scholarly journals THE CRIMINAL RESPONSIBILITY BY CORPORATE

2021 ◽  
Vol 5 (1) ◽  
pp. 126
Author(s):  
Dwi Wahyono
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Analysis Method ◽  
Collection Method ◽  
Accountability System ◽  
Library Research ◽  
The Subject ◽  
Corporate Liability ◽  
Corporate Wrongdoing

Corporation is the subject of a criminal act. In Indonesia, the statutory regulations that initiated the placement of corporations as subjects of criminal acts and which can be directly accounted for are Act No. 7 the Emergency of 1955 concerning Investigation, Prosecution and Economic Criminal Justice, as subjects of criminal law corporations do not have an inner attitude. Meanwhile, to be criminally accountable, a men's rea/schuld is required. Crimes committed by corporations are very detrimental to society and the state. Meanwhile, the conventional accountability system which is individual, direct, and based on schuld, is difficult to apply to corporations. The purpose of writing is to analyze the corporate liability system to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach (legal approach) and the case approach (case approach), the analysis method uses qualitative analysis with interpretation, and the data collection method uses library research. It can be concluded that corporations can be held accountable by using a system of absolute and substitute liability, and the obstacle is the application of a conventional criminal liability system and the difficulty of proving corporate wrongdoing. It is suggested that there is a common perception between law enforcers about the criminality of corporations.

scholarly journals Some Aspects of Criminal Liability for Sports Injuries

2014 ◽  
Vol 14 (2) ◽  
pp. 59-69
Author(s):  
Bronislava Coufalová ◽  
Jan Pinkava
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Sports Injuries ◽  
Criminal Liability ◽  
Strict Adherence ◽  
The Rule Of Law ◽  
Internal Relations ◽  
Legitimate Interests ◽  
The Subject ◽  
Individual Sports

Abstract The essence of the problem of using criminal law to affect sports injuries caused in sport lies in the fact that the means of criminal law to interfere in sport or not. From this perspective, we talk about two theories: the theory of absolute immunity sports and the theory of strict adherence to the rule of law. These two concepts are supplemented by a number of theories that perspective as an autonomous system that contains its own rules of conduct that regulate internal relations in sports. In the event that disciplinary liability is not sufficient in this case, can be applied liable under civil and administrative law. In the most serious cases, the possibility of protecting the rights and legitimate interests in sport according to the norms of criminal law. The subject of this article is selected aspects of criminal responsibility in different sports, both individual and collective. From individual sports we mainly deal with skiing. The contact sports in this article will be football, hockey and rugby.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

scholarly journals MEMAHAMI KONSEP DAN SUBJEK PERTANGGUNGJAWABAN PIDANA DALAM PASAL 39A UNDANG-UNDANG NOMOR 28 TAHUN 2007 TENTANG PERUBAHAN KETIGA UNDANG-UNDANG NOMOR 6 TAHUN 1983 TENTANG KUP

Scientax ◽  
2021 ◽  
Vol 3 (1) ◽  
pp. 159-188
Author(s):  
Bina Yumanto
Keyword(s):  
Board Of Directors ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Investigation ◽  
Vicarious Liability ◽  
The Third ◽  
The Board Of Directors ◽  
The Subject ◽  
Definition Of ◽  
Corporate Liability

In various cases of tax criminal acts, the board of directors is often subject to criminal liability on the grounds of being a signatory to the Tax Return (and/or Tax Invoice) and as a corporate organ that is deemed responsible for all company policies, activities, and operations. In addition, some cases of Tax Criminal Investigation impose criminal responsibility on the board of directors based on evidence of signature in the Tax Return and consideration of the principle of vicarious liability, which is the expansion or representation of liability for compensation under Private Law. This study aims to analyze the criminal liability doctrine adopted by Article 39A of Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures (UU KUP) and whether corporations can be held criminally liable in the offense of that Article. The theory and concepts used are criminal liability and analysis of the elements of Article 39A of the UU KUP, the main doctrines of criminal liability, the definition of legal entities, corporate taxpayers, and corporate liability. The results of the study found that corporate taxpayers as corporations are the subject of criminal liability in Article 39A, in addition to individuals, and Article 39A adheres to the principle of no crime without guilt.

