CORPORATION AS CRIMINAL ACT SUBJECT IN INDONESIAN CRIMINAL LAW POLICY
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Abstract
The use of criminal sanctions in overcoming crimes has developed from time to time. This development can be observed from criminal law policy formulation in the positive (criminal) law either inside or outside the Indonesian Criminal Code. One of the current criminal law policy developments is the expansion of criminal act subject, which was originally only humans but now also include corporations. This study seeks to answer the basic legitimacy of a corporation as a new criminal act subject in Indonesian criminal law. In analyzing the topic, this paper will use doctrinal legal research methods. The doctrinal legal research method conceptualizes law as values, principles, regulations, and decisions related to corporations as the criminal act subjects. The result of this study indicates that normatively, Article 103 of the Indonesian Criminal Code is used as the basic legitimacy for the criminal act subject expansion that adds corporation as criminal act subject and introduces corporate crimes in various laws outside the Criminal Code. Further, along with enacting many new criminal law policies that contain corporations as legal subjects and corporate crime, the legitimacy of corporation conviction is automatically born.
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