Case Handling Procedure For Corporate Crimes The Supreme Court Regulation Republic Indonesia Number 13 Of 2016
CHAIRMAN OF THE SUPREME COURT
REPUBLIC OF INDONESIA
THE SUPREME COURT REGULATION
REPUBLIC OF INDONESIA
NUMBER 13 OF 2016
CONCERNING
CASE HANDLING PROCEDURE FOR CORPORATE CRIMES
BY THE GRACE OF GOD ALMIGHTY
CHAIRMAN OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA
By: AMO Lawyers
Contributors:
Drafted and Translated by Prasetyo MaulanaReview by Noverizky Tri Putra Pasaribu S.H LL.M (Adv) and Gilang Mursito Aji S.H LL.M (Adv)
The issuance of Supreme Court regulation Number 13 of 2016 dated 29 December 2016 (“SC Regulation No 13/2016”) was set to enhance the procedures and terms and condition for criminal prosecution against the corporation. The procedure for handling cases including the corporation criminal liability, the board and other stakeholder’s liability.
Certain liability that accountable under this SC Regulation No 13/2016 includes the companies’ group liability, merger transaction, acquisition transaction, separation transaction and company dissolution. The SC Regulation No 13/2016 were also include the examination of the corporation, the board and commissioner examination, the examination of the stakeholders, tort and restitution process, company assets transferring, and other matter.
In addition, The SC Regulation No 13/2016 also regulates on how the Judge prosecute any criminal verdict respectively for any criminal action conducted by the company.
The legal absences of any regulation that stipulated the procedure of criminal sentenced for company criminal liability has become an issue that need to be solve by any law enforcement. SC Regulation No 13/2016 is expected to solve this crucial issue in order to provide a more legal certainty and legal supremacy to enhance the legal capability of the Law No 40 of 2008 regarding Limited Liability Company to be enforced accordingly in terms of criminal charge.
For more detail information and further reference you may contact us at info@amoktarina.co and n.pasaribu@amoktarina.co and you may download the translated version of the SC Regulation No 13/2016 below:
