REPUBLIC OF INDONESIA STATE NEWS

No. 2058, 2016 MA. Criminal action by the corporation. Case.

SUPREME COURT REGULATION

REPUBLIC OF INDONESIA

NUMBER 13 IN 2016

ABOUT

TATA WAYS HANDLING CRIMINAL ACTS BY CORPORATION

WITH THE GRACE OF GOD ALMIGHTY

CHAIRMAN SUPREME COURT OF THE REPUBLIC OF INDONESIA,

DRAWS: A. that the corporation as an entity or subject

laws whose existence contributes

is great in increasing economic growth

and national development, but in reality

the corporation exists It also performs a variety of criminal activity (corporate crime) that carries the impact of the loss

against the state and society;

b. that in actuality the corporation can be

a place to hide the wealth of the proceeds

a criminal offense that is untouched by the law in

criminal liability (criminal liability);

c. that much legislation in Indonesia

puts the corporation as a subject of criminal proceedings

which can be held accountable, but

matters with the subject of corporate law filed

in the criminal process still very limited, one

The cause is procedure and layout of the examination

The corporation as a criminal offender is still not

clearly, therefore it is viewed as necessary for the guideline

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2016, No. 2058 -2-

for law enforcement officers in case handling

the criminal committed by the corporation;

d. that based on consideration as

referred to in letter a up to the letter c, it is necessary

set the Supreme Court Regulation on Tata

The manner of the Handling Of Criminal Acts by the Corporations;

Given: 1. Law No. 3 Year 2009 on

Second Amendment to the Law No. 14 Year

1985 about the Supreme Court (State Sheet

Republic of Indonesia 2009 No. 3, Supplement

sheet of State of the Republic of Indonesia Number 4958);

2. Law No. 48 of 2009 on

Power of Justice (Republican Gazette

Indonesia of 2009 Number 157, Extra Sheet

State of the Republic of Indonesia Number 5076);

3. Law No. 8 Year 1981 on Law

Criminal Event (State Sheet of the Republic of Indonesia

1981 No. 76, Additional Gazette

Republic of Indonesia No. 3209);

DECIDED:

SET: REGULATION THE SUPREME COURT OF THE MANNER

THE HANDLING OF CRIMINAL ACTS BY CORPORATIONS.

BAB I

provisions of UMUM

Article 1

In this Supreme Court Regulation in question

with:

1. A corporation is a collection of people and/or wealth

that is organized, either a legal entity

nor is it a legal entity.

2. Corporate Parent Company (parent company) is a corporation

legal entity that has two or more children

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a company called a subsidiary company that

also has its own legal entity status.

3. Subsidiary companies (subsidiary companies) or

legal entities that

have a relationship (sister company) is

a company that is controlled or owned by one

parent company.

4. A merger is a legal action done

by one or more company to merge

self with other existing servers that

result in assets and pasts from the company that

combines self-switched due to law to

a company that accepts a merger and subsequent

the status of a corporate legal entity that combines

self ends due to law.

5. A smelter is a legal act done by

two or more companies to immerate themselves with

how to set up a new company that is due

the law acquires activa and passiva from the retailer

which Immertry yourself and the status of the legal entity of the company

that immersied itself ends due to the law.

6. Separation is a legal action done

by the company to separate the effort that

results in all activates and passiva of the company

switching due to the law to two or more of the companies

or partially activates and The pastime passeroan switched due to

the law to one or more perseroan.

7. Dissolution is the company's collapse because

the decision of RUPS/RUPS LB, or the term

the establishment that specified the base budget has been

expired, or based on the Court ruling, or

due to the revoked of the business permit The company is so that

requires the company to liquidate the appropriate liquidation

with the laws.

8. A corporation is a criminal offense that

can be held criminal liability to

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corporations in accordance with the legislation governing

about the corporation.

9. Property is all moving objects or

objects are not moving, either tangible or

intangible, acquired, either directly

nor directly from the proceeds of the criminal act.

10. A caretaker is a corporate organ that runs

corporate affairs according to the base budget or

legislation that authorities represent the corporation,

including those who do not have the authority to

take The decision, but in reality

can control or influence

corporate policy or co-decide the policy

in the corporation that can be qualified as

a criminal offense.

