The Meaning of Corporate Oversight of State-Owned Enterprises as Condition of Criminal Liability

Abstract

Indonesian Reform aims to eradicate corruption, collusion and nepotism in order to achieve a sense of public justice and a sense of peace that can be accounted for through legal arrangements so as to achieve a sense of justice, legal certainty and benefit for the society. One of the goals of the reform is to eradicate corruption with the enactment of Law No. 31/1999 jo. Law Number 20 of 2001 concerning Eradication of Corruption Crime. The goal in eradicating corruption in Indonesia is to restore financial losses to the state and the country's economy. At last, the Law on the Enforcement of Criminal Actions of Corruption is based on the fact that corruption is considered as an extraordinary crime, because corruption is not only a crime that harms state’s treasure, but also can have impact on all development programs, threatening education quality, threatening development quality, falling quality of education, and poverty is not handled. If state money is corrupted, then programs to implement the state’s goals will not working and results in the state’s failure. In criminal law, there are two legal subjects, namely person and corporation. Humans here are said to have legal subjects because they have rights and obligations. Likewise with a corporation which is a business entity, both legal and non-legal entity which also has separate rights and obligations. Article 20 of the Law of the Republic of Indonesia Number 31 of 2009 states that if corruption is committed by or on behalf of a corporation, criminal prosecution or conviction can be made against the corporation and/or its management. The main punishment that can be imposed against a corporation is a fine with the maximum penalty being added by one third of the maximum penalty. In addition to fines, additional penalties may be imposed in the form of freezing part or all of the corporate’s business activities, revocation of business licenses, dissolving and/or prohibiting the corporation, confiscation of corporate assets for the state, and/or takeover of the corporation by the state. This research is a legal research. It studies legal principles and legal norms in the laws and regulations related to corruption and corporations, by applying statutory approach, conceptual approach, and comparative approach.