Characteristics of Corporate Crime in Indonesia through Organizational Structure and Third Party Facilitation

  • Sugiyanto Sugiyanto Master of Law, Faculty of Law, Diponegoro University, Indonesia
  • Joko Setiyono Master of Law, Faculty of Law, Diponegoro University, Indonesia
  • Taufiq Taufiq Master of Law, Faculty of Law, Diponegoro University, Indonesia
Keywords: Crimes; Corporations; Organizational Structures; Third Parties

Abstract

Corporate crime in general is a new thing that becomes a topic of discussion even in contemporary times. This is due to the fact that criminal law generally only regulates/recognizes individual crimes. This causes many legal loopholes that are used by corporations to commit crimes, for example through corporate structures and facilitation of third parties (panama papers). The purpose of this study is to look at the concept of corporate crime and the interrelationships of the characteristics of corporate crime through the use of third party structures and facilitation. In this research, mainly using normative research methods with a conceptual approach. The results of the study show that corporate crime begins with the premise of John Locke that every unlawful act is a crime (crime. Even though at first this concept only aimed at individuals, with the development of the times this concept shifted to corporate criminal responsibility. In addition, if you look at the characteristics through the company's structure and facilitation, it shows that there are top and bottom management managerial efforts to commit corporate crimes by utilizing third parties, for example, Panama Papers which involve many companies owned by state officials.

References

Alexander, C., & Cohen, M. 2011. The Causes of Corporate Crime: An Economic Perspective. In A. Barkow & R. Barkow (Eds.), Prosecutors in the Boardroom: Using Criminal Law to Regualte Corporate Conduct 11. New York: New York University Press.
ankhorst, Francien, and Hans Nelen. 2005. Professional services and organized crime in the Netherlands. Crime, Law, and Social Change 42:88.
https://investigation.tempo.co/panama/, accessed on 26 November 2022.
https://nasional.kontan.co.id/news/apa-saja-orang-indonesia-di-panama-papers, Quoted on 26 November 2022.
Ishaq, Legal Research Methods and Thesis Writing, Thesis and Dissertation, Bandung: ALFABETA, 2017.
Kurnianto Rombe Rante, 2019, Reaction of the Indonesian Government After the 2016 Panama Papers Appeared, eJournal of International Relations, 7(3).
Levi, Michael, and Nicholas Lord. 2017. White-Collar and Corporate Crimes. In Oxford Handbook of Criminology, 6th ed. Edited by Alison Liebling, Shadd Maruna and Lesley McAra. Oxford: OUP.
Levi, Michael, and Nicholas Lord. 2017. White-Collar and Corporate Crimes. In Oxford Handbook of Criminology, 6th ed. Edited by Alison Liebling, Shadd Maruna and Lesley McAra. Oxford: OUP.
Lord, Nicholas, and Michael Levi. 2017. Organizing the finances for and the finances from transnational corporate bribery. European Journal of Criminology 14: 89.
Mahrus Ali and Aji Pramono, Dimensional Human Trafficking, International Instruments and Their Arrangements in Indonesia, Bandung, Citra Aditya Bakti, 2011.
Mahrus Ali, Corporate Criminal Law Principles, Jakarta, Rajawali Press, 2013.
McGurrin, Danielle, and David O. Friedrichs. 2010. Victims of Economic Crime—On a Grand Scale. International Journal of Victimology 8: 147.
Meerts, Clarissa Annemarie. 2018. The Organization as the Cure for Its Own Ailments: Corporate Investigators in The Netherlands. Administrative Sciences 8:1.
Meerts, Clarissa. 2018. The organization as the cure for its own ailments: corporate investigators in the Netherlands. Administrative Sciences 8. Forthcoming.
O'Sullivan, J. 2016. Federal white collar crime. St. Paul: West Academic Publishing.
Padil, 2016, Characteristics of Corporate Criminal Liability in Corruption Crimes, IUS Journal | Vol IV | Number 1 | April.
Peter Mahmud Marzuki, Legal Research, Kencana Prenada Media Group, Jakarta, 2011.
Robinson, P., et al. 2017. Criminal law: Case studies and controversies, Philadelphia, PA: Wolters Kluwer.
Ruggiero, Vincenzo. 2017. Networks of Greed. Justice, Power and Resistance 2: 3.
Transparency International. 2014. Hiding in Plain Sight: How UK Companies Are Used to Launder Corrupt Wealth. London: Transparency International.
Van de Bunt, Henk G., Jan van Koningsveld, Maarten J. Kroeze, Benny van der Vorm, Jan-Berend Wezeman, Karin van Wingerde, and Amber Zonnenberg. 2007. Misuse of Corporate Vehicles in The Netherlands [Misbruik van buitenlandse rechtspersonen]. Rotterdam: EITC.
Zabyelina, Yuliya G. 2015. Reverse money laundering in Russia: Clean cash for dirty ends. Journal of Money Laundering Control 18:19.
Published
2022-12-05
How to Cite
Sugiyanto, S., Setiyono, J., & Taufiq, T. (2022). Characteristics of Corporate Crime in Indonesia through Organizational Structure and Third Party Facilitation. International Journal of Social Science Research and Review, 5(12), 560-568. https://doi.org/10.47814/ijssrr.v5i12.864