ANALISIS YURIDIS DINAMIKA TINDAK PIDANA DALAM PERSPEKTIF PERTANGGUNGJAWABAN KORPORASI

Abstract

Abstract
The impact of globalization has not only resulted in growth of increasingly thin state border, but
also growth of legal events that are not only private, but also be public, as a criminal offense, which
requires accountability as a result of the activities of large companies (corporate) in their activities,
to the detriment public (public). The problem is how the development of corporate criminal offense
settings and is responsible under the law in Indonesia, and other countries. The conclusion is that
the offense and the responsibility of corporations in Indonesia are not regulated in the Criminal
Justice Act (Criminal Code), but scattered in various legislation. The next development, both in
criminal law and administrative law that have criminal sanctions have largely been set up of
corporate as subjects of criminal law. In fact, in the General Explanation of the first book
manuscript draft Law Code of Criminal Law (Draft-Criminal Code) 1999-2000 recognized. In
other countries, criminal offense of corporate and its accountability is set up, especially the
countries adherents of the common law system, are like the UK, the USA, and Canada, which
started in the industrial revolution 1842. The district court in its decision to apply through penalties
for the corporate fails to perform obligations under the legislation.
Kata Kunci: Dinamika Tindak Pidana dan Pertanggungjawaban korporasi