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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Agus Sahbani
Supreme Court Building. Photo by: RES
The Supreme Court is currently preparing a Regulation to formulate proper procedural law and trial proceedings for corporate crimes due to the fact that the prosecution criminal offence committed by company Indonesia is far from effective.
Justice M. Hatta Ali, the Chief Justice of the Supreme Court, asserted in a press conference held on Thursday, 30 July 2016, that many corporate crime cases fail to be heard before the court despite there are number of legal frameworks regulating this matter. Thus, continued Mr. Ali, the Supreme Court has been formulating the so-called Supreme Court Regulation on Corporate Crimes for the past few months.
“The deliberation process of the Regulation involves relevant stakeholders, comprised of government institutions, and also judges from first instance and second instance courts, specifically those who has the experience in hearing corporate crime case. We need to understand the way of courts in handling corporate crimes.” Mr. Ali asserted.
Justice Artidjo Alkostar, the Chairman of Criminal Case Chamber at the Supreme Court, who was also present at the press conference, ventured an opinion as regards this matter. Mr. Alkostar revealed the result of his meeting with the Ministry of Marine Affairs and Fisheries which shows that corporations as a legal entity appears to be ‘above the law’. Indeed, despite the existence of some 70 prevailing laws incriminating corporations for engaging in illegal fishing, illegal logging, forest fire crime, corruption or money laundering, only a small number of such cases ever ended in trial.
Mr. Alkostar further asserted that the main obstacles lie with the investigation process and the formulation of corporate crime indictment (surat dakwaan) as each each prevailing law defines perpetrators of corporate crimes differently from the other.
Due to the above situation, public prosecutor is having a hard time to formulate and draw up an indictment for any alleged corporate crime, and thus became reluctant to file such indictment to the court. Indeed, Mr. Alkostar admits that there are no applicable guidelines which public prosecutors can rely on to formulate corporate crime indictment, even in the Indonesian Criminal Procedural Law (KUHAP).
Mr. Alkostar further asserted that in this situation, the Supreme Court and other court cannot take proactive measures because the trial of any criminal case can only be heard after the public prosecutor filed an indictment to the court. This is also the main reason as to why the Supreme Court decided to cooperate with various stakeholders such as the National Police, the State Attorney, the Corruption Eradication Commission (KPK), and the Financial Transaction Report and Analysis Center (PPATK), in a bid to formulate this Supreme Court Regulation.
“This Supreme Court Regulation is planned to be issued immediately,” asserted Mr. Alkostar.
Previously, the KPK has also revealed the Supreme Court’s plan to issue a new regulation which will serve as a technical guideline for prosecuting company on March 2016. At that time, the Supreme Court has invited the Head of the KPK and the Deputy Attorney General for Special Criminal Cases.
It is hoped that the issuance of this Supreme Court Regulation will provide legal enforcement officers with a definitive standard guideline which enable them to prosecute corporations as perpetrators of corporate crimes, including for corruption allegations. This will ultimately increase the return of state loss from these type of corporate crimes.
Justice M. Hatta Ali, the Chief Justice of the Supreme Court, asserted in a press conference held on Thursday, 30 July 2016, that many corporate crime cases fail to be heard before the court despite there are number of legal frameworks regulating this matter. Thus, continued Mr. Ali, the Supreme Court has been formulating the so-called Supreme Court Regulation on Corporate Crimes for the past few months.
“The deliberation process of the Regulation involves relevant stakeholders, comprised of government institutions, and also judges from first instance and second instance courts, specifically those who has the experience in hearing corporate crime case. We need to understand the way of courts in handling corporate crimes.” Mr. Ali asserted.
Justice Artidjo Alkostar, the Chairman of Criminal Case Chamber at the Supreme Court, who was also present at the press conference, ventured an opinion as regards this matter. Mr. Alkostar revealed the result of his meeting with the Ministry of Marine Affairs and Fisheries which shows that corporations as a legal entity appears to be ‘above the law’. Indeed, despite the existence of some 70 prevailing laws incriminating corporations for engaging in illegal fishing, illegal logging, forest fire crime, corruption or money laundering, only a small number of such cases ever ended in trial.
Mr. Alkostar further asserted that the main obstacles lie with the investigation process and the formulation of corporate crime indictment (surat dakwaan) as each each prevailing law defines perpetrators of corporate crimes differently from the other.
Due to the above situation, public prosecutor is having a hard time to formulate and draw up an indictment for any alleged corporate crime, and thus became reluctant to file such indictment to the court. Indeed, Mr. Alkostar admits that there are no applicable guidelines which public prosecutors can rely on to formulate corporate crime indictment, even in the Indonesian Criminal Procedural Law (KUHAP).
Mr. Alkostar further asserted that in this situation, the Supreme Court and other court cannot take proactive measures because the trial of any criminal case can only be heard after the public prosecutor filed an indictment to the court. This is also the main reason as to why the Supreme Court decided to cooperate with various stakeholders such as the National Police, the State Attorney, the Corruption Eradication Commission (KPK), and the Financial Transaction Report and Analysis Center (PPATK), in a bid to formulate this Supreme Court Regulation.
“This Supreme Court Regulation is planned to be issued immediately,” asserted Mr. Alkostar.
Previously, the KPK has also revealed the Supreme Court’s plan to issue a new regulation which will serve as a technical guideline for prosecuting company on March 2016. At that time, the Supreme Court has invited the Head of the KPK and the Deputy Attorney General for Special Criminal Cases.
It is hoped that the issuance of this Supreme Court Regulation will provide legal enforcement officers with a definitive standard guideline which enable them to prosecute corporations as perpetrators of corporate crimes, including for corruption allegations. This will ultimately increase the return of state loss from these type of corporate crimes.
