Representatives of the Corporate Entity in Corporate Criminal Cases Under the New Criminal Procedure Code

The new Criminal Procedure Code (KUHAP) expressly regulates corporations as subjects of criminal law within criminal procedure. A corporation is defined as an organized collection of persons and/or assets, whether or not it has the status of a legal entity.

Under Article 326 of the KUHAP, criminal liability may be imposed on both the corporate entity and the persons in charge (PIC) for the act concerned.

During the inquiry stage, a corporation may be represented by its Corporate Representative (Penanggung Jawab Korporasi), whereas during the investigation stage, a valid summons must be issued to the relevant Corporate Representative.

If the corporation fails to comply with the summons, the designated PIC refuses to appear, or the corporation deliberately fails to appoint a representative, the KUHAP authorizes the investigator to reissue the summons and to carry out coercive measures to secure the PIC's attendance.

The coercive measures provided for in the KUHAP may be applied to the Corporate Representative, including the determination of suspect status, arrest, detention, search, seizure, wiretapping, examination of correspondence, blocking, and travel bans.