Subject Of Criminal Law Research Articles

LEGAL POLITICS OF CORPORATE CRIME IN INDONESIA

A corporation is often followed by violations or even unlawful acts, including violations of criminal law. Corporate crime can also be categorized as an organized transnational crime. At this time corporations as legal subjects can be subject to criminal charges. By accommodating the position of corporations as subjects of general criminal law, corporations can be considered as perpetrators of criminal acts like humans as legal subjects. Unlike before, where the position of the corporation as a subject of criminal law is only accommodated by laws outside the Criminal Code which regulates certain offenses. The regulation outside of the Criminal Code makes the regulation of corporations a subject of criminal law and their criminal liability differs from one regulation to another. With the regulation in the R-KUHP, of course, it will also make uniform regulations regarding corporations as a subject of criminal law, so that there is no difference. However, the regulation of corporations as a subject of criminal law, the current R-KUHP concept is still considered to have shortcomings, because it uses the identification doctrine as the basis for criminal liability

Corporate Crime and Corporate Criminal Liability in Indonesia Positive Law

Corporate crime is a unique crime against which excellent deterrence should be combated. However, these efforts are inversely proportional to the criminal law policies that serve as the basis for their implementation. The KUHP, the key pillar of the statute, merely acknowledges natural persons as subjects of criminal law. And they do not regard companies as criminal law topics. Crime laws must also be renewed. On this basis, a criminal policy will be discussed in Indonesia about the criminal liability scheme. The results of studies indicate that criminalization of all types of corporate crime was regarded as a crime according to positive criminal law in Indonesia. The relationship between one and the other criminal code differs however. The Criminal Code notes that the crime modes sometimes perpetrated by the companies were considered a criminal offense but should be performed by a normal individual. In other words, it may be claimed that companies have not been considered subjects of criminal law by the Criminal Code. However, in some criminal law laws out of the Criminal Code, companies have been treated as targets of criminal legislation and should be responsible for their acts. In Indonesia, the criminal liability scheme introduced by the Positive Legislation seeks to identify and delegate hypotheses where the errors and the source of authorities they have are assessed. The requirements in one criminal law and the other, however, are comprehensively different. For instance, a criminal must not be the manager, but someone who does anything in or for the sake of a company and the act is carried out within the framework of a corporation. It is not, however, expressly specified by the draft Law on the Criminal Code that the criminal is convicted so as to understand that the criminal is not liable for the crime he commits because criminal liabilities were transferred to the company. The draft Criminal Code Act (RKUHP) has accommodated companies as subjects of criminal law and arranged procedures for criminal liability. It can be seen from the principle of the renewal of criminal law that future criminal law would regard business offences as criminal actions and that penal penalties will be imposed on the company. The established provisions clearly show that the model and philosophy embraced are the doctrines of vicarious responsibility, even though there are shortcomings in the model.

Criminalizing Corporations In Environmental Crimes

The research objective is to find out how criminal law against the environment accommodates criminal acts committed by corporations and to find out the practice of settlement through criminal law instruments in terms of corporate criminal liability in the environmental sector. The research method used is a normative juridical research method. There is the existence of criminal law as a part of 3 law enforcement regimes (state administrative law and civil law). then the involvement of criminal law in the settlement in the environmental sector regulates the existence of corporate criminal liability (business entity) as a subject of criminal law. The corporate criminal responsibility used by the UUPPLH is strict liability according to the law.

Law and Science: The Autonomy and Limits of Culpability as a Cornerstone to the Ascription of Liability (or the Subject of Criminal Law: Three Maxims, a Problem and a Glimpse into the Future)

Law and Science: The Autonomy and Limits of Culpability as a Cornerstone to the Ascription of Liability (or the Subject of Criminal Law: Three Maxims, a Problem and a Glimpse into the Future)

