Concept of Restitution Application as a Form of Corporate Criminal Liability in Law Enforcement towards Human Trafficking Criminal Act

2020 ◽  
Vol 11 (1) ◽  
pp. 156
Author(s):  
H Radea Respati PARAMUDHITA ◽  
H. Sigid SUSENO ◽  
Lies SULISTIANI
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Vicarious Liability ◽  
Corporate Criminal Liability ◽  
Corporate Liability

This research aims to analyze: (1) the corporate liability as a law subject in terms of human trafficking criminal act; and (2) the concept of restitution application as a form of corporate criminal liability in the case of law enforcement towards human trafficking criminal act. This research is categorized as normative legal research through the statue and conceptual approaches. The result of the research found that: (1) in terms of criminal law, both seen from the Law of Human Trafficking or theories of corporate liability, corporate is one of law subject in terms of human trafficking criminal act whose liability can be asked regarding human trafficking criminal act. The corporate liability which conducts human trafficking criminal act can be determined through the fulfillment of general criminal liability terms (subjective terms) including the presence of liability, the presence of guilt both intentionally and negligence, and the absence of reasons to omit the criminal law. The form of liability of corporate criminal in terms of human trafficking criminal act can be decided precisely using vicarious liability; and (2) restitution application concept, as a form of corporate criminal liability in law enforcement towards the human trafficking criminal act so that justice principle, legal certainty and benefit for the victim of human trafficking. Therefore, the concept offered is first, fulfillment of material rights. Second, the availability of legal protection accompanied with its implementing which is a very urgent matter. Third, the availability of structure (in the form of institution/entity) and infrastructure is an essential thing in process managing, deciding and executing the human trafficking criminal act.

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 Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

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 Criminalizing Corporations In Environmental Crimes

Rechtsidee ◽  
2021 ◽  
Vol 7 ◽  
Author(s):  
Sanggup Leonard Agustian ◽  
Fajar Sugianto ◽  
Tomy Michael
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Civil Law ◽  
Administrative Law ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

The research objective is to find out how criminal law against the environment accommodates criminal acts committed by corporations and to find out the practice of settlement through criminal law instruments in terms of corporate criminal liability in the environmental sector. The research method used is a normative juridical research method. There is the existence of criminal law as a part of 3 law enforcement regimes (state administrative law and civil law). then the involvement of criminal law in the settlement in the environmental sector regulates the existence of corporate criminal liability (business entity) as a subject of criminal law. The corporate criminal responsibility used by the UUPPLH is strict liability according to the law.

scholarly journals KARAKTERISTIK PERTANGGUNGJAWABAN KORPORASI PADA TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP DI INDONESIA

2020 ◽  
Vol 8 (11) ◽  
pp. 1717
Author(s):  
Ni Kadek Eny Wulandari Putri ◽  
Kadek Agus Sudiarawan
Keyword(s):  
Criminal Law ◽  
Corporate Responsibility ◽  
Criminal Liability ◽  
Legal Research ◽  
Environmental Preservation ◽  
Environmental Destruction ◽  
Legal Literature ◽  
The Government ◽  
Administrative Sanctions ◽  
Corporate Criminal Liability

Tujuan yang ingin dicapai dalam penelitian hukum ini adalah untuk mengetahui korporasi ketika menjadi subyek hukum pidana dalam Undang- Undang Perlindungan dan Pengelolaan Lingkungan Hidup serta untuk mengetahui pertanggungjawaban pidana korporasi terhadap perusakan lingkungan hidup yang disebabkan oleh pembuangan limbah produksi ke sungai. Metode yang digunakan dalam penulisan jurnal ini adalah metode penelitian hukum normatif dengan menggunakan pendekatan perundang- undangan. Penulisan jurnal ini menggunakan dengan cara mengkaji dari bahan hukum primer yakni peruu serta bahan hukum sekunder yaitu doktrin atau teori yang didapatkan dari literatur hukum dan penelitian ilmiah. Hasil penelitian menunjukkan karakteristik korporasi sebagai subyek hukum pidana adalah di dirikan oleh perorangan, memiliki kekayaan sendiri terpisah dengan kekayaan yang mendirikan maupun pengurusnya, memiliki hak dan kewajiban disamping hak dan kewajiban pendiri dan pengurusnya. Bentuk dari pertanggungjawaban korporasi jika terbukti melanggar izin lingkungan dengan membuang limbah ke sungai akan dikenakan sanksi berupa sanksi administratif paksaan pemerintah, dibekukannya izin lingkungan atau dicabutnya izin lingkungan sesuai pasal 76 Undang- Undang Perlindungan dan Pengelolaan Lingkungan Hidup. The objective to be achieved in this legal research is to identify corporations when they become criminal law subject in Environmental Preservation and Management Constitution as well as to know corporate criminal liability for environmental destruction caused by disposal of production waste into rivers.  The method used in writing this journal is a normative legal research method using a statutory approach. The writing of this journal uses primary legal materials, namely peruu and secondary legal materials, namely doctrines or theories obtained from legal literature and scientific research. The results show that the characteristics of a corporation as a subject of criminal law are that it is established by individuals, has its own separate assets from the assets of the founder and management, has rights and obligations in addition to the rights and obligations of its founders and managers. The form of corporate responsibility if proven to have violated environmental permits by dumping waste into the river will be subject to sanctions in the form of administrative sanctions imposed by the government, freezing of environmental permits or revocation of environmental permits in accordance with Article 76 Environmental Preservation and Management Constitution.

