Bamsoet Highlights New Criminal Code: Rogue Corporations Can Now Be Prosecuted, Shadow Controllers No Longer Safe

Anggota DPR RI Bambang Soesatyo, or Bamsoet, has asserted that criminal law reform through Law Number 1 of 2023 concerning the National Criminal Code (KUHP Nasional) is a crucial step in strengthening corporate accountability. One of the fundamental changes in the regulation is the recognition of corporations as subjects of criminal law that can be held liable for criminal acts. Bamsoet stated that the provisions in Articles 45 to 49 of the National Criminal Code represent significant progress in uncovering corporate crimes that have long hidden behind the legal entity of a company. He made these remarks while teaching a course on National Legal Reform in the Doctoral Programme of Law at Borobudur University, Jakarta, on Saturday, 4 July 2026. “A corporation is no longer seen merely as a vehicle for business activities, but can also be held criminally liable if it benefits from a criminal act or allows a criminal act to occur within the scope of its business,” he said. “This step provides legal certainty while strengthening healthy business accountability.” Bamsoet explained that the recognition of corporations as subjects of criminal law is one of the most significant updates in the National Criminal Code. The change was made to adapt to the increasingly complex development of economic crime. He noted that the main perpetrators of various economic crimes no longer always act as individuals, but exploit legal entities, corporate networks, and complicated ownership structures to evade law enforcement. He assessed that this condition was a weakness of the old Criminal Code, which was oriented towards individual liability. In practice, various criminal acts such as corruption, money laundering, tax manipulation, environmental crimes, illegal trade, and financial sector crimes are increasingly committed through corporations. Bamsoet said the presence of the National Criminal Code provides new hope because the law is now able to ensnare not only those who formally sign company documents, but also the parties who control the crime from behind the corporate structure. “Good law must not be blunt against shadow controllers, but also must not be reckless towards legitimate business actors. That is where the true test of Articles 45-49 lies, to pierce the corporate veil without killing the courage to do business,” he said.