Reconstruction of Liability for Corruption Involving Corporations Based on the Justice Value

Abstract

The formulation of the problem in this study is what are the weaknesses of the accountability for criminal acts of corruption involving corporations in Indonesia Currently and How is the reconstruction of the accountability for criminal acts of corruption involving corporations in Indonesia based on the justice value in a Sociological-Juridical Type of Research where the researcher's primary data refers to data or facts and legal cases that are obtained directly through research in the field, including information from respondents related to the object of research and practices that can be seen and related to the object of research. Secondary data is done by means of literature study. Secondary data in this study include: Primary legal materials, which consist of: 1945 Constitution of the Republic of Indonesia, Law No. 2 of 2011 concerning Amendments to Law No. 2 of 2008 concerning Political Parties. The results of the study shows that the weakness of accountability for criminal acts of corruption involving corporations is from the aspect of legal substance, that the purpose of punishment in the Criminal Code has not been properly implemented in corporations. Weaknesses from the aspect of legal structure, that there is no synergy between law enforcers so that they are no longer fragmented, and weaknesses from aspects of legal culture, including the low loyalty of the law enforcement officers in carrying out and carrying out state duties, behavior patterns and professionalism. Apparatus is one of the main problems that must be studied for reform and become a solution in the enforcement of integral corporate criminal responsibility. Therefore the Reconstruction of accountability for criminal acts of corruption involving corporations based on the value of justice is in Article 15 and Article 20 paragraph 8 of Law Number 20 of 2001.