Urgensi Pertanggungjawaban Pidana Perseroan Terbatas Terhadap Kegiatan Bisnis sebagai Badan Hukum

Abstract

The unclear regulation of criminal liability of limited liability companies is a major obstacle in the eradication of criminal acts committed by limited liability companies. Although a limited liability company has been established as a legal subject and can be held criminally liable, in its enforcement it is still very rare for a limited liability company to be sentenced. This research focuses on the study of the regulation of criminal liability of limited liability companies; the urgency of regulating the criminal liability of limited liability companies in their business activities; and alternative models for resolving the criminal liability of limited liability companies that need to be applied in Indonesia. This research uses descriptive analytical normative legal research method with statutory approach, case approach, and conceptual approach. Literature study technique is used to obtain secondary data which includes primary, secondary, and tertiary legal materials. The data was then analyzed using qualitative data analysis methods and deductive inference. Based on the results of the study, it is concluded that there are 3 (three) variations of criminal liability arrangements for Limited Liability Companies, namely the management as the perpetrator of the responsible management, the limited liability company is recognized as committing a criminal offense but the responsibility is imposed on the management, and the limited liability company commits a criminal offense and can be held accountable in criminal law. The regulation of criminal liability and the imposition of punishment against limited liability companies is an urgency because the current regulation of criminal liability has not been able to fulfill the objectives of law, namely certainty, justice, and benefits. The use of a limitative dual track system model can be an alternative model for criminal liability of limited liability companies with the consideration that the settlement path through a restorative approach will still coexist with the criminal justice path.