CRIMINAL LAW POLICY IN CORPORATE CRIMINAL LIABILITY IN INDONESIA

Abstract

This research aims to analyze criminal law policies in the accountability of corporate criminal acts in 
Indonesia, and to analyze the application of criminal sanctions against corporations that commit 
corporate criminal acts in positive law in Indonesia. This research is a type of normative juridical 
research, using a statutory approach and a conceptual approach. Meanwhile, the data analysis 
methods used are descriptive methods, evaluative methods and argumentative methods. The results of 
this research explain that criminal law policy in criminal liability by corporations in Indonesia was 
born from the existence of an unlawful act of a criminal act (actus reus) and the fulfillment of the 
elements of a criminal intent (mens rea) so that from an objective perspective the act is declared as a 
valid criminal act and subjectively to corporations as perpetrators of criminal acts who meet the 
requirements to be subject to criminal penalties. As well as the application of criminal sanctions 
against corporations that commit criminal acts of corruption in positive law in Indonesia are 
regulated in the provisions of Article 2 and Article 20 of Law No. 31 of 1999 concerning the 
Eradication of Corruption Crimes, which provides an understanding that substitute liability can be 
applied if it is still within the authority of the corporate leadership and regulates that the application 
of the main criminal offense can only be replaced with a fine and an additional penalty of 1/3.