REKONTRUKSI PERTANGGUNGJAWABAN PIDANA KORPORASI PASCA BERLAKUNYA UU NO. 1 TAHUN 2023 (KUHP BARU)

Abstract

Abstract

This research aims to analyze the reconstruction of corporate criminal liability in Indonesia following the enactment of Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code). Although the new Criminal Code explicitly recognizes corporations as subjects of criminal law in Article 45, systemic problems remain, such as the inconsistency between the general norms of the Criminal Code and sectoral regulations (lex specialis), as well as the lack of regulations regarding the proof of collective intent (mens rea). The research method used is normative legal research with a statutory and comparative approach. The results show that legal reconstruction is necessary to build a harmonious relationship between norms and adopt corporate culture theory to address structural crimes. Indonesia needs to integrate more adaptive collective responsibility principles towards the dynamics of modern economic crime to ensure legal certainty and substantive justice.

Keywords : Corporate, Criminal Liability, Legal Recontruction