scholarly journals Garuda Indonesia-Rolls Royce Corruption, Transnational Crime, and Eradication Measures

Lentera Hukum ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 409
Author(s):  
Satria Unggul Wicaksana Prakasa
Keyword(s):  
Multinational Corporations ◽  
Rule Of Law ◽  
Aircraft Engine ◽  
Transnational Crime ◽  
Criminal Court ◽  
Foreign Affairs ◽  
Business Practices ◽  
The Rule Of Law ◽  
Legal Questions ◽  
Private Entity

The appointment of Emirsyah Satar, former President Director of PT Garuda Indonesia, and former Director of PT Mugi Rekso Abadi, Soetikno Soearjo who was the beneficial owner of Connaught International Pte. Ltd. as an intermediary for bribery against the Emirsyah in the alleged bribery case of aircraft and aircraft engine procurement from Airbus SAS and Rolls Royce PLC by PT. Garuda. Cross-border corruption carried out by Rolls-Royce is not only corruption committed by a private entity, but the case is also related to efforts to recognize the concept of Foreign Affairs Bribery as a new type of corruption. This research aims to find out the corruption as a transnational crime committed by multinational corporations and how inter-state cooperative actions can prosecute corruption cases. Legal questions raised are: (1) how can the United Nations Convention Against Corruption mechanism be used in exposing the Garuda Indonesia-Rolls Royce corruption case as a transnational crime, and (2) what legal remedies which can be applied to punish corruption committed between Garuda Indonesia-Rolls Royce? This study argues that, as part of transnational crime, of course, Garuda Indonesia and Rolls-Royce's corruption is an extraordinary crime that is not only detrimental to business practices but also the rule of law in Indonesia and other countries involved. Corruption done by Rolls-Royce, which involved Emirsyah Satar as a former director of Garuda Indonesia, has harmed Indonesia. Thus, Jurisdiction of criminal acts of corruption is needed.  It should be under the legal system of corruption eradication in Indonesia. There is a need for interpretation because Indonesia is part of the state which ratified UNCAC through Law No. 7 of 2006. Therefore, recognizing the Foreign Affairs Bribery concept as part of a judge's rechtvinding (finding of law) of the Criminal Court that multinational/transnational corporations comply with and respect the rule of law and eradication of corruption in Indonesia. It includes in making lex specialis (law governing a specific subject matter) related to Foreign Affairs Bribery so that similar cases do not occur in the future for Indonesia. Keywords: Corruption, Transnational Crime, Garuda Indonesia, Rolls-Royce.

scholarly journals Problems of interpretation the norms of General part of the Criminal Code of the Russian Federation

2019 ◽  
Vol 13 (2) ◽  
pp. 193-200
Author(s):  
M. P. Рronina ◽  
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Court ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Provisions ◽  
General Part ◽  
The Russian Federation

The article is devoted to one of the current areas of legal science related to the problems of interpretation the norms of General Part of the Criminal Code of the Russian Federation. The interpretation of legal norms is the activity of state bodies, non-governmental organizations and individuals to clarify and explain the meaning of legal norms embedded by the legislator in them and the actual content of the legal provisions (regulations, definitions) contained in them in order to implement them correctly and improve the effectiveness of legal regulation public relations. The interpretation of legal norms is a complex volitional process aimed at establishing the exact meaning of the rule of law. This process consists of two elements: 1) the interpreter (interpreter) clarifies the content of the legal norm for himself; 2) then in order to establish its equal understanding and application it clarifies the meaning of the legal prescription to all interested parties. The first part of this activity – clarification – characterizes the epistemological nature of interpretation aimed at the knowledge of law. Understanding acts as a thought process taking place in the mind of the subject applying the rule of law. The explanation is the second part of a unified process of interpretation the law addressed to other parties to a relationship. It is carried out by the competent authorities and persons in order to eliminate ambiguities in understanding the content of the norm and thus ensure its correct application to the circumstances for which it is aimed. Subjects of interpretation may be public authorities, officials, organizations, enterprises, institutions, individuals. The objects of interpretation are laws and regulations. Legal interpretation is an activity that from a practical point of view is connected with the completion of the regulation of life relations by law. Legal norms as a result of interpretation become ready for implementation, practical implementation. The presented scientific article examines the interpretations given by the highest judicial instance, which showed that in some cases they contain contradictions that violate the legal and technical rules. Examples of the interpretation of criminal court decisions of the Plenum of the Supreme Court of the Russian Federation are given, and author’s editions are proposed.

scholarly journals The Development Standard Agreement Influences on National and International Business Practices

2016 ◽  
Vol 2 (3) ◽  
pp. 362
Author(s):  
Cindawati Cindawati
Keyword(s):  
International Trade ◽  
International Business ◽  
Rule Of Law ◽  
High Speed ◽  
Qualitative Method ◽  
Bulletin Board ◽  
Business Practices ◽  
The Rule Of Law ◽  
Contract Signing ◽  
The Right

The rapidly growing business traffic either nationally or internationally forces the business practices to establish a standard agreement to secure the products and to protect the buyer from any risks. The standard agreement successfully meets the demand of international trade which urgently need the high speed and the accuracy. The objective of this research is to find out how does the development of agreement affect to the commerce practices and what are the requirements of standard agreement in accordance with the right and obligation. A qualitative method is applied in searching data of business practices. This study uses a normative research which guides the rule of law or determines some business standards and norms. The finding of this study show that the development of agreement strongly affects to the commerce practices, and standar agreement is urgently needed by business practices as a guideline to perform business traffic as smooth as buyer and seller expect, then both seller and buyer should know the three alternative way used as the procedures of standard agreement, namely; contract signing, notification document agreement, and notification by bulletin board. At last, a standard agreement could be accepted as legal agreement corresponding to willingness and trustworthy.

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