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PENCABUTAN HAK POLITIK MEMILIH DAN DIPILIH DALAM PEMBAHARUAN HUKUM PIDANA Kabes, Irianto; Gultom, Elfrida Ratnawati
Ensiklopedia of Journal Vol 6, No 4 (2024): Vol. 6 No. 4 Edisi 2 Juli 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i4.2563

Abstract

In the 2024 General Election, it was recorded that there were 27 (twenty seven) legislative candidates (candidates) who had been convicted in corruption cases running again in the 2024 General Election through 8 (eight) Political Parties, even based on the results of the legislative General Election (Pileg) there is the name of one of the convicts in a corruption case who won the most votes in his electoral district and will therefore be appointed as a Member of the Legislative Assembly in 2024. This research aims to examine this problem in more detail. Regarding the length of time for revocation of rights, which in previous regulations was not regulated in corruption regulations but rather through the decision of the constitutional guard agency in 2019, the author will analyze through legal reforms that have been passed in 2023. The research was carried out normatively and is descriptive in nature. By using secondary data to analyze qualitatively, and drawing conclusions using deductive logic. The results of research on criminal law reform have explicitly determined the length of revocation of political rights which must be set at a minimum of two years and a maximum of five years. The author provides suggestions for criminal law reform, regarding the revocation of political rights in terms of voting, minimum and maximum time limits can be set, however the revocation of the right to vote can be carried out forever according to the constitution and law.Keywords: Criminal Law Reform, Additional Crimes, Revocation of Political Rights
PERTANGGUNGJAWABAN KEJAHATAN KORPORASI DALAM PEMBAYARAN UANG PESANGON AKIBAT PEMUTUSAN HUBUNGAN KERJA Kabes, Irianto; Multiwijaya, Vience Ratna; Suar, Aprima
Ensiklopedia Sosial Review Vol 6, No 3 (2024): Volume 6 No 3 Oktober 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v6i3.2734

Abstract

Abstract: Of the total 536 collective agreements related to layoffs in 2019, only 147 agreements, which is equivalent to around 27 percent, provided layoff compensation in accordance with labor regulations. On the other hand, 384 agreements, or around 73 percent, did not meet the provisions of the applicable law in terms of layoff compensation payments. This research aims to identify corporate responsibility in terms of severance pay due to layoffs., This research carried out using a normative and descriptive approach, using secondary data for qualitative analysis. Deductive logic methods are applied to reach conclusions. with the problem formulation, what is the responsibility for corporate crime in the payment of severance pay due to termination of employment? Research results show that Termination of Employment (PHK) is a termination of the employment relationship between a company and employees which can occur for various reasons, including the employer's initiative, the wishes of workers, legal regulations, or decisions of the Industrial Relations Court (PHI). Layoffs require employers to provide compensation in the form of severance pay, gratuity pay, and compensation for rights in accordance with the provisions. Types of layoffs include changes in company status, efficiency, liquidation, force majeure, bankruptcy, violation of provisions, retirement, and death or permanent disability. Corporations that do not fulfill their severance pay obligations can be subject to criminal sanctions according to various theories of corporate responsibility including strict liability, vicarious liability, direct corporate criminal liability, aggregation theory, and corporate culture model.Keywords: Corporations, Employment, Crime