Research Article
Corporate Legal Responsibility of Defaulting Flats Developers
@INPROCEEDINGS{10.4108/eai.6-5-2023.2333458, author={Lismanida Lismanida and Rineke Sara and Riswadi Riswadi}, title={Corporate Legal Responsibility of Defaulting Flats Developers}, proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2023}, month={7}, keywords={legal accountability; corporations; developers; default}, doi={10.4108/eai.6-5-2023.2333458} }- Lismanida Lismanida
Rineke Sara
Riswadi Riswadi
Year: 2023
Corporate Legal Responsibility of Defaulting Flats Developers
ICLSSEE
EAI
DOI: 10.4108/eai.6-5-2023.2333458
Abstract
The Flats Developer Corporation is the subject of a crime, it raises issues related to accountability in criminal law. That is, whether the legal entity can be blamed for the actions of the legal entity, whether intentional or unintentional due to negligence. Because, however, we still adhere to the principle of "no crime without fault" (Geen straf zonder schuld). All legal subjects, both humans and legal entities, can make an agreement that creates an agreement between parties that is binding for the parties who approve as stipulated in Article 1338 of the Civil Code. In the agreement, there are always two subjects, namely the party who is obliged to perform an achievement and the party entitled to an achievement. In fulfilling an agreement based on a contract made by the parties, it is not distinctive for the debtor (customer) to neglect to carry out his obligations or not to carry out an achievement, this is what is called a state of default. Default has crucial consequences in which it must be known in advance whether it is true that the parties to the agreement have defaulted or not.