SOLUSI DALAM PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORPORASI DITINJAU DARI ASPEK KRITERIA DAN POLA PEMIDANAAN

Abstract

Perpetrators in the development of criminal law, not only carried by humans as subjects of law, but also carried out by the corporation. Criteria against criminal acts of the corporation, which is to determine the presence or absence of corporate crimes are: First, is there any act or omission (not doing) from someone associated with his work or for other reasons work in the legal entity. Second, whether the act or omission done in accordance with normal business corporation. Third, whether the action profitable corporation. Fourth, if the corporation is able to decide such actions have to take place or not. Fifth, whether the action is accepted or generally accepted by the corporation.Criminal prosecution against the criminal corporations should consider arranging effective deterrent for corporate crime can damage the joints of the economic life of a nation and can endanger the survival of a nation.