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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

Implementation of Law Enforcement against Corporations and the Challenges of Law No. 1 Year 2023 Parningotan Malau
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This research aims to examine the recognition and application of criminal liability of corporations in the Indonesian criminal law system, especially as regulated in the National Criminal Code (KUHP) which was recently enacted through Law Number 1 of 2023. The research method used is normative juridical with a qualitative approach, which focuses on analysing positive legal provisions and legal doctrines related to corporate criminal liability. The results show that the recognition of corporations as subjects of criminal law is a progressive step in answering the challenges of modern crimes involving business entities. However, there are still various implemented obstacles, such as interpretative lacunae, weak deterrent effects from sanctions, and the dominance of political-economic interests in law enforcement. Therefore, comprehensive legal reformulation and harmonization between laws and regulations are needed to strengthen effectiveness and justice in corporate punishment in Indonesia