The Relevance of the Vicarious Liability Concept in Decision No. 296/Pid.Sus/2021/PN Kdi on Mining Criminal Offenses

Abstract

This study analyzes the judges’ considerations in Decision No. 296/Pid.Sus/2021/PN Kdi and examines the relevance of the vicarious liability concept in corporate criminal liability for mining offenses. The case revealed that only the individual was convicted, while the corporation remained unaccountable. This research uses a normative legal method with statutory and case approaches. The results show that the judges’ considerations did not fully apply the principle of corporate criminal responsibility. Implementing vicarious liability is crucial to ensure justice and corporate accountability in mining crimes.