On the heel of a lengthy debate and despite the controversy
surrounding it, Law No. 1 of 2023 on Indonesian Criminal Code
("Law 1/2023") has been promulgated on 2 January 2023.
Law 1/2023 replaces the previous Criminal Code, which dates to the
Dutch colonial era.
One notable change brought about by Law 1/2023 is the
recognition of the concept of corporate crime in Indonesia. As many
know, the old Criminal Code does not recognise corporations as
legal subjects that can be liable for crimes. Indeed, the
definition of criminal perpetrators was limited and confined to
individuals, which means that typically, the management of a
corporation will bear the criminal responsibility.
The discussion below will examine the concept of corporate crime
in Indonesia under Law 1/2023.
