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.
|Title of host publication||Challenges of Law and Governance in Indonesia in the Disruptive Era I|
|Publisher||Nova Science Publisher Inc.|
|Number of pages||17|
|Publication status||Published - 1 Jan 2021|
- Supreme Court regulation