Corporate Criminal Liability Under the Reactive Corporate Fault to Achieve Good Corporate Governance in Indonesia

Abstract

This article discusses the existence, mechanisms and the ideal model of corporate criminal liability based reactive corporate fault for achieving good corporate governance in Indonesia. Implementation of reactive corporate fault doctrine is essential as a basis the prosecution of criminal responsibility in the case that the corporate lets the occurence of criminal act of its managers or does not do prevention through corrective measures in order to avoid repetition. This doctrine needs to be accommodated in the draft of Indonesian Criminal Code (KUHP) in order to put pressure on the corporation that intends creating good internal control (so as not to be blamed) based on good corporate governance.