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All Journal Jurnal Ilmiah Kebijakan Hukum KANUN: JURNAL ILMU HUKUM
Yassine Chami
Faculty of Law, Abu Dhabi University

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Under-Enforcement of Corporate Criminal Liability: Indonesia’s Normative Commitment and Systemic Impunity Tumian Lian Daya Purba; Silvester Magnus Loogman Palit; Ali Rahman; Yassine Chami
Jurnal Ilmiah Kebijakan Hukum Vol 20 No 2 (2026): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2026.V20.161-176

Abstract

Corporate criminal liability has been progressively recognised in Indonesia through sectoral legislation, procedural regulations, and the new Criminal Code, indicating a strong formal commitment to hold corporations accountable for corruption and other economic crimes. In practice, however, corporations are still rarely prosecuted, and enforcement remains heavily focused on individual offenders. This article examines the gap between “law in the books” and “law in action” and argues that the persistent under-enforcement of corporate criminal liability has produced a pattern of systemic impunity for corporate actors. Using a normative juridical method combined with case-law analysis and secondary empirical materials, the study reconstructs the legal framework, maps enforcement patterns in corruption, banking, environmental, tax and labour sectors, and identifies doctrinal, procedural, institutional, and political–economic factors that discourage prosecutors and judges from pursuing corporate defendants. The novelty of this article lies in treating under-enforcement itself as the central analytical problem and offering an integrated explanatory framework that connects legal design, institutional capacity, and political–economic incentives. The article concludes by proposing reforms to clarify liability standards, strengthen evidentiary and procedural tools, enhance institutional capacity and coordination, and insulate enforcement from undue corporate influence so that corporate criminal liability can function as an effective mechanism of accountability rather than merely a symbolic commitment
FROM NORMATIVE COMMITMENT TO EFFECTIVE ACCOUNTABILITY: RECONSTRUCTING STRUCTURAL REMEDIES FOR CORPORATE CRIMINAL LIABILITY IN INDONESIA Tumian Lian Daya Purba; Silvester Magnus Loogaman Palit; Ali Rahman; Yassine Chami
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.532

Abstract

Indonesia’s corporate criminal liability has transitioned from fragmented sectoral laws to general codification under the New Criminal Code (Law 1/2023) and Law 1/2026. Despite this legal context, a significant legal gap remains: a persistent "operational deficit" leading to systemic under-enforcement. Standard fines are frequently internalized as business costs, while law enforcement remains "actor-centered," prioritizing individual executives over the criminogenic corporate architecture. This study addresses the central question of how to reconstruct the Indonesian liability regime to move from formal normative commitment to effective, practical accountability. Employing normative juridical methods with statutory, conceptual, and comparative approaches, the research analyzes attribution models and restorative justice mechanisms. Findings indicate that effective accountability requires a shift toward an organization-centered model that targets internal governance. Proposed reforms include structural remedies, such as compliance-based corporate probation, disgorgement of unlawful gains, and mandatory ecological restoration, implemented through a "Dual Track System". Furthermore, this article highlights the necessity of procedural innovations like Deferred Prosecution Agreements (DPAs) and the enforcement of successor liability to prevent impunity during corporate restructurings. This article contribute  to prescriptive ius constituendum model that links corporate fault to proportional, remedial sanctions. By addressing inherent power imbalances and refining technical attribution standards, this framework provides a pathway for Indonesia to achieve a practically deterrent and restorative corporate liability regime.
Co-Authors Ali Rahman Ali Rahman Silvester Magnus Loogaman Palit Silvester Magnus Loogman Palit Tumian Lian Daya Purba Tumian Lian Daya Purba