Reformulation of Conditio Sine Qua Non in the Renewal of Mens Rea Corporate Corruption in Indonesia

  • Henry Dianto Pardamean Sinaga, Rintis Nanda Pramugar, Aditya Wirawan

Abstract

The involvement of private sectors shows that corruption involves collective action in its transactions. However, the collective action has not touched many corporations because it is difficult to prove corporate mens rea (MR); thus, it is feasible to reformulate conditio sine qua non (CSQN). This normative juridical research drew two main conclusions. First, the regulation of CSQN involving corporate corruption is still limited to liability based on faults that require individual MR, whereas this theory is very systematic and rational in proving corporate MR, as the study of the antromorphic and/or organizational model has been adopted in several countries. Second, reformulation of CSQN can be done through prioritizing a modified organizational model with identification and aggregation doctrines in which there are two (2) main corporate obligations, namely obligations due to the appropriateness of doing or acting and obligations due to propriety for not doing or not acting. This reformulation can cover up the fundamental of CSQN weaknesses and can answer the limitation of corporate criminal liability in corruption which results in positive consequences, in this case, not all parties involved in corruption are considered equally responsible, but emphasizes the conduct that gives the outcomes of collective crime in the corruption.

Published
2020-06-02
How to Cite
Henry Dianto Pardamean Sinaga, Rintis Nanda Pramugar, Aditya Wirawan. (2020). Reformulation of Conditio Sine Qua Non in the Renewal of Mens Rea Corporate Corruption in Indonesia. International Journal of Advanced Science and Technology, 29(08), 1241 - 1251. Retrieved from https://sersc.org/journals/index.php/IJAST/article/view/20142
Section
Articles