МЕСТО ОТЕЧЕСТВЕННОЙ КРИМИНОЛОГИИ В СИСТЕМЕ НАУК

The article substantiates the approach of domestic criminology to social and legal sciences. The authors analyze other approaches, according to which criminology is a part of criminal law and is the result of the application of sociological methods in criminal-legal research, or is a branch of knowledge beyond the legal sciences. The difference in the subject of criminal law and criminology is stated. It lies primarily in the fact that criminal law does not study crime, and the study of crime is carried out mainly as a legal phenomenon; criminal law examines the prevention of crimes carried out by the measures of criminal-legal policy (punishment, probationary conviction, etc.). Criminology studies mainly criminality but crime is studied as a social phenomenon and as a private expression of criminality; criminology examines crime prevention by measures that make up the content of criminological policy (control, assistance, educational impact, etc.). It is noted that despite the use of basically unified terminology both in criminal law and criminology, the content of the same terms e.g. “crime”, "criminal identity," "prevention," "criminal group" etc. is different. The authors believe that the use of methods and approaches developed by other sciences e.g. sociology, social psychology, etc. in criminological studies does not turn criminology into the branch of knowledge beyond the legal sciences. Using the borrowed methods and approaches criminology studies criminality as not only a social phenomenon, but a criminal-legal one, consisting of acts recognized as crimes in criminal law. The socio-legal nature of criminality, which is the main subject of criminology, the use in criminological research of methods of other social sciences and approaches developed by them, enable the authors to conclude that criminology is a complex social and legal science.

CORPORATE CRIMINAL LIABILITY

Abstract The evolution perspective that place person, not the only one criminal law subject, but also corporations, has ignored the principle “Universitas delinquent non potest” which has been used as a reason that corporations that commit the crime cannot be stated as perpetrators of crime, and shift into perspective that corporations can be stated as criminal law subject. Indonesia has recognized corporations as perpetrators of crime. This can be proven by the existence of corporate arrangements as perpetrators of criminal acts in various laws and regulations in Indonesia outside the Criminal Code. However, despite the recognition that corporations are subject to criminal law, in reality, we see that there are still many criminal acts involving corporations that do not direct corporations to become suspects in the judicial process. This would be a problem for law enforcement in Indonesia. With the recognition of the corporation as the subject of a criminal act, then it is important to criminalize not only the board but also related corporations. If corporate not addressed as criminal, therefore, the purpose of punishment will be different if the criminal is only addressed to administrators but not to the corporation. In general, the charging of criminal is the purpose as a deterrent effect against the corporation who committed the crime and also, also as an effort to prevent the criminal act is not performed by the other corporations. Associated with given criminal purposes, if only the criminal responsibility on the corporate board of sentencing objectives to be achieved will be difficult to achieve. It would be important to not only penalize the corporate board but also still penalize the corporation concernedKeywords: Corporate, criminal liability, criminal

SEJARAH PERTANGGUNGJAWABAN PIDANA BENEFICIAL OWNER DI INDONESIA

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.

SEJARAH PERTANGGUNGJAWABAN PIDANA BENEFICIAL OWNER DI INDONESIA

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.

Responsibilities Of The Corporate Director Against The Dark Criminal Action In The Position Based On The Decision Of The Court Sumber Of Cirebon Regency (Studies on Decision No.202 / Pid.B / 2019 / PN.Sbr)

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.

Corporate Responsibilities on the Action of Human Trafficking Criminals in Indonesia

<p>Problems related to human rights in Indonesia are criminal acts of human trafficking committed by corporations. Trafficking in persons is a modern form of human slavery and is also one of the worst forms of treatment of violations of human dignity. However, the development has difficulties with law enforcement related to corporations that commit criminal acts of trafficking. The research method used is a normative juridical research method using secondary data to be analyzed qualitatively. The results of this study show that corporations as subjects of criminal law can be equated with humans, because there are rights and obligations given by law and therefore corporate skills are also equated with human skills. Regulations regarding corporate responsibility are regulated in Law Number 21 of 2007 concerning Eradication of Criminal Act of Human Trafficking, corporations can be held liable if they commit criminal acts of trafficking by fulfilling the requirements of criminal liability in general such as the ability to be responsible, mistakes and intentions, absence of matters that are used as reasons for criminal offenses.</p>

Theoretical and Conceptual Reflection Regarding Corporate Criminal Responsibilities Influencing the Formulation of Laws

In Indonesia, the development of the corporation as the subject to criminal acts takes place outside the Criminal Code, regulated in special legislation. While the Criminal Code itself still adheres to the subject of criminal acts in the form of people, the corporation (juridical person) appears as a subject that can commit a crime and should also be accountable in criminal law. However, this condition has not been realized concretely in our Criminal Code. The formulation policy regarding corporate criminal liability for victims of corporate crime that exists or is currently in force has not been able to realize the corporate criminal liability. Although there are sanctions that can be imposed on corporations, most of these provisions only protect potential victims and are not responsible for actual or real victims. In other words, the current formulation policy has not been able to ensnare and impose criminal sanctions on corporations who commit crimes, especially criminal sanctions which are oriented to the fulfillment or restoration of victims' rights in the form of compensation payments after the crime. This paper will discuss the position and the responsibility of the corporation as a subject of criminal law in Indonesia and analyze policy formulation of the Criminal Code and the draft of the Criminal Code that related to corporate responsibility as a legal subject.
 Keywords: Corporate Criminal Responsibilities, Criminal Law, Corporate Responsibility.

