Sindy Riani Putri Nurhasanah
Fakultas Hukum Universitas Jenderal Soedirman

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Rekonstruksi Sanksi Pidana Korporasi dalam Tindak Pidana Lingkungan Hidup Berparadigma Green Victimology Sindy Riani Putri Nurhasanah; Shane Evelina; Diah Ayu Ma'rifatul Jannah
Jurnal Hukum Lex Generalis Vol 2 No 12 (2021): Tema Hukum Korporasi
Publisher : CV Rewang Rencang

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Abstract

This study aims to answer two questions, (1) What is the urgency of reconstructing corporate criminal sanctions in environmental crimes from the green victimology paradigm?; (2) How is the reconstruction of corporate criminal sanctions in environmental crimes with the paradigm of green victimology? To answer this question, the author conducted doctrinal research based on secondary data with qualitative analysis techniques. The research results showed that: (1) The urgency of the reconstruction of corporate criminal sanctions in environmental crimes is based on the absence of consistency in environmental-oriented sanctions,, so that criminal sanctions in the form of recovery do not run optimally. Based on the paradigm of green victimology, victims of environmental crimes are actually the environment. Therefore, criminal sanctions in the form of reparation need to be placed as the main choice; (2) Reconstruction of corporate criminal sanctions in environmental crimes with a green victimology paradigm can be carried out with several alternatives including making recovery the main criminal sanction or affirming the double-track system in the form of imposition of basic criminal sanctions and additional criminal sanctions, where additional criminal sanctions are imposed required is recovery. Meanwhile, if additional criminal sanctions in the form of recovery cannot be carried out, then additional criminal sanctions in the form of confiscation of assets or closure of business activities can be imposed as a substitute. The implementation of the recovery actions was supervised by the prosecutor by involving various stakeholders such as affected communities, environmentalists, and the Ministry of Environment and Forestry of the Republic of Indonesia.
Quo Vadis Esensi Lembaga PKPU Pasca-Putusan Mahkamah Konstitusi Nomor 23/PUU-XIX/2021 Antonius Sidik Maryono; Ulil Afwa; Sindy Riani Putri Nurhasanah
Jurnal Hukum Lex Generalis Vol 3 No 4 (2022): Tema Hukum Perdata
Publisher : CV Rewang Rencang

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Recognition of the authority of creditors in filing applications for Suspension of Payment (PKPU) at the implementation level is often misused by creditors with bad intentions as a shortcut to bankrupt debtors. Therefore, the Constitutional Court through Ruling Number 23/PUU-XIX/2021 decided to open space for an appeal against PKPU whose reconciliation proposal was rejected by creditors. But on the other hand, the existence of decisions that are final, binding, and erga omnes a quo arises skepticism of the essence and principles contained in the payment suspension institution itself. Moving on from these problems, this study aimed to analyze the juridical implications of Ruling Number 23/PUU-XIX/2021 on the existence and essence of the PKPU institution in Indonesia. This type of research is doctrinal research that relies on secondary data. The findings in this study indicated that the opening of an appeal in PKPU due to the rejection of the peace proposal by creditors has the potential to cause uncertainty, and injustice to parties with good intentions, and distort the essence of the payment suspension institution itself. The basic problem that allowed distortion of the payment suspension institution is that the filing requirements were too simplistic, thus creating a high possibility for the bankruptcy of solvent debtors.