Criminal Responsibility of Subsidiaries That Causes State Loses
- February 9, 2019
- Posted by: RSIS
- Category: Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue I, January 2019 | ISSN 2454–6186
Criminal Responsibility of Subsidiaries That Causes State Loses
Rosiani Niti Pawitri1, Adi Sulistiyono2, Albertus Sentot Sudarwanto3
1Student of Magister, Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia
2,3Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia
Abstract: – The existence of a State-Owned Enterprise (SOE’s) is an implementation of Article 33 of the 1945 Constitution of the Republic of Indonesia. Where it has a strategic position to improve people’s welfare. As time goes by, SOE’s are required to change so the company has high competitiveness and creativity in global competition, one of which is by forming a state-owned holding. The phenomenon of the formation of state-owned holding in Indonesia raises interesting problems related to the legal responsibility of state-owned subsidiaries which result in state losses whether it is charged with corruption or not. This research is conducted using normative legal research. Types of data used in this research are secondary data with primary and secondary legal material. Based on the results of the study it can be concluded that the criminal liability of state-owned subsidiaries that causes state losses in which the loss is a business loss cannot be snared by corruption. This is in line with the Constitutional Court Decision Number 62/PUU-XI/2013 provided that the directors have implemented business judgment rule as stipulated in Article 97 paragraph (5) of the Company Law.
Keywords: liability, Subsidiary, SOEs, State loses, corruption.
I. INTRODUCTION
The existence of a State-Owned Enterprise (SOEs) is an implementation of Article 33 of the 1945 Constitution of the Republic of Indonesia. Where it has a strategic position to improve people’s welfare. The state controls natural wealth, but The state cannot carry out business activities or run the company directly.[1]
