Karya Ilmiah

DISERTASI (314) - Hakikat Penegakan Hukum Perkara Tindak Pidana Korporasi Dalam Sistem Peradilan Pidana

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The existence of corporate greatly helps the government in reducing unemployment
and poverty so that law enforcement against corporate can also hamper government
efforts in reducing unemployment and poverty. Corporate involvement in
committing a crime is not unusual because in its development the corporate was
even formed to commit a criminal act. A lot of act in Indonesia that contain
criminal sanctions and include corporate as one of the legal subjects, but law
enforcement against corporate is still a little because there are unclear regulations
regarding the mechanism of law enforcement against corporate ranging from
investigations, investigations, prosecutions, hearings at court hearings , criminal
liability and implementation of court decisions.
The characteristics of corporate crime as a corporate crime are extraordinary crimes
because they cause many victims, corporate crime is a transnational crime,
corporate crime are part of economic crime, corporate crime is a crime of abuse of
economic power and corporate crime always contain management actions that ultra
vires. The main requirement that must be met in corporate criminal liability is that
corporate benefit from crime committed by corporate organs in order to carry out
the desired work of the corporate and the crime is carried out in the interests of the
corporate. There are several important points that must be considered in the
examination of corporate crime in the criminal justice system as ius constituendum,
namely the criteria for corporate fault as a basis for the punishment should be
regulated in a act; the investigation concept to be used in corporate crime is the
concept of investigation regulated in the KPK Act, investigations and prosecutions
to corporate and corporate organs are submitted or carried out together in order to
realize the principle of justice fast, simple and low cost; in principle, corporate
organs who represent corporate in giving information at each stage must be the
same person but in urgent circumstances other administrators can provide
information provided the information provided at the stage of investigation is
binding corporate; in the interest of a fair and impartial investigation of corporate
crime cases, the party representing the corporate in giving information as a witness
or suspect or defendant is a party that has nothing to do with a crime that is alleged
or charged to the corporate; the provisions for payment of criminal penalties against
corporate and corporate organs are the same, namely if the fine is not paid then the
corporate assets and/or the orgnas of the corporate are seized for auction in the
interest of paying fines; and additional crimes that must be borne by the corporate,
namely the restoration of the situation in the event of any damage or loss due to
direct or indirect consequences of corporate crime as a manifestation of restorative
justice.
Keywords: Corporate Crime, Law Enforcement, Criminal Justice System

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Ketersediaan

031227017348

314 Har h

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

314 Har h

Penerbit

Surabaya : Fakultas Hukum Unair., 2020

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

TINDAK PIDANA KORPORASI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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