11. A Working Relationship is a relationship between the corporation

with its workers/employees under the agreement that

has an element of employment, wages, and/or command.

12. Another Relationship is the relationship between the administrator

and/or the corporation with the person and/or the corporation

another so that it makes the other party act

for the benefit of the first party based

bond, fine written or unwritten.

13. Corporate Environment is the corporate scope or

scope of corporate or scope of work that

includes and/or supports business activities

corporations both directly or indirectly.

14. The corporation's description is the administrator's description

representing the corporation.

15. Restitution is the restitution of damages by the corporation

to the victim or to his family as intended

in the provisions of Article 1 of 5 Government Regulations

No. 44 of 2008.

16. One day is twenty-four hours.

17. One month is thirty days.

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BAB II

INTENT AND PURPOSE

Section 2

The intent and purpose of setting up the handling of the handling

case of criminal conduct by the Corporation is for:

a. be a guideline for law enforcement in

handling criminal cases with Corporations

and/or Regents;

b. fill legal vacancies in particular the event law

criminal in the handling of criminal cases with perpetrators

Corporations and/or Regents; and

c. encourages effectiveness and optimize handling

criminal cases with offenders Corporate and/or

Replacement.

BAB III

TATA HANDLING CASE

Part Kesatu

Corporate Criminal Responsibility and Control

Article 3

Criminal Tindak by the Corporation is a criminal

done by people based on a working relationship, or

based on other relationships, both individually and

together that act for and on behalf of

Corporations in and outside the Corporate Environment.

Section 4

(1) Corporations may be liable for criminal liability

in accordance with the criminal provisions of the Corporations in

The governing Act.

(2) In dropping the criminal against the Corporations, Judge

may assess the Corporate Missions as in paragraph (1)

among others:

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a. Corporations may benefit or

the benefits of such felon or the follow up

the criminal is committed to the benefit

Corporations;

b. The corporation allows for the occurrence of a criminal offense;

or

c. Corporation does not undertake steps that

is required to prevent,

prevent greater impact and ensure

compliance with applicable law provisions

to avoid occurrence criminal.

Section 5

In the event of a or more Corporate Administrator quitting,

or the death of the world does not result in the loss of

Corporate responsibility.

The Second Section

Corporate Group accountability

Article 6

In terms of felon committed by the Corporations with

engaging corporate parent and/or subsidiaries

and/or Corporations that have a relationship can

be accounted for criminally in accordance with the role

respectively.

The Third Section

Corporate responsibility in the Mergers,

The dissolution, Separation and Disbandment of the Corporation

Section 7

(1) In the event of a merger or smelter

Corporations then accountability criminal charges

above the value of property or assets placed

against the Corporations that receive the merger or

The Corporation of the smelting results.

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(2) In the event of a Corporate separation, then

criminal liability is imposed against

Separate Corporations and/or Corporations that

perform separation and/or both appropriate

with the role done.

(3) In terms of the Corporation is in the process of dissolution,

then the criminal liability remains subject

against the Corporations to be dissolved.

Article 8

(1) Corporate which have dissolved after the occurrence of

criminal cannot be sentenced, will but against assets

belongs to the Corporation which is alleged to be used to perform

crime and/or is the result of a crime then

The law enforcement is implemented in accordance with

the mechanism as set in regulation

The laws.

(2) The lawsuit against the intended asset paragraph (1) can

be filed against a former administrator, heir or

third party that controls the Corporation-owned assets that

has dissolved it.

The Fourth Quarter

Corporate check

Section 9

(1) The invocation of the Corporation is intended and

is delivered to the Corporation to the place address

the Corporate position or address of the Corporation premises

it operates.

(2) In the case of the address as referred to in paragraph (1)

is not known, the invocation is intended to the Corporation

and delivered through the address of the wrong residence

one Urus.

(3) In terms of residence and residence

The handle is unknown, a call letter is delivered

through one of the print or electronic mass media

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and pasted to the announcement place in the building

the court authorized to judge the case.

Article 10

The contents of the call to the Corporation at least include:

a. Corporate name;

b. place of position;

c. Corporate nationhood;

d. Corporate status in criminal case (saksi/

suspect/defendant);

e. Time and place is a checkup; and

f. a summary of alleged criminal events related to the call

.

