This study analyzes the corporate crime perspective and directors’ liability in the LNG procurement case at Pertamina as a State-Owned Enterprise (SOE). The research aims to examine how the elements of corporate crime are constructed, how directors’ actions are assessed within the framework of fiduciary duty and the business judgment rule, and what legal implications arise for corporate accountability in SOEs. The study employs a normative juridical method using a case approach, statute approach, and conceptual approach. Primary data consist of court documents, statutes, and regulatory frameworks, while secondary data are obtained from academic journals, institutional reports, and credible publications. The findings reveal that distinguishing legitimate business risk from abuse of authority is central to determining corporate criminal liability, particularly when decisions intersect with state finances and public interests. The analysis further indicates that SOE directors carry dual obligations: to ensure effective corporate governance while at the same time facing heightened exposure to criminal liability when losses are associated with state assets. This study contributes by clarifying how legal assessments should balance accountability with the protection of reasonable managerial discretion. The implications highlight the need for clearer decision-making standards, stronger governance mechanisms, and better alignment between corporate law and anti-corruption frameworks in order to promote legal certainty without discouraging prudent business judgment.

The Bank Indonesia Liquidity Assistance (BLBI) case represents one of the most significant corporate crime cases in Indonesia’s banking history, revealing complex interactions between regulatory weaknesses, corporate misconduct, and state financial losses. This study examines corporate crime in the BLBI case through a juridical analysis focusing on deviations in fund utilization, legal accountability mechanisms, and their impact on state finances. The findings indicate that the misuse of BLBI funds was facilitated by inadequate banking supervision, weak corporate governance, and ineffective enforcement of prudential principles during the financial crisis. Although Indonesian law provides a framework for corporate criminal liability and asset recovery, practical implementation has faced substantial legal and institutional challenges. The BLBI case has caused not only massive financial losses to the state but also long-term consequences for public trust in the banking system and legal institutions. Therefore, strengthening legal accountability, enhancing transparency, and reforming banking supervision are essential measures to prevent similar corporate crimes and to safeguard state financial interests in the future.

Abstract In Germany, whistleblowing was only regulated and institutionalized after a long, tough political debate. This transpired solely due to the country’s obligation to comply with EU law and its legal obligation to implement EU Directive 2019/1937. As a result, structures were created to stimulate external whistleblowing and to use these new mechanisms as a central instrument of corporate control. The extent to which this concept is being realized in practice is the subject of the present article. A thorough examination of the reports received by the central German reporting body shows that only few corporate crimes have been detected and sanctioned through external whistleblowing so far. Limited willingness to report, competition with internal reporting systems, as well as intensive protection of the confidentiality of whistleblowers, are some of the main reasons for this situation as suggested by the present study. Consequently, legal policy expectations towards external whistleblowing should be adapted.

Board composition, private sector development, and corporate crime: Evidence from China

The principle of Geen Straf Zonder Schuld faces a paradox when applied to corporations, which, as a legal fiction, have no mens rea. However, the profound impact of corporate crime demands an effective mechanism for criminal accountability. This normative juridical research examines the relevance of the principle of Guilt in Indonesian corporate criminal Law through legislative, conceptual, and case-based approaches. The first findings show that, before the New Criminal Code, the application of the principle of Guilt was pragmatic through the Theory of Identification, which attributed the corporation's mens rea to the management or directing mind. This approach is supported by PERMA No. 13 of 2016 and is evident in decisions such as PT GJW and PT CND. The second finding shows the evolution of the doctrine in two directions: (a) the exclusion of the principle of culld through strict Liability in various lex specialis, especially the Law on Environmental Protection and Management; and (b) the transformation of the meaning of debt through the Corporate Culture Model, which views blame as the failure of the system or organizational culture to prevent crime. The culmination is the codification of the Corporate Culture Model in the New Criminal Code (Law No. 1 of 2023), which marks a shift from treating mistakes as lending errors to treating them as authentic corporate mistakes.

