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.

scholarly journals DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION?

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 196-211
Author(s):  
Jasmaniar Jasmaniar ◽  
Sutiawati Sutiawati
Keyword(s):  
Domestic Violence ◽  
Supreme Court ◽  
Dispute Resolution ◽  
Legal Research ◽  
Civil Case ◽  
Civil Process ◽  
Legal Problems ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases

AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.

scholarly journals Environmental Pollution: Assessing the Criminal Liability of Corporations

2018 ◽  
Vol 4 (2) ◽  
pp. 194
Author(s):  
Hariman Satria
Keyword(s):  
Environmental Pollution ◽  
Supreme Court ◽  
Research Method ◽  
Criminal Liability ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Employee Relation ◽  
Toxic Wastes ◽  
The Supreme Court

The Supreme Court sentenced PT Dongwoo Enviromental Indonesia (PT DEI) for disposing of hazardous and toxic wastes polluting the environment. Meanwhile, PT Adei Plantation & Industry (PT API) was charged with crime for the destruction of land damaging the environment. The research method used is normative legal research, which focuses on two approaches: case approach and conceptual approach. The results show that, first, PT DEI and PT API are charged criminally represented by the board as functioneel daderschap or directing mind and will. Second, PT DEI is charged with subsidized charges, while PT API is charged to alternative charges. Third, PT DEI and PT API are said to have committed a criminal act because management either the directors or regular employees commits a criminal offense for and on behalf of the corporation or in favor of the corporation. Fourth, to prove a corporation fault is through the aggregation of management mistakes or controlling personnel or regular employees in the corporation structure. Fifth, the principal penalty imposed on PT DEI is a fine of Rp 1.500,000,000. Similarly, PT API is fined Rp 650.000.000. Sixth; PT DEI is charged to additional crime in the form of deprivation of profits and closure of the company while PT API is an improvement due to crime. Seventh, with the closing of the company, the judges did not order the executors to liquidate the assets of PT DEI. Eighth, the imposition of the company's closing sanctions should take into account the impacts, such as the termination of employee relation and the interests of shareholders.

scholarly journals Los criterios jurisprudenciales para exigir responsabilidad penal a las personas jurídicas en el delito corporativo

2019 ◽  
pp. 327
Author(s):  
Miguel Ángel Morales Hernández
Keyword(s):  
Supreme Court ◽  
Corporate Crime ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Entity ◽  
The Supreme Court ◽  
The Subject ◽  
Points Of View ◽  
Object Of Study ◽  
Derecho Penal

Las recientes reformas del Código Penal Español han supuesto una verdadera revolución en el ámbito de la responsabilidad penal de las personas jurídicas. A raíz de las mismas, el Tribunal Supremo ha dictado una serie de sentencias que han arrojado bastante luz acerca de cuáles han de ser los elementos o requisitos que configuran la base para la atribución de la responsabilidad penal a la persona jurídica. Analizando dichas sentencias, puede observarse el reconocimiento del delito corporativo, caracterizado por contar con sus propios elementos, distintos a los exigibles a las personas físicas. Pues bien: este trabajo tiene como principal objeto de estudio la doctrina del Tribunal Supremo sobre esta materia con la finalidad de inferir cuál es la posible configuración del delito corporativo en atención a estos pronunciamientos jurisprudenciales, a los principios del derecho penal, así como al propio tenor literal de la ley. Ante esta situación, diferentes autores se han ido posicionando acerca de la fundamentación de la responsabilidad penal de las personas jurídicas; así como de la concreta estructura del delito corporativo. Se analizan también sus diferentes puntos de vista señalando que sus visiones del tema son muy dispares.Recent reforms of the Spanish Penal Code have supposed a real revolution in the area of criminal liability of legal entity. As a result of that, the Supreme Court has issued a series of judgments that shed light on which should be the elements or requirements that form the basis for the attribution of criminal responsibility to the legal entity. Analyzing these jurisprudential pronouncements, we can observe the recognition of corporate crime, characterized by having its own elements, different from those required of natural persons. Well, this work has as its main object of study the doctrine of the Supreme Court on this matter with the purpose of inferring what is the possible configuration of the corporate crime in attention to these jurisprudential pronouncements, to the principles of criminal law, as well as to the own literal tenor of the law. Faced with this situation, different authors have been positioning themselves on the basis of the criminal liability of legal entity; as well as the concrete structure of corporate crime. Their different points of view are also analyzed, pointing out that their views on the subject are very different.

