Iuris Studia: Jurnal Kajian Hukum
Vol 2, No 1 (2021): Februari - Mei

Tinjauan Yuridis Terhadap Penerapan Peraturan Mahkamah Agung Nomor 13 Tahun 2016 Tentang Korporasi Sebagai Subyek Hukum Dalam Perkara Tindak Pidana Korupsi

Fajar Gigih Wibowo (Universitas Sumatera Utara)



Article Info

Publish Date
25 Feb 2021

Abstract

In the development of criminal law, the perpetrator is not only a human being but also a corporation. The liability of a corporation as the perpetrator of a criminal act is not simple since it is a legal subject ( rect person). Basiacally, there are many laws which regulate the liability of corporations such as Law on Mining, Mineral, and Cool, Law on Environment, Law on Eduration of Corupption Criminal Acts etc. The obscurity of regulations on the liability of a corporation in the above regulations becomes the main obstacle in eradicating corupption criminal acts. However, as time passes, the Supreme Court issues the Ruling No. 13/2016 on Procedure of Handling the Cases of Corruption Criminal Acts. The research used juriprudence as the basis for its main knowledge with normative approach. It is focused on answering the research problems, how about the existence of liability of a corporation that commits corruption criminal act in legal provisions and how about the relation of the Supreme Court’s Rulling No. 13/ 2016 in handling the cases of corruption criminal acts commited by a corporation. This research was done based on the court’s verdict in the case of PT. Duta Graha Indah (PT. DGI) which become the suspect in a corruption case, and to charge corporation becomes a suspect in this case. The theories used in charge corporation in corruption criminal act are strict liability, vicarious liability, etc. In this case, PT. DGI is indicted with Article 2, paragraph (1) and Article 3 of Law on Corruption Criminal Act No. 31/1999 which is amended with Law No. 20/2001 on Corruption Criminal Act

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Journal Info

Abbrev

iuris

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Iuris Studia: Jurnal Kajian Hukum published by BUNDA MEDIA GRUP which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, ...