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All Journal Jurnal Yustika: Media Hukum dan Keadilan
Kristina, Michelle
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19 Kristina, Michelle
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 24 No. 01 (2021): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v24i01.4610

Abstract

The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.
Strengthening Corporate Crime Prevention In The Digital Economy In ASEAN Kristina, Michelle
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 26 No. 02 (2023): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v26i02.6618

Abstract

Economic growth and development in the digital era have presented new challenges in structuring business between countries, especially countries in ASEAN. Relations and cooperation between corporations are no longer limited to being within the scope of one country but across countries. Such conditions certainly produce new threats. In addition to the positive impact on corporations by presenting wider markets and development opportunities in ASEAN countries, economic developments in the digital era are also accompanied by negative impacts. This can be seen from the opportunity to commit transnational corporate crimes, such as corruption, and market abuse by conducting covert monopolies and creating an unhealthy economic climate for market growth by presenting unfair competition between capital owners. Such a situation will certainly damage the spirit of solidarity presented by ASEAN when initiating the MEA. Therefore, it is necessary to have an integrated system between countries in ASEAN that covers cooperation between corporations in preventing corporate crime in the era of the digital economy. Furthermore, the government and society can find out every beneficial ownership behind each of corporate crime. This integrated system will help economic actors, communities, and governments to map out the dangers and opportunities that cooperation between corporations in ASEAN countries can provide. A healthy economic climate can be created by presenting a system acceptable to all parties (government, corporate, and society). This research is focus on enhancing measures to prevent corporate crime within the digital economy across ASEAN countries.
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