Legal Literacy - Law Number 1 of 2023 regarding the National Criminal Code (KUHP) provides new rules regarding corporate crime. Articles 45 to 49 of the National Criminal Code regulate corporations as subjects of criminal acts, who can be held criminally responsible, as well as the conditions and nature of that criminal responsibility. This article provides useful information for parties involved in corporate activities, such as entrepreneurs, corporate management, and legal parties.

Knowing the Criminal Code (KUHP)

Law Number 1 of 2023 Concerning the Criminal Code (KUHP) was ratified on January 2, 2023. The National Criminal Code was born as a reform of criminal law Indonesia with the aim of ending the validity of the Wetboek van Strafrecht (WvS), a legacy of the colonial era which tends to be portrayed as a “retributive view”. The National Criminal Code implements a dualistic theory, namely the separation of formulations between criminal acts and accountability criminal. There are various new regulatory substances, one of which is regarding a separate chapter on corporations in KUHP.

Corporations as Subjects of Criminal Acts

Article 45 of the National Criminal Code affirms corporations as subjects of criminal acts. In this case, what is meant by corporation is:
1. Legal entities (limited liability companies, cooperatives, foundations, BUMN/BUMD, legal entities or…