Legislative policy on the regulation of corporations as the subject of crimes

Abstract

Purpose The purpose of this paper is to examine the criteria of the provision on the corporation as the subject of crimes regulated in criminal legislation outside Indonesian Penal Code (KUHP) in the past five years. The criteria will be used to explore the construction of corporate criminal responsibility. Design/methodology/approach The method of the research is normative-legal study using the library research. The method of the examination is a qualitative-description. The data used are secondary data, including legislations, books, journals and other materials. Findings It is found that in the past five years, there are 25 criminal legislations outside KUHP which have the provision on corporation as the subject of crimes. In those 25 legislations, only four legislations which have the criteria of corporate criminal responsibility. In those legislation, it can be concluded that the construction of corporate criminal responsibility is based on identification and aggregation theory. Originality/value This research is novel in Indonesia. This research examines the specific articles of several legislations to deeply describe the corporate criminal responsibility.