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All Journal Lex Scientia Law Review Journal of Law and Policy Transformation
Jamin Ginting
Faculty of Law, Universitas Pelita Harapan
Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Fundraising Aspect of International Terrorism Organization in ASEAN: Legal and Political Aspects Jamin Ginting; Patrick Talbot
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.60074

Abstract

Since the Bali Bombing I and Bali Bombing II Tragedy, the seriousness of combating international terrorism have become increasingly apparent. Each member of ASEAN hand in hand together enforces both international cooperation and bilateral cooperation to prevent and counteract, through appropriate domestic measures, the financing of terrorists and terrorist organizations, whether such financing is direct or indirect through organizations. International community efforts to combat terrorism activities, not only comprise the criminalization of terrorists the act criminalization financing of terrorism, and the criminalization of terrorist financing. Since that moment, the topic of money laundering is an inherent element of organized crime, with its strong linkage to terrorism, has found and always will find new methods to satisfy the also new necessities for financing terrorism. ASEAN already make a policy about terrorism which is the convention on counter-terrorist called ASEAN Convention on Counter-Terrorism (ACCT). The convention of ACCT, in article 6 Areas of Cooperation, ASEAN emphasizes the prevention of giving the fund to the terrorist group. Indonesia had given responses to financing terrorism by ratifying The International Convention for the Suppression of the Financing of Terrorism, 1999, and subsequently with the enacted Law Number 6 Year 2006 and also enacted the new Prevention and Eradication Money Laundering Offence, Law Number 8 of 2010.
Corporate Criminal Liability in Jordan, Australia, and Indonesia: A Comparative Analysis of Doctrines and Recent Developments Emiliya Febriyani; Jamin Ginting; Basuki Rekso Wibowo
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11527

Abstract

This study analyzes the development of corporate criminal liability in Jordan, Australia, and Indonesia through a comparative doctrinal approach, focusing on the shift from the traditional identification doctrine toward models that attribute criminal fault to corporate culture. The research applies a normative legal method combined with comparative legal analysis, examining the Jordanian Penal Code, the Australian Criminal Code Act 1995 (Cth) and the Australian Law Reform Commission Report No. 136 (2020), Law No. 1 of 2023 on the New Indonesian Criminal Code (KUHP), and Supreme Court Regulation No. 1 of 2023, alongside scholarly literature on identification doctrine, vicarious liability, strict liability, and corporate culture theory. The findings show that Jordan retains a classical identification-based model, holding corporations liable only when fault can be linked to individuals acting as the “directing mind and will.” Australia has adopted the most advanced framework through Section 12.3 of the Criminal Code, which attributes fault based on corporate culture and is strengthened by proposals for system-of-conduct offences. Indonesia occupies a transitional position: although the Law No. 1 of 2023  formally recognizes corporations as criminal subjects, its fault-attribution structure remains hybrid, and organizational fault is only expressly acknowledged sectorally through Supreme Court Regulation No. 1 of 2023. The study concludes that effective corporate criminal liability depends on a legal system’s capacity to conceptualize fault as systemic failure rather than individual wrongdoing.
Co-Authors Basuki Rekso Wibowo Emiliya Febriyani Patrick Talbot