Contemporary criminal law paradigm transformation directs towards restorative approaches prioritizing rehabilitation and social accountability over retribution. In corporate criminal offenses, restorative justice implementation becomes urgent considering legal entities bear socio-economic responsibilities to the public. This research examines restorative justice implementation through dual-track system in handling corporate crimes in Indonesia. Dual-track system integrates penal and non-penal tracks simultaneously to achieve equilibrium between sanctions and restoration. Normative juridical research method with conceptual and statute approaches analyzes regulations including Limited Liability Company Law, Anti-Corruption Law, and corporate law enforcement policies. Research findings demonstrate corporate law enforcement insufficiently relies solely on criminal sanctions, but must integrate victim restoration, governance reform, and good corporate governance implementation. Dual-track system enables proportional law enforcement where criminal sanctions function as deterrents while non-penal mechanisms facilitate systemic improvements and recidivism prevention. This study concludes restorative justice through dual-track system represents corporate criminal law modernization adaptive to corporation-state-society relational complexities, directing future law enforcement orientation toward legal certainty, substantive justice, and social utility synergy for sustainable legal systems. Keywords: restorative justice, dual-track system, corporate crime, restoration, modern criminal law

Criminal law reform in Indonesia marks a significant shift from the old Penal Code (KUHP) to the new KUHP, aimed at strengthening law enforcement, ensuring legal certainty, and protecting human rights (HR). This reform reflects the necessity of a modern criminal justice system that is responsive to democratic demands and oriented towards substantive justice. One of the main aspects of the reform is the emphasis on progressive legal principles, including the protection of human rights during law enforcement processes and recognition of victims' rights. The new KUHP introduces more diversified punishment mechanisms, alternative criminal resolutions, and clearer provisions regarding criminal liability, including for corporate crimes. The reform underscores the importance of balancing state interests with individual protection within the criminal justice system. Thus, law enforcement focuses not only on repressive aspects but also on preventive, restorative, and rehabilitative measures. This study highlights the transformation of criminal norms, changes in legal structures, and the practical impact of the new KUHP on law enforcement practices in Indonesia. The analysis employs normative and descriptive juridical approaches, examining amended, deleted, or added articles and their implications for criminal justice institutions, including the police, prosecutors, courts, and correctional facilities. The results indicate that KUHP reform not only updates legal norms but also shifts the paradigm of law enforcement towards a more humane and democratic approach. Implementation challenges, such as law enforcement capacity, public awareness, and harmonization with other regulations, are crucial factors determining the effectiveness of this reform. In conclusion, the new KUHP represents a significant milestone in establishing a fair, transparent criminal law system oriented towards human rights protection, while simultaneously strengthening the legitimacy of law enforcement in Indonesia.

The SK Group Scandal and Systemic Corporate Crime: Structural, Institutional, and Cultural Logics in South Korea’s Chaebol System

This research examines corporate criminal liability under Law No. 1 of 2023 on the Indonesian Penal Code (KUHP) and the urgency of its reconstruction in light of modern corporate crime complexities. Although KUHP 2023 formally recognizes corporations as subjects of criminal law and prescribes applicable sanctions, it lacks specific norms on proving corporate mens rea and the legal relationship between the KUHP and existing sectoral laws (lex specialis). Using a normative legal approach and comparative study of Dutch and United States systems, this article argues that Indonesia’s criminal law remains rooted in an individualistic paradigm, which inadequately accommodates institutional liability concepts such as corporate culture liability and organizational fault. The analysis also highlights inconsistencies between the KUHP’s fault-based liability approach and strict liability mechanisms recognized in environmental and consumer protection laws. Drawing from international models, including principles set forth in the UNCAC and OECD recommendations, the article proposes a reconstruction of corporate liability norms—reformulating corporate mens rea, clarifying the relationship between KUHP and lex specialis, and integrating collective proof mechanisms. These reforms are necessary to establish a more adaptive, integrated, and responsive framework for corporate criminal liability, particularly in addressing transnational economic crimes in the digital era and across strategic sectors.

