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All Journal Jurnal Penelitian Hukum De Jure
Evi Djuniarti
Research and Development Board for Law and Human Rights, Ministry of Law and Human Rights of the Republic of Indonesia, Jakarta
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Criminal Liability of Corporations as Crime Perpetrators Evi Djuniarti
Jurnal Penelitian Hukum De Jure Vol 21, No 3 (2021): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.153 KB) | DOI: 10.30641/dejure.2021.V21.311-320

Abstract

In terms of handling corporate crimes that culminate in "sentencing" or "giving punishment", corruption is referred to as a crime that has caused damage to life. However, this is not mentioned much in criminal law studies. In addition to sentencing, corporations that committed corruption must also return corporate assets to the state. This needs to be considered according to the philosophy of nature aequum est neminem cum alterius detrimento et injuria fieri locupletiorem. This philosophy means that no one can enrich themselves at the expense and suffering of others. This philosophy changes the source of this doctrinal principle, namely crime does not pay or crime shall not pay into an expression of resistance to crime perpetrators so that they cannot enjoy the results of the crime they committed. The statement of the problem in this paper is how is the philosophy of sentencing corporations that are perpetrators of corruption? This research used secondary data through literature study in the form of laws and descriptive analysis. The imposition of a criminal fine creates implications and juridical problems for corporations that committed corruption. The recommendation of this paper is to build an ideal model of sentencing corporation based on justice.
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