scholarly journals REFORMULATION OF THE CRIMINAL LIABILITY AS AN ACTOR OF ONLINE PROSTITUTION: A NORMATIVE STUDY

2017 ◽  
Vol 2 (2) ◽  
pp. 132-143
Author(s):  
Subaidah Ratna Juita
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Secondary Data ◽  
Law Reform ◽  
Normative Study ◽  
National Regulation ◽  
Library Research ◽  
Concrete Form ◽  
Legal Sense

One of the rational efforts used to tackle online prostitution activity is with the approach of criminal law through criminal law formulation as a concrete form of criminal responsibility to the perpetrators of online prostitution. There is no provision that regulates the criminal to the users of online prostitution services because of the maximum prevention of online prostitution itself. If there is no national regulation governing the matter, online prostitution users will feel secure and remain free to buy services for their satisfaction alone, while it is contrary to various aspects of norms in the ethical norms of society. Therefore a criminal law is required, related to criminal liability for users of online prostitution services. The method used is normative juridical, ie by examining or analyzing secondary data using basic materials, with legal sense as a set of rules or positive norms in the legislation system that regulates prostitution online, as well as using secondary legal materials, and tertiary. So this research is library research (library research), that is research to secondary data. Thus, the juridical-normative approach in the study is used to analyze issues relating to criminal law reform regarding criminal liability to online prostitution actor.

scholarly journals VIOLENCE AS A GENERAL CATEGORY OF PART OF TEACHING ABOUT CIRCUMSTANCES EXCLUDING THE CRIME ACTS

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Historical Analysis ◽  
General Category ◽  
Legal Basis ◽  
Criminal Violence ◽  
The Subject ◽  
General Part ◽  
The Right

The article gives the author’s definition of the concept of criminal violence and analyses its main types: physical and mental. The problems of the criminal law assessment of violence are considered as a sign of certain circumstances precluding the criminality of the act. The attention is focused on the fact that violence is an important category of teaching about the circumstances precluding the criminality of an act. It emphasizes that: violence acts as a legal basis for the existence of such circumstances; its existence gives the right to "unlimited" defence; it serves as the basis for bringing to criminal responsibility persons who have exceeded the limits of causing necessary and sufficient harm. The author draws attention to the importance of the criminal law assessment of subjective signs of violence. It is indicated that they are: the intent, purpose and motivation (motives) of committing actions. The sole purpose of such actions should be the goal of stopping unlawful acts and eliminating the danger. In the article, motivation is considered as a set of motives of actions similar in nature and content. It can be hostile, instrumental, negativistic and mixed. Establishing the type of motivation significantly affects the qualification of actions and the responsibility of the perpetrators. It is pointed out that crimes that are committed when the limits are exceeded, which are determined by the rules on circumstances precluding criminality, are related to the so-called “impulsive” crimes that are often committed in a state of emotional agitation (affect). This significantly affects the qualification of actions of the perpetrators, and in some cases leads to the release of the latter from criminal responsibility. Methods. When writing the article, the dialectical method, the methods of logical and historical analysis were used. They allowed analysing the existing criminal legislation and its historical development in the relevant field. Such a sociological method, such as the study of documents, makes it possible to back up the findings with the results of a study of judicial practice materials on the subject matter under investigation. Results and conclusions. Criminal violence in the General part of the doctrine of circumstances precluding the criminality of an act has the following meaning: it is an important category not only of the Special, but also of the General part of the legislation on criminal liability; is a category of teaching circumstances that exclude the criminality of the act; significantly affects the qualification of actions of the perpetrators in cases that are determined by the rules on the circumstances precluding the criminality of the act; in analysing the types of violence, both objective and subjective signs are important; together with the wilfulness of violent actions, the purpose and motivation (motives) of such actions matter; motivation of violent actions can be hostile, instrumental, negativistic and mixed; it characterizes the legal basis of certain circumstances precluding the criminality of the act; its use is the basis for the subject to "unlimitedly" use force for protection; it serves as the basis for bringing to criminal responsibility in case of exceeding the limits in certain circumstances, precluding the criminality of the act.

