Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
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This Author published in this journals
All Journal International Journal of Science and Society (IJSOC) Journal of Law, Poliitic and Humanities
Abdul Rasyid Saliman
Universitas Pertiba, Pangkalpinang, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Social Sciences

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An Analysis of the Application of the Principle of Due Diligence in Corporate Criminal Liability in Indonesia Zendy; Abdul Rasyid Saliman
International Journal of Science and Society Vol 8 No 2 (2026): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v8i2.1670

Abstract

The objective of this study is to analyze the legal status of the due diligence principle in determining corporate mens rea and to examine its application in the Indonesian criminal justice system. This study employs a normative legal research method using a legislative, conceptual, and case-based approach through the analysis of sectoral regulations and court decisions. The results of the study indicate that the principle of due diligence does not yet have an explicit legal standing in Indonesian positive law, although it is implicitly recognized in several sectoral regulations as a ground for exculpation or mitigation of liability. Its application by law enforcement officials is severely limited due to the absence of a normative framework, low technical capacity, and a judicial system oriented toward individual accountability. The conclusions of this study recommend legislative reform through implementing regulations of the Criminal Code, the development of technical guidelines for due diligence assessments, and the strengthening of institutional capacity among law enforcement officials.
Legal Loopholes in the Regulation of Corruption Eradication in the Management of State-Owned Enterprise Investment Funds in the Tourism Sector Yaumil Ikrom; Eka Wulandari Agustin; Eriska Tamara; Abdul Rasyid Saliman; Enny Agustina
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.3108

Abstract

This study examines the legal gap in the regulation of corruption eradication in the management of State-Owned Enterprises (SOEs) investment funds in the tourism sector. SOEs have a strategic role in developing national tourism through the management of large-scale assets and investments sourced from separate state assets. However, despite the existence of legal frameworks such as Law No. 19 of 2003 concerning SOEs, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, Law No. 25 of 2007 concerning Investment, and Law No. 10 of 2009 in conjunction with Law No. 6 of 2023 concerning Tourism, there are no specific regulations regarding the prevention, supervision, and action against corruption in SOEs' tourism investments. This legal gap has resulted in overlapping authority between supervisory institutions, weak transparency in financial reports, and the absence of clear indicators to classify acts as criminal acts of corruption in this sector. This study uses a normative juridical method with a statutory and conceptual approach to analyze regulatory gaps, examine international practices such as the provisions of the United Nations Convention against Corruption (UNCAC), and formulate the need for reformulation of specific regulations. The analysis demonstrates the urgency of establishing detailed regulations that address integrated oversight mechanisms, technology-based transparency, proportionate criminal and administrative sanctions, and integrate the role of supervisory institutions to prevent and prosecute corruption from the planning stage through project evaluation. Implementation of these specific regulations is expected to increase legal certainty, investor confidence, and the sustainability of national tourism development.
Co-Authors Eka Wulandari Agustin Enny Agustina Eriska Tamara Yaumil Ikrom Zendy