Concept of Benefit Owner's Responsibility in Crime in Indonesia: Charging Criminal Actors Behind Corporates

Abstract

This paper discusses the concept of criminal liability for beneficial owners who misuse corporations to commit criminal acts or corporations used as vehicles or means (corporate vehicles) to hide or disguise the proceeds of their crimes. The emphasis used in exploring the problem is on a conceptual, historical and comparative approach through regulations, court decisions and a review of literature as well as a Forum Group Discussion (FGD) related to Beneficiary Owners to discuss how accountability to beneficial owners and what criminal acts can be categorized as a crime committed by the beneficial owner. This paper concludes to hold criminally accountable beneficial owners by conducting investigations into corporations and implementing the Principle of Recognizing Service Users by conducting Due Diligence and if necessary using Enhanced Due Diligence. Criminal acts that can be categorized as being committed by Beneficiaries are not only money laundering and terrorism financing but can be expanded to criminal acts related to Corporations and aimed at obtaining economic benefits.