Section 11

(1) Examination of the Corporation as a suspect in

the investigation level is represented by a Pengurus.

(2) Investigators who conduct an examination of

Corporations call the Corporations Corporation represented Pengurus

as referred to in paragraph (1) with the letter

the valid call.

(3) The control that represents the Corporation in the examination

as referred to in paragraph (1) and the paragraph (2) is mandatory

present in Corporate checkup.

(4) In terms of the Corporation has been called for not

present, refusing to attend or not appointing a Switcher

to represent the Corporation in the examination then

the investigator determined one of the Regents to

represent the Corporation and call once again with

command to The officer to bring the Switcher

is forcefully.

Article 12

(1) The indictment against the Corporation is made in accordance with

The Criminal Event Law (KUHAP) Act.

(2) The form of an indictment letter as referred to in paragraph

(1) refers to the provisions of Article 143 of the paragraph (2) of the Book

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The Criminal Event Law Act (KUHAP) with

adjusts the contents of the indictment warrants as follows:

a. Corporate name, place, date of establishment and/or

base budget number/establishment/

document/agreement as well as the final change,

place of position, Corporate nationality, type

Corporate, form activities/effort and identity

the representative of the representative; and

b. Meticulously, clear and complete description of

a criminal act that is not disappointed with

mentions the time and place of that criminal activity

done.

Section 13

(1) Replacement of the Corporation at a level

mandatory inquiry is also present at the Corporate examination

in the Court hearing.

(2) If the Dedication as referred to in paragraph (1) is not

present for temporary or fixed impediments,

the judge/chairman ordered the public prosecutor

to determine and present another Urus

to represent the Corporation as a defendant in

the examination at the hearing Court.

(3) In terms of the Regents representing the Corporations as

the accused have been called unattended in

checking for no valid reason, the judge/chairman of the hearing

adjourn the trial and ordered it to

the public prosecutor in order to call back the Manager

representing the Corporation That is for present day

The next hearing.

(4) In terms of the Governing not present at the trial

referred to in paragraph (3), the judge/chairman of the hearing

ordered the public prosecutor to take care of

it was present forcefully at the trial

next.

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Section 14

(1) The Corporate Description is a valid tool of evidence.

(2) The proof system in the handling of the criminal acts

conducted by the Corporation follows the Book of Invite-

Invite Criminal Event Law (KUHAP) and provisions

laws of the event are set specifically in the legislation

others.

Section 15

(1) In the case of the Corporation be submitted as a suspect or

the defendant in the same case as the Regents,

then the Regents representing the Corporation are

The Dedication of the suspect or the defendant.

(2) Other Regents that do not become suspects or

defendants may represent the Corporations in the case

as referred to in paragraph (1).

Article 16

(1) In case any Corporate concerns dissolve

yourself with the aim of avoiding

criminal liability, whether done

after and before the inquiry, Chief Justice

The country at the request of an investigator or a public prosecutor

through a designation may delay any attempt

or process to dissolve the ongoing Corporation

in the legal process until the existence of a ruling

a legal force. fixed.

(2) The court lopation as referred to in paragraph

(1) only can Provided before the request

delay the debt repayment obligations or

a pailit request is registered.

(3) The trial of the court as referred to in the paragraph

(1) cannot be submitted against the dissolved Corporation

due to the end of the term as

is specified in the founding document.

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Article 17

(1) In the event of a merger or smelter

Corporations as referred to in Section 7 of the paragraph (1),

then the parties representing the Corporation in the examination

the case It was a case of inspection.

case.

(2) In the event of a Corporate separation, then the party

represents the Corporation in the case check

as referred to in Section 7 of the paragraph (2) is

The Corporation of the Corporation receiving the transition

after separation and/or performing

separation.

(3) In the case of the Corporation in the process of dissolution then

the party representing the Corporation in the examination

the case as referred to in Article 7 of the paragraph (3)

is the liquidator.

(4) The order of the invocation and the examination of

Corporations represented by the Governing Corporation as

referred to the paragraph (1) to the paragraph (3) following

the layout of the examination as referred to in

Article 9 to Section 16.

