KEJAHATAN KORUPSI OLEH KORPORASI GLOBAL MERUPAKAN ANALISIS YURIDIS TERHADAP CELAH REGULASI DALAM HUKUM EKONOMI INDONESIA

Abstract

Corruption committed by global corporations is a complex form of transnational economic crime with far-reaching impacts on a nation’s legal stability and economic integrity. This study aims to provide a juridical analysis of regulatory loopholes in Indonesian economic law exploited by foreign corporations to evade legal prosecution, while comparing them with international legal standards. The research employs a normative juridical method using statutory, comparative, and case study approaches. The findings reveal that the main weaknesses lie in the absence of extraterritorial jurisdiction, weak enforcement mechanisms against corporations, and the suboptimal application of the beneficial ownership principle. A comparison with the United States’ Foreign Corrupt Practices Act, the United Kingdom’s Bribery Act, and the OECD Anti-Bribery Convention highlights the necessity for national legal reforms to effectively prosecute global corporate offenders. Recommendations include strengthening cross-border jurisdiction, updating provisions on foreign public official bribery, enforcing stricter corporate sanctions, and harmonizing with international legal instruments.