REGARDING THE RELATIONSHIP BETWEEN THE CONCEPTS OF «OFFICIAL», «OFFICIAL OF A LEGAL ENTITY OF PUBLIC LAW» AND «SUBJECT OF DECLARATION» IN THE LAW

The article considers the legal enshrinement in the regulations of domestic legislation and analyzes the features of the concepts «official», «official of a legal entity of public law» and «subject of declaration» in the context of defining the legal regime of these persons as subjects of criminal law, responsibility for committing official crimes. To define the concept of “official”, it is essential to rely on law enforcement practice which states that the main criterion of attributing of a person to a group of officials is his authorization with organizational-regulatory or administrative-economic functions. An official is always vested with the organizational-regulatory powers that authorize him to determine tasks and choose appropriate methods of activity, make management decisions, organize other persons to exercise the competence of the relevant body. Officials of state agencies, local self-government bodies, state institutions and enterprises, as well as non-governmental organizations, from the moment they have taken up a senior position, are endowed with power which provides an opportunity to perform organizational and regulatory functions. An official, compared to other employees, is entitled to ensure a centralized influence on the organizational structure, promote its integrity and coherence of the staff in performing tasks and functions defined in accordance with its competence. As for an official, he is considered to be so not only when he performs the relevant functions or carries out duties permanently but also when he does the above temporarily or due to special authority assuming that a competent body or a competent official assigned the mentioned functions or responsibilities to him. Thus, the official is endowed with a certain amount of powers and, within their limits, has the right to perform actions which result, change or terminate specific legal relations. In determining whether an official of a legal entity of public law is an officer of a legal entity of public law, it is necessary to take into account the scope and nature of his powers.

Criminal Law Enforcement of Indonesian Commerce Act Number 7 the Year 2014 for Corporation Perpetrators: Why It Will Be Difficult

Indonesian laws have recognized the legal person as a subject of criminal law. It can be seen in all regulations enacted recently acknowledging that “any person” is a natural person (natuurlijk persoon) and legal person (rechtspersoon) who are liable for criminal punishments. Related to legal person or corporation, Indonesia, on the other hand, regulates corporate criminal responsibility differently in every single law. Some laws contain complete provisions, but others may fail to set the regulation properly. The Indonesian Commerce Act Number 7 the year 2014, for example, the legislators might miss drawing the provisions regulating corporate criminal responsibility. The Act recognizes corporations as a legal subject, but there is the absence of provisions related to when corporations shall be categorized committing a crime, which party shall be responsible when corporations shall be responsible, and what punishments shall be proper for corporations. Furthermore, it is commonly used, that if there is an absence of criminal law provisions in an act, the Criminal Code and Criminal Procedure Code will be the referral sources. In terms of corporate criminal responsibility regulation, however, both the Criminal Code and Criminal Procedure Code do not recognize the corporation as the subject of criminal law. Thus, the codes may not suitable as the referral sources for corporate crime law. Unfortunately, corporations violating the Act, then, will be difficult to be enforced in the judicial process. As a legal research paper, it will argue that the absence of the provision related to corporate criminal responsibility leads to the failure of law enforcement of corporation wrongdoings by presenting prospective consequences of the absence of such provisions.

PENERAPAN PERTANGGUNGJAWABAN PIDANA BADAN USAHA (KORPORASI) DALAM KETENTUAN YANG BERKAITAN DENGAN HUKUM LINGKUNGAN

AbstractMany things in human life has been affected by a legal entity (corporation), if the positive effect is certainly no need to worry, but just a lot of influence has been harmful to individuals and society at large. Criminal Code as the legal basis in criminal legislation only mentions that a criminal act can only be done by an individual (naturlijk person) is not a business entity (corporation). This has led to the growth of various laws outside the Criminal Code that recognizes the position of a business entity (corporation) as subjects of criminal law, especially in the provision of environmental law. Recognition notch business entities (corporations) as the subject of criminal law in environmental law provisions certainly result in the criminal responsibility.Keyword: Legal Entity, environmental Law, Criminal

