PEMIDANAAN TERHADAP KORPORASI DALAM TINDAK PIDANA KORUPSI

GULTOM, LIWIJAYA LESTARI (2015) PEMIDANAAN TERHADAP KORPORASI DALAM TINDAK PIDANA KORUPSI. Jurnal Ilmu Hukum. p1-16.

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Abstract

This research explains about the punishment of the corporation in corruption, which at this point is very rampant corruption no longer occurs only among the high officials of the State, corruption committed by a legal entity or often referred to as the corporation is also rife today. The purpose of this research is to obtain data on why judges rarely impose criminal sanctions against the corporation in corruption. The method used in this research is normative law method that is the use of secondary and tertiary law materials. The data analysis uses the qualitative methods and deductive framework (common-specific). The results of this research that the while the reason for the imposition of criminal sanctions are rarely given the judge against the corporation in corruption is due to the law governing the criminal offense committed by the corporation itself has not been clear about the criminal liability of corporations that make corruption so that judges do not have a role model to impose sanctions against the perpetrators. The constraints faced by the judge in the criminal sanction against corporate offenders who commit criminal acts of corruption that lies in the proof, because the judge should be able to formulate an act was committed by an individual, or a corporate capacity.

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