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All Journal Masalah-Masalah Hukum Jurnal Ilmiah Hukum dan Dinamika Masyarakat
Laila Mulasari
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Law, Crime, Criminology & Criminal Justice

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AJARAN PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM KEBIJAKAN HUKUM PIDANA DI BIDANG MAYANTARA Laila Mulasari
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 9, No 2 (2012): Hukum dan Dinamika Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (480.963 KB) | DOI: 10.56444/hdm.v9i2.301

Abstract

Imposition of a basic responsibility of corporations in a law (in this case specifically related to criminal law policy in areas mayantara) is a combination from several existed teaching / doctrine of criminal liability. Moreover, by looking at trends and developments in criminal law including the Criminal Law of Indonesia, which was recently accepted the establishment that corporation, though in its heart has no criminal liability but can be burdened also. Proved that the burden of criminal responsibility, especially if the perpetrators of criminal acts were the corporation itself, is still charged either to the corporation and the managers that have a functional position in the corporate organizational structure.
KEBIJAKAN FORMULASI TENTANG TINDAK PIDANA KESUSILAAN DI DUNIA MAYA DALAM PERSPEKTIF HUKUM ISLAM Laila Mulasari
Masalah-Masalah Hukum Masalah-Masalah Hukum Jilid 41, Nomor 1, Tahun 2012
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (153.894 KB) | DOI: 10.14710/mmh.41.1.2012.98-109

Abstract

Related to criminal case based technology, in fact once law inanition (rechtsvacuum) occurred because difficulty in offences formulating  (one of them because offences against decency in cyber space) and inability of positive penal law to seek both knowledge and technology development, therefore absence Act Number : 11, 2008 about Information and Electronic Transaction. The interesting problem was related to law enforcement in order to prevent  and overcome the offences against decency especially within cyber space through those regulations. Other regulations  also related by problem which will researched was Act No. 44, 2008 about Pornography. Historical report showed that, several cases of pornography assessment was failed to be punished because specialist witness within court success convincing judge that contravene morality although proved, it didn't meant pornography. Of course this  case contravene with First Moral Principle of Pancasila, “Ketuhanan Yang Maha Esa”, considering that within Islamic law already ruled clearly. Unfortunately, in Indonesia country with majority have Islam religion, precisely Islamic penal law description not known much and learned. Should be, honestly should acknowledge that Islamic penal law also needs studied and found their role in order to Indonesia's penal law renewal. Law enforcement in order to prevent and overcome  offences against decency especially within cyber space through positive law have great challenge. One of challenge should create are by transforming Islamic regulation into positive penal law in Indonesia as already occurred within positive Islamic civil law sector.  Keywords :  Offences Against Decency, Cyberspace, Penal Policy, Islamic Law.
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