Corporate Criminal Liability in the Collapse of Bank Century in Indonesia

Abstract

This research aims to determine the form of criminal responsibility corporate banking should bear, having particular reference to the case of the Bank Century. It also seeks to understand the form of legal proceedings used against victims of banking crime in that case. The concept of corporate criminal liability is well established, and can apply both to the corporation and/or the board of directors. However, in the Bank Century case difficulties in conducting the prosecution arose because criminal sanctions against corporations were not included in Law no. 10 of 1998 which regulates banking. Secondly, the form of legal protection for the victims consists of two forms: preventative; and repressive. Indonesian regulators remain reluctant to recognize corporate criminal liability. Cultural change among regulators is required to ensure corporations in the banking sector are subject to criminal prosecution where appropriate.