Fifth Quarter

Examination Check

Article 18

Recall and inspection The submitted administrator

as a witness, the suspect and/or the defendant is executed

in accordance with the Criminal Event Law Code

(KUHAP) and other laws.

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Sixth Section

Corporate check and urus

Article 19

(1) Examination at the investigation and prosecution stage

against the Corporation and/or the Replacement may be performed

Alone or together.

(2) In terms of checks on the inquiry stage and

the prosecution against the Corporation and the Replacement is performed

together, the order of the summoning and examination

follows the provisions set out in Section 9 to

with Section 18.

Seventh Section

The Bill of Change and Restitution Suit

Section 20

The loss suffered by the victims as a result of a criminal offence

performed by the Corporation may be in exchange for damages through

restitution mechanism by the perinvite provision-

the invitation that applies or through action lawsuit.

The Eighth Section

The handling of the Corporate Wealth Property

Article 21

(1) The property of Corporate Wealth that can be imposed

the seizure is the object as referred to in

The Book of the Law Law of the Criminal Event.

(2) In terms of the object consisting of objects that can

lekas are damaged or that are harmful, so that not

may be kept until the court ruling

against the case in question acquires

fixed legal powers or if the storage costs

those items would be too high or could

have decreased economic value, as far as possible

with the suspect's approval or the power of the object

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it may be secured or auctioned in accordance with

the provisions of the laws.

(3) The property of the auctioned, as intended

paragraph (2), cannot be purchased by a suspect or a defendant

and/or a party with a familial relationship

a blood to a second degree, a temporary relationship,

financial relationship, work/management relationship,

the relationship of ownership and/or any other relationship with

the suspect or the defendant.

(4) In terms of the case of the object, as contemplated in

paragraph (2) and paragraph (3), have Auctioned and assignment

The suspect in the Corporation is declared invalid by

pretrial or inquiry or

prosecution of the Corporation is terminated based on

the termination of the inquiry or

prosecution, then the proceeds of the sale of the goods auction

sitaan must be restored to the right to most

slow 30 (thirty) days since the prajudicial ruling

A legal force has remained or since the letter of designation

the termination of the inquiry or prosecution applies.

(5) In terms of citations as referred to in

paragraph (2) and on verse (3) have been auctioned, however

based on a fixed legal ruling

specified that the citation was not taken for

the country, then the proceeds of the sale of the goods auction

must be returned to the slowest

30 (three The days since the ruling of the legal force

remain.

(6) In terms of the net auction of the auction of objects

the site as referred to in paragraph (2) and/or

paragraph (3) there is an interest rate then the appropriation

or the return of the proceeds of the auction of the property is also

accompanied by the benefit interest obtained from

the cash deposit of that citybody auction.

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Ninth Section

The Removal Of The Criminal Authority and

Running Criminal

Article 22

Authorization to prosecute criminal and run criminal

against the Corporation remove because expires as

provisions set out in the Law of the Law

Criminal Code (KUHP).

BAB IV

RULING AND EXECUTION OF THE COURT RULING

Part Kesatu

Criminal Fall

Article 23

(1) The judge may drop criminal against the Corporation

or the Care, or Corporate and Urus Corporation.

(2) Judge dropping criminal as referred to

paragraph (1) is based on each of the laws

governing criminal threats against the Corporations

and/or Regents.

(3) The penal drop against Corporate and/or

Replacement as paragraph (1) does not close

possibility of a criminal fallout against another perpetrator

based on the provisions of the Act proved

involved in such a criminal.

Second Part

The termination

Article 24

(1) The severing of the idleup and the verdict is not an idation

against the Corporations is made in accordance with the Book of Invite-

Invite the Criminal Event Law (KUHAP).

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(2) The termination of the ident and not the ident of

The corporation as referred to in paragraph (1)

lists the following identity as follows:

a. Corporate name;

b. place, date of foundation and/or budget number

base/deed of establishment/documen/

agreement as well as the last change;

c. place of position;

d. Corporate nationhood;

e. Corporate Type;

f. form activities/businesses; and

g. The identity of the Regents represents.

Section 25

(1) The judge sentenced the corporates to the corporation to be

a principal and/or additional criminal.