scholarly journals PERLINDUNGAN KONSUMEN DALAM PENERAPAN BATAS KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN MENYELESAIKAN PERKARA KONSUMEN (Studi Putusan No 481 K/Pdt.Sus-BPSK/2015)

2018 ◽  
Vol 1 (1) ◽  
pp. 1087
Author(s):  
Takenia Tifany ◽  
Anna Maria Tri Anggraini
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Consumer Protection ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Research ◽  
The Supreme Court ◽  
The Law

Consumer Protection Law regulates the legal protection of consumer and including Consumer Dispute Completion Firm who autorhized to resolve consumer disputes who feel harmed over the acts of business from people that sometimes arbitrary, but decisions taken by Consumer Dispute Completion Firm often incriminate business actors, and usually seem to exceed the limit of their authority even wrong in applying the law. Consumer Dispute Completion Firm’s authority to adjudicate and decide a dispute is induced by Supreme Court’s decision which makes Consumer Dispute Completion Firm’s authority to limited. Therefore, the writer proposed an issue about how are the limits of Consumer Dispute Completion Firm’s authority in adjudicate and decide a consumer disputes? And how are the implementation and Supreme Court’s views regarding the limitation of Consumer Dispute Completion Firm’s authority? The writer examines the problem using normative legal research methods that use secondary data. From the results of the research, it can be concluded that the limits of Consumer Dispute Completion Firm authority in solving consumer disputes are limited to the agreement between both parties. In sense the Supreme Court believes that all transactions based on an agreement become the jurisdiction of the court

scholarly journals PENGATURAN TENTANG PENYELESAIAN KONFLIK NORMA ANTARA PERATURAN MENTERI TERHADAP UNDANG-UNDANG

2020 ◽  
Vol 8 (8) ◽  
pp. 1191
Author(s):  
Maria Virginia Usfunan
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Judicial Review ◽  
Research Method ◽  
Supreme Court Decision ◽  
Legal Research ◽  
The Supreme Court ◽  
The Right ◽  
Legal Consequences ◽  
Laws And Regulations

