Tinjauan Yuridis Pertanggungjawaban Pidana Korporasi Berdasarkan Undang-Undang Nomor 1 Tahun 2023

Abstract

Objective: This study aims to analyze corporate criminal liability under Law Number 1 of 2023 concerning the Indonesian Criminal Code, particularly the juridical formulation of Article 45 which recognizes corporations as subjects of criminal law.

Method: This research employs normative legal research using statutory and conceptual approaches. Legal materials were collected through literature study and analyzed qualitatively using descriptive-analytical methods.

Results: The study finds that Article 45 of Law Number 1 of 2023 explicitly recognizes corporations as criminal law subjects that can be held liable for criminal offenses committed for and/or on behalf of the corporation. The provision establishes a legal framework for corporate criminal liability by regulating the requirements for liability, parties who may be held accountable, and the scope of criminal sanctions imposed on corporations. The formulation reflects the adoption of modern doctrines of corporate criminal liability, including identification theory, vicarious liability, and corporate culture approaches. The application of these provisions is evident in corporate crime cases such as PT Duta Palma Group, where corporations are treated as entities capable of bearing criminal responsibility.

Conclusion: The regulation of corporate criminal liability under Article 45 represents a significant reform in Indonesian criminal law by providing legal certainty regarding the status of corporations as criminal law subjects. The provision strengthens the effectiveness of law enforcement against corporate crime while promoting justice, legal certainty, and protection of public interests.