Criminal Acts Eradication Of Corruption In Corporates In Indonesia

Abstract

<span lang="EN-US">Crime is a social phenomenon that is always faced by every society in this life. The existence of crime is alarming; it is also considered to disturb order and peace in society. Crime will continue to grow following changes and developments in society. The mode continues to change from the conventional to the modern. One example of a modern crime that we need to anticipate is corruption committed by corporations. Many corporate cases are suspected of having committed a criminal act. However, no legal process has been carried out, such as the case for the construction of the Meikarta megaproject in Bekasi district, the licensing case in Subang district, the case of the construction of the Bandung tempest in the sea of </span><span lang="EN-US">fire in the city of Bandung, the sale of assets at PT Dirgantara Indonesia. As well as the case of social assistance for purchasing drugs for Covid 19 in West Bandung Regency. The identification of the problems in this research is whether corporations can be held criminally responsible when committing corruption crimes, what factors cause corporations to commit corruption crimes and the barriers to law enforcement processing corporations that have committed corruption crimes. The problems in this paper are whether corporations can be held criminally responsible when committing criminal acts of corruption? What factors cause corporations to commit criminal acts of corruption? What obstacles are law enforcement officers encountering in processing corporations that have committed corruption crimes? The research method used in this research is empirical juridical, namely legal research regarding the enforcement or implementation of normative legal provisions in action on every particular legal event in society. The results of the analysis conclude that corporations that commit criminal acts of corruption can be held criminally responsible by the doctrine and Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption Articles 1, 2 and 3 from a formal legal standpoint. Regulated in the Supreme Court Regulation Number 13 of 2016. The factors that cause corporations to commit criminal acts of corruption are the political system, the culture of business actors, the culture of state officials, both executive, legislative and judicial, low legal awareness, intense competition between one corporation with other corporations. Barriers to law enforcement officials in processing corporations that have committed criminal acts of corruption are regarding the application of criminal sanctions against corporations that commit corruption crimes, in addition to corporate responsibility and personal responsibility. If a director is declared a defendant, it is necessary to pay attention to whether the mistake made by the director is a criminal act as a person or a criminal act committed by a corporation and the problem of proof.</span>