scholarly journals PERTANGGUNGJAWABAN PIDANA KOPERASI DALAM TINDAK PIDANA MELAKUKAN KEGIATAN PERBANKAN TANPA IJIN

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Dessy Lina Oktaviani Suendra
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Literature Study ◽  
Cooperative Management ◽  
Criminal Offense ◽  
Analysis Techniques ◽  
Criminal Sanctions ◽  
The Moment

Cooperative in Indonesia today is inseparable from the possibility of a criminal act, one criminal offense related banking licenses. Conflicts occur in the setting of norms of criminal responsibility in the cooperative banking activities without a license, where the Cooperatives Act only regulates the sanctions administrtif for cooperatives, but cooperative management is not subject to criminal sanctions, while the Banking Act regulated the criminal sanctions for the management / leadership of the cooperative. Based on this background, the didapatlah formulation of the problem, namely: 1) How is criminal responsibility in case of banking criminal acts without permission undertaken by cooperatives 2) Who is responsible for committing a crime when the cooperative banking without permission.This research is a normative legal research. The data used in this study include primary and secondary data. Data collection techniques used is literature study technique using a systematic method through the card system. Legal materials analysis techniques used are descriptive analysis technique, argumentation technique, interpretation and analysis techniques. Of overall relevant data will be processed and analyzed in a way compiling such data systematically and selectively, then the data is analyzed in terms of the descriptions are accompanied by an explanation of the theories of law. These results indicate that the cooperative actions that can be accounted for criminal is a criminal offense embezzlement, criminal fraud, banking criminal acts and corruption. As for the banking criminal acts that can be performed by the cooperative is a criminal offense related banking licenses, in which for the moment in its criminal liability still refers to the Banking Act which provide criminal sanctions for those who give orders / leader. While the parties responsible for committing a crime if the cooperative banking without permission is a cooperative management.

scholarly journals Criminal Responsibility on Captain of Commersial Vessel by Act No 17 of 2008 on Voyage

2020 ◽  
Vol 3 (1) ◽  
pp. 63
Author(s):  
Subekhan Subekhan ◽  
Lathifah Hanim
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Legal Certainty ◽  
Subject Field ◽  
Criminal Sanctions ◽  
Implementation Guidelines ◽  
The Subject ◽  
Corporate Criminal Liability

The cruise is one of the nation's transportation system that has a strategic importance and as a liaison and outreach throughout the territory of Indonesia's sovereignty and the potential beneficial role for society, both nationally and internationally. The problems of this study are: 1) Why the skipper commercial vessels should be responsible in case of Vesselwreck, 2) How does the skipper criminal liability due to accidents aboard commercial vessels according to Act No. 17 Of 2008 On Voyage? 3) Is it possible corporate criminal liability in accidents merchant vessel according to Act No. 17 Of 2008 On Voyage?Researchers used the method is legal normative juridical approach and specification in this study were included descriptive analysis.� Sources and types of data in this research is secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of legal certainty and criminal liability.Based on the results of research that skipper as a leader on the Vessel, is fully responsible for the safety of the Vessel, passengers and cargo during the voyage from the port of loading to the port of destination. Criminal sanctions needed to enforce these responsibilities, and sanctions that have been regulated in Act No. 17 Of 2008 on Voyage Article 244 paragraph (3) and (4), 20 Article 247 and Article 248 shall be punished with imprisonment beyond three (3) years or a fine of Rp 400.000.000.00, - (four hundred million). Obliged to take countermeasures, ask or give aid and spread the news of the Vesselwreck to others. If an accident occurs on board the skipper must be above board and record events such accidents in the logbook and reported to the harbor master. There are still many weaknesses of criminal responsibility in the corporation, among others: when the corporation is declared as a criminal, how the corporation is responsible, the types of sanctions what can be meted out to the corporation, not regulated penal substitute fines are not paid by the corporation and unregulated the offense to corporation. Because implementation guidelines in the draft penal Code there is renewal in the subject field of the offense and criminal liability system.Keywords: Commercial Vessels; Skipper; Criminal Liability.

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

scholarly journals Criminal Liability of Political Parties in Corruption Criminal Offense

2021 ◽  
Vol 8 (10) ◽  
pp. 216
Author(s):  
Prima Sophia Gusman ◽  
Oce Madril
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Criminal Liability ◽  
Secondary Data ◽  
Deterrent Effect ◽  
The Political ◽  
Legal Regulations ◽  
Criminal Offense ◽  
Legal Norms ◽  
Criminal Sanctions

This research aims to analyze the criteria of political parties’ criminal liability on corruption criminal offense and the obstacles of law enforcement. It also aims to analyze the regulations and its application in the future. This is normative research that uses literature review. It analyzes secondary data in the form of primary, secondary, and tertiary legal materials. The research results show: (1) criminal liability of political parties in corruption cases may only be demanded if the crime is carried out in the name of the political parties or if it is based on a mandate of that party; (2) the juridical factors which inhibits criminalization of political parties include the corruption regulations’ incapability to penalize them, there are contradictive legal norms between that of corporations and political parties, and that not all corporate criminal sanctions may be imposed to political parties; and (3) it is hoped that the legal regulations on corruption may categorize political parties as corporations, to give a deterrent effect to political parties involved in corruption.

