CRIMINAL LAW FORMULATION POLICIES RELATED TO CORPORATE CRIME

2020 ◽  
Vol 2 (1) ◽  
pp. 17-24
Author(s):  
I Kadek Darma Santosa
Keyword(s):  
Law Enforcement ◽  
Data Collection ◽  
Criminal Law ◽  
Research Method ◽  
Corporate Crime ◽  
Daily Life ◽  
Secondary Data ◽  
The State ◽  
Political Structure

The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.

scholarly journals The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

scholarly journals Law Enforcement Efforts against the Crime of Body Shaming Through Mediation

2021 ◽  
Vol 1 (2) ◽  
pp. 101
Author(s):  
Elsa Intan Pratiwi
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Data Collection ◽  
Qualitative Analysis ◽  
Criminal Law ◽  
Secondary Data ◽  
Self Esteem ◽  
Criminal Code ◽  
Literature Study ◽  
Collection Method

This study aims to analyze the forms of action that are categorized as body shaming crimes and criminal law enforcement against body shaming crimes on social media. This study uses a normative juridical approach. The data used is in the form of secondary data consisting of primary and secondary legal materials. The data collection method uses literature study and descriptive qualitative analysis. The results of this study indicate that, the forms of action that are categorized as body shaming crimes, namely: the words uttered contain elements of physical insult and have humiliated and lowered one's self-esteem because they can be seen/witnessed by many people, making them feel sad and depressed. Perpetrators of body shaming can be charged under Article 315 of the Criminal Code, with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand and five hundred rupiahs. And if it is done on social media, the perpetrator can be charged under Article 27 paragraph (3) jo. Article 45 paragraph (3) of the ITE Law with a maximum imprisonment of four years and/or a maximum fine of seven hundred and fifty million rupiah. The police also offer a settlement process in a non-litigation context, namely by maximizing penal mediation to reduce the build up of cases in court.

scholarly journals Implementasi Peran Koperasi dalam Pemberdayaan dan Kemandirian Pondok (Studi Kasus pada Pondok Pesantren Mukmin Mandiri Sidoarjo)

2020 ◽  
Vol 6 (2) ◽  
pp. 305
Author(s):  
Yunan Fadhilah ◽  
Irham Zaki
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Secondary Data ◽  
Boarding School ◽  
Boarding Schools ◽  
Qualitative Approach ◽  
Economic Empowerment ◽  
Case Study Method

The purpose of the study was to find out the title role of Pesantren believer Cooperative Mandiri Sidoarjo towards economic empowerment and independence employee boarding schools. The research method used is a descriptive qualitative approach to the case study method. Data collection was carried out by interviews and direct observation to informants, namely those in charge of pesantren, cooperative and cooperative employees (santri). And secondary data collection comes from journals, text books and other literature. The result of this study is the Mukmin Mandiri Pesantren Cooperative plays a major role in enhancing the empowerment of cooperative employees (santri) and playing an optimal role in supporting the independence of the cottage. The economic empowerment of pesantren employees conducted by the Mukmin Mandiri Pesantren Cooperative is by making the Cooperative a work field, a place to apply knowledge and a place to increase income. As for the independence of the cottage, that is to become the main source of funding for Islamic boarding schools in carrying out operations and the sustainability of Islamic boarding schools. Going forward, the Cooperative will further optimize the empowerment of union employees (santri) to print better students in the field of entrepreneurship and religion.Keywords: Cooperative Boarding School, Economic Empowerment, Independence of Islamic Boarding Schools

scholarly journals Melawat di Simeulue (Studi Kasus di Desa Lambaya Kec. Simeulue Tengah dengan Desa Sanggiran Kec. Simeulue Barat Kabupaten Simeulue)

2020 ◽  
Vol 21 (1) ◽  
pp. 21
Author(s):  
Rita Safari ◽  
Abdul Manan ◽  
Sanusi Ismail
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Cultural Values ◽  
Research Method ◽  
Daily Life ◽  
Activity Group ◽  
The People ◽  
History Of ◽  
The Village

