Reform of Corporate Criminal Liability Arrangements in Indonesia and Types of Sanctions That Can Be Implemented

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Abstract

Individuals who commit criminal acts will receive criminal sanctions for them. However, criminal sanctions for corporations that commit criminal acts are not regulated in the Criminal Code. whereas, it does not rule out the possibility of a company being involved in a crime. The research method used to answer the problem is the normative legal method by presenting data qualitatively, and using the statutory approach and conceptual approach. This study aims to examine the criminal liability arrangements by corporations as well as what sanctions can be applied. In Indonesia, criminal liability by corporations has been regulated in several statutory regulations that are outside the Criminal Code. Corporations as subjects of criminal law can be compared to humans. because companies are equated with humans, whereas humans are legal subjects, companies can also develop rights and obligations. Therefor, sanctions that can be applied to corporations include basic crimes such as criminal fines, additional crimes, and corporate confiscation

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Sembiring, R. E. B., & Pujiyono. (2020). Reform of Corporate Criminal Liability Arrangements in Indonesia and Types of Sanctions That Can Be Implemented. Legality: Jurnal Ilmiah Hukum, 28(1), 11–21. https://doi.org/10.22219/ljih.v28i1.10949

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