Some Notes on The Supreme Court Regulation Number 13 of 2016 Regarding the Handling Procedures for Criminal Case by Corporation

International Conference on Industrial Technology for Sustainable Development 2017

工业技术;经济学

Sjawie, Hasbullah F.^1

Faculty of Law, University of Trisakti, Jakarta, Indonesia^1

关键词: Criminal case;    Human being;    Indonesia;    Notes;    Supreme Court;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/175/1/012198/pdf
DOI  :  10.1088/1755-1315/175/1/012198

学科分类：工业工程学

来源: IOP

【 摘 要 】

In modern law, criminal liability does not only refer to the human being, but also to a corporate. Following the universal law development, corporate criminal liability has been regulated in some Acts in Indonesia and actually there is no legitimate reason for law enforcer not to enforce it. One of the crimes that can involve a corporation is corruption, as stated in Indonesia Act Nr. 31 of 1999 Jo. Act 20 of 2001 regarding the combating of corruption. There is no corporation that be brought by Commission against Corruptions to the court until now. Although it is not entirely true, the incomplete regulations are often blamed by some people for the absence of criminal cases involving corporate taken to the court. They blamed that the corporation's examination as the defendant of the crime in the criminal process of law is still unclear. With the spirit to complete the corporate criminal liability regulation, the Indonesia Supreme Court published its Regulation Nr. 13 of 2016. This Supreme Court Regulation is actually expected to be the guideline of handling procedure for the corporate criminal case for the law enforcer. Unfortunately, there are some notes that can reduce the quality of that regulation.