Policy of criminal sanctions against corporations using illegal foreign workers in Indonesia

Wahyuningsih S.E., Danujaya I.D.P.G.A., Iksan M.

Abstract

The Corporation is the subject of the development of Indonesian Criminal Law. Corporate criminal liability has been governed by legislation that is specific outside the criminal code. Increasingly, corporations employ illegal foreign workers in Indonesia, but the application of sanctions that have been done are the only the deportation of the foreign workers. The purpose of this study is to analyse corporate criminal liability employing foreign workers in Indonesia. The method of study used is normative juridical by using secondary data. Data is obtained by collecting and analysing literature materials through library studies. The research results can be concluded that the current policy of the corporate criminal liability formulation in Indonesia has recognised the corporation as the subject of criminal law. Corporate arrangements that employ illegal foreign workers are governed by Law No. 13 of 2003 on employment, ranging from chapters 42 to 49, while criminal sanctions are governed by article 185.

Journal
International Journal of Innovation Creativity and Change
Page Range
166-182
Volume
12
Issue Number
10
Publication date
2020
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