POLITIK HUKUM PIDANA PERTANGGUNGJAWABAN PIDANA KORPORASI DIKAITKAN SEBAGAI SUBJEK HUKUM PIDANA

Abstract

Development of Globalization, has the potential to cause crimes / crimes
in various fields carried out by actors both individuals and corporations that can
cause losses and victims, which is supported by the emergence and development
of science and information technology. The rarity of corporations that are used as
suspects or defendants is certainly interesting to study and study. One of the
crucial problems is the difficulty of proving corporate criminal liability to fulfill
the criminal offense element violated by the corporation, because law enforcement
officials are still enforced on the principle of impunity without error which is
indeed adhered to in the teaching of criminal responsibility in Indonesia. The
corporate criminal liability system cannot be separated from the legislation policy
contained in the legislation
This type of research can be classified in normative legal research, namely
legal research conducted by researching library materials. This study examines
the subject matter in accordance with the scope and identification of the problem
through a statute approach carried out by examining the laws and regulations
that relate to the legal issue under study. In this study the authors conducted a
study of the principles of law by utilizing descriptive methods. Data collection
techniques used in the Normative Legal Research are library research methods.
The conclusion that can be obtained from the results of the study is that
criminal law regulation on corporate criminal liability in criminal law can
generally be classified into two, among others legislation that establishes
corporations as the subject of criminal acts and can directly be asked for criminal
liability (strict liability) and legislation that establishes the corporation as the
subject of a criminal act, however, the criminal liability is charged to the
members and management of the corporation (vicarious liability. Political
Criminal Law related to Corporate Criminal Accountability as a criminal law
subject is an action carried out in several stages, namely the formulation stage
(legislative policy), application stage (judicial policy), and execution phase
(executive policy) .Three stages, the formulation stage is the most strategic stage
of prevention and control of crime corporation