PEMBANGUNAN PENEGAKAN HUKUM PIDANA YANG MENGEFEKTIFKAN KORPORASI SEBAGAI SUBJEK TINDAK PIDANA KORUPSI
Abstract: The criminal law
enforcement policy (PHP), currently associated, corporations as subject’s
perpetrators of corruption (TPK) include PHP in the formulation stage, the
application stage and the execution stage. PHP formulation stage (in abstracto)
is based on Article 20 of Law on Corruption which should be a strong legal
basis to hold corporations as subjects of TPK, TPK equivalent to the subject of
TPK doers of civil servants and individuals. PHP application stage (in
concreto) indicates that the corporation as the subject TPK doers very rarely
applied / applied to account for the corporation as a principal TPK arguing
that criminal sanctions can be imposed is limited; the difficulty of proving
corporation fault; the difficulty of law enforcement officers discovered the
theory / doctrine and legal basis of corporate errors. Development of PHP
policy streamline corporation as the
subject doers of TPK in the future related to the renewal of substance,
structure and legal culture of corruption and streamline the corporation as a
subject the perpetrator TPK. Renewal terms of substance related to the
formulation of criminal crime, fault / criminal liability as well as criminal
and punishment (strafsoort, strafmat and strafmodus / modaliteit); Renewal in
terms of the legal structure of corruption related to the need for law
enforcement agencies that further enhance the insight to streamline the
corporation as a subject TPK; the need to retain the presence of the Corruption
Eradication Commission (KPK); corporate case handling is done by a special
team; maximizing the expert testimony; maintain the Police Commission, the
Prosecutorial Commission and the Judicial Commission of the role to supervise
the conduct of law enforcement. Renewal in terms of legal culture of corruption,
which need to be considered more attention to the educational curriculum of
character education (mental reform); understanding to the public that
corporations as well as TPK subject that needs to be optimized in PHP;
anticipation of an attempt to thwart PHP with the corporation as TPK subject to
foul play; the issue of jurisdiction, both to those who do and those who
receive bribes / gratuities, because they both do TPK.
Keywords: Development, The
criminal law enforcement Policies, Corporations, Subject’s Perpetrators of
Corruption
Penulis: Heni Siswanto
Kode Jurnal: jphukumdd151556
