Alfons Zakaria, Head of Criminal Compartment of the Faculty of Law Universitas Brawijaya (FH UB), defended his dissertation in an open examination held in Auditorium of Building A, 6th floor, on Friday (28/2/2025). In his dissertation entitled Imposition of Criminal Penalties for Dissolution of Corporations in the Perspective of Legal Certainty, Alfons highlighted the importance of legal certainty in the application of sanctions for dissolution of companies proven to have violated the law.
This dissertation was presented before a team of promoters consisting of Dr. Abdul Madjid as the main promoter, and Dr. Bambang Sugiri and Dr. Sihabudin as co-promoters. This session also presented the board of examiners, namely Prof. Dr. I Nyoman Nurjaya, Dr. Yuliati, Dr. Budi Santoso, and Dr. Sarwirini.
In his presentation, Alfons emphasized that the application of criminal dissolution of corporations cannot be done carelessly. He highlighted that in addition to providing a deterrent effect for business actors who violate the law, this sanction must also consider its impact on various related parties, such as employees, shareholders, and business partners.
As part of the solution to this problem, Alfons proposed the concept of Integrated Sentencing Theory. This theory combines retributive and rehabilitative approaches in the criminal justice system to balance justice for victims and opportunities of improvement for perpetrators. He argued that justice must not only ensure punishment for violators, but also provide an opportunity for companies to improve themselves as well as not to fall into the same mistakes.
“Criminalization of corporations must not only focus on punishment alone, but must also look at its impact on the business and social environment,” said Alfons in his hearing.
One of the interesting ideas in his dissertation is the proposal to implement a Deferred Prosecution Agreement (DPA) in the Draft Criminal Procedure Code (RKUHAP). This mechanism allows for out-of-court legal settlements through agreements between problematic companies and public prosecutors. With this scheme, corporations that violate the law are still given the opportunity to correct their mistakes before being subject to heavier penalties.
In addition, Alfons also emphasized the importance of implementing a conditional sentence scheme, as stipulated in Article 100 of the 2023 Criminal Code. In this regulation, corporations that are threatened with dissolution can be given a probationary period of up to 10 years to show improvement before the dissolution sanction is actually imposed. Another alternative that can be implemented is the supervision and guardianship of corporations as stipulated in Article 123 of the 2023 Criminal Code.
According to Alfons, the implementation of mechanisms such as DPA and conditional sentences can be a more flexible solution for the justice system in handling corporate crimes. He hopes that the concepts he put forward can be the basis for a more adaptive and effective legal policy in handling cases of violations of the law by companies in Indonesia.
“With a more flexible system and considering various aspects, we can realize legal justice that not only punishes, but also gives companies the opportunity to be responsible and correct their mistakes,” he concluded. (Rma/FH PR/ UB PR/ Trans. Iir)
