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PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU TINDAK PIDANA PENYEBARAN DATA PRIBADI Denta Putra Azhar; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.200

Abstract

The existence of criminal acts of spreading personal data that occurred in Indonesia is becoming increasingly high in development, where not only the perpetrators are individuals but also the perpetrators are companies or corporations. But in reality law enforcement still cannot touch criminal acts where the perpetrators are corporations, especially those who are held accountable under criminal law. The problems raised by the author are: 1) What is the criminal responsibility of the corporation as the perpetrator of the criminal act of corruption in the case. The approach method in research is normative juridical with a qualitative nature and uses data sources in the form of secondary data. The author gives the opinion that the appropriate form of criminal responsibility is the imposition of aspects of responsibility that are criminal in nature against the corporation and also the management of the corporation, which will then lead to a deterrent effect for corporations not to commit criminal acts
Pembatasan Kasasi Perkara Pidana Oleh Mahkamah Agung Ditinjau Dari Hak Rakyat Untuk Memperoleh Keadilan Withania, Aurelia Verina; Mahyani, Ahmad
BULETIN ADALAH Vol. 5 No. 2 (2021)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v5i2.21469

Abstract

The existence of rules limiting the cassation becomes an obstacle for the public to obtain justice and is not in accordance with the principles of the state of Indonesia as a state of law which is stated in the provisions of the 1945 Constitution of the Republic of Indonesia in Article 28D. Problem: Is the limitation of cassation in Article 45A of the Supreme Court Law in accordance with the provisions of the 1945 Constitution and the Criminal Procedure Code. This research is a normative research method with a statutory approach and a conceptual approach as well as prescriptive analysis techniques. The cassation legal effort should return to its basic purpose, namely maintaining legal uniformity and unity and providing justice for the community.