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Criminal Liability of Corporations in Criminal Acts of Corruption Chandra Apriadi; Firman Wijaya
Tarumanagara Law Review Vol. 1 No. II (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v1iII.38985

Abstract

The concept of criminal liability towards corporations is a new concept in criminal law. Before the advent of this concept, only natural people were subject to criminal law, but now corporations are subject to criminal law. The problem faced is corporate criminal responsibility in corruption. The research method used in this paper is a normative legal research method. Normative legal methods are research methods that use literature to discuss existing legal issues. Corporate criminal liability for corrupt acts committed by corporations can be carried out by: corporation, management and corporation. Corruption criminal acts that can be carried out by corporations are criminal acts of corruption that are regulated in Article 2 paragraph (1), Article 3, Article 5 paragraph (1), Article 6 paragraph (1), Article 7, Article 13, Article 15, and Article 16 Law 20 of 2001 concerning Eradication of Corruption. So not all criminal acts of corruption can be committed by corporations.
Protecting State-Owned Assets from International Arbitral Execution: A Case Study of PT PAL Indonesia Adeline; Firman Wijaya
Tarumanagara Law Review Vol. 3 No. I (2021): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v3iI.39009

Abstract

Cases of sexual abuse in children have received a lot of special attention in terms of handling, starting from the establishment of Government Regulation Number 1 of 2016, until the ratification of Government Regulation Number 20 of 2020 which contains additional criminal sanctions in the form of chemical castration. Chemical castration has previously been adopted by many countries in the world, but it is a new thing for Indonesia to implement it since the decision of the convicted person, Mohammad Aris, who sexually abused 9 minors. However, the existence of regulations regarding additional punishment in the form of chemical castration raises pros and cons in the medical and legal circles. The doctor appointed as the executor in carrying out the injection of chemical castration refuses on the grounds that his actions are not in accordance with medical principles such as the Code of Medical Ethics. Therefore, there is a legal vacuum that occurs due to the refusal of the doctor as the executor of the chemical castration punishment. Various discussions and efforts will be continued by the legal team and the medical team in order to make this chemical castration criminal punishment a success. The matter regarding the perpetrators must be severely punished, both parties have agreed, however, regarding the execution of chemical castration, there is still no middle ground regarding the executor who will carry out the injection.