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All Journal PALAR (Pakuan Law review) Jurnal Puan Indonesia
Pratama, Harits Surya
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Economics, Econometrics & Finance Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health

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Pertanggung Jawaban Pidana Korporasi Dalam Kejahatan Ekonomi Chan, Muhammad Rafly; Prakasa, Ragil Surya; Musa, Muhammad Ibrahim; Pratama, Harits Surya; Al-Qalil, Muhammad Hafisz; Suwanda, Dwi Ari
PUAN INDONESIA Vol. 5 No. 2 (2024): Vol. 5 No. 2 (2024): Jurnal Puan Indonesia Vol 5 No 2 Januari 2024
Publisher : ASOSIASI IDEBAHASA KEPRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37296/jpi.v5i2.306

Abstract

The development of economic globalization has the potential for crime/crimes in the economic sector to be committed by business actors in the form of corporations which can cause losses and victims, which is supported by the emergence and development of science and information technology. The difficulty of holding corporations criminally liable for money game activities by using gold as an object in online investment, using multi-level marketing networks and online networks, ultimately results in material losses for victims as customers. However, criminal liability in the form of strict liability can provide a solution to this problem, where full corporate criminal liability (strict liability) states that criminal liability can be sought against the corporation. This research is normative juridical legal research using a conceptual approach, statutory approach and case approach. Collecting material through literature study methods, with primary or secondary laws. Legal material is further examined and analyzed using the approach used in this research to answer the legal problems in this research. The results of this research show: corporate crime is organized crime which not only involves the corporation itself but also involves organs or administrators in the company. Under this regulation, you unknowingly violate the principle of nebis in idem. So in terms of criminal liability against unincorporated companies the law often decides not only against the company but also against its administrators.
Legal Review Of Decision Number 21-K/Pmt/Ii/Ad/Ii2022 Reviewed From The Competence Of Adjudicating Military Courts In The Case Of Corruption Connectivity Of Army Compulsory Housing Savings Pratama, Harits Surya; Z, Yenny Fitri
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.13199

Abstract

Abstract Connection A Connection Case is a form of law enforcement involving both civilian and military actors in the same crime, which is regulated through a special mechanism in the Indonesian legal system. This study examines Decision Number 21-K/PMT-II/AD/II/2022, which relates to the corruption case of the Army's Mandatory Housing Savings Fund (TWP AD). This study analyzes the legal basis, chronology, and reasons for the case being tried in military court, despite the involvement of civilians, as well as the role of the Deputy Attorney General for Military Crimes (JAMPIDMIL) in handling it. The method used is a normative juridical approach with an analysis of court decisions. The results of the study also show that the mechanism in this connection case is not fully in line with the objectives of Law Number 31 of 1997 concerning Military Justice, thus raising questions regarding the effectiveness of just law enforcement.  Keywords: Connectivity, Justice System, Military Corruptions
Co-Authors Al-Qalil, Muhammad Hafisz Chan, Muhammad Rafly Musa, Muhammad Ibrahim Prakasa, Ragil Surya Suwanda, Dwi Ari Z, Yenny Fitri