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Aprima Suar
Fakultas Hukum, Universitas Trisakti
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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SANKSI YANG DAPAT DI KENAKAN TERHADAP KORPORASI YANG TERLIBAT PIDANA Muhamad Sopian; Vience Ratna Multiwijaya; Aprima Suar
Ensiklopedia Sosial Review Vol 6, No 3 (2024): Volume 6 No 3 Oktober 2024
Publisher : Ensiklopedia Social Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v6i3.1578

Abstract

Abstract: As corporations grow increasingly rapidly in the field of economic activity, what is called corporate crime emerges. Corporate crime is an Extra Ordinary Crime. In fact, the impact is not just a momentary loss, but has an impact for a very long time. Therefore, Muladi believes that the idea of punishing corporations through criminal policies is becoming increasingly stronger and important. The recognition of corporations as subjects of criminal law means that corporations can be held accountable. This also means that in both academic and practitioner circles, special crimes called corporate crimes are considered crimes whose perpetrators (corporations) can be held accountable under criminal law. Discussing the problems in this scientific work assignment, the author tries to conduct a scientific analysis using the theory of punishment, namely that a person will not be punished if there is no mistake. Corporate criminal liability cannot be separated from the two subjects of criminal law in corporate crimes, namely the person as manager and the corporation itself. So that in relation to the position of the corporation and the nature of corporate criminal liability in corporate crimes, there are three models of corporate criminal liability, namely the management as the creator and the manager who is responsible, the corporation as the maker and the management are responsible, the corporation as the maker and also the responsible. Prevention of corporate crime can be done in the following ways. The government and legal authorities must provide strict supervision to legal entities and take firm action if corporate crime occurs. Strict supervision/control will narrow the space for a legal entity to commit violations. The role and participation of the community in monitoring violations and crimes committed by corporations and cooperation from various parties, namely the government, law enforcement officials and the community to prevent corporate crimes in monitoring every activity of a corporation.Keywords: Sanctions, Imposed on Corporations, Involved in Crime.
PERTANGGUNGJAWABAN KEJAHATAN KORPORASI DALAM PEMBAYARAN UANG PESANGON AKIBAT PEMUTUSAN HUBUNGAN KERJA Irianto Kabes; Vience Ratna Multiwijaya; Aprima Suar
Ensiklopedia Sosial Review Vol 6, No 3 (2024): Volume 6 No 3 Oktober 2024
Publisher : Ensiklopedia Social Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v6i3.2734

Abstract

Abstract: Of the total 536 collective agreements related to layoffs in 2019, only 147 agreements, which is equivalent to around 27 percent, provided layoff compensation in accordance with labor regulations. On the other hand, 384 agreements, or around 73 percent, did not meet the provisions of the applicable law in terms of layoff compensation payments. This research aims to identify corporate responsibility in terms of severance pay due to layoffs., This research carried out using a normative and descriptive approach, using secondary data for qualitative analysis. Deductive logic methods are applied to reach conclusions. with the problem formulation, what is the responsibility for corporate crime in the payment of severance pay due to termination of employment? Research results show that Termination of Employment (PHK) is a termination of the employment relationship between a company and employees which can occur for various reasons, including the employer's initiative, the wishes of workers, legal regulations, or decisions of the Industrial Relations Court (PHI). Layoffs require employers to provide compensation in the form of severance pay, gratuity pay, and compensation for rights in accordance with the provisions. Types of layoffs include changes in company status, efficiency, liquidation, force majeure, bankruptcy, violation of provisions, retirement, and death or permanent disability. Corporations that do not fulfill their severance pay obligations can be subject to criminal sanctions according to various theories of corporate responsibility including strict liability, vicarious liability, direct corporate criminal liability, aggregation theory, and corporate culture model.Keywords: Corporations, Employment, Crime
PERTANGGUNG JAWABAN KORPORASI DALAM TINDAK PIDANA PERSAINGAN USAHA DI INDONESIA Andi Sukrianto; Vience Ratna Multiwijaya; Aprima Suar
Ensiklopedia Sosial Review Vol 6, No 3 (2024): Volume 6 No 3 Oktober 2024
Publisher : Ensiklopedia Social Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v6i3.2735

Abstract

Abstract: Corporate accountability in business competition crimes in Indonesia is one of the important aspects in the effort to create a healthy and fair business competition climate. corporations or business entities can act as legal subjects that engage in anti-competitive actions detrimental to public interests, such as cartel monopoly practices or abuse of dominant positions. In the context of law in Indonesia, this business competition crime is regulated by various regulations, especially in. (Law No. 5 of 1999) This research method is used as a way to examine and analyze research problems, with the type of legal research used being normative legal research. descriptive in nature by adopting a regulatory approach (statute approach). In the Supreme Court Regulation Number 13 of 2016, Article 4, paragraph (1) states that corporations can be held accountable in accordance with corporate criminal provisions in the law governing corporations. If a corporation is proven to have committed an offense, both administrative and criminal sanctions can be imposed, with the aim of preventing anti-competitive behavior and protecting consumers and other business actors.Keywords: corporate accountability in criminal offenses.
Co-Authors Andi Sukrianto Irianto Kabes Muhamad Sopian Vience Ratna Multiwijaya