Research Article
Corporate Responsibility as The Legal Subject in Corruption Case to Ensure Legal Certainty
@INPROCEEDINGS{10.4108/eai.14-4-2021.2312424, author={Erwin Satrio Wilogo}, title={Corporate Responsibility as The Legal Subject in Corruption Case to Ensure Legal Certainty}, proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLHR}, year={2021}, month={10}, keywords={corporation criminal act of corruption legal certainty}, doi={10.4108/eai.14-4-2021.2312424} }- Erwin Satrio Wilogo
Year: 2021
Corporate Responsibility as The Legal Subject in Corruption Case to Ensure Legal Certainty
ICLHR
EAI
DOI: 10.4108/eai.14-4-2021.2312424
Abstract
Corporate criminal responsibility theoretically puts corporation as a subject of criminal law that can be accounted for according to criminal law. This position has not yet been sufficiently understood and taken into account in formulating criminal provisions against corporations, prosecution and punishment of corporations in criminal justice practices. The current regulations have not yet discussed the criminal liability of corporations, especially related to the guidelines for criminalizing corporations. It is confirmed in this research that there is no clear regulation concerning corporate crime in Indonesia in the Criminal Code. Nevertheless, the possibility of corporations committing criminal acts has been disseminated in various laws outside the Criminal Code, including the Law concerning the Eradication of Corruption. The formulation of the regulation is not supported by adequate formal law, but the absence has been compensated with the issuance of Perma No. 13 of 2016 concerning Procedures for Handling Corporate Crime. Unfortunately, the Perma is not a statutory level with the law, making it improper if the formulation of corporate crime in the regulation was only supported by formal law which level is lower than the law. This issue can be completely addressed if the Perma is upgraded to law or registered into the Draft Criminal Procedure Code that will be immediately applied.
