Research Article
The Legal Implications of Corporate Anti-corruption Culture
@INPROCEEDINGS{10.4108/eai.5-9-2018.2281054, author={Nani Mulyati and Aria Zurnetti and Lucky Raspati}, title={The Legal Implications of Corporate Anti-corruption Culture}, proceedings={Proceedings of the first International Conference on Social Sciences, Humanities, Economics and Law, September 5-6 2018, Padang, Indonesia}, publisher={EAI}, proceedings_a={ICONSHEL}, year={2019}, month={3}, keywords={corporate criminal liability corporate culture anti-corruption culture general corporate defense}, doi={10.4108/eai.5-9-2018.2281054} }- Nani Mulyati
Aria Zurnetti
Lucky Raspati
Year: 2019
The Legal Implications of Corporate Anti-corruption Culture
ICONSHEL
EAI
DOI: 10.4108/eai.5-9-2018.2281054
Abstract
The eradication of corruption in the private sector on the rule of law depends on two dimensions. The first element is repression, which emphasizes the imposition of criminal sanctions and the second is the preventive effort by fostering anti-corruption values in the organization. The general behavior of a person towards the rule of law is influenced by consideration of the incentives they may gain when they are law-abiding and the sanctions they may receive if they commit a crime or do not do what is required of them. This behavior also applies to corporations in making decisions relating to their obligation not to commit corruption. This paper analyses legal materials regarding the conditions under which corporate anti-corruption culture can provide legal implications in the commission of corruption within the corporation. This deploys normative juridical method that is in finding the data hold on juridical aspect by analyzing the legal materials with micro-comparative study and legislation approaches. This research is expected to provide input to corporations that by forming a corporate anti-corruption culture will bring legal implications that they may be able to obtain general defenses in criminal process of the corruption case if they have applied prudential principles in preventing corruption within the corporate environment reflected in the ethos, culture, and practices of the corporation.