Criminalization of Public Bodies in Administrative Criminal Law in Indonesia

Abstract

Public bodies are one of the main elements in implementing good governance in the context of providing and fulfilling society's goods and services needs. Almost all public sectors are run by public bodies together with private companies or corporations. The implementation of duties and functions of public bodies is regulated in administrative law regulations. In the event of an administrative violation, it will be subject to administrative sanctions, but several administrative, criminal laws have criminalized public bodies in their criminal provisions. The legislators set public bodies as the subject of criminal acts. A parameter is needed to criminalize public bodies by considering the public interest, the fault, and the characteristics of the crime by functioning criminal law as a last resort (ultimum remedium) so that overcriminalization does not occur. This study uses a normative juridical research method. The analysis was conducted qualitatively with descriptive-analytical specifications through the statutory and conceptual approaches. These parameters can be used as a guide for legislators to criminalize public bodies, including improving the professionalism of public bodies. The criminalization of public bodies must be carried out proportionally by prioritizing administrative case settlements.