Tujuan penelitian ini untuk mengetahui bagaimana pengaturan tentang penyelesaian tentang konflik norma antara peraturan menteri terhadap undang-undang dan unruk mengetahui bagaimana sifat putusan mahkamah agung dalam hak uji material. Metode yang digunakan adalah metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konsep. Pengaturan tentang penyelesaian konflik norma antara Peraturan Menteri Terhadap Undang-Undang, metode penyelesaian konflik norma itu dengan digunakannya asas lex superior derogate lex inferior ini, yang digunakan dengan terjadinya konflik norma antara UU Peraturan Perundang-Undangan dengan Permenkumham Nomor 2 Tahun 2019 terkait pengaturan penyelesaian konflik norma antara peraturan menteri dengan Undang-Undang, maka berdasarkan asas tersebut yang digunakan adalah UU Peraturan Perundang-Undangan, sehingga Permenkumham Nomor 2 Tahun 2019 harus dikesampingkan. Maka, Pengaturan mengenai Penyelesaian Konflik Norma Antara Peraturan Menteri Terhadap Undang-Undang, menjadi kewenangan Mahkamah Agung berdasarkan Pasal 9 UU Peraturan Perundang-Undangan. Dan Sifat Putusan Mahkamah Agung dalam Hak Uji Materiil dalam memberikan putusannya yang pada prinsipnya yang memiliki konsekuensi hukum aturan tersebut apabila terbukti secara sah dan meyakinkan bertentangan dengan aturan di atasnya maka aturan tersebut akan menjadi tidak sah serta tidak berlaku, dan menjadi tanggungjawab instansi terkait untuk mencabutnya. The purpose of the study is to find how adjustment of the settlement of norm conflicts between Ministerial Regulations toward the Constitution and to find out how the nature of the Supreme Court decision in the right of judicial review. The method used was normative legal research method with the legislation approach and concept approach. Adjustment on resolving norms of conflict between Ministerial Regulations toward the Constitution, the method of resolving norms conflicts by using the principle of lex superior derogate lex inferior, which was used in the norm conflicts between the Constitution on Laws and Regulations with Minister of Law and Human Rights Regulation Number 2 of 2019 in relation to conflict resolution arrangements the norm between Ministerial Regulations and the Constitution, then based on the principle used was the Constitution on Laws and Regulations, so Minister of Law and Human Rights Regulation Number 2 of 2019 must be set aside. Thus, the adjustment on resolving norms of conflict between Ministerial Regulations toward the Constitution became authority of the Supreme Court based on Article 9 of the Constitution on Laws and Regulations. And the nature of the Supreme Court's Decision in the Right to Judge Material in providing its decision which in principle had legal consequences of the rule if it was proven legally and convincingly contrary to the rules above, the rule would be invalid and not applicable, and it was the responsibility of related agencies to revoke it.

scholarly journals Legal Protection For Brand Right Owner Famous For His Brand Immediate

2021 ◽  
Vol 5 (2) ◽  
pp. 222-229
Author(s):  
Chris Anggi Natalia Berutu ◽  
Sheila Elfira ◽  
Monica Sheren Tambuwun ◽  
Ericson Sebastian Sitohang
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Research ◽  
The Supreme Court ◽  
The Law ◽  
Existing Data

Brand equality can cause harm to brand owners. Therefore, the legal protection of trademarks is very important. In this study, the authors will analyze the Supreme Court Decision No. 7K/pdt.sus-HKI/2016 whose purpose is that the consequences of the law of imitation of famous brands can be known and know the legal protection for owners of well-known brands if their brands are imitated. This research is descriptive and classified as normative legal research and uses existing data. Based on research, the famous brand ST. REGIS belonging to the plaintiff entered the list of registrants in Indonesia first, therefore the defendant's mark REGIS@the Peak at Sudirman has been registered with unfavorable conditions. The defendant's mark is essentially the same as the plaintiff's mark for similar and dissimilar services, as a result, the defendant's mark must be removed from the general register of marks. According to the law, Sheraton Internasional as the owner of the famous ST.REGIS brand won against REGIS@ the Peak at Sudirman.

ANALISIS DASAR PERTIMBANGAN HAKIM DALAM PENGAJUAN TUNTUTAN KEKURANGAN PEMBAYARAN UPAH MINIMUM PEKERJA (STUDI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 195/Pdt.Sus-PHI/2016/PN.Bdg JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 885K/Pdt.Sus-PHI/2017)

2019 ◽  
Vol 2 (1) ◽  
pp. 989
Author(s):  
Sandra Angelica ◽  
Andari Yurikosari
Keyword(s):  
Supreme Court ◽  
Minimum Wage ◽  
Industrial Relations ◽  
Court Decision ◽  
Constitutional Court ◽  
Expiration Date ◽  
Legal Research ◽  
Wage Payment ◽  
The Supreme Court ◽  
Legal Consequences

