Mansyur

Pengaturan Pertanggungjawaban Pidana Korporasi di Indonesia

Introduction

Pengaturan pertanggungjawaban pidana korporasi di indonesia. Pelajari pengaturan dan reformulasi pertanggungjawaban pidana korporasi di Indonesia. Hadapi kejahatan ekonomi korporasi yang merusak sistem finansial.

Abstract

The process of globalization and liberalization that occurs in all parts of the world, not only opens opportunities for businesses to play a direct role in the development of the world economy, but also contributed to the growth of various new crimes in the economic field, which are no less dangerous than other conventional crimes, because the impact is very large and has the potential to undermine the financial system and economy in a country or even the world economic system. The criminal acts that are rampant today related to the existence of the corporation are corporate criminal rampant acts which will have a serious and widespread impact, damage the joints of the life of the nation and threaten the stability of the country.Therefore, the law must take its role in creating justice and the welfare of the community and in handling it requires extraordinary ways, one of which is to make corporations the subject of criminal law which is considered capable of committing criminal acts and can be accounted for criminally. This type of research is normative legal research with the consideration that this research departs from the analysis of legislation. The approach method used in this study is the Law approach, conceptual approach, and case approach. The results of the study can be concluded that at this time the politics of corporate criminal liability regulation has not been able to realize corporate criminal liability. Therefore, reorientation and reformulation is needed in the policy of formulating corporate criminal liability that will come by emphasizing uniformity and consistency in determining when a criminal offense is said to be a criminal act of a corporation, who can be prosecuted and sentenced for criminal acts of the corporation, and what sanctions are appropriate for corporations that commit criminal acts. Keywords: Politics, Criminal Liability, Corporations

Review

The article, "Pengaturan Pertanggungjawaban Pidana Korporasi di Indonesia" (Regulation of Corporate Criminal Liability in Indonesia), tackles a critical and globally relevant issue: the escalating challenge of corporate criminality in an era of rapid globalization and liberalization. The abstract effectively highlights the significant and often devastating impact of corporate crimes on national and even global economies, positioning the need for robust legal frameworks as an urgent imperative. This paper specifically aims to analyze the current regulatory landscape concerning corporate criminal liability within Indonesia, positing that existing frameworks are currently inadequate to effectively hold corporations accountable for complex economic offenses. The research employs a normative legal research methodology, a fitting choice given its focus on legal analysis and legislative interpretation. The authors utilize a multi-pronged approach, incorporating a Law approach, a conceptual approach, and a case approach, which suggests a comprehensive examination of relevant statutes, underlying legal principles, and practical application through judicial precedents. The core finding reveals a significant deficiency: the current "politics of corporate criminal liability regulation" in Indonesia has not been successful in effectively realizing corporate criminal accountability, thus failing to meet the demands of justice and community welfare in handling complex economic crimes. The study's conclusion underscores the urgent need for a strategic "reorientation and reformulation" in Indonesia's policy on corporate criminal liability. The abstract explicitly calls for greater uniformity and consistency in defining what constitutes a corporate criminal act, identifying who is accountable for such acts, and determining appropriate sanctions. This recommendation provides a clear roadmap for future legislative and policy development, aiming to strengthen the legal framework against corporate malfeasance. Overall, this paper appears to offer a timely and important critique of Indonesia's current legal posture towards corporate crime, providing valuable insights for policymakers and legal scholars seeking to enhance accountability and maintain economic stability.

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