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Regulation of criminal sanctions against corporations in administrative penal law in the context of criminal law reform

Author

Listed:
  • Feri Antoni Surbakti
  • Elwi Danil
  • Wetria Fauzi
  • Nani Mulyati

Abstract

Criminal sanctions in their use in administrative criminal law are an unavoidable condition to support administrative law enforcement. The policy of using criminal sanctions in administrative criminal law is a very important discussion. The application of criminal sanctions in administrative penal law is not only a technical matter of legislation but an inseparable part of the substance of legislation as a legislative policy process. The formulation of the problem in this research concerns how the regulation of criminal sanctions that can be applied to corporations in administrative penal law in the future. The method used in this research is normative juridical research, employing conceptual approach techniques, statutory approaches, and historical approaches. The nature of this research is descriptive, and the data used in this research is secondary data, with data collection techniques carried out through literature studies and document studies. Data analysis in this research will be analyzed qualitatively. The results and discussion in this research indicate that, so far, criminal sanctions that can be applied to corporations in administrative penal law only focus on criminal sanctions, which consist of basic and additional punishment. The ideal criminal sanctions to be applied to corporations in the future do not only focus on criminal sanctions but also include action sanctions. The main criminal sanctions that apply to corporations in the future are also not limited to fines but consist of various options. The main criminal sanctions that can be imposed on corporations in the future need to be adjusted to the level of need for administrative laws governing certain fields. Fines as the only main criminal sanction applicable to corporations are unlikely to be imposed singly or independently.

Suggested Citation

  • Feri Antoni Surbakti & Elwi Danil & Wetria Fauzi & Nani Mulyati, 2025. "Regulation of criminal sanctions against corporations in administrative penal law in the context of criminal law reform," Edelweiss Applied Science and Technology, Learning Gate, vol. 9(3), pages 2236-2248.
  • Handle: RePEc:ajp:edwast:v:9:y:2025:i:3:p:2236-2248:id:5779
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