Pembuktian Kesalahan Korporasi dalam Tindak Pidana Korupsi

In Indonesia there are 2 court decisions related to the punishment of corporation crimes in corruption, namely the Decision of PT GJW and the Decision of PT CND. In both decisions, the corporation mens rea is proven to be subject to criminal accountability. This study focuses on ways to prove corporation mens rea in corruption. To unravel the problem, this study uses a normative research method with two approaches namely the case approach and the conceptual approach. The results of the study: first, determining corporation mens rea, focus on mistakes made by corporation administrators, such as directors, so that the director's mistake is also a corporation mistake. Second, if it related to the corporate criminal liability theory, in the two corruption cases has adopted the theory of identification. Third, acts against the law that are detrimental to state finances and carried out by directors as administrators are considered the same as those carried out by corporations. Fourth, regarding the principal penalties, in two sentences is the same, namely fine. Fifth, in the decision of PT GJW the corporation is still subject to additional penalties in the form of closing all or part of the company. Whereas in the decision of PT CND, there is no additional penalties imposed on the defendant. Sixth, both of those decisions, do not contain additional penalties in the form of substitute money payments, even though as is known that one way to recover losses in state finances is through the payment of compensation.