scholarly journals SEJARAH PERTANGGUNGJAWABAN PIDANA BENEFICIAL OWNER DI INDONESIA

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Dicky J H
Keyword(s):  
Criminal Law ◽  
International Organizations ◽  
Criminal Liability ◽  
The United States ◽  
Economic Crime ◽  
Second Amendment ◽  
The World ◽  
History Of ◽  
The Uk ◽  
Legal Subjects

The history of the criminal liability of  Beneficial Owner in the World is very  influenced by the UK and the United States where in tax treaties and international organizations such as the FATF, AEOI, OECD which often use the term beneficial owner, become the basis for the development of the beneficial owner concept in the World. The history of corporate regulation as a subject of criminal law in Indonesia consists of two periods, namely the KUHP period (before the existence of laws outside the KUHP) and a period outside the KUHP (the birth of new laws that specifically regulate corporations as legal subjects, such as Law No. 7 Drt. 1955 concerning Investigation, Prosecution, Economic Crime Court, Law No. 41 of 1999 concerning Forestry, Law No. 32 of 2009 concerning Protection and Management of the Environment, Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering and Law No. 20 of 2001 on the Second Amendment to Law No. 31 of 1999 on Corruption.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

scholarly journals Penalties for economic crimes in the criminal laws of the UK and the USA

2021 ◽  
Vol 17 (2) ◽  
pp. 37-43
Author(s):  
Anastasia K. Yakubenko
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
White Collar Crime ◽  
Effective Means ◽  
Criminal Activity ◽  
The United States ◽  
Economic Crime ◽  
The Usa ◽  
The Uk ◽  
Economic Crimes

The subject of the presented research is the criminal law on punishment and other measures of criminal law applied in Great Britain and the United States to persons who have been found guilty of committing economic crimes. Purpose of the study: to present scientifically grounded proposals on the advisability of including in the Russian criminal law certain measures of criminal law that are applied to persons convicted of economic crimes, as an effective means of preventing white-collar crime. List of methods and objects of research. In the course of the research, dialectical, comparative-legal, formal-logical, as well as other methods of cognition used in theoretical and legal research were used in aggregate. Conclusions of the study: in the UK and the US, the practice of attracting persons convicted of many economic crimes is characterized by a high degree of severity. Punishments and other measures of criminal law, as a rule, involve the imposition of imprisonment for long periods. In addition, the perpetrator is subject to penalties aimed at the seizure of illegally obtained material values, as well as compensation for harm caused to the victim as a result of criminal activity. Such methods of combating economic crime have a high effect of private prevention of the commission of new crimes. But a significant number of people held in places of deprivation of liberty has an extremely negative effect on the financial and other interests of the state. Therefore, the Russian policy of humanizing criminal responsibility is seen as more promising in terms of countering modern economic crime. At the same time, the rule on the application of property-related punishments should be considered as a priority in the fight against economic crimes.

The Oxford History of the Novel in English

2018 ◽  
Keyword(s):  
World War Ii ◽  
English Language ◽  
Book History ◽  
World Order ◽  
The United States ◽  
The Novel ◽  
History Of The Novel ◽  
Post Colonial ◽  
The World ◽  
History Of

Volume Nine of this series traces the development of the ‘world novel’, that is, English-language novels written throughout the world, beyond Britain, Ireland, and the United States. Focusing on the period up to 1950, the volume contains survey chapters and chapters on major writers, as well as chapters on book history, publishing, and the critical contexts of the work discussed. The text covers periods from renaissance literary imaginings of exotic parts of the world like Oceania, through fiction embodying the ideology and conventions of empire, to the emergence of settler nationalist and Indigenous movements and, finally, the assimilations of modernism at the beginnings of the post-imperial world order. The book, then, contains chapters on the development of the non-metropolitan novel throughout the British world from the eighteenth to the mid twentieth centuries. This is the period of empire and resistance to empire, of settler confidence giving way to doubt, and of the rise of indigenous and post-colonial nationalisms that would shape the world after World War II.

