scholarly journals Pertanggungjawaban Pidana Korporasi Terhadap Pencemaran Lingkungan Hidup Ditinjau dari Undang-undang Cipta Kerja

2021 ◽  
Vol 2 (3) ◽  
pp. 678-682
Author(s):  
Kadek Dicky Candra Mahendra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Environmental Pollution ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Inductive Logic ◽  
Living Environment ◽  
Primary Data ◽  
Criminal Sanctions ◽  
Library Research ◽  
Corporate Criminal Liability ◽  
Research Type

Human activities that are less controlled, make a clean and healthy living environment less and less, this is because the earth is currently getting older and the activities of humans themselves are not properly preserving the environment. Humans have a role and responsibility to empower the environment to maintain the ecosystem. However, the current reality is that most environmental crimes often involve corporations. This study aims to examine the regulation of criminal acts by corporations in the perspective of the Copyright Act and to reveal criminal sanctions against corporations that commit acts of environmental pollution in terms of the Copyright Act. This research uses a normative research type, with a Legislative approach. As for what is used as primary data, namely Law Number 32 of 2009, Law Number 11 of 2020 concerning Job Creation is the legal basis for knowing criminal arrangements and criminal sanctions against corporate criminal liability for environmental pollution in terms of the work copyright law. Data were collected using library research techniques. After the research data has been collected, it is processed by elaboration, namely combining the sources of the primary, secondary and tertiary legal materials with deductive and inductive logic. The results of this study indicate that corporate crime is essentially a functional act and is in the form of an inclusion offense. The criminal sanction of imprisonment is 1/3 to the management of the corporation.

scholarly journals PERTANGGUNGJAWABAN PIDANA KORPORASI (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP

2021 ◽  
Vol 2 (02) ◽  
pp. 143-155
Author(s):  
Erni Juniria Harefa ◽  
Pondang Hasibuan ◽  
Sahat Benny Risman Girsang ◽  
Herlina Manullang
Keyword(s):  
Environmental Pollution ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Legal Protection ◽  
Corporate Management ◽  
Library Research ◽  
Responsible Corporate Officer ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

The occurrence of environmental crimes in the form of environmental pollution and/or destruction, mostly carried out in the context of running an economic business, and is also the attitude of the authorities and entrepreneurs who do not carry out or neglect their obligations in environmental management. Environmental pollution and/or destruction continues to increase in line with the increase in industrial activities or the like, of course the environment needs legal protection. Article 116 of the Environmental Protection and Management Law (UUPPLH), makes the concept of corporate criminal responsibility and corporate management (directors, managerswho are responsible for managing the company's environment, can even be asked to shareholders and commissioners) together, in the event that the activities and/or business of the corporation cause environmental pollution and/or destruction. On the other hand, the accountability of the directors/management of the corporation is also needed because there is a possibility that the sanctions imposed on the corporation will not affect the lives of the leaders/management of the corporation.The method used in this thesis research is normative juridical research using primary, secondary, and tertiary legal materials. This study uses library research techniques, which are then analyzed qualitatively. Based on the results of the study, that corporate criminal liability in Article 116 paragraph (1) UUPPLH is based on the identification of Theory and Vicarious Liability. Meanwhile, the director's criminal responsibility as an individual for criminal acts of environmental destruction occurs as long as the director has the authority to prevent violations or to improve the situation. Meanwhile, the criminal responsibility of the director representing the PT organ for environmental crimes can be identified based on the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, because his position in the company has an obligation to take action to ensure that the violation will not occur as stipulated in Article 116 and 117 UUPPLH.

scholarly journals Theoretical and Conceptual Reflection Regarding Corporate Criminal Responsibilities Influencing the Formulation of Laws

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 17
Author(s):  
Fitriani Rahmadia
Keyword(s):  
Criminal Law ◽  
Corporate Responsibility ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Criminal Code ◽  
Policy Formulation ◽  
Legal Subject ◽  
Criminal Sanctions ◽  
The Subject ◽  
Corporate Criminal Liability

In Indonesia, the development of the corporation as the subject to criminal acts takes place outside the Criminal Code, regulated in special legislation. While the Criminal Code itself still adheres to the subject of criminal acts in the form of people, the corporation (juridical person) appears as a subject that can commit a crime and should also be accountable in criminal law. However, this condition has not been realized concretely in our Criminal Code. The formulation policy regarding corporate criminal liability for victims of corporate crime that exists or is currently in force has not been able to realize the corporate criminal liability. Although there are sanctions that can be imposed on corporations, most of these provisions only protect potential victims and are not responsible for actual or real victims. In other words, the current formulation policy has not been able to ensnare and impose criminal sanctions on corporations who commit crimes, especially criminal sanctions which are oriented to the fulfillment or restoration of victims' rights in the form of compensation payments after the crime. This paper will discuss the position and the responsibility of the corporation as a subject of criminal law in Indonesia and analyze policy formulation of the Criminal Code and the draft of the Criminal Code that related to corporate responsibility as a legal subject. Keywords: Corporate Criminal Responsibilities, Criminal Law, Corporate Responsibility.

PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG PERSPEKTIF HUKUM ISLAM

2020 ◽  
Vol 14 (2) ◽  
pp. 190-198
Author(s):  
Ais Surasa
Keyword(s):  
Research Methods ◽  
Money Laundering ◽  
Islamic Law ◽  
Criminal Liability ◽  
Library Research ◽  
The Will ◽  
Corporate Criminal Liability

This research aims to find out the conditions of corporate criminal liability in money laundering offences based on Islamic law perspective. This research uses library research methods. The results concluded that corporate criminal liability conditions are stipulated in Article 6 of Law No. 08 year 2010, which contains that a person with money laundering will be 4 years or more in prisoned. Islamic law states that one who commits it, will be punished in return towards the actions of “jarimah” perpetrators (as the elements fulfilled). Thus, the criminal liability is a person who can experience a shift and accept the concept of harm through determining corporate’s liability. It is because the will-have impact is greater than any crimes executed by individuals. As for the sanctions against corporations which committed money laundering are ta'zir (punishments). Keywords: Corporate Criminal Liability; Money Laundering; Islamic Law

Revealing the unexplained wealth in Indonesian corporation

2019 ◽  
Vol 27 (1) ◽  
pp. 29-42
Author(s):  
Anastasia Suhartati Lukito
Keyword(s):  
Crime Prevention ◽  
Legal System ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Ethical Business ◽  
Content Type ◽  
Business Values ◽  
Illegal Activities ◽  
Asset Forfeiture ◽  
Corporate Criminal Liability

Purpose The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition. Design/methodology/approach This paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach. Findings Non-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values. Practical implications This paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture. Originality/value This paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

scholarly journals Corporate Criminal Liability in India

2021 ◽  
Vol 8 (1) ◽  
pp. 31-48
Author(s):  
Pradeep Kumar Singh
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Money Laundering ◽  
Justice System ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Strict Liability ◽  
Business Environment ◽  
Corporate Body ◽  
Corporate Criminal Liability

In 21st Century, crimes committed by corporate bodies are creating more serious challenge for criminal justice system. Some vested interests which are controlling affairs of corporate bodies misuse the corporate body for commission of criminal acts to maximise profit. Corporate body is conferred with legal personality for regulation of its functions but it does not have physical body and mind of its own, thereby, problem arises for holding corporate body as criminal, and further, in imposition of criminal liability. Corporate criminal activities badly affect environment, health, safety and infra-structure development. Corporate entities are involved in corruption, forgery, money laundering, foreign exchange violations, money laundering, tax evasions, benami property transactions and other economic offences. Proper formulation of criminal justice actions and effective enforcement of corporate criminal liabilities are modern criminal justice requirements. Corporate bodies are business entities; economic wellbeing of society, prosperity of citizenry and development of nation depend on freedom of trade, amicable business environment and least regulation of corporate entities. Hereby, in determination and imposition of corporate criminal liability for betterment of society, it is necessary to make balance between to take stern actions to tackle corporate crimes and to take care to not hamper legitimate activities of corporate bodies. Law relating to corporate criminal liability in India will be analysed in this paper. Keywords: Criminal Justice System, Corporate crime, Corporate criminal liability, Natural person, Social wellbeing, Strict liability

scholarly journals Abstentions in 2014 and 2019 Indonesian elections: Case study of pro-democracy activists

Simulacra ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 27-42
Author(s):  
M Syaeful Anam ◽  
Gumilar Rusliwa Somantri
Keyword(s):  
Case Study Research ◽  
Inductive Logic ◽  
Secondary Data ◽  
Contentious Politics ◽  
General Election ◽  
Critical Groups ◽  
Primary Data ◽  
Collective Actions ◽  
Library Research

This article discusses how the dynamics of the abstentions phenomenon among pro-democracy activists in the 2014-2019 general election in Indonesia. While pro-democracy activists have increasingly chosen “struggle within”, there are still critical groups that have voted for abstentions in 2014-2019 general election. Charles Tilly’s concept of collective action and contentious politics is used in this study. This study uses a qualitative approach to the type of case study research. Researchers explore data through in-depth interviews as primary data and secondary data is extracted through library research. The analysis is carried out with the abstractive inductive logic. This research shows that abstentions are contentious collective actions. The abstentions movement was born from a network of pro-democracy activists who have been engaged in advocacy work. Abstentions carried out in protest against the authorities and the boycott of the election. The boycott choice is contentious politics.

