Claim Missing Document
Check
Articles

Found 3 Documents
Search

The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions Rahayu, Hartoto Suci; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i1.29501

Abstract

The development of cyber crime gives birth to new facts that corporations can become perpetrators of criminal acts, therefore it is necessary to impose criminal responsibility on the corporation. The purpose of this research is to find out the criminal responsibility of corporations in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. The type of research in writing this journal is normative or doctrinal by using a statutory approach and taking primary and secondary legal materials. Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions adopts the doctrine of identification in imposing criminal liability on corporations. In addition, actions against the law by the management and / or staff of the corporation can be subject to criminal liability based on the doctrine of vicarious liability.
The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions Rahayu, Hartoto Suci; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i1.29501

Abstract

The development of cyber crime gives birth to new facts that corporations can become perpetrators of criminal acts, therefore it is necessary to impose criminal responsibility on the corporation. The purpose of this research is to find out the criminal responsibility of corporations in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. The type of research in writing this journal is normative or doctrinal by using a statutory approach and taking primary and secondary legal materials. Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions adopts the doctrine of identification in imposing criminal liability on corporations. In addition, actions against the law by the management and / or staff of the corporation can be subject to criminal liability based on the doctrine of vicarious liability.
Validity and Legal Consequences of Peace Agreements in The Settlement of Sexual Harassment Cases Rahayu, Hartoto Suci; Markoni; Dyah Permata Budi Asri; I Made Kanthika; Tuti Elawati
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3102

Abstract

The settlement of sexual harassment cases through peace agreements based on contracts remains a practice commonly found in society. This practice raises complex legal issues as it lies at the intersection of civil law and criminal law. On one hand, civil law recognizes contracts as legally binding instruments provided that the legal requirements of validity are fulfilled. On the other hand, sexual harassment constitutes a criminal offense, meaning that its resolution cannot rely solely on the agreement of the parties involved. This study aims to analyze the settlement of sexual harassment cases through contractual peace agreements from the perspectives of civil law and criminal law. The research employs a normative legal method using statutory and conceptual approaches. The legal materials consist of primary and secondary sources, which are analyzed qualitatively. The findings indicate that peace agreements in sexual harassment cases may be considered legally valid only if they fulfill the legal requirements of a contract, particularly the existence of free consent and a lawful cause. From a criminal law perspective, a peace agreement between the perpetrator and the victim does not eliminate the unlawful nature of sexual harassment, as such acts involve public legal interests protected by the state. Therefore, peace agreements may only operate within the civil law domain and cannot be used as a basis to negate criminal law enforcement processes.