This study aims to find out the history of visiting Simeulue, the visiting procession the Lambaya Village with Sanggiran Village, the role of the community in preserving visiting traditions and the benefits of visiting the people of Lambaya Village with Sanggiran Village. This study uses a descriptive qualitative research method with data collection techniques in the form of interviews, observation, and documentation. The results of the study indicate that visiting procession is a visit activity carried out by a group of individuals, organizations or communities by way of deliberations with citizens, communicating, and preparing all the necessities and interests of visiting activities. This visit is led by the highest person in the village or someone who is trusted as the leader of the activity group. The role and benefits of the community to preserve the tradition of visiting is that the community continues to maintain, apply, maintain and develop traditions and cultural values so that visiting can strengthen harmony in daily life. In addition, by visiting them they can get new experiences, find out weaknesses, lack of organization, keep them away from enmity, get new families and most importantly get knowledge that they have not yet gotten.

scholarly journals ANALISIS YURIDIS PENYIDIKAN TINDAK PIDANA PORNOGRAFI BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2008 DI ERA DIGITALISASI

2014 ◽  
Vol 1 (2) ◽  
pp. 169
Author(s):  
Andri Winjaya Laksana ◽  
Suratman Suratman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Research Library ◽  
Legal Research ◽  
The Public ◽  
Criminal Investigations ◽  
Library Research

Pornography is a crime that is privacy so that enforcement against the eradication of pornography there are many difficulties. One of the factors inhibiting the eradication of pornography among others due to lack of cooperation from the public and the various parties in reporting this crime. Criminal law enforcement have a tendency to be influenced by the structure of society, that is a constraint that allows the criminal law enforcement can be run and can provide barriers that lead to the enforcement of criminal law can’t be started or can't be maximize. As happens to the pros cons on current legislation Law No. 44 Year 2008 concerning the Crime pornography. This research method using normative juridical approach. Normative juridical research also called legal research library research is done by checking library materials or secondary data. The results of the study refers to Article 34 in conjunction with Article 8 of Law No. 44 Year 2008 on Pornography, (1) that the elements of the crime of pornography consists of Subjective elements that error, which means intentionally or consent was committed and objective elements that act ( be) which means that objects or models that contain pornographic content. (2) In the process of criminal investigations conducted pornography remains based on Criminal Procedure unless otherwise provided in the Act No. 44 of 2008

scholarly journals Responsibilities Of The Corporate Director Against The Dark Criminal Action In The Position Based On The Decision Of The Court Sumber Of Cirebon Regency (Studies on Decision No.202 / Pid.B / 2019 / PN.Sbr)

2020 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Junaidi Junaidi ◽  
Sri Endah Wahyuningsih ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Corporate Crime ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Company Law ◽  
Primary Data ◽  
Criminal Offense ◽  
Sociological Approach

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.

Criminal law impact in the mechanism of ensuring national security

2020 ◽  
Author(s):  
Vladimir Duyunov ◽  
Ruslan Zakomoldin
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Law ◽  
Criminal Policy ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Social ◽  
Legal Nature ◽  
General Object

The monograph examines the social and legal nature of the category "national security" as a socially significant good, an object of criminal law protection and a general object of crimes. The existence of a specific "sphere of crimes and crime" in public life is substantiated, its general characteristics are given, and the state of crime is analyzed as one of the most dangerous threats to national security in modern conditions. The problem of ensuring national security by criminal law means, the place and role of criminal policy and criminal law in the policy of combating crime and ensuring the national security of Russia are considered. Defines the concept of criminal law impact as a law-mediated reaction of the state to crime and crime, one of the key directions of the policy of combating crime, a comprehensive criminal law institution and one of the elements of the mechanism for ensuring national security. The publication is intended for students, postgraduates, researchers, teachers of law schools, employees of law enforcement agencies and all persons interested in the problems of law and law enforcement.

scholarly journals Police Officers as Victims

2017 ◽  
Vol 81 (1) ◽  
pp. 33-49
Author(s):  
Osman Isfen ◽  
Regina E Rauxloh
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Police Officer ◽  
Criminal Law ◽  
Police Officers ◽  
State Power ◽  
The State ◽  
Clear Understanding ◽  
The Status

