Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Corporate Criminal Liability Which Violates the Rights of Persons with Disabilities

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312856,
        author={Mery Rohana Lisbeth Sibarani},
        title={Corporate Criminal Liability Which Violates the Rights of Persons with Disabilities},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={persons with disabilities criminal liability corporations},
        doi={10.4108/eai.14-4-2021.2312856}
    }
    
  • Mery Rohana Lisbeth Sibarani
    Year: 2021
    Corporate Criminal Liability Which Violates the Rights of Persons with Disabilities
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312856
Mery Rohana Lisbeth Sibarani1,*
  • 1: Universitas Kristen Indonesia
*Contact email: merysibaranidosen@gmail.com

Abstract

Persons with disabilities are often denied their rights. Not only in the general public, but also in companies. Normatively, it is very clear that Indonesia as a country has obligations such as providing respect, protection, and also the fulfillment of the rights that persons with disabilities must obtain. This provision is normatively stated in Law Number 8 of 2016 concerning Persons with Disabilities. In this provision, any person or corporation that does not comply with these provisions may be subject to sanctions. Corporations in this case can be in the form of legal entities and not legal entities. This research shows the results that corporate behavior that violates the provisions in the law is the behavior of corporate managers acting for and on behalf of the corporation, or the rules of the corporation itself that have ignored, inhibited, and/or prohibited persons with disabilities from obtaining their rights by the rules in law. Meanwhile, the criminal responsibility against corporations used in this law requires accountability from corporate policymakers and corporate managers to be responsible. This is because policymakers and corporate administrators are parties who work for the benefit of the corporation, as well as on behalf of the corporation.