Corporate Vicarious Liability In The Crime Of Participating In Bribery In Indonesia

Abstract

The complexity of the corporate world has led companies to become major players in corruption-related activities, including bribery. While the National Criminal Code acknowledges businesses as entities subject to criminal law, implementing vicarious liability in instances of memeplexes bribery needs additional clarification. This study investigates the implementation of the idea of vicarious liability for corporations regarding their involvement in corruption in Indonesia, particularly following the passage of the National Criminal Code (Law No 1/2023). The study employs a juridical-normative methodology utilising a statutory and conceptual framework, examining primary and secondary legal documents through a qualitative-descriptive lens. The findings indicate that the National Criminal Code incorporates the notion of identification and vicarious culpability in corporate accountability, broadening its applicability to those who effectively run the organisation. Vicarious liability in mediating bribery necessitates evidence of a causal link between the bribery act and the corporation's interests. The research's originality lies in its comprehensive analysis of how vicarious liability corresponds with established principles of criminal law, especially in the context of corporate bribery after the introduction of the National Criminal Code.