Limitation of Corporate Liability

However, Article 49 of the National Criminal Code only imposes corporate liability on parties as regulated in Articles 46-47 of the National Criminal Code, namely administrators who have functional positions, order givers in the corporation, controlling parties of the corporation, and beneficial owners of the corporation. This provision excludes criminal liability for "people who, based on a working relationship or based on other relationships, act for and on behalf of the corporation or act in the interests of the corporation", for example, corporation employees or people employed by the corporation.

Nature of Corporate Liability

Criminal liability for criminal acts by corporations can be imposed on:

  1. Only the administrators (the corporation as the perpetrator and the administrators who are responsible);
  2. The corporation only (the corporation as the perpetrator and also as the one responsible);
  3. Administrators and the corporation. However, it is not explained regarding the conditions or criteria so that criminal and criminal liability can be requested cumulatively from the administrators and the corporation at the same time.

Justification and Excuse for Corporations

Article 50 of the National Criminal Code regulates that the justification and excuse submitted by administrators who have functional positions, order givers, controlling parties, and/or beneficial owners can also be submitted by the corporation as long as it is directly related to the criminal act charged to the corporation. The application of this provision must be selected selectively, what kind of justification and excuse from individuals is then relevant to also be seen as justification and excuse for the corporation.

*This article represents the personal opinion of the author and does not represent the views of the Indonesian Legal Literacy editorial team.