- The House of Representatives (“DPR”) Task Committee (Panitia Kerja – “Panja”) for the formulation of the new Draft Criminal Code (“RKUHP”) is continuing to engage in deliberations with the government, while the DPR is aiming to conclude RKUHP deliberations prior to the end of the current parliamentary session.
- In terms of the various provisions which are contained within the body of the new RKUHP, Siska Trisia, a researcher from the Indonesia Judicial Monitoring Society, is stressing that a number of issues relating to the area of corporate criminal liability need to addressed, specifically: 1) The scope of corporate crimes is seen as too narrow as the RKUHP only recognizes the identification theory; 2) The “direct relationship to business scope” element for corporate crimes may lead to obstacles when attempts are made to prove the existence of said crimes; and 3) The fact that corporate criminal liability is interchangeable between a corporation itself and the executives of said corporation will likely lead to ambiguities as regards the question of which alleged perpetrators should be prosecuted.
- Also commenting on this issue, Chandra Hamzah, a lecturer at the Jentera Law School, stated recently that the RKUHP, as it currently stands, fails to create an overall framework which integrates corporate criminal liabilities into crimes which involve corruption, due to the fact that the included corruption provisions are incomplete.
- For more on this story, see: “Beragam Persoalan Pertanggungjawaban Korporasi dalam RKUHP”.
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