Subject Of Criminal Law Research Articles

Pertanggung jawaban Pidana Korporasi Pada Tindak Pidana Perbankan Dalam Rangka Pembaruan Hukum Pidana

Previously banking crimes committed by corporations tended to be difficult to enforce, because corporations weren’t the subject of criminal law, either according to the Criminal Code or the Banking Law. In order to reform the national criminal law, the government then promulgated the National Criminal Code and the PPSK Law which introduced a renewal of thought in the Indonesian criminal law regime. The reform led to a shift in the position of corporations as subjects of banking crimes. The issues raised are: 1) How does the position of corporations shift as the subjects of banking crime after the National Criminal Code and the PPSK Law?; 2) How is corporate criminal liability in banking crimes after the National Criminal Code and the PPSK Law? This research uses normative juridical methods through statue approach, and conceptual approach. The results obtained from this study include that after the National Criminal Code and the PPSK Law, the position of corporations as subjects of banking crimes has shifted from previously not recognized in the Criminal Code or Banking Law, now it has been recognized as a subject of banking crimes, so that the principle of delinquere non potest university used by the previous Criminal Code is no longer relevant in the new Indonesian criminal law paradigm. Then the National Criminal Code and the PPSK Law basically use three forms of corporate criminal liability, namely: criminal liability is imposed on corporations only, criminal liability is imposed on individual only, or liability is imposed on both (corporation and individual).

Criminal Law Policy Regarding Criminal Responsibility for Corporate Crime (WCC) in Indonesia

White collar crime generally refers to crimes that are financially motivated and are usually committed by business professionals and government officials. White collar crime cases are difficult to track because they are usually committed by officials who have power, have the power to produce laws and play a role in making various vital decisions. White collar crime is also very difficult to be touched by the law because it occurs in a closed environment. In connection with the issues raised and researched, the method that the author will use in the context of this research is Normative Juridical which examines the issue of norms including their contradictions. In research, a distinction is generally made between data obtained directly from the public and from library materials. The regulation of corporations as subjects of criminal law is motivated by different histories and experiences in each country, including Indonesia. However, in the end there is a common view, namely that the development of industrialization and progress in the fields of economics and trade have encouraged the idea that the subject of criminal law is no longer limited to natural humans (natuurlijke person) but also includes corporations . That, as explained above, corporate crimes or also categorized as white collar crimes should be able to be held responsible for the crimes they have committed. Either use the rules of the articles in the Criminal Code or laws outside the Criminal Code as mentioned above.

Application of Corporate Crime Sanctions in Pornography Crimes (Study of the Porn Film Industry and Trade)

The development of information and communication technology has contributed to the increase in the creation and dissemination of pornography which has had a negative influence on the morals and noble personality of the Indonesian people. In relation to the era of globalization, the existence of a corporation has a big contribution to the interests of the country and its citizens. The existence of corporations is often accompanied by violations, including violations of criminal law, one of which is the case of the pornographic film industry and trade. The authors examine the criteria for criminal acts of pornography which are classified as corporate crimes and how sanctions are applied for criminal acts of pornography as a corporate crime. This research uses normative-empirical juridical methods and analytical descriptive research specifications. Based on the research results, it can be concluded that the criteria for criminal acts of pornography which are classified as corporate crimes are non-violent, corrosive effect, and have a very detrimental impact on society at large. The industry and trade in pornographic films is a form of criminal corporation/organization, and there has never been a court decision regarding sanctions for corporate criminal acts applied to cases of criminal acts of pornography. Efforts that can be made to overcome this problem are to harmonize the definition of a corporation, create clear criteria for corporations as subjects of criminal law, need to hold Focus Group Discussions (FGD) among academics and law enforcement officials, and apply sanctions against perpetrators of criminal acts of pornography which are classified as corporate crimes.

Regulation of Corporate Criminal Liability According To Law Number 1 Year 2023 On The Criminal Code

Corporation as a subject of criminal law that can be held criminally responsible is not known in the old Criminal Code. This is because the old Criminal Code is a legacy of the Dutch colonial government whose legal system adheres to the Continental European legal system (civil law). Countries that adhere to the civil law legal system are a little behind in terms of regulating corporations as subjects of criminal law, in contrast to countries that adhere to the common law legal system, which has regulated corporate liability and this has started since the industrial revolution. In Indonesia itself, the regulation on corporation as a subject of criminal law is regulated in the Law outside the Criminal Code. Meanwhile, the new Criminal Code has regulated corporations as legal subjects that can be held criminally liable. As regulated in Article 45 to Article 50, Article 56, and Articles 118 to 124 of Law No. 1 of 2023 on the Criminal Code. Although prior to the enactment of Law No. 1 of 2023 on the Criminal Code there was already Perma No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations and Regulation of the Attorney General of the Republic of Indonesia Number PER-28/A/JA/10/2014 concerning Guidelines for Handling Criminal Cases with Corporate Legal Subjects. Prior to the issuance of the regulation, the Attorney General's Office had first issued Circular Letter of the Attorney General of the Republic of Indonesia Number B-036/A/FT.1/06/2009 regarding Corporations as Suspects/Defendants in Corruption Crimes addressed to the Head of High Prosecutors throughout Indonesia. Thus, Corporations as a subject of criminal law can already be held criminally liable with the strength and legal certainty stipulated in the New Criminal Code.

The Juridical Analysis of Corporate Crimes Accountability in the Indonesian Penal System

Evil grows as society progresses, not only to the types and methods of evil, but also to the subject or perpetrator themselves. Corporate acceptance asa subject of criminal action, which leads to criminal law enforcement problems in corporate criminal liability. Whereas law enforcement doesn't recognize corporations as the subject of law, allowing people to exploit their legal loopholes. As for the rules governing corporate accountability that exist up until now are considered less effective and efficient. The clear corporate policy is still at the stage of criminal design that has been fully regulated and firm as the subject of criminal law and is accountable in criminal law and receives absolute criminal accountability and replacement crimes, even with the exception of solving the difficulties of proving an element of wrongdoing committed by a corporation. Research methods used are normative law research methods with law enforcement approaches, comparisons and concept analysis of the law.

Criminal accountability of state owned enterprises in criminal acts of corruption

State-Owned Enterprises (BUMN) (hereinafter referred to as BUMN) are one of economic actors that contribute to the development of state finances. SOEs as corporations can run a variety of businesses such as health services, implementation of banking services, industry players, the transportation sector, services in the field of providing goods and services, and so on. In addition to contributing in the form of profits from its business sector, State-Owned Enterprises (BUMN) also contribute in the form of paying taxes to the state. Business fields managed by BUMN are basically profit-oriented, so that all business activities of State-Owned Enterprises (BUMN) are directed towards the goal of achieving profit. The separation of criminal responsibility is very important to explain, bearing in mind that in Article 20 paragraph (2) of the Corruption Crime Law, it is only formulated that: -alone or together". The formulation of the article with the sentence "...acting in a corporation..." shows that corporations are subjects of criminal law. It is this doctrine of the corporation as a legal subject that influences the development of corporate criminal responsibility as the perpetrator of corporate crime at this time.

Political Parties in Corporate Regulation as Subjects of Criminal Law

The aim of this study is to investigate the similarities between political parties and corporations as legal entities, and to determine whether political parties are recognized as subjects of criminal law. The study uses the normative research method, specifically a statutory approach, to examine relevant laws and regulations. The findings suggest that political parties and corporations share similar characteristics, such as being associations of people and organized wealth associations that can be legal or non-legal entities. Therefore, political parties can be considered corporations. In terms of criminal law, both political parties and corporations are recognized as subjects of criminal law according to Article 1 Paragraph (1) of Law Number 20 of 2001, which amends Law Number 31 of 1999 concerning the eradication of criminal acts of corruption.

Could Artificial Intelligence be the Subject of Criminal Law?

