PENERAPAN TINDAK TERHADAP KORPORASI DIHUBUNGKAN DENGAN KUHP BARU

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Berlian Marpaung

Abstract

Various special laws that carry criminal sanctions in Indonesia have adopted corporations as perpetrators of criminal acts. Corporations that commit criminal acts are threatened with basic criminal sanctions and additional criminal sanctions, and may even have to pay compensation because they are sued by parties who file civil lawsuits, both ordinary civil lawsuits and class actions. In the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (New Criminal Code), which 


was ratified and promulgated on January 2 2023 in Jakarta and comes into force after 3 (three) years from the date of promulgation, has included corporations as perpetrators of criminal acts.


The method used is normative juridical supported by empirical juridical. The emphasis of this research is by referring to the Special Code of Criminal Law (Old Criminal Code) as material, with its equivalent to the Criminal Procedure Code (KUHAP) as formal, complemented by statutory provisions that carry criminal sanctions. (special criminal acts), for the reason that the problem studied as an object is the relationship between one regulation and another and its application.


The results of the research show that corporations can be held criminally responsible, namely against the management, but first it is proven that the criminal act according to the special law was violated, then it is related to corporate interests, in which case the sanctions that can be imposed are fines and administration, in addition to the main crime in the specific law that was violated separately. Regarding its implementation, according to the special law that carries criminal sanctions, it is in line with the criminal acts in the New Criminal Code, especially in terms of the sanctions available.


 

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