scholarly journals CRIMINAL LIABILITY OF CORPORATE SHAREHOLDERS

2020 ◽  
Vol 5 (20) ◽  
pp. 69-79
Author(s):  
Rr. Dijan Widijowati ◽  
Halim Darmawan
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Limited Liability ◽  
Secondary Data ◽  
Company Law ◽  
Analysis Method ◽  
Piercing The Corporate Veil ◽  
The Law ◽  
Civil Recovery ◽  
Financial Losses

Corporations in the form of Limited Liability Companies in Indonesia are regulated in Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies, this Law regulates the liability of corporations and/or shareholders who commit acts against the law, but the liability that can be asked of shareholders does not exceed existing shares. This study uses normative legal research methods. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, the qualitative jurisdictional analysis method was used. From this research, it can be found that law enforcement against shareholders who commit acts against the law can be upheld and the outcome is that the action against the law which was originally a civil action and then turned into a criminal act. By using the Piercing, the corporate veil doctrine, shareholders who commit acts against the law can be sentenced to criminal and all their assets to cover the financial losses of the state due to their actions. It is universally applied on the basis of fraudulent acts carried out to rake in personal profit and by implementing civil forfeiture or civil recovery, the proceeds of crimes committed by shareholders are likely to be returned.

LEGAL CHALLENGES OF ADOPTING AGE-VERIFICATION TECHNIQUES FOR THE PROTECTION OF MINORS ON THE INTERNET IN MALAYSIA

2020 ◽  
Vol 5 (20) ◽  
pp. 80-86
Author(s):  
Manique Cooray
Keyword(s):  
Limited Liability ◽  
Secondary Data ◽  
Company Law ◽  
Legal Challenges ◽  
Piercing The Corporate Veil ◽  
The Law ◽  
Age Verification ◽  
Verification Techniques ◽  
Civil Recovery ◽  
Financial Losses

Corporations in the form of Limited Liability Companies in Indonesia are regulated in Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies, this Law regulates the liability of corporations and/or shareholders who commit acts against the law, but the liability that can be asked of shareholders does not exceed existing shares. This study uses normative legal research methods. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, the qualitative jurisdictional analysis method was used. From this research, it can be found that law enforcement against shareholders who commit acts against the law can be upheld and the outcome is that the action against the law which was originally a civil action and then turned into a criminal act. By using the Piercing, the corporate veil doctrine, shareholders who commit acts against the law can be sentenced to criminal and all their assets to cover the financial losses of the state due to their actions. It is universally applied on the basis of fraudulent acts carried out to rake in personal profit and by implementing civil forfeiture or civil recovery, the proceeds of crimes committed by shareholders are likely to be returned.

scholarly journals Perlindungan Hukum Nasabah terhadap Kerugian Akibat Pengalihan Asset Berdasarkan Prinsip Penyingkapan Tabir Perseroan ((Piercing The Corporate Veil) dalam kaitannya dengan Pertanggung Jawaban Komisaris ( Studi PT. Bank Century.,Tbk)

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Gios Adhyaksa
Keyword(s):  
Private Property ◽  
Limited Liability ◽  
Secondary Data ◽  
Company Limited ◽  
Self Interest ◽  
Piercing The Corporate Veil ◽  
The Law ◽  
The Government ◽  
Principle Of Legality ◽  
Made In

Against a Limited Company in Banking in accordance with the form of business entity and legal entity that is the Law No.. 40 of 2007 on Limited Liability Company and the Law No.. 10 of 1998 concerning Banking can be used as a basis for assessing the application of the principle of legality Piercing The Corporate Veil in the case of PT. Bank Century Tbk. and organs Piercing The Corporate Veil aims for the creation of wealth and prosperity not only for organ (direksi, shareholders, and the commissioner) of the company, but also for all stakeholders (customers, investors, creditors, employees). After reviewing the case of PT. Bank Century Tbk is known that there are some legal issues that occurred and resulted in the company and stakeholders at a disadvantage, in which the organ PT. Bank Century Tbk together misusing authority and take advantage of banks to personal self-interest. The problems that can be identified are as follows: How does the function and position of commissioner of PT Bank Century Tbk in order to protect customer funds users, the commissioners responsibility for customer losses by shifting assets on the basis of the company's attitude veil (piercing the corporate veil), the effort commissioners should be done along with other directors to deal with customer losses caused by the transfer of assets. Results of research that has been done shows that PT. Bank Century Tbk proven to have committed an unlawful act of the early establishment of PT. Bank Century Tbk. Efforts should be made in the application of the responsibility to the stakeholders, namely with the implementation of the principle of piercing the corporate veil. The principle of piercing the corporate veil is one of the efforts of the Government to provide justice to the stakeholders, which saw the implementation of the responsibility of the company personally organ came to abolish private property with limited liability of the organ (limited liability). This is a descriptive analytical study aimed to obtain a thorough and systematic application of the principle of piercing the corporate veil of PT Bank Century Tbk associated with the statutory provisions. The method used is normative, the research focuses on the study of literature in the form of secondary data to determine how the application of the principle of piercing the corporate veil in PT. Bank Century Tbk.Keywords : Piercing The Corporate Veil, Bank, Company Limited.

