Corporate Criminal Liability based on Economic Analysis of Law

Zulkarnain, I Nyoman Nurjaya, Bambang Sugiri, Ismail Navianto

2018

Abstract

Corporate crime is an extra ordinary crime that must be eradicated by extra ordinary efforts. However, the effort is not directly proportional to the criminal law policy which is the basis of law enforcement. The Indonesian Criminal Code, only recognizes natural persons as criminal law subjects who are criminally justified, and does not recognize corporations as criminal law subjects. Corporate criminal liability and punishment in Indonesia's are criminal law system still refers to the paradigm that puts people as perpetrators of crime. So although it is clear that the perpetrator of the crime is a corporation, but the responsible is natural person. The main problem is that up until now law enforcement against corporate crime has not been able to deter the perpetrators / corporations, or has not been able to effectively cope with corporate crime. Criminal threats as regulated in Indonesia's criminal legislation are not feared by corporations (corporate criminals) because they are very weak in their application. Renewal of the punishment model for corporate criminals is very urgent to put forward, as part of corporate criminal liability.

Paper Citation

in Harvard Style

Zulkarnain., Nurjaya I., Sugiri B. and Navianto I. (2018). Corporate Criminal Liability based on Economic Analysis of Law.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 1133-1139. DOI: 10.5220/0009923811331139

in Bibtex Style

@conference{icri18,
author={Zulkarnain and I Nyoman Nurjaya and Bambang Sugiri and Ismail Navianto},
title={Corporate Criminal Liability based on Economic Analysis of Law},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={1133-1139},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009923811331139},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - Corporate Criminal Liability based on Economic Analysis of Law
SN - 978-989-758-458-9
AU - Zulkarnain.
AU - Nurjaya I.
AU - Sugiri B.
AU - Navianto I.
PY - 2018
SP - 1133
EP - 1139
DO - 10.5220/0009923811331139