(rfs)
Marcell Sihombing, Agus Sahbani
Supreme Court Building. Photo by: RES
The Supreme Court is currently preparing a Regulation to formulate proper procedural law and trial proceedings for corporate crimes due to the fact that the prosecution criminal offence committed by company Indonesia is far from effective.
Justice M. Hatta Ali, the Chief Justice of the Supreme Court, asserted in a press conference held on Thursday, 30 July 2016, that many corporate crime cases fail to be heard before the court despite there are number of legal frameworks regulating this matter. Thus, continued Mr. Ali, the Supreme Court has been formulating the so-called Supreme Court Regulation on Corporate Crimes for the past few months.
“The deliberation process of the Regulation involves relevant stakeholders, comprised of government institutions, and also judges from first instance and second instance courts, specifically those who has the experience in hearing corporate crime case. We need to understand the way of courts in handling corporate crimes.” Mr. Ali asserted.
Justice Artidjo Alkostar, the Chairman of Criminal Case Chamber at the Supreme Court, who was also present at the press conference, ventured an opinion as regards this matter. Mr. Alkostar revealed the result of his meeting with the Ministry of Marine Affairs and Fisheries which shows that corporations as a legal entity appears to be ‘above the law’. Indeed, despite the existence of some 70 prevailing laws incriminating corporations for engaging in illegal fishing, illegal logging, forest fire crime, corruption or money laundering, only a small number of such cases ever ended in trial.
Mr. Alkostar further asserted that the main obstacles lie with the investigation process and the formulation of corporate crime indictment (surat dakwaan) as each each prevailing law defines perpetrators of corporate crimes differently from the other.
Due to the above situation, public prosecutor is having a hard time to formulate and draw up an indictment for any alleged corporate crime, and thus became reluctant to file such indictment to the court. Indeed, Mr. Alkostar admits that there are no applicable guidelines which public prosecutors can rely on to formulate corporate crime indictment, even in the Indonesian Criminal Procedural Law (KUHAP).
Mr. Alkostar further asserted that in this situation, the Supreme Court and other court cannot take proactive measures because the trial of any criminal case can only be heard after the public prosecutor filed an indictment to the court. This is also the main reason as to why the Supreme Court decided to cooperate with various stakeholders such as the National Police, the State Attorney, the Corruption Eradication Commission (KPK), and the Financial Transaction Report and Analysis Center (PPATK), in a bid to formulate this Supreme Court Regulation.
“This Supreme Court Regulation is planned to be issued immediately,” asserted Mr. Alkostar.
Previously, the KPK has also revealed the Supreme Court’s plan to issue a new regulation which will serve as a technical guideline for prosecuting company on March 2016. At that time, the Supreme Court has invited the Head of the KPK and the Deputy Attorney General for Special Criminal Cases.
It is hoped that the issuance of this Supreme Court Regulation will provide legal enforcement officers with a definitive standard guideline which enable them to prosecute corporations as perpetrators of corporate crimes, including for corruption allegations. This will ultimately increase the return of state loss from these type of corporate crimes.
Justice M. Hatta Ali, the Chief Justice of the Supreme Court, asserted in a press conference held on Thursday, 30 July 2016, that many corporate crime cases fail to be heard before the court despite there are number of legal frameworks regulating this matter. Thus, continued Mr. Ali, the Supreme Court has been formulating the so-called Supreme Court Regulation on Corporate Crimes for the past few months.
“The deliberation process of the Regulation involves relevant stakeholders, comprised of government institutions, and also judges from first instance and second instance courts, specifically those who has the experience in hearing corporate crime case. We need to understand the way of courts in handling corporate crimes.” Mr. Ali asserted.
Justice Artidjo Alkostar, the Chairman of Criminal Case Chamber at the Supreme Court, who was also present at the press conference, ventured an opinion as regards this matter. Mr. Alkostar revealed the result of his meeting with the Ministry of Marine Affairs and Fisheries which shows that corporations as a legal entity appears to be ‘above the law’. Indeed, despite the existence of some 70 prevailing laws incriminating corporations for engaging in illegal fishing, illegal logging, forest fire crime, corruption or money laundering, only a small number of such cases ever ended in trial.
Mr. Alkostar further asserted that the main obstacles lie with the investigation process and the formulation of corporate crime indictment (surat dakwaan) as each each prevailing law defines perpetrators of corporate crimes differently from the other.
Due to the above situation, public prosecutor is having a hard time to formulate and draw up an indictment for any alleged corporate crime, and thus became reluctant to file such indictment to the court. Indeed, Mr. Alkostar admits that there are no applicable guidelines which public prosecutors can rely on to formulate corporate crime indictment, even in the Indonesian Criminal Procedural Law (KUHAP).
Mr. Alkostar further asserted that in this situation, the Supreme Court and other court cannot take proactive measures because the trial of any criminal case can only be heard after the public prosecutor filed an indictment to the court. This is also the main reason as to why the Supreme Court decided to cooperate with various stakeholders such as the National Police, the State Attorney, the Corruption Eradication Commission (KPK), and the Financial Transaction Report and Analysis Center (PPATK), in a bid to formulate this Supreme Court Regulation.
“This Supreme Court Regulation is planned to be issued immediately,” asserted Mr. Alkostar.
Previously, the KPK has also revealed the Supreme Court’s plan to issue a new regulation which will serve as a technical guideline for prosecuting company on March 2016. At that time, the Supreme Court has invited the Head of the KPK and the Deputy Attorney General for Special Criminal Cases.
It is hoped that the issuance of this Supreme Court Regulation will provide legal enforcement officers with a definitive standard guideline which enable them to prosecute corporations as perpetrators of corporate crimes, including for corruption allegations. This will ultimately increase the return of state loss from these type of corporate crimes.
(rfs)