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Pertanggungjawaban Pidana Korporasi Marketplace Online pada Tindak Pidana Narkotika Frans, Mardian Putra; -, M.Haryanto -; Dayanti, Karisma Christiyana Putri; Oktaviani, Ismi
RIO LAW JURNAL Vol 5, No 1 (2024): Februari-Juli 2024
Publisher : Universitas Muara Bungo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36355/rlj.v5i1.1296

Abstract

Marketplace's criminal liability as a corporation is legal responsibility for criminal acts committed by the corporation, whether the error is intentional or negligent. The civil relationship between the marketplace corporation and the shop as a Marketplace user means that the marketplace should be responsible for criminal acts committed by the shop, this can be seen by providing space by the Corporation in the online marketplace for shops to sell illegal goods such as narcotics in certain types of drugs, but in practice the Tokopedia online Marketplace Platform himself was not punished, In criminal law doctrine, corporations can be punished because online marketplace corporations are legal subjects that can commit criminal acts or criminal acts so that corporations should be held responsible if the marketplace is deemed to be involved in a criminal act by allowing shops in their marketplace to sell illegal goods such as narcotics, plus the corporation makes a profit. of these illegal goods.
Deferred Prosecution Agreement (DPA): Model Keadilan Bagi Korporasi dan Negara dalam Tindak Pidana Pajak Kynan Raffael Daud; Mardian Putra Frans
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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Abstract

The existence of criminal sanctions against tax crime is not always effective in therecovery of state loss. Therefore. There is a need for an approach that is moreoriented towards the recovery of state losses in handling tax crime. Cases of taxviolation have been resolved through formal legal processes that have weaknessdue to lack of room for state recovery because of the long and expensive process.This research uses a normative legal research method. The results showed that theDeferred Prosecution Agreement as a legal concept that allows postponement of thecriminal process with certain conditions that must be met by the defendant includingefforts to recover state losses. The application of DPA should be considered in therevision of KUHAP so that state losses can be recovered by the postponement ofprosecution method.