Paper Title
Corporate Criminal Responsibility in the Context of Sexual Violence Crimes in Indonesia: A Legal Analysis
Article Identifiers
: Authors
Keywords
Corporate, criminal, responsibility, sexual violence, justice-based approach, Indonesia
Abstract
Corporate criminal responsibility represents one of the most significant evolutions in modern criminal law. Historically, Indonesia’s criminal justice system, inherited from the Dutch Wetboek van Strafrecht, recognized only individuals as subjects of criminal law, adhering to the classical doctrine societas delinquere non potest a corporation cannot commit a crime. However, the growing influence of corporations in economic and social spheres has exposed their potential role in facilitating or concealing criminal acts, including environmental violations, corruption, and sexual violence. The problem addressed in this study is the limited application and enforcement of corporate criminal liability in Indonesia, particularly concerning sexual violence within institutional or organizational settings, despite the existence of Law No. 1 of 2023 on the Criminal Code and Law No. 12 of 2022 on Sexual Violence Crimes. The main objective is to analyze the doctrinal foundations, enforcement challenges, and justice-based implications of holding corporations accountable for sexual violence offenses under Indonesian law. Employing a normative juridical methodology with descriptive-analytical and comparative approaches, the study examines statutory instruments, court decisions, and legal doctrines, including the principles of mens rea, vicarious liability, and identification theory. The findings reveal that Indonesia’s legal framework has formally recognized corporate criminal responsibility but still faces conceptual and procedural ambiguities, especially in attributing intent (mens rea) to corporations for crimes of a personal nature. Enforcement remains inconsistent due to weak prosecutorial mechanisms, absence of judicial precedents, and limited institutional coordination. Nonetheless, recent reforms particularly Articles 45 and 48 of Law No. 1 of 2023 and Article 18 of Law No. 12 of 2022 signify a transformative shift toward institutional accountability and gender-sensitive justice. In conclusion, effective corporate liability for sexual violence requires harmonization of overlapping laws, clearer doctrinal interpretation of mens rea, stronger enforcement capacity, and victim-centred mechanisms. Integrating preventive compliance systems, ethical governance, and restorative justice principles will ensure that corporate accountability contributes to fairness, deterrence, and the protection of human dignity within Indonesia’s evolving criminal justice framework.
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How To Cite (APA)
Junisar Rudi Anto Silalahi, Anis Mashadurohatun, Sri Endah Wahyuningsih, Muhammad Dias Saktiawan, & Ahmed Kheir Osman (October-2025). Corporate Criminal Responsibility in the Context of Sexual Violence Crimes in Indonesia: A Legal Analysis. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 10(10), b11-b25. https://ijnrd.org/papers/IJNRD2510103.pdf
Issue
Volume 10 Issue 10, October-2025
Pages : b11-b25
Other Publication Details
Paper Reg. ID: IJNRD_309800
Published Paper Id: IJNRD2510103
Downloads: 00027
Research Area: Science and Technology
Author Type: Indian Author
Country: -, -, India
Published Paper PDF: https://ijnrd.org/papers/IJNRD2510103.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2510103
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