Corporate Criminal Liability for Corruption Offences in Indonesian Criminal Justice System

Corporations are legally deemed to be single entities, distinct and separate from all the individuals who compose them. Corporate liability for crime has appeared on the agenda in many jurisdictions as an international issues. Courts are not necessarily well equipped to supervise corporate activities and the organization may already be subject to extensive regulation by government bodies. There is no need for a court to get involved in overseeing changes in an organization’s safety practices, for example, the settlement of corruption cases based on Indonesian Criminal Code. Therefore, the section requires the court to consider whether another body would be more suitable to supervise the organization. The role of the responsibility criminal against corporations in Indonesia starting from the inception of the emergency law No. 7 Year 1955 regarding Economic Crime, then followed by some of the last is on the Law No. 8 Year 2010 regarding Prevention and Eradication of the Money Laundering. In the framework of the renewal of national criminal law and the draft law on the criminal law (criminal code) systematically have set the criminal liability of corporations, whether incorporated corporation law and corporation who is not a legal entity. Although there have been laws governing corporate crime responsibility about but are still have problems in its application. It can be seen from the lack of a corporate criminal sentenced by the court.