Juridical Study on the Corporate Criminal Liabilities for Money Laundering Criminal Action with the Defendant Labora Sitorus (A Study on the Decision on Appeal Number: 1081 K/Pid.Sus/2014)

Abstract

Corporate Crime nowadays is not only committed by people who are in the organization structure but also by people who are not listed in the organization. Based on the Decree no.1081K/PID. SUS/2014, Supreme Court provides an interpretation on the corporate director outside the organization’ structure. Supreme court subjected punishment against LS since he was considered as the corporate controller, although he is not listed on the organizational structure. The problem with LS as the personnel of Corporate manager although he was not listed on the organization structure is by the evidence that all money from the selling and shipping transaction of illegal oil fuel comes in LS’ bank account, and in fact, all the decision making of the corporation is authorized by LS. Whereas, by right, LS did not act as the manager of the corporation. This fact showed that the directing mind and will of that corporation is LS. The management of the corporation such as the boards of the directors are only the “puppets” to commit LS’ criminal act.         

Keywords: Punishment, Money Laundering, Corporation