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International Journal of
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VOL. 3, ISSUE 4 (2017)
Corporate crime liability in corruption crimes based on justice values
Authors
Djamal, Gunarto, Endah Wahyuningsih
Abstract
A corporation is an organized collection of people and / or assets, whether legal entities or non-legal entities.
The corporation is a legal subject whose shares are referred to its members. Corporations operates based its responsibility of the purpose of the establishment of the corporation.
There are three problems discussed in this research, in which are: (1) How is the corporation's crime liability in the current corruption crime law; (2) The weaknesses of current corporate crime liability law; and (3) Reconstruction of corporate crime liability in corruption based on three values of justice. To analyze the problem, the authors use a method of socio-legal research that is a law research studies with non-positivist paradigm. That legal research with philosophical hermeneutics (constructivism), and paradigms Critical theory (Critical Theory) through interpretative view / verstehen. Some theories used in this research are; Theory of Justice, Theory of Justice in Philosophy of Islamic Law, Pancasila Justice Theory, Theory of State of Law, Progressive Law Theory, Theory of the working of the Law.
The research objectives are (1) Analyzing corporate crime liability in the current corruption crime law. (2) to analyze the weaknesses of corporate crime liability in corruption currentl. (3) Reconstruct the corporate crime liability in corruption based on values of justice. From the research findings, shows that corporations are to be recommended as a "legal subjects" in the crime act of corruption regulated in Law no. 31 of 1999 as amended by Law no. 20 Year 2001 on the Eradication of Corruption. In relation to corporate crime liability in the crime act of corruption, the main principle that applies is that there must be a schuld to the perpetrator.
In addition to the weaknesses in the formulation of crime regulation (crime responsibility) of corporation in corruption at the top, it turns out there is also a general weakness in the formulation UUPTPK affecting corporate crime liability in corruption, namely: (a) the exclusion of the notion conspiracy by UUPTPK. (B) Unregulated conditions of repetition of corruption according to UUPTPK. (C) Of KUHAP Article 143 paragraph 2 letter a only accommodates the identity of the person as a legal subject in a crime act, has not set the corporation status as a suspect or defendant.
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Pages:119-124
How to cite this article:
Djamal, Gunarto, Endah Wahyuningsih "Corporate crime liability in corruption crimes based on justice values". International Journal of Law, Vol 3, Issue 4, 2017, Pages 119-124
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