Penerapan Sistem Pertanggungjawaban Pidana Korporasi sebagai Subjek Tindak Pidana dalam Undang-Undang Pemberantasan Tindak Pidana Korupsi

Pratama, Mochamad Ramdhan; Januarsyah, Mas Putra Zenno

doi:10.25072/jwy.v4i2.350

Cited by 3 publications

(3 citation statements)

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“…The legal action of PT Timah Tbk that was revealed recently was the alleged corruption in the tin commodity trading system in the PT Timah Tbk Mining Business License (IUP) area for the period 2015 to 2022. The crime of corruption committed by a corporation has occurred if it fulfills at least 2 (two) conditions, namely the corporation unlawfully commits an act of enriching itself, or another person, or a corporation that can harm state finances or the state economy, and the act of a natural person as an organ of the corporation unlawfully commits an act of enriching the corporation that can harm state finances or the state economy (Januarsyah, 2020).…”

Section: B Pt Timah Tbk As a Legal Subject Of Corruption Crimementioning

confidence: 99%

Vicarious Responsibility Theory on the Corruption Case by PT Timah Tbk

Sari,

Pujiyono

2024

IJSSHR

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The alleged corruption case of tin commodity trading system in the PT Timah Tbk Mining Business License (IUP) area for the 2015-2022 period has caused state losses of hundreds of trillions of rupiah. This article examines the applicability of vicarious responsibility theory or substitute responsibility theory to the case of corruption in the tin commodity trading system in the PT Timah Tbk Mining Business License (IUP) area. This research aims to look at all aspects of corporate liability theory, one of which is vicarious responsibility theory. Related to the corruption case of PT Timah Tbk, vicarious responsibility theory does not apply, because the perpetrator is a superior, so it is not possible for his subordinates or other people to take responsibility for his actions

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Section: B Pt Timah Tbk As a Legal Subject Of Corruption Crimementioning

confidence: 99%

Vicarious Responsibility Theory on the Corruption Case by PT Timah Tbk

Sari,

Pujiyono

2024

IJSSHR

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“…This non-recognition of the status of a corporation as a legal subject was influenced by Von Savigny's fiction theory. Savigny argued that a legal entity is an artificial object created by a human's mind and thus does not possess its own personality (Pratama & Januarsyah, 2020). In this sense, the identification of the corporate's mens rea in a crime became problematic (Maryono and Yuhelson, 2017).…”

Section: Literature Reviewmentioning

confidence: 99%

Artificial Intelligence Crime within the Concept of Society 5.0: Challenges and Opportunities for Acknowledgment of Artificial Intelligence in Indonesian Criminal Legal System

Mulya

Ali²

2023

IJLPS

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This research explores the challenges and opportunities for the recognition of Artificial Intelligence (A.I.) as a new legal subject in the Indonesian Criminal Legal System within the concept of Society 5.0. There have been circulating debates concerning the possibility of approving A.I is a novel legal subject, as it does not possess independent consciousness; its existence and action are determined by another entity, that is, the programmer or developer of that A.I. Hence, an A.I cannot be imposed with legal responsibilities. However, due to the ever-growing nature of human civilization, it is probably safe to argue that the future of A.I. is still unclear. A.I. might execute an order which opposes that of its creator, for instance, a crime. A question then may arise following this theory: if an A.I. behaves in contrast to its creator’s intention, can it be accepted that such A.I. has developed its own mind, fully separated from the human entity? Then, on that account, can the A.I. be inflicted with criminal responsibility? Consequently, if the answer is positive, what should be changed or adjusted in the Indonesian Criminal Legal System so as to incorporate such liability of A.I.? Finally, what would be the plausible sanction that can be imposed on an A.I. committing a crime? Will such kind of sanction be sufficient and suitable for society’s standards? This paper will try to present elaborate discussions regarding these concerns.

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“…The posts of legal justice, legal certainty, and the use of Law are the main foundations of the democratization process. 16 Furthermore, consistent and integrated law enforcement will also benefit the community, namely the emergence of a deterrent effect to prevent someone who wants to commit corruption. Another benefit is the growth of public trust in law enforcement efforts and law enforcement officials so that public support for law enforcement agencies will be strengthened.…”

Section: The Principles Of Ultimate Remedium In Criminal Law As An Ef...mentioning

confidence: 99%

The Ultimate Remedium Principle in the Strategy of Returning and Recovering Corruption Crimes

Firdaus¹,

Harve²,

Simbolon³

2022

SASI

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Introduction: The problem of corruption is not new in a country. So that the application of the ultimum remedium principle in corruption crimes provides a deterrent effect for the perpetrators to recover assets from state losses. The ultimum remedium principle places criminal law as a last resort in realizing legal justice, legal certainty, and legal benefits.Purposes of the Research: This study aims to determine the principle of criminal law as a last resort (Ultimate Remedium) as an Effort in the Eradication of Corruption and how effective the ultimum remedium principle is in eradicating corruption.Methods of the Research: The research method used is normative research. Normative or doctrinal legal research is a legal research that puts the law as a building system of norms. The technique of data collection is done by literature study.Results of the Research: The study results show that the ultimum remedium principle is very effective if the punishment given to the perpetrators of corruption is in the form of hefty penalties to provide a deterrent effect and provide an example for the community not to do so. This study concludes that the ultimum remedium principle is the last step in achieving legal justice, legal certainty, and legal benefits. So that an integral criminal justice system is carried out with a systemic approach with related policy arrangements in the field of structuring legal substance, legal structures or institutions, and legal culture.

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Penerapan Sistem Pertanggungjawaban Pidana Korporasi sebagai Subjek Tindak Pidana dalam Undang-Undang Pemberantasan Tindak Pidana Korupsi

Cited by 3 publications

References 0 publications

Vicarious Responsibility Theory on the Corruption Case by PT Timah Tbk

Vicarious Responsibility Theory on the Corruption Case by PT Timah Tbk

Artificial Intelligence Crime within the Concept of Society 5.0: Challenges and Opportunities for Acknowledgment of Artificial Intelligence in Indonesian Criminal Legal System

The Ultimate Remedium Principle in the Strategy of Returning and Recovering Corruption Crimes

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