scholarly journals TANGGUNGJAWAB HUKUM KORPORASI YANG TERLIBAT TINDAK PIDANA KORUPSI

2020 ◽  
Vol 12 (2) ◽  
Author(s):  
Piatur Pangaribuan ◽  
Aditya Dendi Darmawan
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Analysis Method ◽  
Criminal Cases ◽  
Legal Entity ◽  
Normative Analysis ◽  
Data Analysis Method ◽  
The Law

Corruption practices occur in Indonesia not only involving individuals, but corruption involving a limited liability company. The purpose of this study is to determine law enforcement against corporations related to corruption and factors that influence the law enforcement of legal entities or corporations. Data analysis method used is normative analysis, researchers also conduct interviews, from the results of the study will be linked to existing rules. The issuance of PERMA RI No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations of accountability and law enforcement needs to be done. The law enforcement process for corruption cases that are sanctioned is only the director or commissioner of a legal entity that commits a criminal act of corruption but should the legal entity itself as well.

scholarly journals Penegakan Hukum Pada Kasus Tindak Pidana Kecelakaan Lalu Lintas Yang Menyebabkan Hilangnya Nyawa Orang

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Dani Hamzah
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Criminal Liability ◽  
Secondary Data ◽  
Deterrent Effect ◽  
Loss Of Life ◽  
The Law

ABSTACTEquality before the law is an important principle in modern law, which is one of the joints of Rule of Law doctrine in a developing country like Indonesia, so this principle is used as the basis for every human being in enforcing the law. Increased traffic activity triggers an increase in traffic-related issues, one of which is a traffic accident. The problem is that it is difficult to provide law enforcement that can lead to a deterrent effect resulting in traffic awareness. The purpose of this study is to review criminal law enforcement in terms of legislation and review accountability in cases of criminal acts of traffic accidents that result in the loss of life of people in the traffic accident crime in Semarang City. Types of normative juridical research. The nature of the research using descriptive qualitative. Techniques of collecting data using secondary data (verdict number 599 / Pid.Sus / 2017 / PN.Smg and number 625 / Pid.B / 2017 / PN.Smg.). The results indicate that criminal law enforcement of traffic accidents resulting in the loss of life of persons still has some weaknesses and for accountability the crime has fulfilled the element of criminal liability in general. Keywords: law enforcement, criminal acts, accidents, traffic�ABSTRAKEquality before the law merupakan salah satu asas penting dalam hukum modern, dimana ini menjadi salah satu sendi doktrin Rule of Law yang di negara berkembang seperti Indonesia, sehingga asas ini dijadikan landasan oleh setiap manusia dalam melakukan penegakan hukum. Makin meningkatnya aktivitas lalu lintas memicu peningkatan masalah yang berhubungan dengan lalu lintas, salah satunya dalah kecelakaan lalu lintas. Masalahnya adalah sulit dalam memberikan penegakan hukum yang dapat menimbulkan efek jera sehingga timbul kesadaran berlalu lintas. Tujuan dalam studi ini adalah untuk meninjau penegakan hukum pidana yang ditinjau dari perundang-undangan dan meninjau pertanggungjawaban pada kasus tindak pidana kecelakaan lalu lintas yang menyebabkan hilangnya nyawa orang pada tindak pidana kecelakaan lalu lintas di Kota Semarang. Jenis penelitian yuridis normatif. Sifat penelitian menggunakan deskriptif kualitatif. Teknik pengumpulan data menggunakan data sekunder (putusan nomor 599/Pid.Sus/2017/PN.Smg dan nomor 625/Pid.B/2017/PN.Smg.). Hasil menujukkkan bahwa penegakan hukum pidana kecelakaan lalu lintas yang mengakibatkan hilangnya nyawa orang masih memeiliki beberapa kelemahan dan untuk pertanggungjawaban pidanya telah memnuhi unsur pertanggungjawaban pidana secara umum.Kata kunci: penegakan hukum, tindak pidana, kecelakaan, lalu lintas

scholarly journals THE VALIDITY OF CRIMINAL OFFENDER ARREST IN THE IMMIGRATION AREA AS A REASON FOR EXIT BAN TO LEAVING THE TERRITORITY OF INDONESIA -CASE STUDIES OF RATNA SARUMPAET

2019 ◽  
Vol 2 (2) ◽  
pp. 49-62
Author(s):  
M. Alvi Syahrin ◽  
Rio Restu Prabekti
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Secondary Data ◽  
Sufficient Evidence ◽  
Analysis Method ◽  
Normative Study ◽  
Criminal Offender ◽  
The Law ◽  
Theory Of Law ◽  
Made In

