Barriers to Law Enforcement Against Corporate Crime in Indonesia: Institutional, Procedural, and Socio-Political Challenges
Year: 2026
Type: article
Abstract: This paper examines the obstacles and difficulties in the law enforcement in corporate crime in Indonesia. It pays attention to the 2023 National Criminal Code (KUHP), according to which corporations are the subjects of the criminal behavior. The empirical juridical approach and the descriptive-analytical approach are used in the study. It relies on the interviews with the prosecutors, judges, and law enforcement institutions in Jakarta and West Nusa Tenggara. The results indicate that it is difficult to enforce anti-corporation laws. The main pitfalls are that it is becoming difficult to demonstrate corporate mens rea (criminal intent), to access internal corporate documents, and to reconcile the National Criminal Code with some sectoral laws. Enforcement is further complicated with the institutional problems that include the lack of qualified staff and the absence of detailed technical instructions. Moreover, socio-political aspects, in particular, the effect of corporate economic and political influence, tend to play a role in legal procedures. This research paper emphasizes the fact that a more appropriate alignment of regulations, enhanced capacity of law enforcement bodies and more stable evidence norms are needed to ensure that corporate crime enforcement is more effective in Indonesia. We hope the results might inform the criminal law policy and also make the debates on the reform of criminal law in the country more insightful.
Institution: Diponegoro University
Language: English
Topic: Legal Studies and Policies
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7131407422