scholarly journals Criminology Study Of Crime Of Fencing The Stolen Goods

2020 ◽  
Vol 3 (1) ◽  
pp. 185
Author(s):  
Supriyono Supriyono
Keyword(s):  
Field Observation ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Point Of View ◽  
Literature Study ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Stolen Goods

Criminal offense is regulated in Article 480 of the Criminal Code, Article 481 and 482 of the Criminal Code. Criminal detention is an act that is prohibited by law, because detention is obtained from crime. Criminology perspective plays an important role in studying fencing acts as a form of criminal action by looking at the elements inherent in criminal acts of detention. The formulation of the problem in this research is how Criminology review in the criminal act of holding stolen goods? In this study the authors used a normative juridical method with research specifications in the form of descriptive analysis. The data used for this research are primary and secondary data taken by field observation, interviews, and literature study. Based on the research, it can be concluded that the criminology point of view shows legal efforts for the crime in the form of composing legislation (criminalization process) in the form of legal products in the laws governing criminal offenses stipulated in Criminal Code Article 480-482, in the scope of criminology as criminal etiology in criminal offenses namely internal and external factors.Keywords: Criminology; Criminal Offense; Stolen Goods.

scholarly journals Analysis Of Criminal Liability As Doer Of Preening Criminal (Case Study In The Blora State Court)

2020 ◽  
Vol 3 (1) ◽  
pp. 223
Author(s):  
Haris Wahyu Sunarno ◽  
Akhmad Khisni
Keyword(s):  
Criminal Justice ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Criminal Code ◽  
Primary Data ◽  
State Court ◽  
Literature Study ◽  
Justice Process ◽  
Criminal Justice Process

Criminal beatings lately occur a lot because of actions from one person to another outside the normal limits. Crimes that often occur are beatings regulated in the criminal law book, namely Article 170 of the Criminal Code. The formulation of the problem in this study is how is the form of criminal responsibility towards the perpetrators of the beating crime committed by more than one perpetrator, and what are the obstacles in the criminal justice process against the perpetrators of the beatings and their solutions. The method used in the form of sociological juridical research specifications descriptive analysis. Data consists of primary data and secondary data taken by the method of document collection, interviews, and literature study. Based on the research it was concluded (1) The form of a system of criminal justice process in the flow of the trial in the decision Number 94 / Pid.B / 2019 / PN Bla as a form of criminal responsibility towards the perpetrators of beating crimes that are processed in the criminal justice process, (2) Obstacles deep inhibition in the criminal justice process against the perpetrators of the beating crime including the investigation process in presenting witnesses, the prosecution process that takes time, and article 170 of the Criminal Code which still has ambiguous in theoretical.Keywords: Criminal Liability, Beating Criminal Acts

scholarly journals The Criminal Liability of Corporations as Crime Perpetrators

2021 ◽  
Vol 21 (3) ◽  
pp. 311
Author(s):  
Evi Djuniarti
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
The State ◽  
Literature Study ◽  
Ideal Model ◽  
Philosophy Of Nature

In terms of handling corporate crimes that culminate in "sentencing" or "giving punishment", corruption is referred to as a crime that has caused damage to life. However, this is not mentioned much in criminal law studies. In addition to sentencing, corporations that committed corruption must also return corporate assets to the state. This needs to be considered according to the philosophy of nature aequum est neminem cum alterius detrimento et injuria fieri locupletiorem. This philosophy means that no one can enrich themselves at the expense and suffering of others. This philosophy changes the source of this doctrinal principle, namely crime does not pay or crime shall not pay into an expression of resistance to crime perpetrators so that they cannot enjoy the results of the crime they committed. The statement of the problem in this paper is how is the philosophy of sentencing corporations that are perpetrators of corruption? This research used secondary data through literature study in the form of laws and descriptive analysis. The imposition of a criminal fine creates implications and juridical problems for corporations that committed corruption. The recommendation of this paper is to build an ideal model of sentencing corporation based on justice.

scholarly journals ANALISIS POTENSI EKOWISATA DAN RESPON MASYARAKAT DESA PENINJOAN KECAMATAN TEMBUKU KABUPATEN BANGLI

2016 ◽  
Vol 4 (2) ◽  
pp. 109
Author(s):  
I Komang Agus Sugiarta ◽  
I Gst. Agung Oka Mahagangga
Keyword(s):  
Data Analysis ◽  
Swot Analysis ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Tourist Attraction ◽  
Literature Study ◽  
Analysis Techniques ◽  
Qualitative Descriptive ◽  
The Village

