scholarly journals Corporate criminal liability towards the doer of illegal, unregulated and unreported fishing in indonesia

2018 ◽  
Vol 47 ◽  
pp. 06003
Author(s):  
Rahadi Wasi Bintoro ◽  
Agus Raharjo ◽  
Tedi Sudrajat
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Theory Development ◽  
The Other ◽  
Deterrent Effect ◽  
Criminal Case ◽  
Iuu Fishing ◽  
Fine Penalty ◽  
Corporate Criminal Liability ◽  
The Given

The seas in Indonesia are so wide and its natural wealth (fish) just can be explored and exploited by the ships which are owned by corporation. Those ships are potential to do illegal, unregulated and unreported (IUU) fishing. Even though corporation might commit a crime but the corporation can not be asked yet for the criminal liability. Nevertheless, criminal liability is charged to corporation’s staff. This research is included as normative research based on the study of law material. Stipulation of Article 101 Law Number 45 year 2009 jo Law Number 31 year 2004 on fishery, state that the claim and sanction in fishery criminal case which done by corporation will be given to corporation’s staff in form of fine penalty and added third of the given penalty. This is a reverse of criminal law because the other fields make corporation as the doer and can be asked for their responsibility. The theory development on criminal corporation liability seems does not followed by law maker. Consequently, there is no deterrent effect towards the doer of fishery criminal corporation cases. It needs law amendment and insert the corporation criminal liability clause, so there is a visible deterrent effect for the doer.

scholarly journals Corporate Crime and Corporate Criminal Liability in Indonesia Positive Law

2021 ◽  
Vol 4 (2) ◽  
pp. 20-30
Author(s):  
Zulkarnain Zulkarnain ◽  
I Nyoman Nurjaya ◽  
Bambang Sugiri ◽  
Ismail Navianto
Keyword(s):  
Criminal Law ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
The Other ◽  
Positive Law ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
The Relationship

Corporate crime is a unique crime against which excellent deterrence should be combated. However, these efforts are inversely proportional to the criminal law policies that serve as the basis for their implementation. The KUHP, the key pillar of the statute, merely acknowledges natural persons as subjects of criminal law. And they do not regard companies as criminal law topics. Crime laws must also be renewed. On this basis, a criminal policy will be discussed in Indonesia about the criminal liability scheme. The results of studies indicate that criminalization of all types of corporate crime was regarded as a crime according to positive criminal law in Indonesia. The relationship between one and the other criminal code differs however. The Criminal Code notes that the crime modes sometimes perpetrated by the companies were considered a criminal offense but should be performed by a normal individual. In other words, it may be claimed that companies have not been considered subjects of criminal law by the Criminal Code. However, in some criminal law laws out of the Criminal Code, companies have been treated as targets of criminal legislation and should be responsible for their acts. In Indonesia, the criminal liability scheme introduced by the Positive Legislation seeks to identify and delegate hypotheses where the errors and the source of authorities they have are assessed. The requirements in one criminal law and the other, however, are comprehensively different. For instance, a criminal must not be the manager, but someone who does anything in or for the sake of a company and the act is carried out within the framework of a corporation. It is not, however, expressly specified by the draft Law on the Criminal Code that the criminal is convicted so as to understand that the criminal is not liable for the crime he commits because criminal liabilities were transferred to the company. The draft Criminal Code Act (RKUHP) has accommodated companies as subjects of criminal law and arranged procedures for criminal liability. It can be seen from the principle of the renewal of criminal law that future criminal law would regard business offences as criminal actions and that penal penalties will be imposed on the company. The established provisions clearly show that the model and philosophy embraced are the doctrines of vicarious responsibility, even though there are shortcomings in the model.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

scholarly journals Corporate Criminal Liability Against the Biological Natural Resources and Ecosystems

