Joko, Dr. Joko Sriwidodo, SH, MH Jurnal : RESETTING CORPORATE CRIMINAL LIABILITY IN THE INDONESIAN CRIMINAL LAW SYSTEM. Novateur Publication.
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Abstract
A corporation is a group of people who are organized with the aim of seeking profit, both legal entities and non-legal entities. Corporations as legal subjects were initially only regulated in the field of civil law. In the field of criminal law, especially the Criminal Code, there is no such thing as a corporation as a subject of criminal law. Although not known in the Criminal Code, corporations as subjects of criminal law and corporate criminal liability are regulated in Special Laws outside the CriminalCode. Until now, there have been many laws outside the Criminal Code that regulate corporations as legal subjects and their criminal liability. This includes regulations issued by several law enforcement agencies, including the Supreme Court issuing the Regulation of the Supreme Court of the Republic of Indonesia Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations. Then the Attorney General's Office issued a Circular Letter of the Attorney General of the Republic of Indonesia Number B-036/A/FT.1/06/2009 regarding Corporations as Suspects/Defendants in Corruption Crimes addressed to the Heads of High Prosecutors throughout Indonesia, which was followed by the issuance of the Regulation of the Attorney General of the Republic of Indonesia. Indonesia Number PER-28/A/JA/10/2014 concerning Guidelines for Handling Criminal Cases Subject to Corporate Law. All of these are attempts to hold corporations accountable. In order for corporations to become subjects of criminal law and can be held criminally responsible, they need to be accommodated in the latest Draft Criminal Code. And also corporate criminal liability has legal certainty
Item Type: | Article |
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Subjects: | K Law > K Law (General) |
Divisions: | PASCA SARJANA > S2-Ilmu Hukum |
Depositing User: | Mrs irene rene |
Date Deposited: | 30 Jan 2023 09:32 |
Last Modified: | 30 Jan 2023 09:32 |
URI: | http://repo.jayabaya.ac.id/id/eprint/2749 |
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