The silence within the criminological community on the genocide of Palestinian people in Gaza, and the ongoing apartheid, land dispossession and other human rights abuses of Palestinians in the Occupied Territory of East Jerusalem and the West Bank, and in Israel, is pronounced. This article sets out to unpack why these events should be seen as core to the work we undertake within the discipline. The article argues that the events in Palestine (including Gaza and the Occupied Territory) cut across many matters of widespread importance to criminology including, child protection, corporate crime, disability justice, discrimination and violence against women; ecocide and environmental criminology; global criminology; human rights; Indigenous knowledges and justice; green criminology; media; policing; settler colonialism and coloniality; state crime; teaching and research in criminology; war crimes and youth justice. It is also argued that there are strong ethical values underpinning the urgency of taking a committed position, including a responsibility to oppose genocide and apartheid, to uphold the values of preserving human life in various cultural forms and the non-human environment that sustains life, and opposition to racism, discrimination and oppression in all its manifestations.

Abstract The doctrine of mistake in criminal law presents a paradox between the principle of ignorantia juris non excusat (ignorance of the law is no excuse) and the concept of mens rea (guilty mind). This paper critically examines how the classic refusal of the mistake of law defense has become a tool of inequality, particularly in the realm of white-collar and corporate crime. Defendants in these areas can exploit the unclear nature of rules or claim selective ignorance to escape liability, while the less privileged are denied the same opportunity. The paper employs a doctrinal and comparative methodology, analyzing the development of the mistake defense, judicial interpretations, and the codification of statutes, including the Bhartiya Nyaya Sanhita (BNS), 2023. The views of scholars such as Simons and Hamdani are considered to elaborate on the philosophical and moral issues surrounding culpability and ignorance. The paper argues that the law's failure to distinguish between reasonable and willful blindness contributes to the inadequacy of the justice system, allowing individuals of privilege to use ignorance as a strategy to avoid accountability. Ultimately, the research proposes a selective and reasonableness-based remedy, suggesting that courts make objective decisions considering the accused's capacity, knowledge availability, and intention. This approach aims to prevent the misuse of the mistake defense as a loophole for the guilty while ensuring genuine justice within the current legal system. Keywords: Mistake in Criminal Law, Ignorantia Juris Non Excusat, Mens Rea, White-collar Crime, Corporate Crime, Willful Blindness, Mistake of Law, Bhartiya Nyaya Sanhita (BNS).

In the development of the modern justice system, criminalization of corporations has undergone significant changes, one of which is through the Deferred Prosecution Agreement (DPA) approach. This approach reflects a paradigm shift in criminal law enforcement involving three principles of justice: corrective justice, which focuses on the perpetrator; rehabilitative justice, which emphasizes the role of the victim; and restorative justice, which promotes the restoration of relations between the two parties. This research uses normative juridical methods and empirical studies, focusing on anti-corruption handling and asset recovery. The findings of the study show that the DPA provides an opportunity for the prosecution of the corporation to be suspended. Through this concept, lawsuits can be replaced with other forms of liability that are in accordance with the regulations that govern the reimbursement of claims. From an academic perspective, this study aims to formulate a model of the mechanism for preventing corruption crimes by corporations by utilizing DPA. This is expected to be part of legal reform in recovering state losses arising from corporate crimes.

