PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG

Abstract

Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering recognizes corporations as legal subjects capable of being held criminally liable. However, in practice, proving that a corporation possessed the "intent" to commit a crime often sparks complex debates between prosecutors and legal counsel. This study aims to analyze West Jakarta District Court Decision Number 524/Pid.Sus/2019/PN Jkt.Brt to understand the criteria judges use to determine whether a corporation can be deemed a perpetrator of a criminal offense. The research is expected to make a theoretical contribution to the study of special criminal law regarding corporations. It is unique in its analysis of the "piercing the corporate veil" doctrine within the criminal law context, distinguishing it from prior studies that generally focused on civil law aspects. Furthermore, the study examines the implementation of Supreme Court Regulation Number 13 of 2016 in assisting District Court judges to address procedural legal gaps when adjudicating cases involving corporations.