scholarly journals Corporate Responsibility in Corruption Crimes at PT. Asuransi Jiwasraya (Government Company) (Analysis of Sentence Number 30/Pid.Sus/Tpk/ 2020/PN.Jkt.Pst)

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Desi Desturi, SH ◽  
Keyword(s):  
Financial Management ◽  
Corporate Responsibility ◽  
National Development ◽  
The State ◽  
District Court ◽  
Insurance Company ◽  
Investment Funds ◽  
Legal Subject ◽  
Saving Plan ◽  
Corruption Case

A corporation is an entity or legal subject whose existence makes a major contribution in increasing economic growth and national development, but in reality, corporations sometimes also commit various criminal acts (corporate crimes) that have a detrimental impact on the state and society. A corporation can be considered to have committed a crime based on the actions of a person who controls the management of the corporation. PT. Asuransi Jiwasraya (Company) as a state-owned company in recent years has been in the spotlight. PT. Asuransi Jiwasraya (Government company) is unable to fulfill its customer's maturity policy obligations of around Rp 12.4 trillion. The default of PT. Asuransi Jiwasraya (Government company) actually occurred in one of its flagship products, the JS Saving plan. JS Saving plan is a life insurance product as well as an investment offered through banking or bancassurance. In contrast to unit-linked insurance products where the investment risk is borne by the policyholder, the JS Saving plan is a non-unit-linked investment whose risks are fully borne by the insurance company. The purpose of this study was to determine the implementation of corporate responsibility in the case of PT. Asuransi Jiwasraya (Government company) and to determine the optimization of corporate responsibility for the perpetrators of corruption at PT. Asuransi Jiwasraya (Government company) in returning losses to the state and customers (the public). The type of research used in writing this thesis is a normative legal research type. The results obtained are that in the corruption case that occurred at PT. Asuransi Jiwasraya (Government company) there were several perpetrators who were charged, one of which was Heru Hidayat who is the main commissioner of PT Trada Alam Minera who also manages and controls corporations involved in criminal acts. Corruption Deviations in Financial Management and Investment Funds by PT. Asuransi Jiwasraya (Government company). Heru Hidayat as one of the main actors in the corruption case has now been sentenced to life imprisonment plus a replacement money of Rp 10.73 trillion. Meanwhile, the corporations that have been accused are 13 Investment Manager Companies which have been transferred to the Corruption Court at the Central Jakarta District Court and are currently in the trial process.

scholarly journals Corporate Prosecution in Criminal Acts of Corruption: Opportunity and Challenge

2019 ◽  
pp. 105-115
Author(s):  
Andi Muhammad Sofyan
Keyword(s):  
Corporate Crime ◽  
National Development ◽  
The State ◽  
Public Prosecutor ◽  
Research Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
The Supreme Court

The corporation as an entity or legal subject whose existence contributes greatly in promoting economic growth and national development. However in reality, it is often for corporations to commit various criminal acts (corporate crime) that have a detrimental impact on the state and people. This research is normative legal research. Legal research which places the law as a normative system. The research approach uses a statutory approach and a conceptual approach. The results showed that the enactment of the Supreme Court Regulation No. 13 Year 2016 was to clarify the guidelines for the Public Prosecutor in prosecuting corporate defendants in corruption criminal acts. The application of sanctions against corporations as perpetrators of corruption is carried out as an effort to recover the losses of the State and the restoration of the state’s economy is an appropriate step considering the essence of criminal punishment in eradicating criminal acts of corruption aimed at recovering state losses or the state’s economy.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

SISTEM PENGANGGARAN PENDIDIKAN TINGGI DARI OLD PUBLIC MANAGEMENT MENUJU NEW PUBLIC MANAGEMENT

1970 ◽  
Vol 2 (2) ◽  
pp. 127-142
Author(s):  
A. Budi Santosa
Keyword(s):  
Higher Education ◽  
Financial Management ◽  
Public Management ◽  
Good Governance ◽  
National Development ◽  
Development Planning ◽  
Planning System ◽  
Successful Implementation ◽  
Service Agency ◽  
Legal Entity

