THE IMPLEMENTATION OF MENS REA IN RELATION TO CORPORATE CRIMINAL LIABILITY FOR CORRUPTION OFFENSES OF A LIMITED LIABILITY COMPANY IN INDONESIA (CASE STUDY VERDICT NO. 129/PID.SUS/TPK/2017/PN.JKT.PST)

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.