Proceedings of 1st Workshop on Environmental Science, Society, and Technology, WESTECH 2018, December 8th, 2018, Medan, Indonesia

Research Article

The Application of Corporate Crime Law in Corruption Offence

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  • @INPROCEEDINGS{10.4108/eai.8-12-2018.2283996,
        author={Sarjiyati  Sarjiyati},
        title={The Application of Corporate Crime Law in Corruption Offence },
        proceedings={Proceedings of 1st Workshop on Environmental Science, Society, and Technology, WESTECH 2018, December 8th, 2018, Medan, Indonesia},
        publisher={EAI},
        proceedings_a={WESTECH},
        year={2019},
        month={6},
        keywords={application of the law corporation corruption offense},
        doi={10.4108/eai.8-12-2018.2283996}
    }
    
  • Sarjiyati Sarjiyati
    Year: 2019
    The Application of Corporate Crime Law in Corruption Offence
    WESTECH
    EAI
    DOI: 10.4108/eai.8-12-2018.2283996
Sarjiyati Sarjiyati1,*
  • 1: Lecturer of Faculty of Law, Universitas Merdeka Madiun, Indonesia
*Contact email: sarjiyati.sh.mh@gmail.com

Abstract

The corporation has a role in the development and economic development. However, the purpose is usually for the benefit of the corporation; then sometimes it commits crimes. In criminology, corruption comes into the scope of the white-collar crime. The definition of white-collar crime which is stated by Sutherland is to designate the type of the perpetrator of the crime in a crime, that is "people of the high socioeconomic class that offense against the laws made to regulate their works. Corruption criminal conduct is a big problem which always becomes the spotlight and anxiety of community concerns. Becomes Not only social anxiety but also an international one. The Implementation of the corporation as the subject of corruption offense is regulated in Law Number 31 of 1999 jo. Law No. 20 of 2001 Article 20 (1) states in terms of corruption by or on behalf of a corporation, then the charges and criminal punishment can be made against the corporation or its officers. Therefore, as a limited liability corporation, foundation, which is a cooperative corporation incorporated and unincorporated corporations like Firm, a limited partnership (Vennootschap Commanditaire / CV) when they conduct corruption, then the accountability is the responsibility of the managers. For the legal entity referred to as a board by the laws that govern whereas the illegal substance, is according to each base budget.