Lentera Hukum ◽  
2020 ◽  
Vol 7 (2) ◽  
Author(s):  
Jazau Elvi Hasani
Keyword(s):  
Natural Resources ◽  
Criminal Liability ◽  
National Development ◽  
Vital Role ◽  
Deterrent Effect ◽  
Primary Concern ◽  
Conservation Effort ◽  
The Government ◽  
Corporate Criminal Liability ◽  
Crucial Part

Indonesia has various natural resources, including a diversity of natural and biological wealth. Article 33 paragraph (3) of the 1945 Constitution outlines that the state should control natural resources for national prosperity. Biological natural resources can appropriately situate with the conservation effort and the government plays a vital role in maintaining biological natural resources and ecosystems. The development of biological natural resources and ecosystems is essentially an integral part of sustainable national development, and efforts to conserve biological natural resources and their ecosystems are realized by analyzing and evaluating the existing legislation. This paper aims to discuss the corporate criminal liability in Indonesia in the case of the conservation of biological natural resources and ecosystems. Then, it suggests the possible revisions regarding the biological national resources legislations. Revision of the Act on the conservation of biological natural resources has started since 2018 as it is prioritized under the national legislation program. As the revision put the crucial part of the legal creation, the protection of biological natural resources and their ecosystem becomes the government's primary concern because the existing regulation still has no deterrent effect for violators. KEYWORDS: Corporate Criminal Liabilities, Biological Natural Resources and Ecosystems, Criminal Provisions.

scholarly journals Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 37
Author(s):  
Ayu Izza Elvany
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Problem ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
Illegal Fishing ◽  
Corporate Criminal Liability

This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.

scholarly journals TINJAUAN YURIDIS TENTANG GABUNGAN TINDAK PIDANA SEBAGAI HAL YANG MEMBERATKAN PIDANA Studi Kasus: Putusan Perkara Nomor:141/Pid.B/2018/PN Mrj (Pencurian)

2021 ◽  
Vol 3 (2) ◽  
pp. 212-226
Author(s):  
Failin Failin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Prison Sentence ◽  
Legal Certainty ◽  
The Family ◽  
Sense Of Justice

In criminal law there is no penalty if there is no wrongdoing, this basis is about the accountability of a person for the actions he has done. Therefore, in criminal law there are exceptions to such criminal liability, for example contained in Articles 48, 49, 50 and so forth. In addition, there are burdensome things that will be imposed on the accused for crimes committed, such as samenloop, recidive and so on. In the Muaro Sijunjung District Court there is one case concerning a combination of criminal acts, namely theft crimes accompanied by violence and moreover this theft is carried out among families (theft in the family). In this case the judge has decided the prison sentence for 6 (six) Years. But according to the analysis of the author there is no sense of justice for the victim because this perpetrator is the husband of the victim's child so that there is no deterrent effect for the perpetrator, the reason that there is no more theft in this family because no matter how small the crime committed by a person must be taken action in order to obtain justice and legal certainty. In principle, judges have the freedom to determine the measure of punishment to be imposed on the perpetrators of crimes, as long as it does not exceed the maximum provisions specified in the Criminal Code. Therefore, the sentencing of the accused for a combination of crimes committed by means of pure absorption Stelsel that is If a person commits several acts that are several delik each threatened with a different kind of criminal

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

scholarly journals Criminal Enforcement Law Policy for Corporate

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Dinh Thi Mai
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Enforcement Policy ◽  
Corporate Criminal Liability ◽  
Enforcement Policies ◽  
Legal Entities

