PENERAPAN PASAL 56 KUHP OLEH HAKIM DALAM MENJATUHKAN PUTUSAN BERUPA PEMIDANAAN TERHADAP KORPORASI

Abstract

Law Number 1 of 2023 concerning the Criminal Code contains guidelines for the punishment of corporations, especially regarding matters that need to be considered by judges when handing down criminal decisions against corporations as contained in Article 56. However, how these guidelines are applied by judges in issuing criminal sentences against corporations, as well as the legal implications of not applying these guidelines, are not explained explicitly. S0 this matter needs to be researched to find out how the sentencing guidelines contained in Article 56 are applied to corporations. The research method used is the normative legal research method, with a legislative and comparative approach, which is analyzed qualitatively and presented descriptively. The research results show that judges are obliged to apply the provisions of Article 56 of the Criminal Code in handing down criminal decisions against corporations and are obliged to include the matters referred to in that article in their decision letters. The legal implications of not implementing and not including the provisions of Article 56 of the Criminal Code in the criminal decision letter against the corporation, the decision can be declared null and void.