Criminal Liability For Corporations Under Indonesia's New Criminal Code

Indonesia recently unveiled its new Criminal Code (Kitab Undang-Undang Hukum Pidana or "KUHP"). This article looks specifically at how the new KUHP affects corporations in Indonesia and key provisions of which companies should be aware.

Corporate Criminal Liability

The new KUHP introduces a set of provisions on corporate criminal liability which were previously provided under Supreme Court Regulation No. 13 of 2016 regarding Guidelines on Case Management for Crimes Committed by Corporations ("MA Reg 13/2016").

Under Article 45 of the new KUHP, corporations are subject to penalties for criminal offences. Corporations include legal entities in the form of limited liability companies, foundations, cooperatives, state- or regionally-owned enterprises, or an equivalent, as well as associations, whether a legal entity or non-legal entity, business entities in the form of firms, limited partnerships, or an equivalent, in accordance with the prevailing laws and