The Concept of Balance as a Beneficial Ownership Principle in Criminal Law Reform Policy

Abstract

The Indonesia criminal law review of Beneficial Ownership policy regarding crimes committed by corporations needs to be thoroughly analyzed. Act number 1 2023 about The penal code of law has defined a criminal and an idling on the Beneficial Ownership to the criminal ACTS committed by the corporation. The focus of this study deals with the development of criminal law policies particularly on the idea of balance asa guiding principle in the renewal of criminal law policy. This aversion to Beneficial Ownership is a special concern because it is often in law enforcement when it comes to criminal ACTS perpetrated by corporations, Beneficial Ownership It's not touched by the law. The purpose of this writing is to identify the idea of balance asa principle of punishment on corporate actions in the reform policy of criminal law. The study used normatif juridical approaches as a primary approach. The primary object of this study is a secondary data that includes primary law and secondary law materials. Whereas data analysis is done using qualitative analysis methods. The results of discussion on the issues presented in this text indicate that, a close relationship between the Beneficial Ownership by the law of the corporation as the subject of law, often by order of its undertaker to perform judicial action in his behalf. The legal works of the corporation's caregiver reflect the actions of a corporation, so that all its implications can make a Beneficial Ownership as a subject of law that can be demanded for criminal liability.