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SRP. 2020; 11(12): 925-930


A PSYCHOLOGICAL PERSPECTIVE OF CORPORATE CRIMINAL LIABILITY IN ENVIRONMENTAL CRIMES

Mahrus Ali, Al Halim, Rahmi Yunita, Wahyu Priyanka Nata Permana, Barda Bawawi Arief, Pujiyono.


Abstract

This study aims to analyze the corporate criminal liability system in Indonesia in a psychological perspective. The object of this research is limited to the Attorney General's Regulations, Supreme Court Regulations, and 18 laws outside the Criminal Code that recognize corporations as the subject of offenses in criminal law. The results of the study found that there is no single rule studied that regulates when a corporation can be held liable for criminal acts committed by the management, the corporation or both. Corporate criminal responsibility theories that develop in theoretical discourse are also not used. This condition will clearly make it difficult for law enforcement officers in handling criminal cases committed by or involving corporations. Even though the Attorney General and Supreme Court Regulations were made to fill weaknesses in corporate regulation in various laws, these two regulations are also inaccurate because they regulate legal norms that should be contained in legal products of law. Also, neither of them regulates the criteria for corporate criminal liability, especially regarding the punishment and the determination of actors in a psychological perspective.

Key words: Corporate Criminal Responsibility, Psychological Perspectives, Law, Environmental Crimes, Supreme Court.






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