Reconstruction of Criminal Sanctions against Corporations in Tax Criminal Actions

  • Bambang Ali Kusumo,
  • Supriyanta and Rozi Irfan Rosyadhi
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  • Bambang Ali Kusumo

    Faculty of Law, Slamet Riyadi University, Surakarta, Indonesia

  • Supriyanta

    Faculty of Law, Slamet Riyadi University, Surakarta, Indonesia

  • Rozi Irfan Rosyadhi

    Jawaharlal Nehru Technological University Hyderabad, India

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Abstract

In Law no. 28 of 2007 concerning the third amendment of Law no. 6 of 1983 concerning General Provisions and Tax Procedures has been regulated regarding criminal sanctions. However, in practice, these criminal sanctions cannot be applied to legal entities or corporations, because the formula is cumulative, alternative punishment will follow what is stated in the Criminal Code. This research is normative juridical research, which relies on secondary data. Secondary data consists of primary legal materials, secondary legal materials and tertiary legal materials. The results of the research show that the reconstruction of criminal sanctions in the Tax Law must be carried out, namely changing the formulation of criminal sanctions (patterns of types of criminal sanctions, patterns of criminal formulation), the position of bodies or corporations such as the formulation of criminal sanctions in Corruption Laws and Laws concerning Prevention and Eradication of Money Laundering Crimes.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1784 - 1806

DOI: https://doij.org/10.10000/IJLMH.116161

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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