Abstract:
The absence of the Mens Rea of corporations in criminal offenses becomes the
strongest counter-argument against the criminal liability of corporations. In order to commit
the vast majority of crimes corporations must, in some sense, have mental states (Mens Rea)
but corporation do not have the required Mens Rea as human have in general since a
corporation is a “fictive person”, but for attributing mental states (Mens Rea) of a corporation
need a fundamentally different procedure from attributing Mens Rea in individuals.
This study will limit the research in limited liability company only and discusses about
corporate criminal liability for criminal acts of corruption of PT. Central Steel Indonesia or
PT. CSI based on verdict No. 129/PID.SUS/TPK/2017/PN.JKT.PST.
In Indonesia, in determining Mens Rea of a corporation use strict liability and vicarious
liability doctrine which is a doctrine that does not need to prove Mens Rea because most of
the law that regulates about corruption or criminal liability for corporation use strict liability
and vicarious liability.
Methodology used in this study is a normative juridical research method, in relation to the
normative juridical research, the researcher used several approaches, namely, statue
approach, conceptual approach and case study approach. The type of data used in this study
are secondary data, and secondary data consist of primary legal materials, secondary legal
materials and tertiary legal materials.
