Corporate Coruuption Countermeasures in Indonesia: Is Supreme Court Regulation 13/2016 Sufficient?

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

This article describes Indonesia’s legal basis for prosecuting corporations, the history of corporate development as a subject of crime, and how Indonesian Supreme Court Regulation No. 13/2016 fills the need for a legal framework of corporate prosecution. The study method is legal research with a qualitative analysis, that is, document study, specifically legislative, supported by interviews with competent resource persons. Supreme Court Regulation No. 13/2016 was expected to be effective for corporate criminal law enforcement, but since its implementation, only a few cases have been tried using the theory and principles of corporate crime. Various obstacles to enforcement of anticorruption law make the regulation more or less ineffective. Indeed, the main enforcement hurdle is investigators and public prosecutors’ lack of capacity to investigate corporations as perpetrators of criminal offenses and to indict based on corporate crime law. Besides that, the difficulty of collecting evidence makes law enforcers reluctant to investigate or prosecute corporate crime.

Original languageEnglish
Title of host publicationChallenges of Law and Governance in Indonesia in the Disruptive Era I
PublisherNova Science Publisher Inc.
Pages179-195
Number of pages17
ISBN (Electronic)9781536193480
ISBN (Print)9781536191295
Publication statusPublished - 1 Jan 2021

Keywords

  • corporation
  • corruption
  • Supreme Court regulation

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