scholarly journals Problem Questions of Subject of Syllables of Crimes are against Bases of National Safety of Ukraine

2019 ◽  
pp. 340-357
Author(s):  
Ruslan CHORNYI
Keyword(s):  
Criminal Law ◽  
Military Service ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
Public Authorities ◽  
Issue Attention ◽  
The Subject

According to Part 1 of Art. 18 of the Criminal Code of Ukraine is the subject of the crime is a natural convicted person who has committed a crime at the age of criminal responsibility. The special subject of the crime is a natural convicted person who committed at the age of criminal responsibility, a crime that can be subject only to a certain person (Part 2 of Article 18 of the Criminal Code of Ukraine). Thus, the law defined a clear list of features that are mandatory when deciding whether to admit a person guilty of committing any crime, including those provided for in Article I of the Special Part of the Criminal Code of Ukraine. At the same time, the addition of the General part of the Criminal Code to Section XIV–1 «Measures of Criminal Law on Legal Entities» necessitates the harmonization of these provisions with the definitions of the subject of crime, guilt, criminal liability, punishment, complicity in crime and other institutions of criminal law. . In this regard, it is justified that the subject of the crimes, provided by Art. 109–1141 is an exclusively physical, condemned (restrictedly convicted) person who committed the crime at the age specified in sections 1 and 2 of Art. 22 of the Criminal Code of Ukraine. It has been found out that the subjects of some crimes may in fact be persons who, before committing crimes, have been 18 years old (treason committed by a serviceman), 21 years (committing acts of the People's Deputy aimed at violent change or overthrow of the constitutional order or seizure of the state authorities), 35 years (committing a crime under Article 111 of the Criminal Code of Ukraine by the President of Ukraine), etc. However, in such cases, it is not a matter of increased age of responsibility, but of the possibility of acquiring a person of the appropriate legal status, which presupposes intellectual (to exercise certain powers) and physical (to pass military service) fitness for a certain type of activity. The questions of special subjects of crimes against the bases of national security of Ukraine, which can be divided into the following groups, are investigated: 1) a citizen of Ukraine (Article 111); 2) foreign citizen or stateless person (Article 114); 3) a representative of the authorities (Part 3 of Article 109 and Part 2 of Article 110). It is proved that the actions of a person who acquired the citizenship of another country should be qualified under Art. 111 of the Criminal Code of Ukraine, as this fact is only a reason for the loss of citizenship of Ukraine and the issuing of a relevant decree of the President of Ukraine on this issue. Attention is drawn to the need to clarify the provisions of Art. 109 and other norms of the Criminal Code of Ukraine (Part 1 of Article 294, Part 3 of Article 296, Part 1 of Article 342, Article 349 and Part 2 of Article 4361 of the Criminal Code of Ukraine) in terms of predicting the liability of public authorities in them for taking appropriate action. Considering the possibility of interfering with the lawful activity of the Armed Forces of Ukraine and other military formations (Article 1141 of the Criminal Code of Ukraine) by means of socially dangerous inactivity of officials, which may impede the conduct of mobilization activities, the necessity of making appropriate changes to Part 2 of the above is justified article.

Criminal Responsibility For Non-Risky Behaviors

2021 ◽  
Vol 67 (2) ◽  
pp. 145-157
Author(s):  
Wiktor Antolak
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Risky Behaviors ◽  
Legal Norm ◽  
The Real ◽  
Normative Analysis ◽  
Criminal Penalty ◽  
The Subject

