The UGM Master of Law Program (Jakarta Campus) held a National Seminar entitled "Shifting Legal Politics in Criminalizing Corruption Crimes Towards Maximizing Asset Recovery and Corruption in Corporations" on the 6th Floor of the UGM Building in Jakarta, Friday (November 1, 2024). The national seminar was attended by 160 participants, including academics, practitioners, civil servants, and professionals from both the government and the private sector.
The seminar aimed to provide participants with an understanding of the future direction of Indonesian corruption eradication legal policy, the responsibility of State-Owned Enterprise (SOE) Directors and Commissioners for losses at SOEs, and the development of Corruption Crimes (TPK) after the new Criminal Code and the direction of corporate criminalization.
Starting at 2:00 PM WIB, the Vice Dean for Academic, Student Affairs, and Cooperation, Adrianto Dwi Nugroho, S.H., Adv.LL.M., LL.D., delivered remarks at the event. Session 1 was delivered by the Deputy Chairman of Commission III of the Indonesian House of Representatives, Dr. H. Ahmad Sahroni, S.E., M.I.Kom. Session 2 was delivered by Dr. Hendry Julian Noor, S.H., M.Kn., a lecturer in Public Administrative Law at the Faculty of Law, Gadjah Mada University (UGM). Session 3 was delivered by Dr. Muhammad Fatahillah Akbar, S.H., LL.M., a lecturer in Criminal Law at the Faculty of Law, Gadjah Mada University (UGM). The event was moderated by Febri Diansyah, S.H.
In the first session, Sahroni emphasized the need for a new approach and method for resolving corruption cases, namely through the principle of Ultimum Remedium. The Ultimum Remedium principle emphasizes the recovery of state losses, forcing suspects to repay the losses many times over.
"We deter corruptors and at the same time recover state losses through the Ultimum Remediumprinciple," he explained.
The second session concerned state-owned enterprises (BUMN), state financial losses, and the BJR (Regional Property and Restructuring Agency). In his presentation, Hendry stated that the discourse surrounding BUMNs is not specific, because whatever happens to any part of the state, it experiences deficits and/or losses. Therefore, even though they are not included in the state financial regime, they will still be included as part of the state's losses. The legal competence of the HAN (National Anti-Corruption Court) is Article 1 Number 15 of the Supreme Audit Agency (BPK) Law and Article 1 Number 22 of the UUPN (State Property Law).
In the final session, Akbar presented material on corruption and corporate crimes; the basics of criminal acts in the economic sector; legal risks in managing BUMDs; business judgement rule and fiduciary duty and corporate accountability. In conclusion, he concluded that understanding relevant regulations by company organs and BUMN employees is crucial; good faith and measured business decisions are key to mitigating legal risks.
During the Q&A session, participants actively asked questions about the implementation of the new Criminal Code, good governance of state-owned enterprises, and corporate criminal liability under the new Criminal Code. An effective, efficient, and flexible asset management process is also a key component of asset recovery efforts, but it still needs improvement.
Writer: Debby Citra Dewi (UGM Master of Law Program, Jakarta Campus)
Editor: Public Relations
