Ada Pertanyaan? Hubungi Kami 
2026 Hak Cipta Milik Hukumonline.com
Produk Pilihan
Ada Pertanyaan? Hubungi Kami Ricky Pratomo, ANT/Mohamad Agus Yozami
Photo by: RES.
Over the past few months, the Supreme Court has been preparing a regulation on criminal procedural law for crimes which are carried out by corporations. During this process, the Supreme Court is cooperating with several other stakeholders, including the Corruption Eradication Commission (Komisi Pemberantasan Korupsi – “KPK”).
The KPK itself is hoping that any such resulting regulation will also apply to State-Owned Enterprises (Badan Usaha Milik Negara – “BUMN”) as well as Regionally Owned Enterprises (Badan Usaha Milik Daerah – “BUMD”). Alexander Marwata, the KPK’s Deputy Chief, stated recently that BUMNs and BUMDs should be held liable for any criminal activities which are discovered, despite the fact that their shares are fully-owned by the state.
Furthermore, Mr. Marwata explained that BUMNs and BUMDs are highly prone to bribery cases, including the mark-up of project budgets when cooperation agreements are entered into with private parties. According to KPK data, at least 80% of corruption cases in Indonesia take place within the business sector, specifically within the private sector. Moreover, 90% of these occur in regional areas and involve the procurement of goods and services.
Expected to be finalized by the end of this year, the currently under-discussion Supreme Court regulation is predicted to become a more effective deterrent, as the sanctions that it sets out will not only be imposed upon individual company employees but also upon companies themselves. Currently, the KPK is reviewing the amounts of the fines that will eventually be imposed upon any companies which are found to have been involved in corruption activities, and such fines may be set even higher than the amounts which were originally embezzled.
The Corruption Eradication Law already sets out a number of provisions which can lead to the penalizing of any companies which are found to have been involved in corrupt practices. However, to date, law enforcers have rarely employed the various sanctions which are incorporated under this law, owing to the difficulties involved in defining the liabilities of corporations as regards their participation in acts of corruption.
Moreover, to date, there has not been a single implementing regulation which specifically stipulates the measures that can be taken under criminal procedural law against any companies which have been accused of engaging in corrupt practices. Therefore, in order to fill this vacuum, the KPK and the Public Prosecutor’s Office initially tried to prosecute offending companies so that they could also become liable for any state losses which were sustained. Unfortunately however, this effort ultimately failed, as judges assumed that companies would never be declared as defendants in any criminal cases.
(cd/sp)
Ricky Pratomo, ANT/Mohamad Agus Yozami
Photo by: RES.
Over the past few months, the Supreme Court has been preparing a regulation on criminal procedural law for crimes which are carried out by corporations. During this process, the Supreme Court is cooperating with several other stakeholders, including the Corruption Eradication Commission (Komisi Pemberantasan Korupsi – “KPK”).
The KPK itself is hoping that any such resulting regulation will also apply to State-Owned Enterprises (Badan Usaha Milik Negara – “BUMN”) as well as Regionally Owned Enterprises (Badan Usaha Milik Daerah – “BUMD”). Alexander Marwata, the KPK’s Deputy Chief, stated recently that BUMNs and BUMDs should be held liable for any criminal activities which are discovered, despite the fact that their shares are fully-owned by the state.
Furthermore, Mr. Marwata explained that BUMNs and BUMDs are highly prone to bribery cases, including the mark-up of project budgets when cooperation agreements are entered into with private parties. According to KPK data, at least 80% of corruption cases in Indonesia take place within the business sector, specifically within the private sector. Moreover, 90% of these occur in regional areas and involve the procurement of goods and services.
Expected to be finalized by the end of this year, the currently under-discussion Supreme Court regulation is predicted to become a more effective deterrent, as the sanctions that it sets out will not only be imposed upon individual company employees but also upon companies themselves. Currently, the KPK is reviewing the amounts of the fines that will eventually be imposed upon any companies which are found to have been involved in corruption activities, and such fines may be set even higher than the amounts which were originally embezzled.
The Corruption Eradication Law already sets out a number of provisions which can lead to the penalizing of any companies which are found to have been involved in corrupt practices. However, to date, law enforcers have rarely employed the various sanctions which are incorporated under this law, owing to the difficulties involved in defining the liabilities of corporations as regards their participation in acts of corruption.
Moreover, to date, there has not been a single implementing regulation which specifically stipulates the measures that can be taken under criminal procedural law against any companies which have been accused of engaging in corrupt practices. Therefore, in order to fill this vacuum, the KPK and the Public Prosecutor’s Office initially tried to prosecute offending companies so that they could also become liable for any state losses which were sustained. Unfortunately however, this effort ultimately failed, as judges assumed that companies would never be declared as defendants in any criminal cases.
(cd/sp)