CORPORATE CRIME AND STATE-OWNED ENTERPRISES

Hidayatulloh HIDAYATULLOH

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.

Pages: 142 - 149