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All Journal International Journal of Law, Environment, and Natural Resources
Sunardi Sunardi
Malang Islamic University
Economics, Econometrics & Finance Energy Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Corporate Responsibility For Criminal Actions Of Song Copyright Under The 28 Law Of 2014 Ade Putera; Sunardi Sunardi; Hanafi Arief
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.50

Abstract

Research entitled "Corporate Responsibility for Crime of Song Copyright According to Law Number 28 of 2014" aims to analyze how copyright crimes are regulated in Indonesian positive law and to analyze corporate responsibility for copyright infringement according to the Copyright Law Number 28 of 2014. This research is normative legal research, which examines laws and regulations in a coherent legal system and unwritten legal values ??that live in society, which are related to corporate responsibility for copyright infringement according to the law 28 of 2014. The results of the study stated that copyright crimes, including song copyrights, are regulated in the Copyright Act as part of Indonesian positive law. Article 112 of the Copyright Law Number 28 of 2014 states that everyone who without rights commits the acts referred to in Article 7 paragraph (3) and/or Article 52 for commercial use, shall be punished with imprisonment for a maximum of 2 (two) years and/or a maximum fine of 300,000,000.00 (three hundred million rupiah). Because legal entities are equated with people, legal entities that commit criminal copyright infringements can also be punished under this article as a form of responsibility. Criminal acts by Corporations are regulated in Article 3 of MA RI Regulation 13/2016 which are criminal acts committed by people based on work relationships, or based on other relationships, both individually and jointly acting for and on behalf of Corporations inside and outside Corporate Environment.
Status Of Pretrial Institutions In Indonesian Criminal Law Famda Egga Prasnada; Sunardi Sunardi; Moh. Muhibbin
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.54

Abstract

This study aims to describe the position of pretrial institutions in the study of criminal law in Indonesia and to analyze the implementation of pretrial institutions as legal remedies for suspects in obtaining justice at the level of investigation and prosecution. This is a normative legal research, which examines statutory regulations in a coherent legal system and unwritten legal values ??that live in society, which are related to the suspect's efforts to obtain justice through the Pretrial Institution. The results of the study state that pretrial is one of the new institutions introduced since the existence of Law Number 8 of 1981 concerning the Criminal Procedure Code in the midst of law enforcement life. Pretrial Institution arrangements in the Criminal Procedure Code are listed in Article 1 point 10, Chapter X Part One from Article 77 to Article 83. The position of the Judicial Institution in Indonesian positive law is part of the criminal justice system, as well as being part of law enforcement in abstracto or in concreto. In practice, pretrial is usually carried out in a rule of law country like Indonesia as long as the investigation process is carried out based on the provisions of the Criminal Procedure Code, although not all pretrial decisions are won by the suspect or the party submitting them. In the process of pretrial examination hearings, of course, the facts, both juridical and material facts, will be considered.
Co-Authors Ade Putera Famda Egga Prasnada Hanafi Arief Moh. Muhibbin