Journal of Legal and Cultural Analytics (JLCA)
Vol. 5 No. 2 (2026): May 2026

Reconstruction of Criminal Liability of State Owned Enterprise Corporations in Procurement Corruption through a Fictitious Subcontracting Scheme

Akbarudin Noor (Universitas Borobudur Jakarta)
Bambang Soesatyo (Universitas Borobudur Jakarta)



Article Info

Publish Date
31 May 2026

Abstract

Corruption in the procurement of goods and services within Indonesian State-Owned Enterprises (SOEs), particularly through fictitious subcontracting schemes, poses serious challenges to transparency, accountability, and state financial management. Existing corporate criminal liability frameworks have not adequately addressed the complex structure of SOEs, especially in attributing responsibility for corruption involving layered contractual arrangements. This study aims to reconstruct the concept of corporate criminal liability of SOEs in such cases using a normative juridical approach with statutory, conceptual, and case analyses. The findings reveal that current regulations focus mainly on individual accountability, allowing corporate entities to avoid effective sanctions due to unclear attribution of intent and responsibility. Therefore, a reconstructed framework is proposed to strengthen institutional accountability alongside individual liability, ensuring greater legal certainty, justice, and more effective anti-corruption enforcement in public procurement.

Copyrights © 2026






Journal Info

Abbrev

jlca

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Legal and Cultural Analytics (JLCA) , is a fully open access scientific peer-reviewed journal on all aspects of law and culture. It welcomes contemprorary and traditional legal articles as well as interdisciplinary work, and invites submissions from scholars, practitioners, ...