Implementing “Legal Reality Model” Into Indonesia Corporate Criminal Liability

Abstract

- The contemporary Indonesian criminal legal system is largely influenced by the period of Dutch colonization. Indonesia Criminal Code (1919) based on Dutch Criminal Code (1889), until now Indonesia still not change this code. In the other hand, Dutch Criminal Code in 1976 receive update in perspective of Corporate Criminal Liability. Dutch Criminal Code classify, offence committed by corporation can be prosecute and punish to corporation itself and them who have instructed the offence, as well as on them who have actually given guidance to forbidden action. Although Dutch Criminal Code already had change in Corporate Liability Concept, Indonesia Criminal Code still used outdated concept without corporate liability concept. Indonesia had several existing cases on the corporate criminal liability are expected to positively influence the development of a corporate criminal liability doctrine in the Indonesian criminal legal system. However, the decisions of these cases often create more perplexing question about how Corporate Criminal Liability system in Indonesia. Through process of legislation and jurisprudence, Dutch Criminal System shaping new model in Corporate Criminal Liability.