The use of artificial intelligence can increase productivity and efficiency in various sectors of life. However, it can also potentially cause legal problems especially criminal law if they result in losses. The subject of law in determining who should be responsible is a separate issue. This research examines whether technology using artificial intelligence can be used as the subject of criminal law so that criminal responsibility can be held. This research is normative juridical research with a statutory, conceptual approach and cases related to artificial intelligence and criminal law issues. The study shows that the ability to analyze and make decisions possesed by artificial intelligence can be indicated as "malicious intent". Yet, the concept of punishment for the artificial intelligence system requires a unique formula, as the personality of artificial intelligence cannot be equated with the personality of a human or legal entity. The granting of legal status through a criminal sanction mechanism in the form of machine deactivation, reprogramming, and the severity of destroying machines is expected to provide future solutions to minimize the risk of criminal acts by artificial intelligence.

Legal Reconstruction of Criminal Accountability for Bank Employees Who Participate in the Criminal Acts of Money Laundering Based on Justice Value

The objectives of this research are to analyze and find out the weaknesses in the criminal liability of Bank employees who are participating in money laundering crime and how to reconstruct the law based on the value of justice. The method used in this study uses a normative juridical approach with a constructivist paradigm. The results of the research and discussion show that the weaknesses of the law lie in the Criminal liability in the provisions of Law no. 10/1998 concerning Banking is not in line or there is no legal synchronization with the provisions of Law no. 8/2010 concerning TPPU, specifically the provisions of Article 6 paragraph (2) of Law no. 8/2010 concerning ML, which stipulates that a Bank in its position as a corporation can also be held criminally responsible. Provisions of Law no. 10/1998 concerning Banking, although it recognizes corporations as subjects of criminal law, the criminal responsibility system implemented still adheres to the individual criminal responsibility model, which only imposes accountability on controlling personnel. Therefore, the legal Reconstruction of criminal responsibility of Bank employees who participated in committing money laundering crimes based on the value of justice can be done by not only asking for and imposing criminal responsibility on controlling personnel (in this case the Board of Commissioners, Directors, and Bank Employees) but also being able to hold accountability for Banks as corporations implement an aggregation model corporate criminal liability system.

Participația penală și persoanele juridice. Istoric și perspective de viitor

The purpose of the article is to study the evolution of the criminal participation in Romania, with increased attention paid to the way in which criminal liability of legal entities was accepted and developed over time, to try to formulate predictions about the future of legal persons in the criminal law and to analyse the possibility of accepting, according to the current rules, the artificial intelligence systems as subjects of criminal law. The historical perspective is doubled by comparative law case studies which are based on judgments from the United Kingdom and France that are representative for the currents of opinion regarding need to prosecute and convict legal persons together with the individuals involved in the criminal activity.

On the Identity of the Object of Supervision and the Subject of Criminal Law

On the Identity of the Object of Supervision and the Subject of Criminal Law

A TOWN IN HUDÛD-I HÂKANÎ: HOPA PRISON AND PUBLIC ORDER IN THE LAST PERIOD OF THE OTTOMAN STATE

Tanzimat Fermanı’nın ilanını takip eden süreçte Osmanlı Devleti merkezî yönetimi güçlendirme anlayışı ile birlikte sosyal ve ekonomik alanda pek çok ıslahata tanıklık etmiştir. Ceza hukuku ve hapishaneler konusu hukuk alanındaki ıslahat çalışmalarından biri olmuştur. Bu ıslahatlar devletin içerden gelen ihtiyaçlarıyla ilgili olduğu kadar Batılıların talep ve baskılarıyla da ilgilidir. 19. yüzyıl boyunca olumsuz hapishane koşullarının iyileştirilmesi için çalışmalar yürütülmüştür. Malî sorunlar ve yetişmiş insan eksiliğinin yarattığı imkânsızlıklar diğer alanlarda yapılmak istenen ıslahatlarda olduğu gibi hapishaneler konusundaki ilerlemeyi de olumsuz etkilemiştir. Bu olumsuzluklar taşra hapishanelerinde daha fazla ve daha uzun süre kendini hissettirmiştir. Trabzon vilayetinin doğusunda yer alan ve 1878 Berlin Anlaşması’ndan sonra Rusya ile Osmanlı arasında bir sınır kasabası haline gelen Hopa kazası güvenlik konusunda hassasiyet kazanmıştır. Osmanlı Devleti’nin merkeziyetçiliğin güçlendirilmesi ve hapishaneler konusundaki ıslahatlarının bir sınır kasabası olan Hopa’daki yansımaları bu çalışmada ele alınmıştır.

