Hermawan
Universitas Sunan Giri Surabaya Jl. Brigjen Katamso II, Waru, Sidoarjo, Indonesia

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Analysis of Defense of Criminal Cases by Legal Aid Organizations (OBH) for the Poor as a Realization of Access to Justice Hermawan; Andi Fajar Yulianto; Benedictus Indra Cristyanto
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 5 No. 3: July 2023
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v5i3.3981

Abstract

Fulfillment of the right to legal aid for the poor is the establishment of rules that have legal consequences for Advocates or Legal Aid Organizations (OBH) to provide legal aid as a form of social and moral responsibility. Apart from that, to support the means and facilities for fair and equitable law enforcement, local governments are required to provide legal assistance so that the fulfillment of the right to legal aid for the poor is more guaranteed. Fulfillment of the right to legal aid to the poor in criminal cases is influenced by several factors, including Legal Aid Organizations (OBH), which are places of public defense. Advocates are parties who are directly involved in enforcing legal claims and professional obligations both in the field of litigation and non-litigation. The obligation to provide legal assistance is contained in the provisions of Article 22 paragraph (1) of Law Number 18 of 2003 concerning Advocates. In that article it is stated that Advocates are obliged to provide legal assistance free of charge to justice seekers who cannot afford it.
Corporate Criminal Responsibility for Corruption Crimes in Perspective Perma No. 13 of 2016 Hermawan; Akhmad Taufiq; Setyo Nugroho Haribowo
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 3 No. 4 (2021): October
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v3i4.4015

Abstract

Corporations as perpetrators of criminal acts can be criminally charged, because corporations are legal subjects and therefore can be held criminally responsible. PERMA Number 13 of 2016 dated December 21 2016 concerning Procedures for Handling Criminal Cases by Corporations, regulates matters namely corporate and management criminal liability, corporate group accountability, corporate responsibility in mergers, consolidations, separations and dissolution of corporations, corporate audit procedures, procedures for examining management, procedures for examining corporations and management, claims for compensation and restitution, handling of corporate assets, abolition of the authority to prosecute and carry out crimes, sentencing, criminal decisions, implementation of decisions and implementation of additional crimes or regulations against corporations.