CRIMINAL REGULATION URGENCY AND LIABILITY REGULATION OF STATE-OWNED ENTERPRISES FOR LOSSES IN CONTROLLING BUSINESS DECISIONS

Abstract

One of the crimes than can be committed by corporates is corruption. This is done to get greater convenience, profit, and benefits. So, it can make the costs and capital efficient for the labor, time, place, and funds. The ultimate goal is the corporates, groups or individuals will bet more income than those without committing the criminal act of corruption. Certainly, this will harm the country, the environment and society. This should not be allowed to happen so that it is appropriate that criminal acts should be given to the corporation that have committed these violations. Article 20 paragraph (1) of Corruption Crime Law states that in the case of criminal act of corruption by or on behalf of a corporation, the charges and convictions can be made against the corporation and/ or its management. Meanwhile, Article 20 Paragraph (2) states that a criminal act of corruption is committed by a corporation if the criminal act is committed by people, either on the basis of a work relationship or on the basis of other relationships, acting within the corporate environment either individually or collectively. This research is legal research, discussing on doctrines and principles in legal science. The main problem examined is the legal settlement and legal sanctions for corporate actions in committing corporate crimes, especially in state-owned enterprises. The purpose of this research is to analyse the laws and regulations on the settlement of criminal cases in the criminal justice system in Indonesia.

Keywords

• corporate crimes;
• corruption;
• state owned enterprises;