The category of abstract-danger crimes not referring in hallmarks to the riskiness for legal good raises the question whether behavior formally fulfilling all the features of one of these types of crimes, without being risky, may be the subject of criminal liability. This question arises from the fact that there is no logically necessary relationship between the compliance with this kind of statutory description and the real occurrence of the riskiness. The answer to this question is sought in this paper by using normative analysis conducted in the context of human rights and of the constitution. This method makes it possible to understand the significance of the relation between behaviors and legal goods for the legitimization of a legal norm. So, the method shows what kind of the relation constitutes the state's competence to prohibit certain behaviors (the level of a sanctioned norm) and what character the relation must have to justify imposing a criminal penalty for given behaviors (the level of the sanctioning norm). These considerations, having a specific and pragmatic aim, which is to settle whether the behaviors realizing all hallmarks of the abstract dangerous type of crime but atypically non-risky could be a factual basis for criminal repression, at the same time show the limits of criminal law because they allow seeing what the conditions are that constitute the state's competence to use penal repression.

scholarly journals CORPORATE LIABILITY FORMULATION POLICY ACCORDING TO ARTICLE 101 OF LAW NUMBER 31 OF 2004 JUNCTO LAW NUMBER 45 OF 2009 CONCERNING FISHERIES IN TERM OF CRIMINAL LEGAL REFORM IN INDONESIA

2021 ◽  
Vol 11 (2) ◽  
pp. 123-133
Author(s):  
Vivi Tri Kasih ◽  
Antory Royan Adyan ◽  
Herlambang Herlambang
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Law Reform ◽  
Management Structure ◽  
Criminal Sanctions ◽  
Illegal Fishing ◽  
Fisheries Law ◽  
Corporate Liability ◽  
The Brain

The corporation is the brain and source of funds for all illegal fishing activities and other crimes that occur along the chain of fishing business activities. According to Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries, Article 101 states that: "In the case of a criminal acts as referred to in Article 84 paragraph (1), Article 85, Article 86, Article 87, Article 88, Article 89, Article 90, Article 91, Article 92, Article 93, Article 94, Article 95, and Article 96, the acts are committed by corporations; prosecution and criminal sanctions are imposed on their management and the fine is added by 1/3 (one third) of the sentence imposed." It is necessary to renew the Fisheries Law in order to provide an overview in determining the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in Indonesia. The type of this research was normative by using primary, secondary and tertiary sources of legal materials. From the results of research and discussion, it was revealed that Corporate Liability according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in Indonesia currently does not explain things about the meaning of the word "management", which parties in the management structure of a corporation that can be held accountable, or to what extent the authority possessed by parties in the management structure of a corporation can be subject to criminal responsibility. Therefore, the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in the future should be changed, this is important considering the formulation stage is the most strategic stage in the efforts to prevent and to control crime by including / expanding criminal liability, not only for the management but also for the corporation and its management.

scholarly journals PERTANGGUNGJAWABAN PARTAI TERHADAP CALON ANGGOTA LEGISLATIF YANG MELAKUKAN TINDAK PIDANA PEMILU (Accountability of Party Against Legislative Candidates Who Conduct Criminal Act of Election)

2016 ◽  
Vol 16 (1) ◽  
pp. 27
Author(s):  
Mohd Din ◽  
Ida Keumala Jeumpa ◽  
Nursiti Nursiti
Keyword(s):  
Key Words ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Field Research ◽  
Secondary Data ◽  
Legal Research ◽  
Library Research ◽  
Depth Interview ◽  
Key Informant ◽  
Two Stages