Budget implementation in government agencies has not been effective even though legislation has mandated that performance-based budgeting should be implemented gradually starting in 2005. Some researches on budgeting found a disregard for the prerequisites for the successful implementation of performance-based budgeting, which includes participation, competence, and the clear documents and budgeting procedures. In Indonesia, the reform of budgeting begins with the issuance of Act No. 17 of 2003 on State Finance and Act No. 25 of 2004 on National Development Planning System, which is a product of legislation that became a milestone of reform in national planning and budgeting. In universities in Indonesia budget management system changes begins to be applied especially after the implementation of autonomy in the management of higher education institutions, namely since the issuance of Government Regulation on Higher Education as State-Owned Legal Entity (BHMN), Public Service Agency (BLU), even the latter leads to the State University-Owned Legal Entity(PTN-BH). The change of financial management is not without reason, but is intended to more financial management of performance-oriented, transparent and accountable, the estuary of the increasing good governance. Pelaksanaan anggaran di instansi pemerintah selama ini belum efektif, padahal undang-undang telah mengamanatkan bahwa pelaksanaan penganggaran berbasis kinerja hendaknya dapat dilaksanakan secara bertahap mulai tahun 2005. Beberapa hasil penelitian tentang penganggaran menunjukan adanya pengabaian terhadap prasayarat keberhasilan pelaksanaan penganggaran berbasis kinerja, yang antara lain ditentukan oleh faktor-faktor pendukung seperti partisipasi, kompetensi, dan adanya kelengkapan dokumen dan prosedur penganggaran secara jelas. Di Indonesia, reformasi bidang penganggaran diawali dengan terbitnya Undang-undang Nomor 17 Tahun 2003 tentang Keuangan Negara Undangundang Nomor 25 Tahun 2004 tentang Sistem Perencanaan Pembangunan Nasional merupakan produk undang-undang yang menjadi tonggak sejarah reformasi di bidang perencanaan dan penganggaran nasional. Di lingkungan perguruan tinggi Indonesia perubahan sistem manajemen anggaran mulai diterapkan terutama setelah dilaksanakannya otonomi dalam pengelolaan lembaga pendidikan tinggi, yaitu sejak diterbitkannya Peraturan Pemerintah tentang Perguruan Tinggi sebagai BHMN, BLU, bahkan yang terakhir ini mengarah pada PTN-BH. Perubahan arah pengelolaan keuangan tersebut tidak tanpa alasan, namun dimaksudkan agar pengeloaan keuangan lebih berorientasi pada kinerja, transparan dan akuntabel, yang muaranya tentu pada meningkatnya good governance.

Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

2020 ◽  
Vol 5 (1) ◽  
pp. 22
Author(s):  
Yogi Maron ◽  
Ismansyah Ismansyah ◽  
Azmi Fendri
Keyword(s):  
Legal Theory ◽  
Secondary Data ◽  
Land Rights ◽  
The State ◽  
Land Acquisition ◽  
District Court ◽  
Primary Data ◽  
Prison Sentence ◽  
Ethics Code

<p align="center"> </p><p><em>As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang</em><em> </em><em>in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai</em><em> </em><em>Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the</em><em> </em><em>study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli</em><em> </em><em>Satria</em><em> </em><em>Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1</em><em>.</em><em>946</em><em>.</em><em>701</em><em>.</em><em>050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200</em><em>.</em><em>000</em><em>.</em><em>000 (two hundred million rupiahs)</em><em>.</em></p><p> </p>

scholarly journals A Scenario-Based Investigation of Surrogate Decision Making for Older Adults

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 703-703
Author(s):  
Yuxin Zhao ◽  
Benjamin Katz ◽  
Pamela Teaster
Keyword(s):  
Older Adults ◽  
Decision Making ◽  
Financial Management ◽  
Self Efficacy ◽  
Decision Makers ◽  
Surrogate Decision Making ◽  
Insurance Company ◽  
Surrogate Decision ◽  
Critically Ill Adults ◽  
Amazon's Mechanical Turk

Abstract Surrogate decisions involve complex, challenging choices; surrogate decision-makers make treatment decisions for approximately 40% of hospitalized adults and 70% of older adults, and up to 95% of critically ill adults of any age. The purpose of our study was to understand how people make decisions for others and how surrogate decision making is linked to people’s cognition, self-efficacy, and demographics, especially differences in acute (e.g., health and medical care, financial management, and end of life) versus general scenarios (spending time with family, contacting an insurance company on behalf of a family member). Participants were recruited through Amazon’s Mechanical Turk. We collected data from 290 adult participants aged 18 years or older. On average, people reported a higher level of confidence in general versus acute scenario. The differences of confidence in scenario-based surrogate decision-making links to decision-makers’ cognition, self-efficacy, the experience of decision-making, the experience of caregiving, and demographic factors.

