TY - JOUR
T1 - Corporate Criminal Liability in Indonesia Anti-Corruption Law
T2 - Does It Work Properly?
AU - Wibisana, Andri Gunawan
AU - Marbun, Andreas Nathaniel
N1 - Publisher Copyright:
© 2018 Walter de Gruyter GmbH, Berlin/Boston 2018.
PY - 2018/4/1
Y1 - 2018/4/1
N2 - Since the way of doing corruption has evolved over time, there are likely possibilities for corporate entities to be involved in corruption activities and infringe the anti-corruption law. This paper endeavors to find justifications to criminalizing corporate entiti(es) from a law and economics perspective. This paper argues that it is ultimately efficient for a party not to be held criminally liable for another party's culpable act, and thus it concludes that individual vicarious criminal liability is inefficient. Unlike individual vicarious liability, corporate vicarious criminal liability might be efficient. This paper will also explain how and why the implementation of the corporate criminal liability should be classified differently with the liability of corporate officers, particularly under the regime anti-corruption law, so that the distinction between the personal acts of a high ranking corporate officers and the act of corruption involving the corporation itself can be unequivocally distinguished. This paper also critically evaluates Indonesia's regulation and formulation of corporate entity criminal liability which pursuant to the anti-corruption law and to further examine whether Indonesia's anti-corruption law has achieved its purpose.
AB - Since the way of doing corruption has evolved over time, there are likely possibilities for corporate entities to be involved in corruption activities and infringe the anti-corruption law. This paper endeavors to find justifications to criminalizing corporate entiti(es) from a law and economics perspective. This paper argues that it is ultimately efficient for a party not to be held criminally liable for another party's culpable act, and thus it concludes that individual vicarious criminal liability is inefficient. Unlike individual vicarious liability, corporate vicarious criminal liability might be efficient. This paper will also explain how and why the implementation of the corporate criminal liability should be classified differently with the liability of corporate officers, particularly under the regime anti-corruption law, so that the distinction between the personal acts of a high ranking corporate officers and the act of corruption involving the corporation itself can be unequivocally distinguished. This paper also critically evaluates Indonesia's regulation and formulation of corporate entity criminal liability which pursuant to the anti-corruption law and to further examine whether Indonesia's anti-corruption law has achieved its purpose.
KW - corporate criminal liability
KW - Indonesia's anti-corruption law
KW - liability of corporate officers
KW - vicarious liability
UR - http://www.scopus.com/inward/record.url?scp=85105191064&partnerID=8YFLogxK
U2 - 10.1515/ajle-2017-0029
DO - 10.1515/ajle-2017-0029
M3 - Review article
AN - SCOPUS:85105191064
SN - 2154-4611
VL - 9
JO - Asian Journal of Law and Economics
JF - Asian Journal of Law and Economics
IS - 1
M1 - 20170029
ER -