Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)

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Criminal Liability of Beneficial Owners in Corporate Crime

Authors
Agung Susanto1, *, Supanto Supanto2, Muhammad Rustamaji3
1Faculty of Law, Universitas Sebelas Maret, Ir. Sutami Street, No. 36 Kentingan, Jebres, Surakarta, Jawa Tengah, Indonesia, 57126
2Faculty of Law, Universitas Sebelas Maret, Ir. Sutami Street, No. 36 Kentingan, Jebres, Surakarta, Jawa Tengah, Indonesia, 57126
3Faculty of Law, Universitas Sebelas Maret, Ir. Sutami Street, No. 36 Kentingan, Jebres, Surakarta, Jawa Tengah, Indonesia, 57126
*Corresponding author. Email: mr_agoenx@student.uns.ac.id
Corresponding Author
Agung Susanto
Available Online 24 December 2024.
DOI
10.2991/978-2-38476-315-3_4How to use a DOI?
Keywords
Criminal Liability; Beneficial Owner; Corporate
Abstract

This research examines the legal issues relating to holding Beneficial Owners (BOs) liable for corporate wrongdoing. This research aims to examine the regulations regarding the involvement of Beneficial Owners in Indonesian law and evaluate their criminal liability for violations of corporate law. The research method includes literature review, case analysis, and reference to relevant regulations. The research findings show that the position of beneficial owners in limited liability companies is not clearly regulated in national laws and regulations such as the Limited Liability Company Law and the Capital Market Law. However, the issuance of Presidential Regulation No. 13/2008 has provided a definition and standard for beneficial owners, which specifically refers to individuals who hold ultimate power and have full control over the company. Regarding the criminal liability of beneficial owners, the main consideration is the role of the beneficial owner. If beneficial owners plan or authorize corporate abuses to hide the proceeds of criminal activity, they may face criminal liability under applicable laws and regulations.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
24 December 2024
ISBN
978-2-38476-315-3
ISSN
2352-5398
DOI
10.2991/978-2-38476-315-3_4How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Agung Susanto
AU  - Supanto Supanto
AU  - Muhammad Rustamaji
PY  - 2024
DA  - 2024/12/24
TI  - Criminal Liability of Beneficial Owners in Corporate Crime
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 15
EP  - 21
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_4
DO  - 10.2991/978-2-38476-315-3_4
ID  - Susanto2024
ER  -