Introduction of Criminal Law as a Subject in National Secondary Schools

Abstract National education in Malaysia is governed by the Education Act 1996 (EA 1996) (Act 550). At present, the subject of criminal law is not part of the Malaysian national secondary school curriculum. The lack of it has resulted in students being unable to get adequate and necessary exposure as well as understanding of the subject. It certainly does not coincide with the grim reality that crimes committed by school children are on the rise in Malaysia. This research is qualitative in nature, using a pure legal approach. This research adopted a content analysis method consisting of a detailed analysis of the Education Act 1996 (EA 1996) (Act 550), the Penal Code (Act 574) and the Child Act 2001 (CA 2001) (Act 611). In addition, this research also analyzed various journals and academic research in this area to discuss the importance of teaching criminal law as a subject in schools. The paper concludes that instead of introducing this subject at post-secondary education level, the subject should be considered to be taught earlier in secondary school. Early exposure to the criminal law subject would enable school children to be adequately informed on how the criminal justice system works and its relevant principles and values. This would in consequence create awareness and promote good values for students at a young age, namely the values of respect and adherence to the law which would help them to refrain from committing crimes.

On the Possibility of Doctrinal Perception of Artificial Intelligence as the Subject of Crime in the System of Common Law: Using the Example of the U.S. Criminal Legislation

The authors examine the possibility of holding artificial intelligence (AI) criminally liable under the current U.S. criminal legislation and study the opinions of Western lawyers who believe that this possibility for a machine controlled by AI may become reality in the near future. They analyze the requirements for criminal liability as determined by American legislators: a willful unlawful act or omission of an act (actus reus), criminal intent (mens rea), i.e. the person knowingly commits a criminal act or is negligent, as well as three basic models of AI’s criminal liability. In the first model, a crime is committed through the actions of another person, i.e. the cases when the subject of crime does not have sufficient cognitive abilities to understand the criminal intent and, moreover, to be guided by it. This category of persons includes minors, persons with limited legal capacity and modern cybernetic systems, who cannot be viewed as capable of cognition that equals human cognition. The latter are consi­dered to be innocent of a criminal act because their actions are controlled by an algorithm or a person who has indirect program control. In the second model, a crime is committed by a being who is objectively guilty of it. A segment of the program code in intellectual systems allows for some illegal act by default, for example, includes a command to unconditionally destroy all objects that the system recognizes as dange­rous for the purpose that such AI is working to fulfill. According to this model, the person who gives the unlawful command should be held liable. If such a «collaborator» is not hidden, criminal liability should be imposed on the person who gives an unlawful command to the system, not on the performer, because the algorithmic system that determines the actions of the performer is itself unlawful. Thus, criminal liability in this case should be imposed on the persons who write or use the program, on the condition that they were aware of the unlawfulness of orders that guide the actions of the performer. Such crimes include acts that are criminal but cannot be prevented by the performer — the AI system. In the third model, AI is directly liable for the acts that contain both a willful action and the unlawful intent of the machine. Such liability is possible if AI is recognized as a subject of criminal law, and also if it independently works out an algorithm to commit an act leading to publically dangerous consequen­ces, or if such consequences are the result of the system’s omission to act according to the initial algorithm, i.e. if its actions are willful and guilty.

Pertanggungjawaban Pidana Terhadap Korporasi di Indonesia

Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.

PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI DI INDONESIA

<em>Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.</em>

Corporate Responsibilities on The Action of Human Trafficking Criminals in Indonesia

Problems related to human rights in Indonesia are criminal acts of human trafficking committed by corporations. Trafficking in persons is a modern form of human slavery and is also one of the worst forms of treatment of violations of human dignity. However, the development has difficulties with law enforcement related to corporations that commit criminal acts of trafficking. The research method used is a normative juridical research method using secondary data to be analyzed qualitatively. The results of this study show that corporations as subjects of criminal law can be equated with humans, because there are rights and obligations given by law and therefore corporate skills are also equated with human skills. Regulations regarding corporate responsibility are regulated in Law Number 21 of 2007 concerning Eradication of Criminal Act of Human Trafficking, corporations can be held liable if they commit criminal acts of trafficking by fulfilling the requirements of criminal liability in general such as the ability to be responsible, mistakes and intentions, absence of matters that are used as reasons for criminal offenses.

Российская юридическая мысль первой половины XIX века о предмете науки уголовного права

Российская юридическая мысль первой половины XIX века о предмете науки уголовного права