THE DEVELOPMENT OF CORPORATE REGULATION AS A SUBJECT OF CRIMINAL LAW IN INDONESIA

The development of science and technology brings social changes, one of which is in the economic field, which requires the development of economic actors, from individuals to corporations. This gives rise to crimes committed by individuals or corporations. Individuals who commit crimes will face criminal penalties, but the Criminal Code does not establish criminal penalties for corporations that commit crimes. The concept of the corporation as a subject of criminal law is unclear. For this reason, this article aims to determine the basis for corporations to be subject to criminal law and to discover the development of corporate regulations as legal subjects in Indonesia. The research method used in this research is doctrinal, namely, normative legal research methods using secondary data. As criminal law subjects can be equated to human beings, the results include companies. Because it has rights and obligations imposed by the law, and because corporate talents are equated with human skills. The Draft Criminal Code, which will eventually be applied to the entire criminal law system, identifies corporations as legal subjects of criminal conduct. Consequently, any legislation outside the Criminal Code is no longer required to precisely regulate, unless the legislation outside the Criminal Code decides otherwise or deviates.

Penegakan Hukum Terhadap Korporasi Yang Melakukan Pencucian Uang Dari Hasil Korupsi Di Indonesia

Law enforcement against the crime of laundering committed by corporations, has not been carried out optimally. This is because there are no legal rules that clearly regulate the form of corporate responsibility as a subject of criminal law and the low understanding of law enforcement in understanding existence as a subject of criminal law. Based on this background, the research formulated the problem of how to prove the mechanism of money laundering crimes committed by corporations in corruption crimes in Indonesia, as well as how to enforce the law against corporations that commit money laundering crimes in corruption crimes in Indonesia. The method used in this research is normative legal research by using secondary data sourced from primary, secondary and tertiary legal materials which were analyzed using qualitative juridical analysis methods. From the research results, it can be seen that the proof of money laundering crimes committed by corporations is based on corporate criminal responsibility as stipulated in Article 6 of Law no. 8 year 2010 on ML. The government together with the DPR must immediately formulate and make regulations regarding corporate criminal liability as a legal subject for criminal acts, especially in the Criminal Procedure Code (RUU-KUHAP). So that law enforcement against corporate crimes, especially money laundering crimes committed by corporations can have legal certainty.

PENGGUNAAN SISTEM SANKSI PIDANA PADA PELAKU TINDAK PIDANA KORPORASI

The acceptance of the corporation as a subject of criminal law who is considered to be able to commit a criminal act and can be criminally responsible for it will of course lead to other consequences in its application. Various consequences or problems that can arise are reflected in the question of getting a death penalty or imprisonment as regulated in article 10 of the Criminal Code which is applied to a corporation. Or can the “corporate death penalty” and “corporate imprisonment” as stated by Brickey be regarded as a death penalty or imprisonment for a corporation? When compared with the provisions in Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, precisely in article 2 paragraph (2) and article 18 paragraph (1) point c and point d According to this law, in the author's opinion, basically the "corporate death penalty" as stated by Brickey is the same as the provisions of "all or part of the company closure" and "corporate imprisonment" which is basically the same as the provision of "all or part revocation of certain rights or elimination of all or part of certain profits” as regulated in Article 18 paragraph (1) point c and point d of this Law. In addition, if you look at the provisions in Article 2 paragraph (2) which states that: "In the case of a criminal act of corruption as referred to in paragraph (1) carried out under certain circumstances, the death penalty can be imposed". And when viewed from the explanation it is stipulated that: "what is meant by "certain circumstances" is if the crime is committed against funds for overcoming dangerous conditions, national natural disasters, overcoming the consequences of widespread social unrest, overcoming economic crises, and occurring repetition of corruption.Keywords: System, Criminal Sanctions, Criminal Actors, Corporations.