(2) the underlying criminal charges against the Corporation

as verse (1) is a criminal of a fine.

(3) additional Criminal Code is dropped against the Corporation pursuant to

with the provisions of the laws.

Section 26

In terms of the Corporation and the Urus are submitted together

as a defendant, the verdict and not

the idlers follow the provisions as intended

in Section 24 and Section 25.

Part Third

implementation of the ruling

section 27

(1) The implementation of the ruling is based on the verdict

The court which obtained the legal power remains.

(2) The conviction of the ruling may be used as the base in

execution of the ruling as referred to in paragraph

(1).

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Section 28

(1) In terms of criminal fines dropped to

Corporations, Corporations are given a term of 1 (one)

months since the ruling of the legal power remains to

pay a fine That.

(2) In case there is a strong, timeframe

as it is in the paragraph (1) may be extended

at least 1 (one) month.

(3) If the Corporator does not pay a fine

as referred to in paragraph (1) and paragraph (2) then

Corporate property may be confiscated by the prosecutor and

is auctioned to pay a fine.

Article 29

(1) In terms of criminal fines is dropped to the Switcher,

The charge is given a term 1 (one) month since

the legal power ruling remains to pay

the fine That.

(2) In case there is a strong, timeframe

as referred to in paragraph (1) may be extended

at least 1 (one) month.

(3) If the fine is not paid partially or entirely,

Urus dropped criminal confinement replacement of fine

calculated propotional.

(4) Criminal A penalty for replacement of a fine as

referred to in paragraph (3) is held after

end of the principal criminal penalty.

Fourth Quarter

Additional Criminal or Orderly Conduct

Against the Corporation

Section 30

additional criminal or orderly conduct or any other action

against the Corporation is exercised on the basis of the verdict

The court.

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Section 31

(1) In terms of additional criminal charges

in the case of evidence of evidence, then the appropriation

evidence item is held at least 1 (one) month

since the ruling Fixed legal strength.

(2) In case there is a strong reason, the term

as it is in paragraph (2) can be extended

at least 1 (one) month.

(3) In case there is a wealth of wealth

arising from the outcome of the crime then the whole

those gains were usurpated for the country.

Section 32

(1) Corporations imposed additional criminal charges

substitutes, damages and restitution, manners

The implementation is performed in accordance with the provisions

laws.

(2) In case of additional penal money,

damages and restitution are dropped to the Corporation,

Corporations are given the longest term of 1 (one)

months since the ruling of the legal power remains to

pay for replacement money, damages and restitution.

(3) In case there is a strong, timeframe

as it is in paragraph (2) may be extended

for the most prolonged 1 (one) month.

(4) If the Corporations are penalized not pay the money

replacement, restitution and restitution as

referred In paragraph (2) and paragraph (3), the property

can be confiscated by the prosecutor and auctioned for

paying for replacement money, damages and restitution.

Article 33

The corporal charged additional criminal corrects

damage from the criminal offense, layout

implementation is conducted in accordance with the provisions

laws.

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BAB V

LAIN-LAIN provisions

Article 34

This Supreme Court Regulation cannot be the basis

for legal efforts against criminal charges by Corporations

which have been disconnected before this Supreme Court Rule

promulgled.

BAB VI

TRANSITIONAL provisions

Article 35

Criminal Perkara with the Corporation defendant who has

devolve to the court remains continued until

obtain a court ruling that has the power

law persists by referring to the rules of the rules

applicable laws prior to

this Supreme Court Regulation.

BAB VII

CLOSING provisions

Article 36

At the time of this Court Regulation start to apply, provisions

handling criminal matters by the Corporations following

This Supreme Court Regulation.

Article 37

This Supreme Court Regulation shall come into effect on the date

promulred.

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For everyone to know, ordered

the invitational of this Supreme Court Regulation with

its placement in the State News of the Republic of Indonesia.

Set in Jakarta

on December 21, 2016

CHAIRMAN OF THE SUPREME COURT

REPUBLIC OF INDONESIA

ttd

MUHAMMAD HATTA ALI

promulded in Jakarta

on 29 December 2016

DIRECTOR GENERAL

REGULATIONS LEGISLATION

MINISTRY OF LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

ttd

WIDODO EKATJAHJANA

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