Pertanggungjawaban Pidana terhadap Korporasi dalam Tindak Pidana Korupsi (Studi Putusan Pengadilan No.2112/PID.B/2009/PN.MDN)

Abstract

Many things in our lives are influenced by the corporation, if the positive effects would not need to worry, but just a lot of these effects are harmful to individuals and society at large. KUHP as a legal basis in criminal law simply states that a criminal act can be performed by an individual (naturlijke Person) instead of the corporation. This raises the growth of a variety of legislation including the Criminal Code provisions outside of the Law of the Republic of Indonesia No. 31 Year 1999 on Combating Criminal Acts of Corruption that recognizes the position of the corporation as the subject of criminal law and can be requested the responsibility. Research on the regulation of corporate criminal liability in criminal acts of corruption (Study No. verdict. 2121/PID.B/2009/PN.MDN) is a normative juridical research is qualitative. The research method juridical normative research adalahmetode subject to legal norms contained in the legislation. Source of research data used are the primary legal materials, legal materials and secondary sources of legal materials tertiary. The data collection is done by technical literature (library research). Juridical normative study was conducted with the aim to find out how the criminal liability of corporations in criminal acts of corruption. Based on research that is done then the conclusion that the Law of the Republic of Indonesia No.. 31 Year 1999 on Combating Criminal Acts of Corruption was set up on corporate criminal liability but in practice very rare and difficult to apply the criminal liability of corporations, especially if the crime is non-statutory body tend to put deed administrators to personal liability, although the Law of the Republic of Indonesia No.. 31 Year 1999 on Combating Criminal Acts of Corruption Act jo Republic of Indonesia No. 20 of 2001 concerning amendments to the Law of the Republic of Indonesia No. 31 Year 1999 on Combating Criminal Acts of Corruption is formulated Corporations are legal entities and non-legal entity but it is not decisive, because the different nature of accountability between legal and non legal entity, needs to be clearly formulated in the formulation of the Law on corruption in the future.