ARCHIVES
VOL. 9, ISSUE 5 (2023)
Corporate criminal responsibility in corruption crimes
Authors
Riki Guswandri, Mohd. Din, Yanis Rinaldi
Abstract
This study aims to explain corporate responsibility in criminal acts
and corporate criminal responsibility in acts of corruption. The type of
research that the author uses is normative juridical, normative juridical
research where law is conceptualized as what is written in laws and regulations
(law in books) or law is conceptualized as rules or norms which are benchmarks
for human behavior that are considered appropriate. Corporations can be said to
carry out the criminal act of corruption as stipulated in Article 2 paragraph
(1) of the PTPK Law if people in a corporation, either management or employees
of the corporation, or other people based on power or delegation of authority
from the corporation, either alone or jointly carry out corporate activities
have unlawfully enriched the corporation itself or other individuals or
corporations where such actions could be detrimental to the country's finances
or economy. In the event that corruption is committed by and on behalf of a
corporation, there should only be two alternatives that can be made accused or
those that can be prosecuted and sentenced, namely the corporation or the
management representing the corporation. Corruption crimes committed by or on
behalf of corporations can only be subject to fines. Based on this, the
formulation of Article 2 paragraph (1) which states "everyone" in
this case an individual or corporation can be sentenced to imprisonment and a
fine is not appropriate.
Download
Pages:180-186
How to cite this article:
Riki Guswandri, Mohd. Din, Yanis Rinaldi "Corporate criminal responsibility in corruption crimes". International Journal of Law, Vol 9, Issue 5, 2023, Pages 180-186
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.