Corporate Criminal Liability for the Alleged Crime of Employing Medical Personnel and Health Personnel Without a License in Hospitals

Abstract

Corporations as legal subjects not only carry out their activities in accordance with economic principles (seeking maximum profits) but also have an obligation to comply with legal regulations in the health sector which are used by the government to realize community welfare and social justice. As the corporation is the creator, the management is responsible for criminal acts that can be committed by associations or business entities (corporations), but the responsibility for this is the responsibility of the management of the legal entity (corporation). Gradually, criminal responsibility shifts from management members to those who order them, or are prohibited from carrying them out if they neglect to actually lead the corporation. Objective research : understand form accountability corporation as body law hospital in employ power medical and power health without letter permission practice (permit) at hospital. This study use approach juridical normative nature descriptive analytic with secondary data from studies references through material primary law, secondary nor related tertiary​ with follow criminal corporation, body law hospital, permission power medical and power health in law Indonesian criminal law. Data analyzed use analysis qualitative. In the accountability system employing medical personnel and health workers without a practice license (permit), the corporation can become a perpetrator of action criminal, will but responsible​ are members​ administrator, origin just stated with firm in that regulation. Corporation as maker or who gives command/ordered for employ power medical and power health work without permission. Manager appointed​ as responsible;​ which is seen done by corporation is what is being done by tool complement corporation according to authority based on budget basically.