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14 Indon. L. Rev. [1] (2024)

handle is hein.journals/indolawrev14 and id is 1 raw text is: THE ULTIMUM REMEDIUM PRINCIPAL FORMULATION POLICY IS PARTIAL IN NATURE TO CORPORATE CRIMINALITY IN INDONESIA ADE ADHARI*, PUIIYONO**, SHIDARTA*** Abstract This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source ofcriminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in thefields of taxation, customs, excise, and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required isfulfilling the obligation to pay offlosses to state revenue, paying off import duties that are not or underpaid, or after paying off excise that is not and/or underpaid. From this policyformulation, it can be seen that the principle of ultimum remedium in corporate punishment is partial. Keywords: Formulation Policy, Ultimum Remedium Principle, Corporation L. INTRODUCTION The principle of ultimum remedium is one of the characteristics of modern criminal law. This principle is a prerequisite in creating criminal law structures. In this building, this principle is placed as a foundation or supporting pillar.' As a foundation, it is the main component that lies at the basis of the structure of criminal law, enabling the role of criminal law in realizing national goals to run as well as possible. National goals are the direction to be achieved and realized at the level of national and state life. State goals must be pursued jointly, and not just be the responsibility of the government. Corporations must be encouraged to become one of the driving forces of the national economy. Corporations play an important role in advancing general welfare, which is the great goal of the Indonesian nation. * Doctoral Law Student at Universitas Diponegoro and Lecturer at Universitas Tarumanagara - adea@fh.untar.ac.id ** Profesor of Criminal Law, Universitas Diponegoro - pujifhundip@yahoo.com *** Professor of philosophy of law, Binus University - shidarta67@gmail.com 1 Eddy O.S. Hiariej stated that the modern school of criminal law is based on three foundations. First, fighting crime. Second, pay attention to other knowledge. Third, the ultimum remedy. Eddy O.S. Hiariej, Principles of Criminal Law, (Yogyakarta: Cahaya Atma Pustaka, 2016), p. 31 DOI : https://doi.org/10.15742/ilrev.vl3n3.1