Humaniorum Journal
Vol 4 No 3 (2026): Jurnal Humaniorum

Analisis Yuridis Pertanggungjawaban Pidana Korporasi dalam Tindak Pidana Pencucian Uang

Eki Mandjasari (IBLAM School of Law)
Nurmalia Ihsana (IBLAM School of Law)



Article Info

Publish Date
29 Jul 2026

Abstract

Money laundering may be committed through a corporation, but corporate punishment requires a legally justified attribution of conduct and fault. This study analyzes the criteria for attributing money-laundering offences to corporations, the parties that may be punished, the applicable sanctions, and enforcement obstacles under Indonesian law. It employs normative legal research using statutory and conceptual approaches by examining Law Number 8 of 2010, Supreme Court Regulation Number 13 of 2016, the Criminal Code effective from 2 January 2026, official reports, and relevant legal literature. The study finds that Article 6 of Law Number 8 of 2010 permits punishment of a corporation and/or its Controlling Personnel only when the four criteria in Article 6(2) are cumulatively fulfilled. Corporate fault is further assessed through the corporation’s benefit or interest, its tolerance of the offence, and its failure to take preventive or compliance measures under Supreme Court Regulation Number 13 of 2016, in line with the general corporate provisions of the current Criminal Code. Sanctions consist of a fine and additional penalties, while enforcement remains constrained by proof of control and benefit, complex corporate structures, cross-border asset tracing, and institutional coordination. A harmonized attribution framework, risk-based anti-money-laundering compliance, beneficial-owner transparency, financial intelligence, and asset recovery are therefore required.

Copyrights © 2026






Journal Info

Abbrev

humaniorum

Publisher

Subject

Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science

Description

Humaniorum Journal is an open-access journal published by Elena, published four times a year. Humaniorum Journal is a scientific publication media in the form of conceptual papers and field research related to the study of Law, Humaniora, social science, and development. The Humaniorum Journal is ...