Evaluation of Corporate Crime Liability for Prepator of Business Crime in Order to Achieve for Fair Business Competition in Indonesia

DOI

10.2991/icglow-19.2019.21How to use a DOI?

Keywords

Corporate Criminal Liability, Business Crime, Fair Business Competition

Abstract

Along with the trend of economic globalization and the dynamics and the development of private enterprises, the corporation has a major contribution in improving the national economy, but in reality there are some corporation commiting various criminal acts in business. Existing legislation is still considered inadequate to serve as guidelines in sentencing the corporation. Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition has set the forbidden acts for corporations as business actors so that they can be convicted. However, these existing arrangements do not give confirmation about who is responsible for the criminal acts of the corporation. Can its managers also be combined or separated about their criminal liability? Because in the case of certain business crimes it can happen, both administrators and corporate get profit. Would not be wise if they are not given a sanction on their evil deeds while restoring losses caused by their crime. In practice, law enforcement experienced difficulties in proving fault of a corporation on business crime created by its administrator. The weakness implication of this corporate crime prevention causes unfair business competition growing. The next implication disrupts the investment climate (investors will shift their investment out of the country) and finally Indonesia inclusive economic and competitive development will be difficult to materialize. Therefore we need an evaluation of corporate criminal liability for business crime perpetrator in order to realize the fair business competition in Indonesia.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Budi Suhariyanto
PY  - 2019/10
DA  - 2019/10
TI  - Evaluation of Corporate Crime Liability for Prepator of Business Crime in Order to Achieve for Fair Business Competition in Indonesia
BT  - Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)
PB  - Atlantis Press
SP  - 84
EP  - 87
SN  - 2352-5398
UR  - https://doi.org/10.2991/icglow-19.2019.21
DO  - 10.2991/icglow-19.2019.21
ID  - Suhariyanto2019/10
ER  -