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VOL. 9, ISSUE 2 (2023)
Legal reconstruction of corporate criminal accountability in corruption case based on justice value
Authors
Rakhmat Baihaki, Gunarto, Sri Endah Wahyuningsih
Abstract
The aim of the research is to examine and analyze the weaknesses of regulations on the inclusion of corporate responsibility in current corruption crimes, and how to reconstruct the regulations on participation in corporate accountability in corruption crimes based on the value of justice. This research was conducted using socio-juridical research which is a legal research method that functions to see the law in its real sense and examines how the law works in a society that is analytically descriptive using primary and secondary data and using the theory of justice as a grand theory.
Research Results show that the regulation inclusion of corporate responsibility in criminal acts of corruption has weaknesses because the Criminal Code does not recognize corporate responsibility, procedural law, and provisions for criminal acts of corruption do not regulate corporate procedural law and law enforcers do not understand much about corporate criminal accountability. For this reason, the provisions of Article 20 paragraph (1) of Law Number 31 of 1999 which reads in the event that an illegal act of corruption is committed by or on behalf of a corporation, therefore, charges and criminal convictions can be made against the administrators must be reconstructed in the form of a new paragraph to become charges and criminal convictions against directors, commissioners, and management are implemented in the form of participation in criminal acts, directors, commissioners, and management representing corporations cannot be represented by other people.
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Pages:79-83
How to cite this article:
Rakhmat Baihaki, Gunarto, Sri Endah Wahyuningsih "Legal reconstruction of corporate criminal accountability in corruption case based on justice value". International Journal of Law, Vol 9, Issue 2, 2023, Pages 79-83
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