Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Public Benefit of Economic Consideration of Asset Management from Corporate Corruption in Indonesia

Author(s): Aditya Wirawan, Acwin Hendra Saputra

The lack of handling corporate corruption even though the involvement of the private sector in corruption cases in Indonesia is very massive. However, the existence of several studies that justify corporate corruption raises two main problems whose solutions are reviewed based on normative juridical methods by inventorying adequate legal materials. This study aims to analyze the reconstruction of management of confiscation of assets from corporate corruption in Indonesia. This study produces two conclusions. First, the reconstruction of Article 273 paragraph (3) of the Criminal Procedure Code is an urgent matter to be carried out immediately. This is because the formulation of Article 273 paragraph (3) of the Criminal Procedure Code is not in accordance with the development of the community. A sense of justice of benefit and legal certainty for the community is not optimal in the implementation of booty management. Secondly, it is necessary to reconstruct booty management in Indonesia that is not only in the form of legal certainty, but also to the legal justice as a moral consideration for adequate fairness and happiness and to consider public benefit as an economic consideration. Theoretically, the results show that the criminal responsibility of corporate corruption has fulfilled juridical philosophical and sociological aspects to be implemented in the implementation of law in Indonesia, and the need for the reconstruction of criminal liability of corporate corruption which is not only based on errors, but also extends to accountability within the framework of reforming criminal law of corruption to adopt piercing the corporate veil, strict liability, vicarious liability, and secondary liability.

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