This study presents a comprehensive bibliometric analysis of the research landscape surrounding Workplace Criminal Behaviour (WCB), examining its evolution over time. By focusing on thematic areas, research trends, and patterns of scholarly output, the study offers a systematic overview of scientific contributions in this field. A total of 767 peer-reviewed publications were retrieved from the scientific database and analyzed using bibliometric techniques. The findings indicate that scholarly interest in WCB began to gain momentum in 1989, marking a significant turning point in the field. The analysis also highlights the most prominent institutions, journals, and influential scholars contributing to the field. Keyword mapping revealed closely related areas of inquiry, including white-collar crime, workplace theft, and corporate crime, reflecting the multidimensional nature of WCB research. This study offers a valuable resource for emerging scholars, outlining key areas of focus, frequently used methodologies, high-impact publication outlets, and potential collaborators. By mapping the intellectual structure of the field, the findings contribute to shaping future research directions and fostering more targeted and impactful scholarly efforts in workplace criminal behaviour.

Corporate crime in European emerging markets

Abstract Based on the rational choice paradigm, and on the notion of experience goods, this research analyses the models of organisational, management and control (MOMC) introduced by companies to meet Legislative Decree No. 231/2001, an Italian legislation aimed to prevent corporate crimes. Built upon the literature concerning corporate governance (CG) quality, and on the analysis of regulations, guidelines, and judgments of the courts, this study aims to define which parameters can be considered more relevant for determining the expected quality of MOMCs. This research also verifies the degree of transparency within the football sector (a sector particularly affected by recent scandals), about the tools adopted to prevent corporate crimes. This study analyses the MOMCs of Italian football clubs that have uninterruptedly played in the major league (Serie A) since the sports season of 2013/2014—the year of compulsory adoption of the MOMC—to the sports season of 2021/2022, the year of analysis, evidencing that the degree of transparency is very low and that it is difficult for stakeholders to assess the expected quality of these MOMCs. This study contributes to the theoretical debate, expanding the application of CG quality frameworks to this specific CG and control tool and may also help policymakers in determining whether and how to enhance regulation, particularly with regard to the transparency about the parameters that can be more relevant to improve the quality of MOMCs aimed to prevent corporate crimes.

Crimversations: "When Business Breaks the Rules: The Value of a Criminology-Informed 'Organizational' Perspective for the Regulation of White-Collar and Corporate Crimes"

When Business Breaks the Rules: The Value of a Criminology-Informed “Organizational” Perspective for the Regulation of White-Collar and Corporate Crimes

ABSTRACT During COVID-19, U.S. meatpacking plants were deemed “essential critical infrastructure” under the Defense Production Act of 1950. Workers’ health suffered, due to intersecting variables, including company negligence, limited state intervention, and pre-existing issues associated with corporate consolidation and production. We examine the political-economic roots of harms experienced by meatpacking workers during the pandemic. What institutional, structural, and sociopolitical factors shaped federal meatpacking policymaking and regulatory oversight during COVID-19? Drawing on interview data, content analysis, and critical policy ethnography, we assess intersections between state-facilitated corporate crime and the influence of agribusiness on policymaking processes. We explore barriers that bureaucrats and officials faced in creating and enforcing worker protections during the pandemic, including limited resources, political pressure, and dominant neoliberal norms that prioritized economic growth over regulation. Our findings provide a deeper understanding of how mechanisms related to state policy, corporate practices, and regulatory enforcement structured state-facilitated corporate crime and subsequent harm.

The Role of Standards and Values in Corporate Crime Prevention

This exploratory study examines the representation of white collar and corporate crime in Jamaican undergraduate criminology and criminal justice curricula. Guided by two research questions, it investigates the extent of white collar and corporate crime coverage and identifies curricular gaps. Using document analysis of course catalogs and program descriptions from nine associate and bachelor’s programs, findings reveal that white collar and corporate crime content is generally underrepresented. Where present, it appears in required courses—most often within “Technology-Based Crime” classes at the associate level, and as a standalone white collar crime course in one bachelor’s program. Associate programs were more likely than bachelor’s programs to include white collar and corporate crime topics. Critical areas such as environmental crime, elite corruption, and non-technological corporate misconduct were rarely addressed. The study calls for expanded white collar and corporate crime coverage, greater inclusion of Caribbean perspectives in global criminological discourse, and further research through comparative analysis and stakeholder engagement.