scholarly journals International Legal Instruments in Responding to Human Trafficking

Lentera Hukum ◽  
2021 ◽  
Vol 8 (3) ◽  
pp. 417
Author(s):  
Ridwan Arifin ◽  
Yehezkiel Lemuel ◽  
Ngaboawaji Daniel Nte
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Trafficking ◽  
International Cooperation ◽  
Criminal Law ◽  
Research Method ◽  
Legal Research ◽  
Binding Force ◽  
Legal Instrument ◽  
International Laws

Human trafficking grows and develops rapidly, with various motives and types of crimes. Various obstacles are faced in handling human trafficking cases, ranging from inadequate legal instruments to weak law enforcement. This study overviewed the international legal instrument on human trafficking cases, following the identification of the recent forms and issues in enquiring how international legal instruments deal with human trafficking. This study used legal research method by referring to international laws as the source of law in compiling this human trafficking research. This study found that various instruments and international cooperation have dealt with human trafficking cases. However, in various related studies, these different legal instruments did not have a clear and binding force when the issue occurs in the domestic state. In addition, human trafficking in various legal instruments also had many types, and all of them are interrelated. This study highlighted and concluded that in making various international legal instruments effective in this case, more intensive international cooperation was needed, both regionally and globally. KEYWORDS: Human Trafficking, Labor Human Rights, Criminal Law.

scholarly journals Analisis Yuridis Terhadap Perbuatan Mark-up Oleh Panitia Pengadaan Barang Dan Jasa Dalam Proyek Pemerintah

2020 ◽  
Vol 3 (1) ◽  
pp. 91-96
Author(s):  
Rika Susilawaty ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Law Enforcement ◽  
Data Collection ◽  
Criminal Law ◽  
Criminal Liability ◽  
Descriptive Study ◽  
Study Data ◽  
Deterrent Effect ◽  
Legal Certainty ◽  
Literature Study ◽  
Literature Searches

The influence of the development of the strategic environment as well as the influence of the actors' motivational aspects, policy aspects or aspects of law enforcement, has influenced the increase in smuggling, both smuggling imports and export smuggling, increasing cases of smuggling, particularly smuggling of imports, has caused various impacts, especially the decline in the competitiveness of domestic production in the market which will ultimately also affect the improvement of the national economy. The research conducted is a descriptive study with a normative legal approach (normative juridical) conducted by means of literature study. Data collection tools used in this study are data in the form of document studies and literature searches. which become the knife of analysis in this study are theories of legal certainty, theories of criminal liability, and theories of criminal law policy. Sanctions given by the Panel of Judges against the defendant do not describe justice and order in the community, because the sentence tends to be mild and does not give a deterrent effect on the perpetrators of corruption. Efforts to deal with crime with criminal law (a means of punishment) and more emphasis on the nature of "Represive" (repression / eradication / suppression) after a crime or crime occurred.

scholarly journals The nature of corporate crime in law enforcement of the criminal justice system in Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 166-179
Author(s):  
Hadi Supriyanto
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Justice System ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Legal Certainty ◽  
Normative Approach ◽  
The Law ◽  
Executive Agencies ◽  
Corporate Criminal Liability

Law in its nature is not only used to control conduct that already occurs in society and sustain established behaviors patterns, but the law often contributes to its use as a means. The study revealed 1). Corporate Criminal Liability was an attempt to put the company in the sense of Equality Under the law with a view to achieving legal certainty, fairness and usefulness, 2) Control of corporate criminal penalties was implemented in several laws through a common formulation of the key criminal fines, 3) law enforcement against corporate crime can be achieved through a) Normative Approach. Therefore, it is required that the state will specifically articulate the responsibility for corporate criminal liability through legislative and executive agencies and what kind of liability can be formally demanded of the corporation as the object of criminal liability (legal policy), since the assessment of corporate errors is the basis of material for the demand of corporate criminals.

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

scholarly journals Akses Karya Cipta Audiobook Bagi Disabilitas Netra : Perspektif HAM

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Bagus Gede Ari Rama Bagus Gede Ari Rama ◽  
Ni Ketut Supasti Dharmawan
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
People With Disabilities ◽  
Comparative Approach ◽  
Blind People ◽  
Legal Certainty ◽  
Legal Research

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.

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