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ARTICLE · 21 NOVEMBER 2018

Corporate Liability For Corruption In Indonesia

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The regulation does not address the forms of valid defence.

IndonesiaCorporate/Commercial Law

Indonesian Law No. 31 of 1999 regarding Eradication of Criminal Acts of Corruption, as amended by Law No. 20 of 2001 (together, the "Anti-Corruption Law") may hold corporations responsible for criminal acts of corruption.

Pursuant to Article 20 of the Anti-Corruption Law, a corporation found guilty of an act of corruption may be required to pay a maximum fine equal to the maximum fine for an individual, plus an additional one-third on top of such fine. Individual members of management may be held liable for criminal acts of corruption committed by the corporation.

In a similar vein, Supreme Court Regulation No. 13 of 2016 regarding Procedures to Handle Criminal Acts Committed by Corporations ("SC Reg. 13/2016") stipulates that a corporation shall be represented by member(s) of its management during any investigation and subsequent court proceedings for corporate crimes. (A corporation that is undergoing a dissolution process shall be represented by the liquidator.)

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