ENFORCEMENT OF CORPORATE CRIMINAL LIABILITY FOR CORRUPTION (Indonesia)

Author: Ichsan Montang

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Publisher: Nagashima Ohno & Tsunematsu

Journal / Book: NO&T Asia Legal Review No.9 (March, 2019)

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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.

As a follow through to the enactment of Supreme Court Regulation No. 13 of 2016 on the Procedures for the Handling of Crimes Committed by a Corporation (“Supreme Court Regulation 13/2016”), the Indonesian court for the first time imposed criminal sanctions on a corporation for corruption in January 2019. Prior to the enactment of Supreme Court Regulation 13/2016, Indonesia did not have implementing regulations which set out the procedure for imposing criminal sanctions on a corporation. As such, in the past, no corporations were imposed with criminal sanctions due to corruption in Indonesia.

The Supreme Court Regulation 13/2016 sets out, among others, (i) the conditions under which a corporation may be imposed with criminal sanctions, (ii) the person who is entitled to represent a corporation, and (iii) the form of sanctions that can be imposed on a corporation.

According to the Supreme Court Regulation 13/2016, in determining criminal sanctions to be imposed on a corporation, the Judges shall consider the following:

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