Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)

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Corporation as a Co-Perpetrator (Medepleger): A Criminal Law Perspective on Collective-Based Corporate Crimes in Indonesia

Authors
Muhammad Fariz Adhyaksa Ramadhan1, Aida Ardini1, *, Kartina Pakpahan1, Marlina Elisabeth Pakpahan1, Zico Ricardo Aritonang1
1PUI PT Criminal Law and Green Economy, Master of Law, Universitas Prima Indonesia, Medan, Indonesia
*Corresponding author. Email: aidaardini@unprimdn.ac.id
Corresponding Author
Aida Ardini
Available Online 3 January 2026.
DOI
10.2991/978-2-38476-531-7_11How to use a DOI?
Keywords
Corporate crime; participation; medepleger; corporate cooperation; criminal liability
Abstract

A significant share of contemporary large-scale offences in Indonesia (e.g., mining, oil and gas, and public infrastructure) are committed collectively through organized assets and coordinated decision-making within or among corporations. While the old Criminal Code did not clearly and expressly regulate corporate criminality under the principles of lex scripta and lex certa, Law No. 1 of 2023 (the new Criminal Code) now recognizes corporations as subjects of crime. This paper examines how participation (deelneming) doctrines—especially co-perpetration (medepleger)—should apply to corporate actors engaged in joint operations, and how liability ought to be allocated among collaborating entities. Using a positivist and normative juridical method (coherence-based reasoning), we analyze statutory developments and legal theory to map models of corporate liability (strict and vicarious liability) and the remaining gaps concerning collective corporate wrongdoing. We conclude that clearer and stricter rules on corporate participation are required to ensure fair attribution and proportional criminal responsibility where corporations co-commit offences.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 January 2026
ISBN
978-2-38476-531-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-531-7_11How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Muhammad Fariz Adhyaksa Ramadhan
AU  - Aida Ardini
AU  - Kartina Pakpahan
AU  - Marlina Elisabeth Pakpahan
AU  - Zico Ricardo Aritonang
PY  - 2026
DA  - 2026/01/03
TI  - Corporation as a Co-Perpetrator (Medepleger): A Criminal Law Perspective on Collective-Based Corporate Crimes in Indonesia
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 91
EP  - 95
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_11
DO  - 10.2991/978-2-38476-531-7_11
ID  - Ramadhan2026
ER  -