CORPORATE CRIME AND STATE-OWNED ENTERPRISES
CORPORATE CRIME AND STATE-OWNED ENTERPRISES
Author(s): Hidayatulloh HidayatullohSubject(s): Law, Constitution, Jurisprudence
Published by: University of Tetova
Keywords: corporate crime; state-owned enterprises; Indonesian law; state finance
Summary/Abstract: Corporate crime is a legal issue concerning many countries, including Indonesia, which regulates it in the New Criminal Code Number 1 of 2023. However, corporate crime regulations experience challenges in their application in State-Owned Enterprises. This paper aims to examine how Indonesian law, especially the New Criminal Code, accommodates corporate criminal provisions for state-owned enterprises. Using a juridical normative approach, it analyzes several criminal law instruments related to corporate crime in Indonesia. In conclusion, Criminal Code Number 1 of 2023 has regulated corporate crime and criminal sanctions. However, written law experiences obstacles and dilemmas when imposing corporate criminal sanctions on State-Owned Enterprises because the company's financial status is part of the state financial regime from the perspective of Indonesian law. Imposing fines for violations of State-Owned Enterprises could harm the state that fully or controls most of the company's shares.
Journal: JUSTICIA – International Journal of Legal Sciences
- Issue Year: 11/2023
- Issue No: 19-20
- Page Range: 142 - 149
- Page Count: 8
- Language: English