CORPORATE CRIMINAL LIABILITY NOT FULFILL THE RIGHTS OF PERSONS WITH DISABILITIES

This research aimed to review a corporate action which contains the elements of a criminal act that do not fulfill the rights of Persons with Disabilities and liability as stated in Constitutions Number 8 of 2016 concerning Persons with Disabilities. This research using normative law method, the approach that used is statute and conceptual approach. This research shows that the elements of corporate actions that have implications for criminal acts in this law are actions of corporate management acting on behalf of the corporation or the policies of the corporation that have ignored or prohibited persons with disabilities from obtaining their rights as stated in the law. The corporation accountability in Constitution Number 8 of 2016 concerning disability person there are 2 kinds, administrative sanctions and second, cumulative criminal sanctions, namely in the form of imprisonment and fines. Whereas, the concept of criminal liability against corporations used in this law is the corporation as a responsible policy maker and administrator, in the sense that the criminal act according to this law is violated by the corporation, the corporate management will be responsible according to the cumulative criminal sanctions contained in the law.

There are the availability of employment for persons with disabilities is more in the service and retail sectors than in the industrial sector. The lower participations in the industrial sector influenced by some problems are unavailability of accessibility in the work environment, social disparities, and non-inclusive educational training. However, in the midst of a world labor situation which full of pressure as a result of the COVID 19 pandemic, there is one thing that opens up opportunities for people with disabilities to contribute to the world of work. The opportunity is the use of technology that is able to create diversification of skills, which can be utilized by persons with disabilities 3 .
Based on the data above, there is clearly that there are still many companies that have not provided access for persons with disabilities. Whereas the right to 1 Ansori, "Jumlah Penyandang Disabilitas Di Indonesia Menurut Kementerian Sosial." 2 Priyanto, Kebijakan Legislatif Tentang Sistem Pertanggungjawaban Korporasi Di Indonesia. 3  1. Every citizen, according to his talents, abilities and abilities, has the right to decent work.
2. Everyone has the right to freely choose the job he likes and the right to just terms of employment.
3. Everyone whether male or female who performs the same, comparable, equal or similar work, is entitled to the same wages and terms of employment agreement.
4. Everyone whether male or female, in carrying out work that is commensurate with human dignity is entitled to a fair wage in accordance with his achievement and can guarantee the survival of his family.
The regulation of Article 5 Number 13 of 2003 concerning employment («Labor Law») stipulated that every employment has the same chance without discrimination to get work. In the explanation of Article 5 Labor Law explained that every employee has the right and the same chance to obtain work and the decent living without distinction of sex, tribe, race, religion, and political stream in accordance with the interests and abilities of the workforce concerned, including the equal treatment of persons with disabilities. In the regulation above explained that every employee has the same chance without discrimination to obtained work including persons with disabilities though. The analysis of legal materials was carried out in a descriptive qualitative way, meaning that the legal materials were presented descriptively and analyzed qualitatively, namely analyzing the legal materials based on the quality and correctness of the legal materials and then drawing conclusions which were the answers to the problems in this study.

Literature Study a. Definition of Disability
The terminology that represents people with different abilities continues to evolve over time. Soekarno era was referred to as «Disabled Persons,» then became «disabled» in the Soeharto era 4 . The terminology of «Persons with Disabilities» and «Persons with Disabilities» is no longer used because it degrading and discrediting people with different abilities. This is similar to that stated by Fakih 5 that the labeling «disabled» for those who only loses or damage one of their limbs or senses is considered abnormal, which is then interpreted as disabled. This labeling eventually became the cause of injustice, discrimination and oppression. 4  After Indonesia ratified the convention on the rights of persons with disabilities through Law no. 19 of 2011, then began to use the term «Persons with disabilities. «The word» disability «comes from the English uptake, namely» Disability « (plural: Disabilities) which means disability or disability. However, the term disability in the Big Indonesian Dictionary has not been listed. Disability is a condition that results from the interaction between people who have functional limitations (physical, mental, intellectual and sensory) and the environment and attitudes that hinder their full and effective participation in society on an equal basis with others (Inclusion City Indicator Seminar and Workshop Material Yogyakarta, SAPDA 24 October 2016).
According to Dethmers (2010: 9), disability cannot be seen just a mental or physical limitation, but very closely related to the interaction of a person with a disability with their environment which is influenced by culture, religion, policy and society. 2) Persons with Intellectual Disability namely the disruption of the function of thought because the level of intelligence is below average, including: slow learning; It is not uncommon for the inherent and long-lasting stigma about the vulnerability of persons with disabilities to take part in neglecting the rights to participate and space of expression for groups of people with disabilities. The causes of this stigma developed are one of the strong hegemony of the medical perspective where people with disabilities are seen as helpless and incapable people because they have various deficiencies both physically and mentally / intellectually. According to Salim, et al. (2015:53) 7 , medical perspective only focuses the way of looking to the individual aspect than the social aspect or policy of country. Means that disability people and several issue which around not seem in comprehensive.
Then, according to Winarno and Dethmers 8 , disability people are part of other susceptible group, namely poverty community both in the metropolis and villagers.
Both relationships is often illustrate as the difficult separated circle where the poverty and disability is strengthen each other. The cycle above illustrate how the disability and poverty is gives the influences each other. As it explained in the figure above:

