ANALISIS YURIDIS TERHADAP PERTANGGUNGJAWABAN PIDANA KORPORASI DAN PERSOALAN HUKUMNYA (JURIDICAL ANALYSIS OF RESPONSIBILITIES CORPORATE CRIMINAL AND ITS LEGAL ISSUES)

Crime can be identified by losses, which subsequently resulted of criminal liability. Indonesian Criminal Code still adheres to the principle of sociates delinquere non potestwhere the legal entity or corporation deemed unable to perform criminal acts. If the corporate proved that deed a harmful activity and should be given sanctions, which one will be responsible and whether private corporation itself or the managers. Based on the research it is known that in the development of law in Indonesia, outside the Criminal Code, in 1951 issued the Emergency Law No. 17 Year 1951Hoarding Goods has adopted the thought or establishment that the offense can also be made by or on behalf of a legal entity, a company, an association of people, and a foundation. It became the first of the positive law that officially accepted that a corporation can be a criminal, and then followed by other laws outside the Penal Code. In other words, in legal terms, the corporation can be assumed as a losses maker beside the man individually (Natuurlijk person).