Criminal Acts by Corporations

The National Criminal Code only recognizes criminal acts by corporations (crime by corporation), namely criminal acts committed by:

  1. Management who have a functional position in the corporate organizational structure, namely people who have the authority to represent, make decisions, and implement supervision of the corporation, including positions as people who order criminal acts, participate in committing, move other people to commit criminal acts or assist in the criminal acts (Article 46);
  2. People who, based on a working relationship or based on other relationships, act for and on behalf of the corporation or act in the interests of the corporation (Article 46);
  3. Order giver in the corporation (Article 47);
  4. The controlling party of the corporation, anyone who has the power or authority as a policy maker of the corporation or has the authority to carry out the corporation's policies without having to obtain authorization from his superiors (Article 47);
  5. The beneficial owner of the corporation, who is outside the organizational structure but controls the corporation (Article 47).

Conditions for Corporate Liability

Article 48 of the National Criminal Code regulates the conditions for criminal liability for criminal acts by corporations, namely criminal liability can only be requested if:

  1. Included in the scope of business or activities as stipulated in the articles of association or other provisions applicable to the corporation;
  2. Benefiting the corporation unlawfully;
  3. Accepted as corporate policy;
  4. The corporation does not take the necessary steps to prevent, prevent greater impacts and ensure compliance with applicable legal provisions to avoid criminal acts; and/or
  5. The corporation allows criminal acts to occur.