HUKUM BISNIS
Vol 10 No 3 (2026): Volume 10 No 3 2026

PENERAPAN PRINSIP KEADILAN DALAM PENGGANTIAN SANKSI PIDANA TERHADAP KORPORASI PELAKU TINDAK PIDANA KORUPSI MENURUT UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI

JANAH, RAUDATUL (Unknown)



Article Info

Publish Date
06 Mar 2026

Abstract

This study aims to analyze the form and legal basis of corporate criminal liability in corruption crimes and assess the application of the principle of justice in the replacement of criminal sanctions against corporations. The study focuses on the provisions of Article 2 and Article 20 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001, which recognizes corporations as subjects of criminal law and regulates the types of sanctions that can be imposed. This study uses a normative juridical method with a statutory and conceptual approach through a literature study of primary and secondary legal materials. The results of the study indicate that corporations can be held criminally responsible if the crime is committed by management or parties acting for and on behalf of the corporation within the scope of their authority. However, the regulation of sanctions limited to a maximum fine of one-third raises issues of effectiveness and does not fully reflect the principles of proportionality and justice, especially in cases involving large state losses and when fines are not paid. Therefore, strengthening regulations regarding the mechanism for substitute criminal sanctions is necessary so that criminal penalties against corporations can provide legal certainty, reflect substantive justice, and support the effectiveness of eradicating corruption involving corporations. Keywords: corporate criminal liability, corruption, criminal fines, principle of justice, proportionality

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Journal Info

Abbrev

hukumbisnis

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Business Law contains scientific articles, research results and community service. The scope is in the fields of business law, sharia economic law, civil law, government law and notary ...