The autonomy of international organizations? The analysis of major powers’ influence over the World Bank’s aid policies

2021 ◽  
pp. 223386592110248
Author(s):  
Yooneui Kim ◽  
Youngwan Kim
Keyword(s):  
World Bank ◽  
International Organizations ◽  
Development Assistance ◽  
The United States ◽  
Official Development Assistance ◽  
Global Politics ◽  
Major Powers ◽  
The United Kingdom ◽  
The World Bank ◽  
The World

Are international organizations autonomous actors in global politics? This paper investigates whether and how major powers influence the World Bank’s official development assistance policies. Despite the World Bank’s attempts to maintain independence from its member states, we argue that major powers are still influential. Testing this expectation with the data of official development assistance provisions between 1981 and 2017, we find that the World Bank provides a higher amount of official development assistance to the recipient countries that receive a higher amount of such assistance from the major powers such as the United States, the United Kingdom, France, Germany and Japan. In addition, the World Bank is prone to provide a higher amount of official development assistance to the recipients that have a similar preference to the major powers. This study sheds light on the relations between major powers and international organizations.

Histoire du mot «démocratie» au Canada et au Québec. Analyse politique des stratégies rhétoriques

2009 ◽  
Vol 42 (2) ◽  
pp. 321-343
Author(s):  
Francis Dupuis-Déri
Keyword(s):  
United States ◽  
The United States ◽  
The Political ◽  
Institutional Changes ◽  
Founding Fathers ◽  
Discursive Strategies ◽  
The World ◽  
History Of ◽  
The Masses ◽  
Le Canada

Résumé.L'étude des discours des «pères fondateurs» du Canada moderne révèle qu'ils étaient ouvertement antidémocrates. Comment expliquer qu'un régime fondé dans un esprit antidémocratique en soit venu à être identifié positivement à la démocratie? S'inspirant d'études similaires sur les États-Unis et la France, l'analyse de l'histoire du mot «démocratie» révèle que le Canada a été associé à la «démocratie» en raison de stratégies discursives des membres de l'élite politique qui cherchaient à accroître leur capacité de mobiliser les masses à l'occasion des guerres mondiales, et non pas à la suite de modifications constitutionnelles ou institutionnelles qui auraient justifié un changement d'appellation du régime.Abstract.An examination of the speeches of modern Canada's “founding fathers” lays bare their openly anti-democratic outlook. How did a regime founded on anti-democratic ideas come to be positively identified with democracy? Drawing on the examples of similar studies carried out in the United States and France, this analysis of the history of the term “democracy” in Canada shows that the country's association with “democracy” was not due to constitutional or institutional changes that might have justified re-labelling the regime. Instead, it was the result of the political elite's discursive strategies, whose purpose was to strengthen the elite's ability to mobilize the masses during the world wars.

The Unfinished Sexual Revolution

1971 ◽  
Vol 3 (4) ◽  
pp. 473-492 ◽  
Author(s):  
Laurie Taylor
Keyword(s):  
Sexual Revolution ◽  
Editorial Note ◽  
Memorial Lecture ◽  
Human Welfare ◽  
The World ◽  
Control Clinic ◽  
History Of ◽  
Set Up ◽  
The Uk ◽  
The University

Editorial note. March 17th, 1971 was the fiftieth anniversary of the opening by Marie Stopes of her birth control clinic in Holloway, London, the first of its kind in the UK and possibly in the world. In recognition of this notable event, the Board of the Marie Stopes Memorial Foundation, in conjunction with the University of York, has established a Marie Stopes Memorial Lecture to be given annually for a term of years. The first of the series was delivered on 12th March in the Department of Sociology, University of York, by Mr Laurie Taylor of that department. In introducing the speaker, Dr G. C. L. Bertram, the Chairman, emphasized the great contribution made by Marie Stopes to human welfare and gave a brief history of the clinic, which was soon moved to Whitfield Street. On Marie Stopes' death in 1958 the Memorial Foundation was set up to manage the clinic, still in Whitfield Street, and as a working monument to a great women.Mr Taylor's script is printed below as delivered and it will be seen that the lecture was a notable one. Not only that, but it was delivered with the verve of a Shakespearean actor and the members of the large and appreciative audience will not readily forget the occasion.

