The issuance of Supreme Court Regulation (Perma) no. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations which is followed by the high involvement of business actors in cases of criminal acts of corruption is the main basis that encourages the Government to invite all agencies and corporate companies to implement the ISO 37001 management system. Based on Article 4 paragraph (2 ) point c Perma No. 13 of 2016, that one form of corporate error related to criminal liability is if the corporation does not make preventive efforts, prevent greater impacts, and ensure compliance with applicable legal provisions to avoid criminal acts occurring.
It needs to be emphasized that the application of this guideline in corporations is not a guarantee of the loss of criminal liability for corporations if criminal acts of corruption still occur. However, the SNI ISO 37001 management system is a guideline for preventing corruption and can be considered by corporations
In Indonesia, corruption is understood in a limited way as a form of crime related to state finances in the public sector (government) and involving public officials. However, corrupt practices can be found anywhere, both in the public and private sectors, and the perpetrators range from staff to directors, leaders or even corporate owners. Apart from that, the modes vary from simple to complex, such as hiding the proceeds of crime in various countries. As the plan to amend the Corruption Crime Law related to the adoption of the UNCAC, in the future, fraud that occurs in the private sector will be included in the definition of corruption. To reduce the potential for corrupt practices to occur in corporations, adequate prevention efforts are needed, one of which is the implementation of the SNI ISO 37001 Management System.
PT Global Inspeksi Sertifikasi
