IDEAL CORPORATE CRIMINAL RESPONSIBILITY IN REALIZING GOOD CORPORATE GOVERNANCE

Abstract

Good corporate governance (GCG) is one of company's success factor
to grow and make long term profit, as well as winning global business
competition. In practice, many corporations have not implemented
GCG properly and are vulnerable to being involved in corporate
crimes. The presence of Supreme Court Regulation (PERMA) No. 13
of 2016 concerning Procedures for Handling Criminal Cases by
Corporations is an effort to encourage the implementation of GCG by
corporations, strengthen law enforcement and legal certainty to
enhance implementation of corporate criminal liability. This study
aims to examine the ideal corporate criminal liability in realizing Good
Corporate Governance. This study is a normative legal study using
the Approach method, namely the Law Approach and the Case
Approach. The results of the study show that as a country that adheres
to civil law, Indonesia implements a two-tier board system that clearly
separates the supervisory function by the supervisory board
(commissioners) and the executive function (Board of Directors) by the
management board. The implementation of GCG is closely related to
the implementation of corporate criminal liability. PERMA No. 13 of
2016 is expected to strengthen law enforcement and provide legal
certainty related to the implementation of corporate criminal liability
so as to encourage corporations to implement GCG or good
governance. Good Law Governance and Rule of Law are needed, with
the executive body of government that is fairly and independently
responsible in implementing the law.