<![CDATA[Corruption offenses involving State-Owned Enterprises (SOEs) are inherently complex due to the involvement of organizational structures, authority relationships, and multiple parties performing different roles. A legal issue arises when an individual is formally designated as a factual witness during criminal proceedings, while the evidence presented at trial indicates potential involvement in the commission of the corruption offense. This study aims to analyze the construction of criminal liability for factual witnesses whose involvement in corruption is indicated by the facts established during trial under Indonesian criminal law. This research employs a normative legal method using statutory, conceptual, and case approaches, with analysis focused on Decision Number 25/Pid.Sus-TPK/2022/PN.Jkt.Pst. The study applies the theories of criminal liability and criminal participation (deelneming). The findings demonstrate that the status of a factual witness does not preclude criminal liability where the constituent elements of a criminal offense, a substantial contribution to the commission of the offense, and culpability can be established. Within the doctrine of criminal participation, such involvement may be classified as medepleger where conscious cooperation, common intent, and significant participation are proven. Accordingly, criminal liability should be determined based on an individual's substantive role and proven involvement in the offense rather than solely on the formal procedural status as a witness or defendant.]]>
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