Muhammad Iqbal Baiquni, Septhian Eka Adiyatma, Atha Difa Saputri, Riki Julianto, Ridwan Arifin, Nurul Fibrianti
This research examines the regulations governing corporate criminal liability in Indonesian legislation, with the long-term objective of harmonizing the regulations governing corporate criminal liability to ensure legal certainty, utility, and justice in law enforcement in Indonesia. To support the achievement of harmonization in the regulations governing corporate criminal liability in legislation, it is necessary to conduct an assessment of corporate criminal liability regulations in other countries, both those with legal systems similar to Indonesia and those with a common law system, such as Australia. The research method used to achieve the research objectives and targets is normative legal research with a legislative and comparative approach. The findings of this research indicate that corporate criminal liability in Indonesia and Australia follows different approaches. Indonesia has recognized corporations as subjects of criminal law since 1955, but the enforcement of the law against corporations still faces challenges in practice. On the other hand, Australia has adopted a broader approach, considering corporations as subjects of criminal law and emphasizing corporate culture, employee behavior patterns, crime prevention, and corporate responsibility for individual actions conducted in the company's interest. The comparison of Indonesia and Australia's legal systems in regulating and enforcing corporate criminal law reveals that they have distinct approaches, reflecting unique legal traditions, cultures, and institutions in each country. Indonesia's approach is rooted in the civil law tradition with an emphasis on legislation, while Australia adopts a common law approach that places importance on judicial precedents. © 2023, Universitas Negeri Semarang. All rights reserved.
Faculty of Law, Universitas Negeri Semarang, Indonesia
