2. Analysis from a Criminal Law Perspective

No civil agreement can eliminate or cancel criminal liability. Confidentiality clauses cannot prevent legal proceedings if a criminal act is proven to have occurred. Law enforcement officials (Police or Prosecutor's Office) are obliged to conduct investigations without being bound by the contents of the agreement.

Identification of Parties Who Can Be Held Accountable

Defendant in a Civil Lawsuit

The party that can be sued civilly to be held accountable is a third party, namely the food provider. The basis for the lawsuit could be:
  • Default (Breach of Contract): The school or the student's parents can sue the food provider for failing to fulfill the obligation to provide safe and proper food.
  • Unlawful Act (PMH): The victim (through the parents) can sue based on Article 1365 of the Civil Code, because the food provider's negligence has caused physical and material losses.
  • School Responsibility: The school also has the potential to be sued if it is proven negligent in choosing partners or supervising food distribution, even though the main responsibility lies with the provider.

Potential Suspects in Criminal Law

The determination of suspects is based on the results of the investigation to prove the element of error (intentional or negligence). The regulations that can be applied include:
  1. Food Crime (Priority): Law Number 18 of 2012 concerning Food.
    • Article 140: Prohibits the production/distribution of food that does not meet safety standards. The threat is a maximum imprisonment of 2 years or a fine of Rp4 billion.
    • Article 141: Prohibits the production/distribution of food that is intentionally made dangerous. The threat is a maximum imprisonment of 15 years or a fine of Rp10 billion.
  2. Health Crimes and Negligence (Criminal Code):
    • Article 204 of the Criminal Code: Intentionally selling goods that are dangerous to life/health. The maximum penalty is 15 years.
    • Article 360 of the Criminal Code: Negligence resulting in serious injury to another person.
Responsible Party:The suspect will be directed to the party directly responsible for the processing and distribution of food, such as:
  • Company Person in Charge: Director or operational manager of catering.
  • Field Person in Charge: Head chef or employee proven negligent.
Thus, the party to be sued as the defendant (civil) and designated as the suspect (criminal) is the food provider and the individuals within it who are proven to be negligent or intentionally cause poisoning. This status is not affected by the contents of the confidentiality clause in the agreement with the school.