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All Journal Hermeneutika : Jurnal Ilmu Hukum Jurnal Riset Ilmiah Journal of Law and Social Politics
Marsudin Nainggolan
Universitas Jayabaya
Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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CORPORATE CRIMINAL LIABILITY IN LAW ENFORCEMENT AGAINST PREMANISM Albert Sanchez Sebayang; Zulkarnein Koto; Marsudin Nainggolan
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7462

Abstract

The practice of thuggery carried out by corporations is often found in the loan repayment process. This had resulted in the mushrooming of debt collector businesses, which generally employed high-profile ex-convicts who were used as collateral to intimidate other parties. In this study, the type of research used is normative juridical research using a law approach and a case approach. From the results of the study, it can be concluded that the enforcement of corporate criminal law against thuggery activities in the four cases studied by the authors was carried out by applying a penal policy (repressive effort). Repressive efforts were made against the Defendants by making arrests and then examining them for questioning for their actions. However, because the actions of the Defendants have deeply disturbed the public, especially the container trailer truck drivers, especially the actions of the Defendants are also contrary to the applicable regulations, the Public Prosecutor submits the Defendants to trial for later examination and trial by the Panel of Judges in the fairest way possible. The application of corporate criminal responsibility to thuggery, in this case the Panel of Judges sentenced the Defendants who were involved in one unit to PT. Tanjung Raya Kemilau, meaning, in this case the Panel of Judges applies the first model of the theory of corporate responsibility proposed by Mardjono Reksodiputro, namely "Corporate Management as the maker and the administrator is responsible", while still aligning the theory and the applicable legal rules contained in Article 48, Article 49, Article 50, Article 56, Article 486, Article 487 and Article 595 of the latest Draft Criminal Code. Thus, as one of the law enforcement officers, the panel of judges has carried out their duties in accordance with applicable regulations.
IMPLEMENTATION OF CORPORATE CRIMINAL RESPONSIBILITY IN LAW ENFORCEMENT OF THE TRANSNATIONAL DIMENSION OF TRAFFICTING IN PERSONS Reza Mahendra; Zulkarnein Koto; Marsudin Nainggolan
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7461

Abstract

Trafficking in persons is a modern form of human slavery (Modern Day Slavery) and is one of the worst forms of treatment for violations of human dignity. In this study, the type of research used is normative juridical research with a law approach and a concept approach. From the results of the study, it can be concluded that the use of criminal law regarding corporate criminal liability in the crime of trafficking in persons with a transnational dimension at Unit IV Sub-Directorate III of the Directorate of General Crimes of the Criminal Investigation Unit of the Police is to harmonize the legal arrangements for the criminal act of trafficking in persons charged by the public prosecutor that there are in Article 10 of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons with the theory put forward by experts related to the elements of criminal liability and the model of corporate criminal liability. The implementation of corporate criminal responsibility in law enforcement of the criminal act of trafficking in persons with an effective transnational dimension is one whose solution prioritizes the concept of restorative justice. The concept of restorative justice is the concept of resolving a particular crime that involves all interested parties to jointly seek a solution and at the same time find a solution in dealing with events after the crime has arisen and how to overcome its implications in the future.
PERLINDUNGAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENCUCIAN UANG PASIF YANG MEMILIKI ITIKAD BAIK UNTUK MEWUJUDKAN KEPASTIAN HUKUM Mochamad Luthfi Zulfikar; Kristiawanto Kristiawanto; Marsudin Nainggolan
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 6 (2026): SINERGI : Jurnal Riset Ilmiah, Juni 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i6.2584

Abstract

This study aims to analyze the legal regulation of passive money laundering perpetrators who have good intentions based on positive law in Indonesia and analyze the form of legal protection for passive money laundering perpetrators who have good intentions to realize legal certainty. The issues raised focus on how to regulate passive money laundering perpetrators who have good intentions based on positive law in Indonesia and what form of legal protection for passive money laundering perpetrators who have good intentions to realize legal certainty. The research method used is normative legal research with a statute approach, a conceptual approach, a case approach, and a comparative approach. Data sources are obtained from primary legal materials in the form of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), the Criminal Code (KUHP), Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2013 concerning Procedures for Settling Applications for Handling Assets in Money Laundering Crimes or Other Crimes, Government regulations or other implementing regulations. The research findings implementation of passive money laundering perpetrators who have good intentions has adopted a broad approach to encompassing passive perpetrators to enhance the effectiveness of crime eradication. However, this expansion still leaves legal issues, particularly regarding the unclear parameters of the phrase "knowingly or reasonably suspected" and the lack of explicit regulation of the concept of good faith, which has the potential to create legal uncertainty and the risk of criminalization of innocent parties. On the other hand, legal protection for passive perpetrators acting in good faith is essentially available through various mechanisms, such as the right to object, judicial procedures, Supreme Court guidelines, and whistleblower immunity. However, these regulations still need to be refined to achieve a more optimal balance between the effectiveness of money laundering and guarantees of justice and legal certainty. This research concludes that legal protection for passive perpetrators acting in good faith is essentially available through various mechanisms, such as the right to object, judicial procedures, Supreme Court guidelines, and whistleblower immunity
Reconstruction of Human Rights Protection in the Criminal Justice Process Based on the Modern Criminal Law Paradigm in Indonesia Marsudin Nainggolan
Journal of Law and Social Politics Vol. 4 No. 2 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i2.98

Abstract

Background: Human Rights (HAM) protection in the criminal justice system is a primary indicator of the legitimacy of a modern rule-of-law state. Indonesia has normatively adopted the principle of due process of law through the 1945 Constitution, the Criminal Procedure Code (KUHAP), and international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR). However, in practice, various human rights violations are still found, particularly during the investigation and evidentiary stages. Objective: This research aims to reconstruct a model of human rights protection based on the modern criminal law paradigm. Methods: The method used is normative juridical research employing statutory, conceptual, and case approaches. Results: The results show that human rights protection in Indonesia remains procedural rather than substantive. Therefore, an integrative model is needed that combines the legal theories of Hart and Dworkin, as well as the restorative justice approach. Conclusion: The findings demonstrate that an integrative model combining the exclusionary rule, pretrial reform, and restorative justice grounded in the legal theories of Hart and Dworkin   constitutes the most viable framework for achieving substantive human rights protection in Indonesia’s criminal justice system.
Co-Authors Albert Sanchez Sebayang Kristiawanto Kristiawanto Mochamad Luthfi Zulfikar Reza Mahendra Zulkarnein Koto