The demand for the minimum payment of the minimum wage has an expiration date, which is 2 years. The expiration date has been revoked with the Decision of the Constitutional Court Number 100/PUU-X/2012. In the Decision of the Industrial Relations Court Number 195/Pdt.Sus-PHI/2016/PN.Bdg juncto Decision of the Supreme Court Number 885K/Pdt.Sus-PHI/2017, the judge refused to grant the claim the minimum wage payment. Based on the verdict, what will be discussed in this paper are how the judges basis for filing a claim lacks payment of workers' minimum wages and how the legal consequences from the judge's consideration in filing a claim lack the minimum wage payment in the Industrial Relations Court Decision Number 195/Pdt.Sus-PHI/2016/PN.Bdg juncto Decision of the Supreme Court Number 885K/Pdt.Sus-PHI/2017. The research method used is normative legal research. Based on the research that has been done, the judge mistakenly interpreted the enactment of the Constitutional Court Decision Number 100/PUU-X/2012 so the judge refused to grant the claim for the lack of minimum wage payments submitted by the plaintiffs. The judge's judgment stated that the Constitutional Court Decision Number 100/PUU-X/2012 did not apply retroactively so that the normative rights expiration provisions last took effect on September 18, 2013. Even though the claim should have been partially granted by the judge because the employer proved to pay workers' wages under the minimum wage provisions applicable, namely for payment of wages in 2013. In addition, the plaintiffs also submitted the claim after the issuance of the Constitutional Court Decision Number 100/PUU-X/2012.

scholarly journals The Criminal Liability of Legal Entities under the Laws of Bosnia and Herzegovina

2018 ◽  
Vol 9 ◽  
pp. 73-78
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Law System ◽  
Criminal Sanctions ◽  
Proceeds Of Crime ◽  
The Republic ◽  
Legal Consequences ◽  
Legal Entities

The article is dedicated to a review of the laws of Bosnia and Herzegovina on the criminal liability of legal entities. The article reviews the criminal law system of Bosnia and Herzegovina, which includes among other laws the four criminal codes: the Criminal Code of Bosnia and Herzegovina; the Criminal Code of the Federation of Bosnia and Herzegovina; the Criminal Code of the Republic of Srpska and the Criminal Code of the Brčko District. The author analyzes provisions of the criminal laws of Bosnia and Herzegovina on the criminal liability of legal entities. The author notes that pursuant to such provisions, legal entities are acknowledged as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; underlines that legal entities in Bosnia and Herzegovina can be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws. The publication reviews the grounds and conditions for the criminal liability of legal entities; the model of the criminal liability of legal entities; the criminal sanctions imposed on legal entities and the applied security measures. It is noted that the criminal codes in effect in Bosnia and Herzegovina make a distinction between the punishment measures, security measures, seizure of proceeds of crime and legal consequences of conviction of a legal entity.

scholarly journals ANALISIS PUTUSAN NOMOR 574K/PID.SUS/2018 MENGENAI PELANGGARAN PASAL 27 AYAT (1) UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2019 ◽  
Vol 2 (2) ◽  
pp. 1335
Author(s):  
Pelemon Siagian ◽  
Sugandi Ishak
Keyword(s):  
Supreme Court ◽  
General Public ◽  
District Court ◽  
Public Prosecutor ◽  
Legal Research ◽  
The Public ◽  
Electronic Transactions ◽  
The Supreme Court ◽  
The Law

Baiq Nuril Maknun is accused of violating Article 27 paragraph (1) of Law Number 11 Year 2008 concerning Information and Electronic Transactions (UU ITE). In the Mataram District Court found not proven guilty, the Public Prosecutor filed an appeal with Decision Number 574K / Pid. Sus / 2018 and the Supreme Court (MA) sentenced him guilty to Baiq Nuril Maknun with 6 month prisons sentence and a Rp. 500 million. Baiq Nuril Maknun then submitted a Review (PK) with Decision Number 83PK / Pid.Sus / 2019 and the Supreme Court rejected the PK proposed by Baiq Nuril Maknun. Method research used in writing this thesis is normative legal research. The results showed that Baiq Nuril Maknun submitted an amnesty request to President Joko Widodo and was granted, Baiq Nuril Maknun was free from the snares of the law. Submission of amnesty must be selective and for certain cases that are felt by the general public, the court's decision must be able to reflect justice because it is in accordance with the Judicial Act and the Supreme Court, and judges are required to explore the values of justice in society.

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