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All Journal Nagari Law Review Bengkoelen Justice : Jurnal Ilmu Hukum
Emiliya Febriyani
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Law, Crime, Criminology & Criminal Justice

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Perbandingan Pertanggungjawaban Pidana Direksi Di Indonesia Dan Belanda Emiliya Febriyani
Nagari Law Review Vol 4 No 2 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.4.i.2.p.210-224.2021

Abstract

Directors are the most important organ in a company. But in practice, Directors often experience dilemmas in managing the company. On the one hand, Directors are required to make business decisions for the profit of the company. But on the other hand, if the loss causes a loss to the company, then the directors can be blamed and even held liable for criminal responsibility because it is deemed to have complied with the crime of corruption. That thing seems as if it has shown the gray area of law enforcement on directors' business decisions, which could be civil nature, but charged as criminal cases. For this reason, this paper compares the forms of criminal liability of Directors in Indonesia and the Netherlands. This paper uses a normative legal research method by using secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials relating to the comparison of criminal liability of Directors in Indonesia and the Netherlands which are analyzed using a comparative approach
CRIMINAL LAW POLICY IN THE JUVENILE CRIMINAL JUSTICE SYSTEM FOR RECIDIVIST OFFENDERS IN INDONESIA Aisyah, Wan Mutiara; Abdurrakhman Alhakim; Emiliya Febriyani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.37793

Abstract

Indonesia is a nation that regards human rights as a core principle. Ensuring the protection of human rights is a crucial responsibility of the Indonesian government, including extending this protection to juvenile offenders. Despite having a structured legal framework within the juvenile justice system, issues persist, particularly concerning juvenile recidivism in Batam City. Although Batam has been recognized as a Child-Friendly City, the problem of juvenile recidivism remains unresolved. This study aims to evaluate the fulfillment of criminal law policies for juvenile recidivists and the challenges they face within the legal system. The method employed is empirical legal research analyzing juvenile recidivism data from the Batam District Court for 2021–2023. The legal theories used to analyze this study include Lawrence M. Friedman’s Legal System Theory and the Dignified Justice Theory. The findings indicate that current criminal law policies regarding juvenile recidivism in Batam City are not fully effective, with challenges arising from legal loopholes and limitations in diversion programs for repeat offenders. Keywords: Juvenile criminal justice, Recidivism, Legal Policy
Co-Authors Abdurrakhman alhakim Aisyah, Wan Mutiara