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All Journal Jurnal Dinamika Hukum Jurnal Media Hukum LAW REVIEW Journal of Law and Policy Transformation Global Legal Review Indonesian Journal of International Law Jurnal Konstitusi COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Cerdika: Jurnal Ilmiah Indonesia
Jamin Ginting
Fakultas Hukum, Universitas Pelita Harapan
Humanities Economics, Econometrics & Finance Education Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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PERJANJIAN INTERNASIONAL DALAM PENGEMBALIAN ASET HASIL KORUPSI DI INDONESIA Ginting, Jamin
Jurnal Dinamika Hukum Vol 11, No 3 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.3.173

Abstract

International agreement is an important requirement to make asset recovery effectively.  Mutual Legal Assistant (MLA) and Extradition are types of international agreement which usually used among country in asset recovery.  Beside the regulations mentioned above, there are international regulation in United Nations ConventionAgaints Corruptio, 2003 (UNCAC 2003) which should be adopted and applied in Indonesian Regulation to make asset recovery  effectively, such as regulation concerning Illicit Enrichment, Trading in Influence, bribery of foreign public officials and officials of Public international organizations, bribery in the private sector and another regulations which is  supposed to be regulated in Indonesian’s regulation.Key words: corruption, international agreements, extradition
Kedudukan Hukum Pemohon Perusahaan Swasta Dalam Permohonan PKPU Terhadap PT Persero di Indonesia (Analisis Putusan Nomor 425/PDT.Sus-Pkpu/2021/PN.Niaga.JKT.PST) Ginting, Jamin; Hernico, Brenda
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 4 No. 10 (2025): COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v4i10.2937

Abstract

Suspension of Payment (PKPU) is a legal mechanism allowing debtors to propose a peace agreement with creditors before being declared bankrupt, as regulated in Article 2 of Law No. 37 of 2004 on Bankruptcy and Suspension of Payment. However, discrepancies arise when PKPU applications from private companies against PT. Persero conflict with Article 2 paragraph (5), which requires certain BUMNs to have applications filed by the Minister of Finance. In the case of PKPU No. 425/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst, PT Mitra Buana Koorporindo’s application against PT Garuda Indonesia (Persero) Tbk was granted, highlighting legal uncertainty for private creditors unable to submit similar claims. This research aims to examine the judge's considerations and the legal standing of private PKPU applicants against PT. Persero under the Bankruptcy Law. Using a normative-empirical method, supported by case studies and interviews, the study finds that classifications of PKPU applicants are detailed in the Bankruptcy Law but often cause confusion in practice. The findings reveal that the current regulations do not sufficiently protect private creditors' rights. Nevertheless, in PKPU case No. 425/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst, the application was deemed compliant with the Bankruptcy Law, allowing private creditors to pursue claims against PT. Persero.
Extraterritorial Jurisdictions: Implementation of Foreign Public Officials in United States, United Kingdom, and Indonesia Ginting, Jamin; Fadjar, Raden Febriarto; Talbot, Patrick
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Cross-border business transactions have the potential to be corrupted, especially in the form of bribery committed by actors from different countries and within different jurisdictions. The Indonesian Corruption Law has not regulated how to criminalize Indonesian public officials or certain private companies who bribe officials in other countries or vice versa. Although Indonesia has ratified the United Nation Convention Against Corruption, it has not adopted provision on bribery of foreign public officials. Among the international community, the regulations for bribery of foreign public officials have been started by the US Foreign Corrupt Practices Act of 1977. The United Kingdom also has an international bribery law for British entities called the United Kingdom Bribery Act 2010. The research issue is the implementation of the bribery article to the providers and receivers, under the conditions that they are not Indonesian citizens and the crimes were done outside of Indonesia. By using normative legal research method, the authors expect to provide an overview of Indonesian legal arrangements regarding the bribery of foreign public officials in order to banish foreign bribery practices that involve Indonesians and foreigners.
Corporate Criminal Liability in Jordan, Australia, and Indonesia: A Comparative Analysis of Doctrines and Recent Developments Emiliya Febriyani; Jamin Ginting; Basuki Rekso Wibowo
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11527

Abstract

This study analyzes the development of corporate criminal liability in Jordan, Australia, and Indonesia through a comparative doctrinal approach, focusing on the shift from the traditional identification doctrine toward models that attribute criminal fault to corporate culture. The research applies a normative legal method combined with comparative legal analysis, examining the Jordanian Penal Code, the Australian Criminal Code Act 1995 (Cth) and the Australian Law Reform Commission Report No. 136 (2020), Law No. 1 of 2023 on the New Indonesian Criminal Code (KUHP), and Supreme Court Regulation No. 1 of 2023, alongside scholarly literature on identification doctrine, vicarious liability, strict liability, and corporate culture theory. The findings show that Jordan retains a classical identification-based model, holding corporations liable only when fault can be linked to individuals acting as the “directing mind and will.” Australia has adopted the most advanced framework through Section 12.3 of the Criminal Code, which attributes fault based on corporate culture and is strengthened by proposals for system-of-conduct offences. Indonesia occupies a transitional position: although the Law No. 1 of 2023  formally recognizes corporations as criminal subjects, its fault-attribution structure remains hybrid, and organizational fault is only expressly acknowledged sectorally through Supreme Court Regulation No. 1 of 2023. The study concludes that effective corporate criminal liability depends on a legal system’s capacity to conceptualize fault as systemic failure rather than individual wrongdoing.
Co-Authors Basuki Rekso Wibowo Chen, Elizabeth Darryl, Erdick Elizabeth Chen Emiliya Febriyani Fadjar, Raden Febriarto Helfinsi Raportina Hernico, Brenda Jur. M. Udin Silalahi Nugroho Adipradana Rianto Adi, Rianto Rodliyah Sitanggang, Rufina Astuti Sumerah Talbot, Patrick Vincensia Esti Purnama Sari