Reviewing Restorative Principles of Corporate Punishment in Corruption Crime

Abstract

The corporation as an entity or legal subject whose existence contributes greatly in increasing economic growth and national development. However, as it turns out into practice, the corporation sometimes also commit criminal acts that have a bad impact on the State and society. The research is a qualitative research based on normative or doctrinal legal methods. The results show that the reparative value as contained in corruption crime acts for corporations is still limited to additional penalties, namely substitute money. In practice, it is not effective, a more progressive punishment is needed that can effectively restore the original state of the impact of the corruption crime. The principle of restorative is a reparative justice, encounter conception, and transformative conception. Reparative justice or recovery to the victims or recovery to the consequences incurred of a criminal offense. Encounter conception is a way or process, to realize transformative conception, to achieving a just society by understanding the needs of all parties. The essence of reparation as a basic principle of restorative justice in corruption crime is to restore balance, the recovery of damage incurred due to corruption, so it needs to be formulated as an alternative additional penalty besides the restitution in the future.

Keywords: Corporate; Corruption; Restorative; Reparative

DOI: 10.7176/JLPG/88-23

Publication date: August 31^st 2019