Corporate Criminal Liability in Corruption Crimes Based on Positive Law and Developments in Indonesian Regulations

Abstract

Corruption involving corporations is a crucial issue in law enforcement because corporations can be used as a means to commit crimes while simultaneously benefiting from the proceeds of crime. This study aims to analyze the status of corporations as subjects of criminal acts, the basis for corporate criminal liability, and the application of sanctions against corporations in corruption cases under Indonesian positive law. This study uses a normative juridical method with a statutory and conceptual approach through an analysis of relevant laws and regulations and legal literature. The results show that Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, particularly Article 20, provides the legal basis for the prosecution and criminalization of corporations and/or their managers. This accountability is strengthened by Supreme Court Regulation No. 13 of 2016, which provides parameters for assessing corporate culpability, and Law No. 1 of 2023 concerning the Criminal Code, which affirms corporations as subjects of criminal acts. The study concludes that effective corruption eradication requires the consistent application of corporate accountability, taking into account the benefits obtained, the involvement of controllers, and the corporation's failure to prevent criminal acts.