Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Model for the Formulation of Corporate Criminal Liability System in Omnibus Law (Law Number 11 of 2020 Concerning Job Creation)

Download367 downloads
  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312648,
        author={Rahmi Dwi Sutanti and Claverina Moraosky Pangaribuan},
        title={Model for the Formulation of Corporate Criminal Liability System in Omnibus Law (Law Number 11 of 2020 Concerning Job Creation)},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={corporate liability criminal liability omnibus law indonesia},
        doi={10.4108/eai.29-6-2021.2312648}
    }
    
  • Rahmi Dwi Sutanti
    Claverina Moraosky Pangaribuan
    Year: 2021
    Model for the Formulation of Corporate Criminal Liability System in Omnibus Law (Law Number 11 of 2020 Concerning Job Creation)
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312648
Rahmi Dwi Sutanti1,*, Claverina Moraosky Pangaribuan1
  • 1: Universitas Diponegoro
*Contact email: rahmidwisutanti@live.undip.ac.id

Abstract

The development of criminal legislation outside the Criminal Code has led to corporations as subjects of criminal law, including in the Omnibus Law, Law Number 11 of 2020 concerning Job Creation. It is of course also a deviation from the Criminal Code. This is what encourages the importance of conducting this study, using the normative methods, to analyze the model for formulating a corporate criminal liability in this Law. The issue that is the focus of discussion in this paper is how the formulation of corporate criminal liability in Law Number 11 of 2020 concerning Job Creation and, what is the ideal corporate criminal liability formulation model in an Omnibus Law. The results showed that the structure of the Job Creation Law is different from other ordinary laws, and each cluster mentions corporate criminal liability in a diverse and unsynchronized manner. So, there are no uniformity of corporate criminal liability formulation, and it can lead to juridical problems in its application. From the second problem it can be concluded that the ideal formulation model for corporate criminal liability in an Omnibus Law is to accommodate it in the chapter on general provisions. By entering into general provisions, the regulation will be uniform and applicable to the entire content of the law.