Konstruksi Pertanggungjawaban Pidana Korporasi dalam Tindak Pidana Korupsi Tata Kelola Timah : Analisis Perkara Harvey Moeis

Abstract

Abstract

This study examines the scope of corporate criminal liability in corruption offences related to the governance of tin commodities and evaluates the relevance of Law Number 1 of 2023 on the Criminal Code to the construction of corporate criminal liability. The research employs a normative legal method using a statutory approach, a conceptual approach, and a case approach. The findings demonstrate that a person’s formal position within a corporate structure does not, by itself, constitute sufficient grounds for imposing criminal liability. The determination of individual liability must be based on concrete involvement, authority, corporate interests, benefits obtained, control, or acquiescence that is connected to the criminal offence. This issue is reflected in the Harvey Moeis case, in which criminal liability was established on the basis of his personal involvement and individual fault as proven in the proceedings. Accordingly, his criminal liability as an individual cannot automatically be construed as corporate criminal liability. The development of national criminal law through Law Number 1 of 2023 further clarifies the legal framework. Article 45 expressly recognizes corporations as subjects of criminal offences, while Articles 46, 47, and 48 further regulate the basis of corporate criminal liability. At the same time, corruption offences are addressed through Articles 603 and 604, which have substantive connections with Articles 2 and 3 of the Anti-Corruption Law. Therefore, corporate criminal liability cannot be established merely from an individual's relationship with a corporation, but requires proof of a concrete connection between the criminal offence, the individual's conduct, and the interests or involvement of the corporation, while maintaining the principles of criminal responsibility and culpability.