This research aimed to study how the party`s accountability for offences committed by legislative candidates. What action that taken by a party of electoral violations and whether the party can be charged for. In the doctrine of Criminal Law known by criminal responsibility related to offenders, and in progress subject to criminal law, not only individual but institution or agency or corporation/firms. So, they should be responsible for it. It was a normative legal research, studying the principles of law related to criminal responsibility. Collecting data were done by two stages that were literature and field research. The first aimed to obtain secondary data namely, law material ;primary, secondary and tertiary. And then, the second, collecting data with an in-depth interview with certain key informant. It used a qualitative method.The result showed that party never asked for their responsibility related to offences by legislative candidates who committed election crime because the act did not rule it. The party had not take action associated with offences were done by them. Politic party as cooperation/firms ideally should take account to candidates who conducted the crime. It was a necessary regulation that managed its accountability as in cooperation. Besides, the party should give politics education and strict sanctions to them who did despicable manners. Key words: accountability, party, election of criminal act, legislative ABSTRAK Penelitian ini dimaksudkan untuk mengkaji bagaimana pertanggungjawaban partai terhadap pelanggaran yang dilakukan oleh Calon Anggota Legislatif, Apa tindakan yang diambil oleh partai terhadap pelanggaran pemilu yang dilakukan oleh Calon Anggota  Legislatif dan apakah  partai dapat dipersalahkan terhadap pelanggaran yang dilakukan oleh Calon Anggota legislatif. Hal ini dilatarbelakangi oleh karena di dalam doktrin hukum pidana dikenal adanya pertanggungjawaban pidana yang dikaitkan dengan pelaku, dan dalam perkembangannya subyek hukum pidana bukan hanya orang perorangan, malainkan juga suatu badan atau korporasi. Sehingga yang dapat dimintai pertanggungjawaban adalah juga suatu badan atau korporasi. Penelitian ini merupakan penelitian hukum normatif, yang mengkaji asas hukum yang terkait dengan pertanggungjawaban pidana, namun demikian diperlukan data lapangan sebagai pelengkap. Pengumpulan data dilakukan melalui dua tahap yaitu penelitian kepustakaan dan penelitian lapangan. Penelitian Kepustakaan (library research), untuk memperoleh data sekunder  berupa bahan hukum; primer, sekunder dan tertier. Penelitian lapangan dilakukan dengan cara wawancara mendalam (deptintevew) dengan narasumber yang ditentukan. Data yang terkumpul baik dari hasil penelitian lapangan maupun dari penelitian kepustakaan dianalisis dengan menggunakan metode kualitatif. Hasil penelitian menunjukkan bahwa Partai tidak pernah dimintai pertanggungjawaban sehubungan dengan pelanggaran yang dilakukan oleh calon anggota legislatif yang melakukan tindak pidana Pemilu, karena Undang-undang  tidak mengatur pertanggungjawaban Partai terhadap tindak pidana yang dilakukan oleh calon anggota ligeslatif. Partai tidak pernah melakukan tindakan terkait dengan calon legislatif yang melakukan pelanggaran. Partai Politik sebagai Korporasi idealnya juga harus bertanggungjawab terhadap tindak pidana yang dilakukan oleh calon anggota legislatif. Diperlukan regulasi  yang mengatur pertanggungjawaban partai terhadap tindak pidana yang dilakukan oleh Calon anggota legislatif sebagaimana pertanggungjawaban dalam tindak pidana korporasi. Di samping itu, hendaknya partai melakukan pendidikan politik kepada anggotanya dan memberikan sanksi tegas kepada anggota partai politik yang merlakukan perbuatan yang tercela. Kata Kunci: Tindak pidana Pemilu

scholarly journals THE EXISTENCE OF EQUALITY EDUCATION SYSTEM IN PESANTREN SALAFIYAH

2021 ◽  
Vol 1 (2) ◽  
pp. 144
Author(s):  
Asrizal Saiin
Keyword(s):  
Data Analysis ◽  
Descriptive Analysis ◽  
Islamic Education ◽  
Research Approach ◽  
Analysis Method ◽  
Modern Education ◽  
Library Research ◽  
Approach Method ◽  
The Subject ◽  
The Impact

The study in this manuscript discusses the impact on the educational equalization system of Pesantren Salafiyah and designs how Pesantren Salafiyah has always existed in the world of modern education. This research belongs to the type of qualitative study using the document analysis method. The form of data analysis used is descriptive analysis. The research approach method in this paper is library research. This study is divided into four methods, namely, the method of determining the subject, the form of the study, the method of data collection, and the method of data analysis. The result is the ability of Pesantren Salafiyah to make certain accommodations and concessions to find a pattern that they consider appropriate enough to face modernization and changes that are increasingly fast and have a broad impact without sacrificing the essence and other basic things in the existence of the pesantren, so that Pesantren Salafiyah still exists in the midst of the hustle and bustle of modernizing Islamic education

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