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All Journal The International Journal of Education Management and Sociology Jurnal Internasional IJLRSA
Fernando, Youngky
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Acts Against Civil Law Versus Acts Against Criminal Law Versus Rechtsvinding HogeRaad / Supreme Judge Fernando, Youngky
The International Journal of Law Review and State Administration Vol. 2 No. 2 (2024): March-April : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v2i2.49

Abstract

An unlawful act in Dutch is called "onrechmatige daad" and in English, it is called "tort" which means "wrong". The word "tort" developed to mean civil "wrong" that does not result from "default". So it is similar to the meaning of "act against the law" which is called "onrechmatigedaad" in the Dutch legal system. The word "tort" comes from the Latin word "torquere" or "tortus" in French, just as the word "wrong" comes from the French word "wrung" which means "mistake or loss" (injury). The principle and aim of establishing a legal system for "unlawful acts" are to be able to achieve what is said in the Latin proverb, namely Juris praecepta sunt luxe, honestevivere, alterum nonlaedere, suum cuique tribuere (the motto of the law is to live honestly, not harming people). others, and give others their rights). Onrechtmatigedaad (acts against the law) Article 1365 of the Civil Code or Burgerlijk Wetboek-Netherland Article 1401: "Elke onrecthamatigedaad, waardoor aan een ander schade wordt toegebragt, stelt dengene door wiens shuld die schade veroorzaakt is in de verpligting om dezelve te vergoeden ”. Soebekti and Tjitrosudibio translate it: "Every act against the law, which causes loss to another person, requires the person whose fault it was to cause the loss, to compensate for the loss." Later, after January 31, 1919, one element was added to "Unlawful Acts", namely, the prohibition of violating other people's rights and contradicting morality and propriety in living in society, nation, state vs human rights.
Illegal Acts in Business Versus Criminal Acts : A Comparative Study Fernando, Youngky
The International Journal of Law Review and State Administration Vol. 3 No. 1 (2025): January-February : The International Journal of Law Review and State Administra
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i1.193

Abstract

This study aims to explain the differences between illegal acts (PMH) in civil law and criminal law, along with the elements that distinguish the two. It discusses examples of illegal acts in the context of business and criminal law, as well as the legal implications of these actions. The research method used is normative juridical research, which focuses on the analysis and interpretation of applicable laws. Data collection techniques include documentary studies, analyzing and interpreting primary, secondary, and tertiary legal materials, as well as literature review, examining books, articles, and journals related to the research topic. Data analysis involves analyzing and interpreting the relevant laws regarding illegal acts in both business and criminal law and comparing these illegal acts within the context of Indonesian law. The findings indicate that illegal acts in business and criminal law have several fundamental differences. In civil law, illegal acts are defined under Article 1365 of the Civil Code, where the harmed party has the right to claim compensation. The primary difference between illegal acts in civil law and criminal law lies in the nature and objectives of the acts. In civil law, illegal acts focus more on compensation and restitution for the harmed party, while in criminal law, the focus is on punishment and preventing unlawful actions. Examples of illegal acts in business may involve violations of intellectual property rights or other regulatory breaches, whereas in criminal law, illegal acts include crimes such as theft, fraud, or other violations of criminal law
Corporate Criminal Liability in Environmental Cases Fernando, Youngky
The International Journal of Law Review and State Administration Vol. 3 No. 3 (2025): May-June : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i3.216

Abstract

Rapid industrial growth often has a negative impact on the environment. Not infrequently, various cases of environmental pollution and destruction are carried out by corporations that prioritize profit without considering sustainability aspects. Therefore, the application of criminal liability to corporations is crucial in efforts to enforce environmental law. This study aims to analyze the concept and application of criminal liability for corporations in environmental cases in Indonesia. The research method used is a normative legal approach with an analysis of laws and regulations, court decisions, and related case studies. The results of the study indicate that although the Environmental Protection and Management Law has regulated the mechanism for corporate criminalization, its implementation still faces various obstacles, such as proving corporate guilt and identifying responsible managers. In addition, the criminal sanctions imposed tend to be more administrative and financial in nature, while the environmental recovery aspect is not yet fully optimal. This study recommends the need to strengthen legal instruments and the capacity of law enforcement officers to ensure corporate accountability and sustainable environmental protection.
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