Corporate criminal liability remain a very new issue for Vietnam's criminal justice background. Criminal judgment execution and criminal enforcement policy for corporate in Vietnam are still in the process of formulating and forming policies. Therefore, in this article, we study and discuss four factors that are considered the main pillars of criminal law enforcement policies for criminal, including: (1) Impact object of criminal law enforcement policy on corporate; (2) Object of criminal law enforcement policy for corporate; (3) Subjects of criminal law enforcement policies for corporate legal entities; (4) Forms and measures of criminal law enforcement policy for corporate. Keywords: Criminal law enforcement policy; corporate criminal; impact object; object; subject; form and measure of policy. References: Đỗ Đức Hồng Hà (2019). Nhận diện pháp nhân thương mại trong Luật Thi hành án hình sự (sửa đổi). Hội thảo khoa học về Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[2] Đinh Thị Mai (2019). Các yếu tố tác động tới chính sách pháp luật thi hành án hình sự đối với pháp nhân thương mại phạm tội. Hội thảo khoa học Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[3] Ngô Đức Minh (2019). Trình tự, thủ tục thi hành án và các biện pháp bảo đảm thi hành án cấm kinh doanh, cấm hoạt động trong một số lĩnh vực đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[4] Đậu Anh Tuấn (2019). Cơ quan quản lý nhà nước lĩnh vực hoạt động của pháp nhân thương mại và xác định trách nhiệm của cơ quan quản lý nhà nước trong thi hành án đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[5] Quốc hội (2015). Bộ luật Dân sự năm 2015.[6] Quốc hội (2014). Luật Doanh nghiệp năm 2014.[7] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Chứng khoán số 27/VBHN-VPQH ngày 18 tháng 12 năm 2013. [8] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Kinh doanh bảo hiểm số 12/VBHN-VPQH ngày 23 tháng 7 năm 2013. [9] Văn phòng Quốc hội (2018). Văn bản hợp nhất Luật Đầu tư số 06/VBHN-VPQH ngày 29 tháng 6 năm 2018.  

scholarly journals Legal entities and criminal law – principles of sanctioning

2013 ◽  
Vol 61 (7) ◽  
pp. 2261-2268 ◽  
Author(s):  
Věra Kalvodová
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Protective Measure ◽  
Corporate Criminal Liability ◽  
Legal Entities

The article deals with the issue of sanctioning of legal entities in connection with corporate criminal liability introduced after 1 January 2012. It provides a characterization of the sanctioning system provided for under the Act No. 418/2011 Coll. on the Criminal Liability of Legal Entities and on Proceedings against Them, and deals with the crucial principles governing the imposition of punishments and the protective measure. It further discusses the modifications of the sanctions with respect to legal entities, mainly as regards the principles of legality, purposefulness, adequacy, personality and subsidiarity of criminal repression.

Article 46C of the Malabo Protocol: A Contextually Tailored Approach to Corporate Criminal Liability and Its Contours

2018 ◽  
Vol 7 (2) ◽  
pp. 225-248
Author(s):  
Taygeti Michalakea
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Court ◽  
Court Of Justice ◽  
The Future ◽  
Tailored Approach ◽  
Corporate Criminal Liability ◽  
Corporate Wrongdoing

This article examines the corporate criminal liability provision of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol), which is the first to grant an international or regional criminal court jurisdiction over corporations. It analyses the provision in light of the wide substantial jurisdiction of the future criminal law section of the African Court of Justice and Human and Peoples’ Rights, the complementarity provision, the modes of responsibility and demonstrates its strengths and weaknesses. It argues that the corporate criminal liability provision will particularly contribute to a regional quest for justice and accountability against corporate impunity, as it is contextually tailored but also well equipped to address corporate wrongdoing.

scholarly journals Bioethics, Complementarity, and Corporate Criminal Liability

2017 ◽  
Vol 17 (6) ◽  
pp. 997-1021
Author(s):  
Ryan Long
Keyword(s):  
Genetic Engineering ◽  
Criminal Law ◽  
Corporate Responsibility ◽  
International Criminal ◽  
Criminal Liability ◽  
International Criminal Law ◽  
Genetic Privacy ◽  
Organ Trafficking ◽  
Corporate Criminal Liability

This article provides a brief introduction to some contemporary challenges found in the intersection of bioethics and international criminal law involving genetic privacy, organ trafficking, genetic engineering, and cloning. These challenges push us to re-evaluate the question of whether the international criminal law should hold corporations criminally liable. I argue that a minimalist and Strawsonian conception of corporate responsibility could be useful for deterring the wrongs outlined in first few sections and in answering compelling objections to corporate criminal liability.

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