Karya Ilmiah
DISERTASI (313) - Pemidanaan Badan Usaha Milik Negara Sebagai Pelaku Tindak Pidana Korupsi
In its development, the virus of corruption has spread to corporations in the form of
State-Owned Enterprises. The involvement of SOEs in criminal acts of corruption
is certainly a very hard slap for the government because SOEs that should
encourage efforts to improve the country's economy actually take actions that are
contrary to the spirit of prevention and eradication of corruption carried out by the
government. SOEs are essentially the same as other corporations, namely, both
legal subjects who can be held liable for criminal acts of corruption and can be
subject to sanctions for dissolution, creating a dilemma for the government and law
enforcement officials.
The philosophy of conviction SOEs as the legal subject of corruption offenders is
that SOEs have the same position as other corporations so that based on the
principle of justice and equality before the law, SOEs can be subject to legal acts of
corruption, SOEs take actions that are contrary to the intent and purpose of
establishment SOEs and cause losses to the country's finances or economy.
Conviction of SOEs is a form of legal certainty in the prevention and eradication of
criminal acts of corruption and the involvement of SOEs in criminal acts of
corruption is very worrying, so that a strict legal policy is needed to restore the
management of healthy SOEs and in accordance with legislation. The SOE was
based on the ideas of the founding fathers set out in Article 33 of the 1945
Constitution and SOEs as companies authorized to manage wealth originating from
the people that must be oriented to the interests of the people and most importantly
must be used as effective government tools to support the success of national
development, can contribute income to the state and be able to increase
employment opportunities. In other words, SOEs must be able to provide benefits
to the community, both directly and indirectly.
Keywords: State-Owned Enterprises, Conviction, Corruption
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