Title:
“BENEFICIAL OWNER” CRIMINAL LIABILITY FOR CORPORATE CRIMES IN THE ENVIRONMENT SECTOR

Authors:
Septa Candra

Abstract:
This paper is inspired by a criminal law policy in Indonesian criminal law regulations that recognizes corporations as subject to criminal acts and criminal liability, but has not had a significant impact on law enforcement against criminal acts that occur within the scope of the corporation. The fact that this problem has not yet been divided has led to unsatisfactory developments in the development of accountability and criminal prosecution of the perpetrators. This research is a normative juridical research. The legal research method used is the statutory approach, conceptual approach and case approach. This research shows the tendency of various corporations to anticipate the possibility of criminal prosecution by building a structure by which separating the distance between criminal acts committed by corporate employees and decision makers or holders of corporate control. This act can be done in the form of a "Beneficial Owner" or forming a "Holding Company", with which can close the trail of criminal liability and actual criminal conviction, but only on corporations that directly realize the offense. Even though the big profit is not on the corporation or its direct agent. This issue is a matter of criminal law policy when formulating criminal provisions in related legislation. The formulation of criminal provisions is a very strategic initial stage of the "in abstracto" law enforcement process while the second and third stages constitute the "in concreto" law enforcement stage.

Keywords:
Criminal liability, Beneficial Owner, Corporations.