NO&T Asia Legal Review
As a follow through to the enactment of Supreme Court Regulation No. 13 of 2016 on the Procedures for the Handling of Crimes Committed by a Corporation (“Supreme Court Regulation 13/2016”), the Indonesian court for the first time imposed criminal sanctions on a corporation for corruption in January 2019. Prior to the enactment of Supreme Court Regulation 13/2016, Indonesia did not have implementing regulations which set out the procedure for imposing criminal sanctions on a corporation. As such, in the past, no corporations were imposed with criminal sanctions due to corruption in Indonesia.
The Supreme Court Regulation 13/2016 sets out, among others, (i) the conditions under which a corporation may be imposed with criminal sanctions, (ii) the person who is entitled to represent a corporation, and (iii) the form of sanctions that can be imposed on a corporation.
According to the Supreme Court Regulation 13/2016, in determining criminal sanctions to be imposed on a corporation, the Judges shall consider the following:
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