Corporation Accountability in Indonesia
From the observation of the regulation of corporate criminal liability in these 7 Ibid. 8  various laws can be concluded, that the regulation pattern is varies and not has the standard pattern 10 . There is a uniform and consistent corporate criminal code regarding: 1) when is the corporation implementing committing a criminal act and when it can be accounted for (some formulate and some do not); 2) Who can be accounted for (some are formulated and some are not); 3) Types of sanctions (some regulate only basic crimes, some are basic and additional crimes, and some are added with disciplinary action); 4) Formulation of sanctions (some formulate alternative, cumulative, and combined cumulative alternatives); 5) There are those that regulate penalties in lieu of fines that are not paid by the corporation and some do not 11 .
Realizing the violence of corporation is complex besides the character as crimeby powerful so the law enforcers must has extra abilities and is mentally tough 12   In the relationship which implemented the terrorism criminal act, the law on the eradication of the criminal act of terrorism has given the sign how is the system of criminal accountability in the Article 17 Paragraph (1) in explicit stated «In the event 14 Toruan, "PERTANGGUNGJAWABAN PIDANA KORUPSI KORPORASI." 15 Sjahdeini, Pertanggungjawaban Pidana Korporasi.

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that a criminal act of terrorism is committed by or on behalf of a corporation, the charges and criminal charges will be carried out against the corporation and / or its management». Based that regulation of law if the corporation is implementing the terrorism criminal acts so it is must accountability on the criminal acts is only corporation.
Basic of error (geen straf zonder) is the fundamental principle in conviction.
Although, people has implementing criminal acts is not always conviction. People which implementing the criminal acts will be convicted if the person is at fault, with accountability of Criminal Corporation in criminal penalty needs to notice as follows 16  With imposed a very high fine so the corporate criminal will burden the enormous cost economic risk and must issue so as to exceed the target of his crime.
Expected the conviction has the large influence for corporate criminal in philosophy contradicting with the values of justice of society, sociologically not wanted by society and victimologically cause a lot of loss to others 17 .
Then, the corporation accountability in criminal law is appears not through the study of the expert but as causes from the tendencies from legal formalism. The corporation acts through the agents to one side is often causes the enormous losses in society, so the presence of criminal sanctions expected to be able avoid from the repeating his action 18 .
Doctrines of respondent superior producing are three models of accountability of corporation crime namely direct corporate criminal liability, strict liability, and vicarious liability 19 . Direct corporate criminal liability closely related with 16 Weissmann and Newman, "Rethinking Criminal Corporate Liability." 17 Stephens, "The Amorality of Profit: Transnational Corporations and Human Rights." 18 Теорія і практика правознавства. -2021. -Вип. 1 (19)

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identification doctrine which stated that basically admit that the Actions of certain agents of the corporation, as long as those actions are related to the corporation, are considered as actions of the corporation itself 20 .
Strict liability means as criminal acts with does not require the perpetrator to be guilty of one or more of actus reus 21 . Strict liability is the accountability without mistake (liability without fault). So, it is not related with mens rea because the basic element strict liability is actus reus (acts) so must be proofed as actus reus (acts) not mens rea (mistake) 22 .
Vicarious liability (the liability of the replacement) means as the accountability according to law of someone on the mistakes that done by someone else 23 20 Colvin, "Corporate Personality and Criminal Liability." 21 Heaton, Criminal Law Textbook. 22 Hanafi, "Strict Liability Dan Vicarious Liability" Dalam "Hukum Pidana." 23 Reid, Criminal Law. 24 Clarkson, Understanding Criminal Law. 25 Clarkson. 3. The corporation is not implementing the steps that needed to avoid the 26 Теорія і практика правознавства. -2021. -Вип. 1 (19)   ISSN 2225-6555 respect, protect and fulfill the rights of persons with disabilities, namely Constitutions  Теорія і практика правознавства. -2021. -Вип. 1 (19) ISSN  act that makes the criminal act is on-person, that is, the person who leads the corporation is responsible for the crime, regardless of his knowledge of the act.