Criminal Liability Committed by Corporations for Environmental Damage as a Result of Forest and Land Fires (Case Study Case Number 59/PID). B/LH/2020/PN. RGT)

The deforestation process that occurs in Riau is very worrying, forest and land fires are proof that environmental management and utilization are no longer reliable. These forest and land fires are proven to involve companies involved in the cultivation and utilization of forest products. For this reason, the corporation must be criminally responsible because UUPPLH No. 32 of 2009 has recognized the corporation as the subject of criminal law. Efforts to hold companies accountable aren't easy — many companies actually stop investigations because they don't have enough evidence. Therefore, the author wants to know the criteria of corporations that are said to commit forest and land fire crimes, as well as how the form of criminal accountability. This research method uses normative legal methods and sculptural approaches that are approaches through legislation. The results of the investigation, the criteria of the corporation to commit the crime of forest and land fires if it meets the elements in the preparation of articles of forest and land fires, namely land clearing by burning and exceeding environmental quality standards. The violation is committed by a person for work or other relationship reasons within the scope of the business entity. If the crime is committed by, for, or on behalf of a business entity, it shall be considered a corporate act. The form of corporate criminal liability in the criminal act of forest and land fires is preliminary, because the error lies with the corporate administrator (director) who is the mastermind or owner of control of the company's operational activities (Director Mind). Because in PP No. 4 of 2001 Article 13 that the director as the person in charge of all commercial activities whose business can cause damage and environmental pollution must comply with government regulation No. forest and land fires.

Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi

Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability

Means of ensuring the understandability of criminal legal norms under the authentic national legislation of the X-XVIII centuries

In the article the normative acts that contained criminal law norms and operated on the territory of modern Ukraine were analyzed, which made it possible to trace the development of legal techniques and identify the directions used by the compilers for a clear statement of criminal law norms. It is established that at the first stages of formation of legal technique commitment for intelligibility was reflected only in the proximity of the language of acts (primarily vocabulary) to the living vernacular. It was gradually realized that not only the improvement of terminology, but also the specifics of syntax, standardization of individual articles of criminal law, clear structure and sequence of material both within articles and in general are necessary for intelligibility of the criminal law.
 An analysis of the texts of Russkaya Pravda (various editions), three Lithuanian Statutes, "Rights under which the Little Russian people are tried" showed that during the existence and validity of these acts there was a process of forming an authentic national tradition of lawmaking, legal technique of criminal law was improving. These acts, compared to the then European ones which were difficult to perceive and understand, were easily applied and generally understandable to a wide range of subjects of criminal law. For this purpose, linguistic and stylistic means were used and subsequently improved: in the conditions of diglossia the language of normative acts was brought closer to the vernacular with the obligatory use of clear, according to their origin, legal tokens; an attempt to describe accurately the action through a casuistic statement and at the same time an awareness of the need for an abstract statement (so far only by supplementing the lists with generalizing words); uniformity of construction of criminal law prohibitions; more logical systematization of normative material, structuring both acts as a whole and certain criminal law provisions. At the same time the desire for accuracy and clarity gradually leveled such a requirement as conciseness.

Corporate Criminal Liability Arrangements in the IUS Constituendum

The development of science and technology and globalization were already unstoppable today, not only have a beneficial impact, but also often have a negative impact for example by the "globalization of crime" and the development of quality (modus of operation) and the quantity of criminal acts. Offenses rife nowadays with regard to the corporate existence of the corporation is a criminal offense that could result in serious and widespread impact, damage the joints of the nation and threatens the stability of the State. Therefore, the law should take back its role in order to create justice and welfare and in handling needed ways remarkable that one of them is to make the corporation as a subject of criminal law that is considered to be committing a crime and can be criminally).

Corporate Criminal Liability Arrangements in the IUS Constituendum

The development of science and technology and globalization were already unstoppable today, not only have a beneficial impact, but also often have a negative impact for example by the "globalization of crime" and the development of quality (modus of operation) and the quantity of criminal acts. Offenses rife nowadays with regard to the corporate existence of the corporation is a criminal offense that could result in serious and widespread impact, damage the joints of the nation and threatens the stability of the State. Therefore, the law should take back its role in order to create justice and welfare and in handling needed ways remarkable that one of them is to make the corporation as a subject of criminal law that is considered to be committing a crime and can be criminally).