The village is located in the district peninjoan Tembuku Bangli regency. Peninjoan village has an area of ??1,350 hectares and has four village boundary that is north of the yangapi village, south Undisan village, Bangbang villages east and west Yangapi. The total number of villages included in the part of the six districts, namely Tembuku village including the village Jahem. Subdistrict Tembuku which has an area of ??4982 hectares with a population of 2007 to 2011 amounted to 34.040 inhabitants. Peninjoan village administratively divided in 13 hamlets.Peninjoan village ecotourism has the potential to be developed into a tourist attraction nature. Type of data and data sources used are qualitative, quantitative, primary and secondary data. Data collection techniques used were observation, interviews, questionnaires, documentary studies, literature study and data analysis techniques using qualitative descriptive analysis and SWOT analysis. Potential of the village peninjoan form unspoiled natural potential that can be developed into a tourist attraction. Natural potentials, which later will be made into eco-tourism agro-based activities in which these activities will be created an attraction that will be an attraction for tourists. The attraction in the form of tracking tours, cycling tour, and travel mute (silent tourism). To be able develop this potential requires the construction of facilities and infrastructure to support such activities.

scholarly journals Akuntabilitas Penatausahaan, Pelaporan Dan Pertanggungjawaban Dana Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 523-542
Author(s):  
Sri Ayu Saputri ◽  
Nurzi Sebrina ◽  
Vita Fitria Sari
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
The Public ◽  
Analysis Techniques ◽  
West Sumatra ◽  
Qualitative Descriptive ◽  
Village Government ◽  
The Village

This study aims to determine how Administration, Reporting and Accountability of Dana Nagari in Batang Anai District, Padang Pariaman Regency, West Sumatra Province. There are three (3) aspects in village funds, administration, reporting and accountability. To achieve these objectives, descriptive qualitative research methods are used. Data sources are primary data and secondary data. Data collection techniques are carried out by observation, interviews, and documentation using qualitative descriptive analysis techniques. The results of the study show: (1) Administration carried out by the treasurer in the form of receipts and expenditures which are recorded in the general cash book, bank book, income details book, and financing details book which is equipped with receipts. (2) Reporting that the delay in disbursing village funds was due to the late regulation of the Regulations of the Regent of Padang Pariaman which caused the disbursement of stage I and phase II village funds to be delayed too late. (3) Accountability Submission of accountability reports to the public through various media, such as websites and billboards. Submission through this media can make it easier for the public to obtain information about the performance of the village government.

scholarly journals Analysis of Law Enforcement to Drugs Criminal Act in Military Environment (Case Study in Jurisdiction of Military Court II/09 Bandung)

2020 ◽  
Vol 2 (4) ◽  
pp. 507
Author(s):  
Asep Suherdin ◽  
Maryanto Maryanto
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Criminal Liability ◽  
Logical Consequence ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Military Justice ◽  
Sociological Approach ◽  
The Military

The problems of this study are: 1) How is enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung? 2) How constraints and efforts to overcome the constraints of law enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from interviews with field studies Military Court II/09 Bandung, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of law enforcement, criminal liability and progressive law.Results of the discussion concluded: Enforcement of the law against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung executed in accordance with the applicable regulations, because the urine test is done not in accordance with regulations and charges denied by the defendant who has the right of refusal. The obstacles are the lack military justice, the need for strengthening of the system of criminal law enforcement in the military justice ahead of independent both institutionally and functionally, free from interference by other institutions outside the judiciary as a logical consequence system of a democratic constitutional state, so it is necessary No reconstruction of the existing regulation of military justice. Next to the military justice system, particularly related to the investigation should be conducted by military police consisting of the Army, Navy and Air Force, independently.Keywords: Law Enforcement; Crime; Drugs; Military Environment.

scholarly journals ANALISIS PELAKSANAAN FUNGSI PENGAWASAN INSPEKTORAT TERHADAP PENYELENGGARAAN PEMERINTAHAN PROVINSI PAPUA

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Suparmi Suparmi
Keyword(s):  
Significant Influence ◽  
Quantitative Data ◽  
Qualitative Data ◽  
Secondary Data ◽  
Study Data ◽  
Dominant Factor ◽  
Literature Study ◽  
Standard Assumption ◽  
Analysis Techniques ◽  
Individual Supervision

This study aims to obtain a clear picture of the effects of supervision which consists of routine supervision, individual supervision, and monitoring of the administration of Papua Province.The type of data used is qualitative data and quantitative data. Primary and secondary data is the source of the data used. Data collection techniques used are field data and literature study data. The study was conducted using qualitative analysis techniques and quantitative analysis consisting of research instrument tests, standard assumption tests, and multiple regression analysis.The results showed that the routine supervision variable partially had a significant influence on the administration of the Papua Province. While the special supervision and partial monitoring variables do not have a significant effect on the administration of the Papua Province. Variables of routine supervision, individual supervision, and simultaneous monitoring have a significant influence on the administration of Papua Province.The routine supervision variable is the most dominant factor influencing the administration of Papua Province.

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