Criminal System Against Corporation in Corporate Crime Based on Justice

Abstract

Provisions regarding the punishment of corporations are not regulated in the
Criminal Code, but are contained in several special laws and regulations and the National
Criminal Code, namely Law Number 1 of 2023. The corporation itself has a very important
role in today's modern era, because the importance of corporations makes the
administrators end up using all means to get profits and commit criminal acts. As a result of
criminal acts committed by the administrators resulting in losses to the community.
Corporations in special laws and the national Criminal Code have designated corporations
as criminal subjects. The problem in this article is how the system of punishment against
corporations in corporate crime is based on justice and how the system of punishment
against corporations in various countries. This research is a normative research by
approaching laws and regulations, analysis and legal comparison. From the discussion, it
can be concluded that corporations can be subject to criminal law in several laws and
regulations outside the Criminal Code which are included in special crimes and in the
national Criminal Code The corporate legal responsibility system is divided into:
management as maker and as person in charge, corporation as maker and responsible
manager, corporation as maker and as person in charge and manager and corporation as
non-criminal offender and Both are responsible