The Chilean Presidency in a Developmental Perspective

1977 ◽  
Vol 19 (4) ◽  
pp. 451-481 ◽  
Author(s):  
Jorge Tapia-Videla
Keyword(s):  
Latin America ◽  
National Development ◽  
Political Conflict ◽  
The State ◽  
Central Focus ◽  
Strong State ◽  
State Apparatus ◽  
Institutional Structures ◽  
Corporate State ◽  
By Products

In contrast to other countries in Latin America, Chile emerged from the chaotic postindependence period with a strong state apparatus. Fashioned by the leadership of Diego Portales and institutionalized in the Constitution of 1833, the Chilean state became (and remains) the central focus for national development. Portales was able to marry the existing social and economic order, which was sharply hierarchical, to the institutional structures of a corporate state. In doing so, he shaped political conflict throughout Chilean history into a series of struggles for inclusion in the coalition in control of the state apparatus at any given time. Problems of violence and instability can be seen as the the natural by-products of these multiple attempts to define and redefine both the legitimate scope and orientation of the state and the composition of the dominant groups exercising power.

scholarly journals The effectiveness of capital management strategies used by the investment funds in Poland

2014 ◽  
Vol 15 (2) ◽  
pp. 119-129
Author(s):  
Paweł Trippner
Keyword(s):  
Financial Market ◽  
Financial Intermediation ◽  
Management Strategies ◽  
Financial System ◽  
The State ◽  
Financial Intermediaries ◽  
Investment Strategies ◽  
Capital Management ◽  
Investment Funds ◽  
Location Policy

Abstract Collective investors play an extremely important role in the financial system of the state and in the economy. They operate in the financial market as institutions that enable households and businesses to convert savings into investments. Investment funds are the most conventional institutions which are dealing with financial intermediation. The main purpose of the submitted paper is to characterise the essence of investment funds operation in the role as financial intermediaries, to present the investment strategies and to characterise the methodology for measuring the effectiveness of capital management entrusted by the clients. The author has formulated a research hypothesis, according to which, the strategies of capital location policy used by the investment funds have an impact on the level of their performance, while funds holding higher risk portfolios perform better compared to the funds using passive investment strategies

scholarly journals Modern financial control of operations at the enterprise: its essence and features

2020 ◽  
pp. 10-14
Author(s):  
Kseniia KOVTUNENKO ◽  
Kateryna BONDARENKO
Keyword(s):  
Public Finance ◽  
Financial Management ◽  
Internal Audit ◽  
The State ◽  
External Control ◽  
Financial Control ◽  
Finance Management ◽  
Current State ◽  
Role Of The State ◽  
Local Resource Management

The purpose of the paper is to improve institutions and legislation on public finance management in Ukraine, to define the concept of "financial control", to consider the process of development and formation of financial control, to highlight the financial control`s features, to justify the need for long-term financial control. Financial control and financial management in the enterprise are very important for every state. The current state of economic improvement in Ukraine should increase the role of the state in regulating the economy in order to identify differences between the law, recognizing the standards and functioning of financial control. At the present stage in Ukraine, the issue of establishing unification of public finance management remains unresolved: there is a discrepancy in state legislation. The Ukrainian economy`s growth leads to an additional need for financial control in a moment. Thus, its role and importance in securing the assets of different types of members’ organizations, the equipment`s efficiency, labour and finance. The paper is devoted to the key issues of finding ways to ensure financial control in the organization and the regulatory framework in this area. The paper presents an overview of financial control by state (local) resource management and their use, as well as financial control of public administration by the state external financial regulator (audit), the Ministry of Finance on behalf of the Verkhovna Rada of Ukraine, and public finance management, including internal management and internal audit, which are provided by current legislation. In the paper was presented a study of the financial control`s concept. The main types of financial control, its goals and objectives are researched. The author emphasizes the importance of the organization’s internal financial control and the key stages of its development. The types of external control and features of their application were also researched. In conclusion the Ukrainian financial management`s current state is researched.

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