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All Journal LAW REFORM Pandecta INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Siber International Journal of Advanced Law
Diana Lukitasari, Diana
Fakultas Hukum Universitas Sebelas Maret
Humanities Law, Crime, Criminology & Criminal Justice

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Criminal Liability Political Parties in Criminal Acts of Corruption: Indonesia Korea Comparison Lukitasari, Diana; Hartiwiningsih, Hartiwiningsih; Ginting, Rehnalemken; Subekti, Subekti; Pratiwi, Dian Esti
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.33917

Abstract

Political parties are often in the spotlight because of the corrupt behavior of their members with the aim of party interests. The forms of criminal acts of corruption by cadres or political party administrators have various modes, including bribery, buying and selling positions, extorting strategic sectors, harming state finances, abuse of authority and misuse of budgets in development programs. Although there are many cases where political parties are suspected of being in the vortex of enjoying the proceeds of criminal acts of corruption, until now criminal responsibility is still borne by individuals, whether cadres or administrators of political parties. This study aims to provide an overview of the criminal liability arrangements of political parties in corruption in Indonesia and to conduct a comparative study of the accountability of political parties in Indonesia and South Korea. The research method used is non-doctrinal by taking secondary data sources with legal, conceptual and grammatical approaches. The results show that Indonesia still includes political parties as corporations, however, political parties in Indonesia are legal entities that cannot be held criminally responsible. South Korea is an example of a country that regulates criminal acts of political parties through their respective laws. In general, South Korea imposes criminal responsibility on persons or administrators of party members, not on the party itself.
The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions Rahayu, Hartoto Suci; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i1.29501

Abstract

The development of cyber crime gives birth to new facts that corporations can become perpetrators of criminal acts, therefore it is necessary to impose criminal responsibility on the corporation. The purpose of this research is to find out the criminal responsibility of corporations in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. The type of research in writing this journal is normative or doctrinal by using a statutory approach and taking primary and secondary legal materials. Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions adopts the doctrine of identification in imposing criminal liability on corporations. In addition, actions against the law by the management and / or staff of the corporation can be subject to criminal liability based on the doctrine of vicarious liability.
The Problematic Issue of Sharia Court’s Absolute Authority under Indonesia Judicial System Hastuti, Luthfiyah Trini; Mayastuti, Anti; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.28111

Abstract

The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court’s absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.
URGENCY OF REGULATION REFORM OF BRIBERY OFFENCE AT PRIVATE SECTOR IN INDONESIA Umari, Nabila Ayu; Lukitasari, Diana; Ismunarno, Ismunarno
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.21745

Abstract

PROBLEMS OF CREATION CRIME THROUGH THE USE OF DEMOCRATIC DATABASE SYSTEMS IN E-ID Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 2 (2017): November 2017 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v2i2.12316

Abstract

This study aims to analyze the policy of crime prevention based on population database system in E-ID program. This research uses normative research method use legislation and conceptual approach. The legal materials use primary and secondary legal materials which analyzed deductively. The result of the study explains that the E-ID database system that contains the complete information of a citizen, including the criminal record should be a reference in the prevention of crime that has been done. The policy model is to integrate the e-ID card program as an integrated population administration system with police agencies, prosecutors, and especially prisons. Law enforcers will easily get information related to each person's resident document. The document will also include a track record of someone who is constantly updated at all times who will help the community to monitor the actor of crimes.
Co-Authors Abd Aziz, Hartinie Anti Mayastuti Dian Esti Pratiwi Hari Purwadi, Hari Hartiwingsih, Hartiwingsih Hartiwiningsih Hartiwiningsih Irma Cahyaningtyas, Irma Ismunarno Ismunarno Lushiana Primasari Luthfiyah Trini Hastuti Putro, Fadli Asri Rahayu, Hartoto Suci Rehnalemken Ginting Riewanto, Agus Shofwan, Anieq Nisrina Subekti Subekti Trini H, Luthfiyah Umari, Nabila Ayu