While there is plenty of research into crime committed by police officers, surprisingly little debate can be found regarding the situation where a police officer becomes a victim. This is remarkable as the police not only embody criminal law enforcement but also epitomise state power. Based on a comparative study, this article examines how criminal law in England and Germany deals with attacks against police officers through separate criminal offences as well as increased sentences. The authors examine how the use of criminal law reflects on the state’s perception and valuation of the role of the police officer. It will be shown that while in England there is the clear understanding that the status of the victim as police officer has an aggravating effect, Germany strongly opposes the idea that the office-holder deserves more protection than ordinary citizens. On the contrary, the law takes in consideration that the offender finds him- or herself in a vulnerable situation when faced with the power of the state.

scholarly journals PEMBERDAYAAN EKONOMI KARYAWAN PESANTREN OLEH KOPERASI AL-MAWADDAH STUDI KASUS PESANTREN PUTRI AL-MAWADDAH

2017 ◽  
Vol 3 (3) ◽  
pp. 219
Author(s):  
Danty Safira Dewi ◽  
Tika Widiastuti
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Secondary Data ◽  
Credit Unions ◽  
Boarding School ◽  
Qualitative Approach ◽  
Economic Empowerment ◽  
Research Goal ◽  
The Village

The research goal is to figure out the role of the Al-Mawaddah Islamic Girl Boarding School or Kiswah against economic empowerment employee of boarding school. The research method used is descriptive qualitative approach with case studies. Data collected by interviews and observations directly to the informant that is in charge of the cooperative and the community surrounding the village of Coper Jetis Ponorogo and secondary data collection is derived from the journal, text books and other literature.Results from this study is a Kiswah role in the economic empowerment of the employees but still less perfect or less than optimal. The employees economic empowerment conducted by the Cooperative Al-Mawaddah Islamic Girl Boarding School or Kiswah by making Kiswah as employment and to increase their income. Going forward, Kiswah will change the shape of this cooperative that previously was business cooperatives into credit unions or other forms of cooperatives.

scholarly journals The Role of Attorney As the Guards Team Of Security Government And Regional Development In The Prevention Efforts Of Criminal Corruption (Case Study In State Attorney Of Purworejo)

2020 ◽  
Vol 2 (4) ◽  
pp. 557
Author(s):  
Sujatmika Sujatmika ◽  
Maryanto Maryanto
Keyword(s):  
Law Enforcement ◽  
Regional Development ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
The State ◽  
Primary Data ◽  
Public Prosecutor ◽  
Limiting Factor ◽  
Community Factors

The efforts to overcome of the Corruption by law enforcement can be done by way of prevention (preventive) and prevention (repressive).The problems of this study are: Guards Team Establishment, Security Government and Regional Development in the law enforcement of corruption in the State Attorney of Purworejo. The Role of the Prosecutor as Guards Team of Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo, a limiting factor of the role of the Prosecutor as Guards Team , Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo and solutions.This research use socio-juridical approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from interviews with field studies Public Prosecutor in the State Attorney of Purworejo, And secondary data obtained from the study of literature relating to the theory of supervision, authority and law enforcement.Based on the results of research that Purpose of establishing of the Guards Team of Security Government and Regional Development, namely: 1) the loss of doubt the power of the budget (KPA), the power of the commitment (KDP), and implementing activities in carrying out its activities, 2) absorption of the budget properly and on time, and 3) development of Purworejo run properly and without corruption. The role of the Attorney divided into three normative role, the ideal role, and the role of factual. Inhibiting factor is the factor of its own law, law enforcement apparatus which is not widely understood rule of law, the factors supporting infrastructure and inadequate facilities, community factors and cultural factors. Solutions to overcome obstacles, namely: a) Prevention / preventive and persuasive, b) Legal Assistance; c) Coordination with APIPs and / or related agencies; d) Conduct Monitoring and Evaluation; and e) The Enforcement of Repressive Laws.Keywords: Attorney; Corruption; Role; Guard Team of Security Government and Regional Development; Crime.

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