CCL – Materi Bacaan #1

The type of sanctions varies depending on the provision in each of the laws acknowledging corporate criminal liability. But in general, the sanctions can be divided into fines and additional sanctions, ranging from revocation of license, freezing of business units to confiscation of assets.

A few examples of these sanctions are as follows: Article 52 (4) of the EIT Law provides that fines will be imposed against corporations that commit crimes under the EIT Law. The amount of fines is two-thirds on top of the maximum fines imposed on individuals.

Similar to the EIT Law, Article 20 (7) of the Anti-Corruption Law also imposes fines to corporations. The amount of fines is one-third on top of the maximum fines imposed on individuals. Article 7 (1) of the Anti-Money Laundering Law provides that the principal sanction to be imposed on corporations is fines up to IDR 100 billion (around USD 7.5 million).

In addition to fines, the Anti-Money Laundering Law provides that additional sanctions can be imposed on corporations, particularly: (a) announcement of the court’s decision; (b) partial or entire freezing of the corporation’s business activities; (c) revocation of business license; (d) winding up or ban against the corporation (no specified terms on the coverage of the ban); (e) confiscation of the corporation’s assets for the state; and (f) takeover of the corporation by the state.