scholarly journals COOKING CLASS SEBAGAI PAKET WISATA DI RESTORAN LAKA LEKE UBUD BALI

Jurnal IPTA ◽  
2015 ◽  
Vol 3 (1) ◽  
pp. 29
Author(s):  
M. Rizky Nugraha S. ◽  
I Made Sendra ◽  
Ni Putu Eka Mahadewi
Keyword(s):  
Data Collection ◽  
Quantitative Data ◽  
Qualitative Data ◽  
Secondary Data ◽  
Local Communities ◽  
Primary Data ◽  
Library Research ◽  
Data Source ◽  
Research Type ◽  
Selection Of

Selection of research on "Cooking Class as Tour Packages at the Restaurant Laka Leke in Ubud Bali" is motivated the potential that cant be find anything in Ubud area which can be put into a package "cooking class", and how to plan a tour package "cooking class" in support of the potential that exists in Ubud. Data collection in this study was done by observation, interviews, and library research. Type of data used is the qualitative data supported by quantitative data, while the data source are the primary data and secondary data. Results of this study showed that of the observations made on potentiality of tourism in Ubud village is still a lot of potentials that has not been developed and the maximum attention, especially from the local government. Development of tourism in Ubud village just focus on a few places in the Ubud area. For the Bureau of Tourist’s Travel or restaurant should pay more attention to making travel packages which involving local communities and make a package that is unique and different so will not appear tour packages that already exist.

A Pragmatic Critique of Corporate Criminal Theory

2013 ◽  
Vol 16 (2) ◽  
pp. 261-299 ◽  
Author(s):  
James G. Stewart
Keyword(s):  
Criminal Justice ◽  
Corporate Crime ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Added Value ◽  
Core Questions ◽  
The Many ◽  
Legal Pragmatism ◽  
Corporate Criminal Liability ◽  
Individual Criminal Responsibility

Corporate criminal liability is a controversial beast. To a large extent, the controversies surround three core questions: first, whether there is a basic conceptual justification for using a system of criminal justice constructed for individuals against inanimate entities like corporations; second, what value corporate criminal liability could have given co-existent possibilities of civil redress against them; and third, whether corporate criminal liability has any added value over and above individual criminal responsibility of corporate officers. This article criticizes all sides of these debates, using examples from the frontiers of international criminal justice. In particular, it highlights the shortcomings of corporate criminal theory to date by examining the latent possibility of prosecuting corporate actors for the pillage of natural resources and for complicity through the supply of weapons. Throughout, the article draws on principles derived from philosophical and legal pragmatism to reveal a set of recurring analytical flaws in this literature. These include: a tendency to presuppose a perfect single jurisdiction that overlooks globalization, the blind projection of local theories of corporate criminal responsibility onto global corporate practices, and a perspective that sometimes seems insensitive to the plight of the many who have fallen victim to corporate crime in the developing world. To begin anew, we need to embrace a pragmatic theory of corporate criminal liability that is forced upon us in a world as complex, unequal, and dysfunctional as that we presently inhabit.

scholarly journals Criminal Liability in Environmental Crimes Committed by Corporations after the Supreme Court Regulation Number 13 of 2016 at Indonesia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Fitriani Rahmadia ◽  
Hari Sutra Disemadi ◽  
Nyoman Serikat Putra Jaya
Keyword(s):  
Supreme Court ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Legal Research ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Law ◽  
Legal Consequences ◽  
Environmental Crimes ◽  
Legal Entities

Corporations are organized groups of people and / or properties, both in the form of legal entities or non-legal entities. In relation to the corporation as a legal subject in environmental crime, it is formulated in Article 1 number 32 of the Law Number 31 Year 2009 about Environmental Protection and Management, each person is an individual or business entity, both legal entities and non-legal entities. The context of corporate crime in the environment is still not solid enough to ensure corporations in criminal sanctions because there is no legal basis regarding the procedures for handling environmental crimes committed by corporations. The Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Corporate Crime provides a basis for enforcement of criminal law, then the purpose of writing this article is to find out the form of criminal liability for corporations for environmental crimes and legal consequences after the Supreme Court Regulation Number 13 of 2013.The type of research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. The theory used by the author in analyzing is using the theory of criminal liability which is based on the principle of legality. The conclusions include: criminal sanctions that can be applied to corporations based on Article 4 of Supreme Court Regulation Number 13 of 2016 are in the form of criminal fines, additional crimes, and disciplinary actions except prisons and confinement. Last, the legal consequences of the application Article 25 Supreme Court Regulation Number 13 of 2016 with the principal criminal is a criminal fine and then the criminal added according to the law governing environmental criminal acts is the Law Number 32 Year 2009 concerning Environmental Protection and Management.

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