Criminal Law

In 2016, Indonesia enacted Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Criminal Cases Involving Corporations…

Overview

In 2016, Indonesia enacted Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Criminal Cases Involving Corporations. This Supreme Court Regulation clarifies the procedures for law enforcement against corporations as perpetrators of criminal offenses, which had previously been regulated in various special statutes outside the Penal Code (KUHP), such as laws governing Economic Crimes, Forestry, Environmental Protection and Management, the Prevention and Eradication of Money Laundering, and others.

The Regulation also shifts the traditional perspective on corporations as criminal offenders, a notion that had previously been rejected under the Dutch Wetboek van Strafrecht (WvS)—which served as the foundation for the current KUHP. Notably, the Wetboek van Strafrecht was drafted based on the principle or doctrine of societas delinquere non potest (a corporation cannot commit a criminal offense). This shift in legal principles and doctrines constitutes one of the reasons for the need to revise the KUHP.

More recently, on 2 January 2023, Law Number 1 of 2023 concerning the Penal Code (hereinafter referred to as the Revised KUHP) was promulgated. The Revised KUHP will come into force three years from the date of its promulgation. In addition to responding to the shift in legal principles and doctrines, the Revised KUHP also introduces several new criminal offenses, including the crime of Apostasy under Article 302 of the Revised KUHP.

Several offenses under the Revised KUHP have proven controversial and have even been subjected to constitutional review petitions before the Constitutional Court prior to their entry into force. As of 7 March 2025, we note that eight petitions for judicial review of Law Number 1 of 2023 concerning the Penal Code against the 1945 Constitution have been registered and decided. These petitions specifically challenged provisions regulating defamation (Article 433), slander (Article 434), offenses against the honor and dignity of the President, Vice President, government, and state institutions (Articles 218(1), 219, 240(1), and 241(1)), demonstrations (Article 256), corruption offenses (Articles 603 and 604), the death penalty (Article 100(1)), the offense of providing false statements by an advocate (Article 509), apostasy (Article 302(1)), and the use of the state emblem for purposes not authorized by law (Article 237(c)). All petitions were declared inadmissible on the grounds of prematurity, as the law in question has not yet come into force.

Our advocates possess a deep understanding of criminal law and extensive experience, both in assisting clients who are suspects facing criminal law enforcement proceedings and in representing clients as victims in filing reports or complaints regarding criminal acts committed against them.

Our advocates also have frequently worked with and are well accustomed to engaging with law enforcement authorities across various institutions, including the Police, the Corruption Eradication Commission (KPK), Civil Servant Investigators for Environmental Affairs, the Prosecutor’s Office, and the Courts. We are well positioned to provide expert criminal law advice on how best to resolve your legal issues.

  1. Providing legal advice and legal opinions, advocacy (defense), and legal assistance to clients in protecting their rights and interests—whether as victims, witnesses, and/or suspects—in proceedings before the Police, the Public Prosecutor’s Office, and the Courts, at all stages of the criminal justice process, including preliminary inquiry, investigation, and all trial stages (District Court, appeal before the High Court, cassation before the Supreme Court, as well as judicial review, where pursued).
  2. Our legal services cover all criminal matters classified as general criminal offenses as regulated under Law Number 1 of 1946 concerning Criminal Law Regulations and its amendments under Law Number 1 of 2023, as well as special criminal offenses governed under various separate statutes.
  3. We specialize in handling cases involving corruption offenses, as well as special crimes in the sectors of mining, forestry (environmental law), fisheries, immigration, healthcare, medical practice, electronic information and transactions, consumer protection, and money laundering.
  1. Assisted and represented a client—a company holding a Production Operation Mining Business License (IUP OP) for nickel commodities—against allegations of the criminal offense of “illegally conducting activities, utilizing, and/or occupying forest areas” committed by a corporation. The alleged corporate crime was not proven.
  2. Assisted a client, a palm oil plantation company domiciled in Tanjung Jabung Timur Regency, Jambi Province, against allegations of committing a criminal offense under Article 99(1) of Law Number 32 of 2009 on Environmental Protection and Management—namely: “Any person whose negligence results in the exceeding of ambient air quality standards, water quality standards, seawater quality standards, or environmental damage criteria.” The alleged offense was attributed to the corporation in connection with land and forest fires (KARHUTLA), carrying a principal penalty of a fine amounting to IDR 2,500,000,000 payable by the corporation. Counsel successfully demonstrated that the client was not lawfully and convincingly proven guilty of the charged offense, and the panel of judges rendered a verdict of acquittal (vrijspraak).
  3. Assisted a client serving as a Regent of a regency in Indonesia in facing an investigation process conducted by the Komisi Pemberantasan Korupsi (KPK), through to court proceedings, regarding allegations of “joint and continuous corruption” as regulated and penalized under the primary alternative charge pursuant to Article 12(a) of Law Number 31 of 1999 on the Eradication of Corruption Crimes, as amended by Law Number 20 of 2001, in conjunction with Article 55(1)-1 and Article 64(1) of the Penal Code.

 

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