Electronic Theses and Dissertation

ABSTRACT

TRY ERLIANSYAH, 2025







Corporate Criminal Liability Of Corruption: A Comparative Study Of Indonesia And The United Kingdom
Faculty of Law, Syiah Kuala University
(vii, 76), pp., tabl., bibl.
Mahfud, S.H., L.LM
Corruption is an extraordinary crime that harms society and the economy. Indonesia ratified the UNCAC through Law No. 7 of 2006, but corruption remains a major issue, with its CPI ranking dropping from 96th in 2021 to 110th in 2022, while the UK stays in the top 20. Corporate liability in Indonesia is regulated under Law No. 1 of 2023 and Law No. 31 of 1999, but enforcement is weak, with PT Giri Jaladhi Wana as the only corporate case. In contrast, the UK Bribery Act 2010 holds companies accountable for failing to prevent bribery, as seen in the Glencore case in 2019.
This thesis aims to compare and to find out the implementation of corporate criminal liability in corruption between Indonesia and the United Kingdom, and to find out the similarities and differences between corporate criminal liability corruption in Indonesia and the United Kingdom.
This is a normative juridical Research, with the data from the primary legal material and obtained secondary sources from books, journals, and law In addition, it uses statutory and comparative approaches supported by primary and secondary sources to obtain references for the research.
The findings reveal the implementation Indonesia and the UK take different approaches to corporate liability for corruption. Indonesia's Corruption Crime Law uses vicarious liability, as seen in the PT Giri Jaladhi Wana case, while the UK Bribery Act 2010 applies strict liability, as in the Sweett Group case. The Similarities between Indonesia and the UK recognize corporations as legal subjects and apply vicarious liability, but the UK does not require proof of intent if the crime benefits the company. Instead, corporations are liable for failing to prevent bribery under the UK Bribery Act 2010, which also applies extraterritorially. Indonesia’s Corruption Crime Law holds corporations responsible if employees commit corruption for the company’s benefit, linking liability to individual wrongdoing.
To address these challenges, the study recommends Indonesia should adopt a "failure to prevent corruption" model, like the UK Bribery Act 2010, Indonesia should establish specialized anti-corruption units in key institutions like the KPK and the Attorney General’s Office and Future corruption cases should consistently apply vicarious liability, or strict liability with negligent procedure standards like in the UK.

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