Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Implementation of Criminal Sanction in Corporation of the Labour Law Perspective (case Study on Corporations in Cianjur District, Indonesia)

Author(s): Ahmad Hunaeni Zulkarnaen

Corporations as perpetrators of criminal offense might be criminally liable and might be subjected to criminal penalties. Criminal sanctions against corporations committing criminal acts in the field of labour are set forth in Law No. 13 Year 2013 about Manpower. This study aimed at finding out how the implementation of criminal sanction against corporations committing criminal acts of employment is and what types of criminal sanctions can be applied to corporations committing labour crime. The research method used in this study is qualitative research method which data were collected through document review/literature supported by participation of observation through in-depth interviews. The results of this study indicate that criminal prosecution can be brought against corporations and their administrators or both. The types of sanctions may be imposed on corporations are not imprisonment or confinement, but penalties and/or compensation, additional criminal sanctions in the form of administrative sanctions, whereas imprisonment or imprisonment may be given to corporations’ administrators. Based on the results of field research authors from 2016 and 2017 to cases that are or are being processed in the District Court Cianjur District, the researchers did not find any criminal cases that put the corporation as a defendant for violating Article 183 to Article 190, Article 183 paragraph (1), Article 184 paragraph (1), Article 185 paragraph (1), Article 186 paragraph (1) Article 187 paragraph (1) of Law Number 13 Year 2003. In fact, researchers found hundreds of violations committed by corporations to labour violate law number 13 of 2003.