Article Per Year (5 Year)
p-Index From 2020 - 2025
1.152
P-Index
This Author published in this journals
All Journal Masalah-Masalah Hukum Jurnal Konstitusi Justitia et Pax Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Jurnal Konstitusi Jurnal Hukum dan Pembangunan
Muhammad Fatahillah Akbar
Fakultas Hukum, Universitas Gadjah Mada
Humanities Law, Crime, Criminology & Criminal Justice Other

Published : 11 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Jurnal Hukum dan Pembangunan

 1 
PENERAPAN PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM BERBAGAI PUTUSAN PENGADILAN Akbar, Muhammad Fatahillah
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

By the development of criminal law in Indonesia, the corporate criminal responsibility has been introduced in many Acts. In the practices, there are criminal court decisions which sentenced corporations. This article aims to comprehensively examine how corporate criminal responsibility is implemented in various court decisions. It is found that aggregation theory, which corporate criminal responsibility is based on the actions of some people in the corporation scope, has been applied in most cases. Howeverm the weakness of the aggregation theory, in environment crimes, only corporation which was responsible and most organizers were not. On the other hand, in the corruption cases, the organizers, such as directors, were responsible, even thought they were adjudicated in different examinations. In promoting cheap, efficient, and simple examination, the combination of cases between corporations and directors shall be applied more. Furthermore, the Supreme Court Regulation Number 13 of 2016, the corporate criminal responsibility provision shall be regulated in the Act type, such as in the Bill of Criminal Code.
POLITIK HUKUM PIDANA TERHADAP PERBUATAN NARAPIDANA MELARIKAN DIRI DARI LEMBAGA PEMASYARAKATAN DI INDONESIA Akbar, Muhammad Fatahillah
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Prison escape has been committed by many prisoners in several correctional institutions in Indonesia. Since it is not a crime under Indonesian Law, the punishment of the action is merely an discipline sanction. Then, the existing punishment is not sufficient to prevent and eradicate prison escape. Hence, the rehabilitation by the correctional system will never work. This paper aims to analyse how the existing legislation regulates on the prison escape and how the viable regulation in prison escape. It is proven than in the Act on Correctional Institution and in the other relevan regulations, prison escape can never be investigated since it is not a crime. Then, discipline sanction is the only punishment. In few cases, it may also be considered as durress. Furthermore, it is stated that the criminalization of prison escape is a must. It fulfils the parameters of criminalization. Hence, the prisone escape shall be considered a crime in the future law.
Co-Authors Dian Agung Wicaksono