CORPORATE CRIMINAL LIABILITY IN CRIMINAL ACTS OF CORRUPTION IN INDONESIA

Abstract

Corruption in Indonesia is a crime with widespread impacts on state losses, economic stability, and public trust. Developments show that perpetrators of corruption are not only individuals, but also involve corporations as instruments and legal subjects. The recognition of corporations as subjects of criminal acts is reflected in Article 20 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, which states that corporations can be prosecuted and sentenced if the crime is committed by or on behalf of the corporation. Furthermore, the new Criminal Code (Law Number 1 of 2023) further strengthens the position of corporations as subjects of criminal acts in general.

This study aims to analyze the legal basis for corporate criminal liability in corruption crimes and examine its implementation in judicial practice. The method used is normative juridical with a statutory and case approach, through primary legal materials in the form of laws and court decisions, and secondary legal materials in the form of books and scientific journals. The results of the analysis indicate that normatively, the legal framework for corporate criminal liability is clear and in line with the doctrine of corporate criminal liability. However, implementation in court still faces several obstacles, such as difficulties in providing evidence, limited types of sanctions, and a lack of technical guidelines for law enforcement officials. Several cases such as PT Giri Jaladhi Wana, PT Nusa Konstruksi Enjiniring, and PT Merial Esa show that corporate criminalization tends to be limited to fines, the amount of which is not commensurate with the state's losses.

Thus, reform of corporate criminalization policies for corruption crimes is needed, both through diversifying more effective sanctions and increasing the capacity of law enforcement officials. Criminalization of corporations serves not only as a punishment but also as a means of reforming corporate governance to make it more accountable, transparent, and free from corruption.