IMPLEMENTASI TEORI PERTANGGUNGJAWABAN PIDANA KORPORASI KAITANNYA DENGAN KEJAHATAN KORPORASI

The existence of corporations in current globalization and liberal economy is like that of a double-point sword. In one side, they are “useful” (for the sake of economic growth), but they are also “harmful” (commit crime to gain as much profit as possible) in other one. Recognizing the negative sides of corporations’ existence, statutory laws except Indonesian Criminal Code have establihed that corporations can commit crimes and be sentenced. Accordingly, studies on positive Indonesian criminal law have addressed criminal liability theories for corporations namely identification doctrine; vicarious liability doctrine and strict liability doctrine. Indeed, the theories are not based on the general rules in Indonesian Criminal Code due to except Indonesian Criminal Code’s principle that corporations can do no crimes. However, law enforcing agents can employ the theories to charge corporate criminals.