Prevention of corruption is one of legal reform agendas that has been implemented by the Indonesian government. However, there is a gap in the main objective of the prevention to restore the country’s financial losses. Returning state’s financial losses is not easy. There are needs of a new paradigm to maximize the return of state financial losses caused by corruption. In the United Kingdom, the Serious Fraud Office used the Deferred Prosecution Agreement to handle Rolls-Royce’s alleged corruption offenses. One of the requirements is a legal compliance program that the corporation must obey. This study conducted in a form of a descriptive study. It employed normative juridical research type with statute and conceptual approaches, as well as legal comparison. The data was collected through literature studies before subsequently analyzed qualitatively. The results show that the implementation of the concept of deferred prosecution on corruption crimes committed by corporations with anti-bribery management system (SNI ISO 37001: 2016) is stated in the legislation policy related to the prohibition of corruption crimes committed by corporation. Any corporations can be held criminally accountable. However, policies and regulations in Indonesia do not require corporations to follow the legal compliance program.
<em>The implementation of good corporate governance (GCG) is the main foundation of companies that needs to run their business activities for a long period. Along with the development of technology and information, the implementation of GCG is increasingly needed for internet intermediary platform providers in carrying out their business activities. The implementation of GCG principles can also reduce the risk of failure in protecting privacy of personal data on the platform. The related principles are transparency, accountability, and responsibility principle by taking into account a number of laws and regulations such as Law No. 11 of 2008 as amended by Law No. of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions (ITE Law), Government Regulation No. 71 of 2019 (GR 71/2019), and Ministry of Communication and Information Regulation No. 20 of 2016. This research will use a normative juridical research method that takes into account the provisions of the legislation and other relevant documents. As a result, the implementation of GCG is not fully implemented in the case of failure in protecting privacy of personal data in internet intermediary company (PT Bukalapak), thus the legal attempt that can be applied to manifest the company’s liability refers back to ITE Law, GR 71/2019, and Ministry of Communication and Information Regulation 20/2016 which are compensation and administrative sanctions. </em>
It is a common knowledge that technology development shall be in line with the development of a nation. This fact is raising the need of developing countries as Indonesia to maximize potential in the field of technology. However, it is not easy as it sounds, there are many obstacles for a country to develop its potential in technology, notably for the expert in the relevant country to master the necessary skills. Due to this limitation, many countries are beginning to fill-in the gap by registering license of foreign patent. It is expected that the use of foreign patent will replace the higher cost and longer time needed in developing local technology in the developing countries. Unfortunately, the use of foreign patent license does not itself automatically enhance one’s ability to master the necessary skills. Many cases where developing countries were deceived by the ‘grant-back’ clause attached to the foreign patent license. The licensee’s position is consequently considered has lower than of the licensor, which in its turn may rise monopoly practice and unfair business competition. This study is conducted with the purpose to formulate an effective technology transfer through the licensing of foreign patent that can refrain from the repetition of monopoly practice and unfair business competition, according to the TRIPs signed by WTO and the positive law in Indonesia. This study is using juridical-normative approach as the methodology of research, it also use analytical approach through the Law Number 13 of 2016 concerning Patent; Law Number 5 of 1999 concerning Prohibition of the Monopoly Practice and Unfair Business Competition as well as the Agreement on Trade-Related Aspects of Intellectual Property Rights signed by the World Trade Organization, with respect to the license agreement of the foreign patent. Based on the issue as established previously in this journal, the expected outcome of increased information dissemination towards countries using patent licensing agreement in technology and information development related to any matter in intellectual property specifically in licensing agreement, which has higher possibility for Monopolistic Practices and Unfair Business Competition. Therefore, shows that in principle in order to prevent the licensing of foreign patent to lead onto the monopoly practice and unfair business competition, a country must establish a controlling entity to supervise the execution of the foreign patent and at the same time, enacting harmonious rules and regulations with such supervision.
Corporations are entities that have a large role in society, there are many positive roles to life, but not a few negative existences of activities that arise, including corruption. The purpose of this article is to analyze the implementation of the Deferred Prosecution Agreement (DPA) with the Anti-Bribery Management System (ABMS) in dealing with Corruption by Corporations in Indonesia. The method used in this article is normative juridical legal research. This article concludes ways to eradicate corrupt acts carried out remarkably, in turn experiencing obstacles in terms of the functioning of criminal law, even it can be said to be counter-productive. This is a concrete step towards the idea of implementing DPA as a restorative approach in the context of tackling corruption acts committed by corporations. By using the Anti-Bribery Management System (ABMS), it is expected that corrective steps will be obtained from the corporation.
Artikel ini akan mengkaji pemenuhan hak Kreditor dalam hal Debitor dan Penanggung mengalami gagal bayar dan memasuki keadaan pailit dan PKPU secara terpisah. Penelitian ini bertujuan untuk mengetahui bentuk tanggungjawab Penanggung kepada Kreditor pasca putusan PKPU yang bersamaan dengan pailitnya Debitor dikaitkan dengan ketentuan dalam UU Kepailitan dan PKPU serta KUHPerdata. Hasil penelitian ini menyimpulkan bahwa kewajiban Penanggung kepada Kreditor Pemegang Jaminan Perorangan tetap melekat sekalipun Penanggung dalam PKPU. Dengan memperhatikan asas lex specialis derogate legi generali, Kreditor yang mendapatkan pemenuhan tanggung jawab dari Penanggung tetap harus memperhatikan ketentuan dalam UU Kepailitan dan PKPU untuk mengajukan pencocokan piutang kepada Penanggung terlebih dahulu sebelum kepada Debitor pailit.
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