Accepting Regional Zero: Nuclear Weapon Free Zones, U.S. Nonproliferation Policy and Global Security, 1957–1968

2015 ◽  
Vol 17 (2) ◽  
pp. 36-72 ◽  
Author(s):  
James Stocker
Keyword(s):  
Latin America ◽  
Nuclear Weapon ◽  
Security Policy ◽  
The United States ◽  
Nuclear Nonproliferation ◽  
Nuclear Strategy ◽  
The World ◽  
History Of ◽  
The U.S ◽  
Over Time

Nuclear weapon free zones (NWFZs) were an important development in the history of nuclear nonproliferation efforts. From 1957 through 1968, when the Treaty of Tlatelolco was signed, the United States struggled to develop a policy toward NWFZs in response to efforts around the world to create these zones, including in Europe, Africa, Latin America, and the Middle East. Many within the U.S. government initially rejected the idea of NWFZs, viewing them as a threat to U.S. nuclear strategy. However, over time, a preponderance of officials came to see the zones as advantageous, at least in certain areas of the world, particularly Latin America. Still, U.S. policy pertaining to this issue remained conservative and reactive, reflecting the generally higher priority given to security policy than to nuclear nonproliferation.

History, Theory, and Education

2011 ◽  
Vol 51 (2) ◽  
pp. 218-228 ◽  
Author(s):  
John L. Rury
Keyword(s):  
United States ◽  
Social Theory ◽  
History Of Education ◽  
The United States ◽  
John Maynard Keynes ◽  
The World ◽  
History Of ◽  
Attention To Detail

The distinguished Africanist Robert Harms once observed that “we historians are a practical people who pride ourselves on our attention to facts and our painstaking attention to detail.” If this is the case in other parts of the world, it is certainly true of American historians, who have been periodically admonished for their disinterest in questions of theory and purpose related to their craft. In this issue we have an opportunity to discuss the question of theory as it may pertain to the history of education, with particular attention to the United States. Regardless of whether one believes that historians should be ardent students of social theory, after all, there is little question about whether they should be cognizant of it. Indeed, there is danger in ignoring it. Quoting John Maynard Keynes, Harms suggested that practical people who feel “exempt from any intellectual influences” run the risk of “becoming slaves to some defunct economist.”

The Cambridge History of America and the World

2021 ◽  
Keyword(s):  
United States ◽  
Twentieth Century ◽  
The United States ◽  
Military Power ◽  
American Empire ◽  
Global Power ◽  
Cultural Terms ◽  
The World ◽  
Fourth Volume ◽  
History Of

The fourth volume of The Cambridge History of America and the World examines the heights of American global power in the mid-twentieth century and how challenges from at home and abroad altered the United States and its role in the world. The second half of the twentieth century marked the pinnacle of American global power in economic, political, and cultural terms, but even as it reached such heights, the United States quickly faced new challenges to its power, originating both domestically and internationally. Highlighting cutting-edge ideas from scholars from all over the world, this volume anatomizes American power as well as the counters and alternatives to 'the American empire.' Topics include US economic and military power, American culture overseas, human rights and humanitarianism, third-world internationalism, immigration, communications technology, and the Anthropocene.

Power Lies in the Barrel of a Gun: Diplomacy Without Strategic Military Capability Is Futile

2021 ◽  
Vol 20 (1-2) ◽  
pp. 77-99
Author(s):  
Moorosi Leshoele
Keyword(s):  
The United States ◽  
United Nations Security Council ◽  
African Countries ◽  
Military Capability ◽  
Black Africa ◽  
Mineral Wealth ◽  
The World ◽  
Long Time ◽  
History Of ◽  
Pipe Dream

Abstract The United States of America invests heavily on their military capability and it is estimated that it spends, alone, approximately 40 per cent of what the whole world spends on military. Four of the other super powers that make up the five permanent members of the United Nations Security Council (UN-SC) also spend a significant percentage of their national budgets on military. Chinweizu has for a long time argued that Africa needs a well-resourced African Standby Force (or the Black Africa League) that will protect the interests of the continent so as to prevent the history of Africans enslavement and colonialism repeating itself. This article seeks to analyse Africa’s investment on its military defense capability vis-à-vis the five permanent members of the UN-SC and North Korea, by critiquing two case studies of two of the continent’s economic giants – South Africa and Egypt. Realist and Sankofa perspectives are used as the prisms through which the article was researched. In line with Chinweizu’s observation, the article argues that without serious political will and dedication to building Africa’s nuclear weapons capability and ensuring that Africa is economically self-reliant, diplomatic engagements with the rest of the world as (un)equal partners will remain a pipe dream and the looting of Africa’s mineral wealth will continue unabated. It is clear that given the reality of the African Holocust if African countries fail to collectively defend themselves, Africa will continue to be a political football for the rest of the world.

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