Juridical Problems of Corporate Criminal Liability Formulation in the Information and Electronic Transactions Law

DOI

10.2991/assehr.k.211130.012How to use a DOI?

Keywords

Juridical problem; corporations; cyber

Abstract

Corporations as legal subjects by consensus have been accepted in criminal law. The impact of this acceptance toward legal subjects in various existing laws in Indonesia is formulated as expansion of the meaning of people, so that people are individuals and legal entities. One of laws that expands the scope of corporations as legal subjects is Law No. 11 of 2008 concerning Information and Electronic Transactions in conjunction with Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions (IET Law). Although it has been formulated in the provisions of the law, it is possible that there are juridical problems in it, including the IET Law. The juridical problem is not testing the formulation of an article formulation in legislation with the Constitution, but testing the legislation formulation with policy of criminal law formulation. The juridical issue of corporations as legal subjects in the IET Law is interesting to study because nowadays the pace of technology and information development is increasing rapidly, it is possible that the perpetrators of cybercrimes are corporations. The legal research method used in this paper was normative juridical. The normative juridical legal research method is legal research conducted by examining library materials or secondary data. The approach used was the statute approach. The Statute approach is an approach that carried out by examining the statutory provisions relating to the issues being raised. The study results concluded that there are juridical problems in the formulation of corporations as legal subjects in the IET Law. The juridical problem in the form of formulating a corporation formulation as legal subject only in the explanation part of the law, not in the body of the law itself. This violates the rule that the explanation part of a law should not create new norms other than the provisions contained in the body of the law. The consequence is that the criminal law must be clear (lex certa) has been violated

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Aris Hardinanto
AU  - Ach. Lutfi Alqadri
AU  - Muhammad Zidny Fuady
PY  - 2021
DA  - 2021/12/03
TI  - Juridical Problems of Corporate Criminal Liability Formulation in the Information and Electronic Transactions Law
BT  - Proceedings of the International Joined Conference on Social Science (ICSS 2021)
PB  - Atlantis Press
SP  - 62
EP  - 66
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211130.012
DO  - 10.2991/assehr.k.211130.012
ID  - Hardinanto2021
ER  -