Arrest is an act of the investigator to temporarily restrict the freedom of the suspect or accused if there is sufficient evidence for proposes of investigation or prosecution and/or adjudication in matters and by means regulated in the law. One of the cases that has caught the public's attention is the prevention and arrest of Ratna Sarumpaet who is a suspect in the case of spreading hoaxes in the immigration area of Soekarno-Hatta International Airport. This research has the formulation of the problem whether the prevention of going abroad and the arrest of suspect Ratna Sarumpaet in the immigration area is in accordance with applicable regulations. The purpose of this study is to determine whether the forced efforts made in this case the arrest and prevention of Ratna Sarumpaet violates the rules or not. This research is a normative study using several problem approaches which include the Law approach and analysis approach. The data sources used are secondary data, namely library materials which include library books, legislation, and others. Data will be analyzed by normative analysis method. The theoretical basis used is the rule of law theory, the theory of state sovereignty, the theory of law enforcement and the theory of criminal law. Based on the data analysis, it was concluded that the prevention of leaving the Territory of Indonesia and the arrest of Ratna Sarumpaet which was a forced attempt by the police in coordination with the immigration party were in accordance with applicable regulations, namely as stipulated in the Criminal Procedure Code, Law Number 6 2011 concerning Immigration and Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration.  

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.

Corporate Actions

2021 ◽  
pp. 77-102
Author(s):  
Eva Micheler
Keyword(s):  
Criminal Liability ◽  
Company Law ◽  
Entity Theory ◽  
Real Entity ◽  
The Law ◽  
Corporate Actions ◽  
Human Actors ◽  
Corporate Criminal Liability

This chapter evaluates the rules that determine the attribution of the actions of human actors to companies. These contain elements that demonstrate that company law is designed for the operation of organizations and that therefore a real entity theory is best suited to explain the law as it stands, and also to formulate normative recommendations. Indeed, conceiving companies as serving real entities helps to explain the approach taken by the law in relation to corporate criminal liability. Companies are actors whose acts are sometimes determined by their shareholders and directors. But they do not fully control what companies do. Companies act autonomously through habits and procedures that have formed between the individuals who act for and contribute to them. These procedures cause companies to become independent of their individual actors and can lead to blameworthy conduct.

7. Creditors

2020 ◽  
pp. 223-260
Author(s):  
Paul Davies
Keyword(s):  
Limited Liability ◽  
Creditor Protection ◽  
Company Law ◽  
Going Concern ◽  
Wrongful Trading ◽  
Ex Ante ◽  
Mandatory Rules ◽  
The Creation ◽  
The Law

Because of limited liability, creditor protection has always been a feature of company law. Large creditors can contract ex ante for customised protection and the law facilitates this in various ways, notably by the creation of the floating charge. Non-adjusting creditors require the protection of mandatory rules, at least in some situations. Creditor protection in relation to companies in the vicinity of insolvency is now well established, not only through ‘wrongful trading’ but also via transaction invalidity rules and directors’ disqualification. For going-concern companies the emphasis is on rules restricting the shifting assets to shareholders via distributions and associated rules relating to the maintenance of capital.

scholarly journals Tanggung Jawab Direksi atas Terjadinya Pailit Perseroan Terbatas

2020 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Antonius Faebuadodo Gea ◽  
Hirsanuddin Hirsanuddin ◽  
Djumardin Djumardin
Keyword(s):  
Limited Liability ◽  
Company Law ◽  
Limited Liability Company ◽  
Conceptual Approach ◽  
The Board Of Directors ◽  
Approach Method ◽  
Separate System ◽  
Accountability Mechanism ◽  
The Law ◽  
Legal Consequences

This research was conducted to find out how the directors' accountability mechanism caused by an error or negligence caused the limited company to go bankrupt and how the legal consequences on the bankruptcy of a limited liability company. This type of research was classified as a normative legal research or also called doctrinal research, namely research that examined the law as a separate system that was separate from various other systems in society so as to provide a boundary between the legal system with other systems. The approach method used was the statutory approach; and Conceptual Approach. In principle, the Board of Directors was not personally responsible for acts committed for and on behalf of the company based on its authority. The scope of conduct that would be personally accounted for by the directors of the company was negligence because the directors did not fulfill the contents of the agreement and mistakes because the directors commit acts against the law. Bankruptcy of a Limited Liability Company was the bankruptcy of itself, not the bankruptcy of its management, even though the bankruptcy was due to the negligence of its management. So that management should not be held liable jointly for any losses due to negligence and could only be held accountable if the company's assets were not sufficient to cover losses due to bankruptcy Article 90 paragraph (2) of the Limited Liability Company Law).

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

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