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All Journal International Journal of Social and Management Studies (IJOSMAS) Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Maryana, Eny
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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CORPORATE OR SELLER ACCOUNTABILITY IN BLOCKCHAIN AND CRYPTOCURRENCY CORPORATE INVESTMENTS Evrita, Ella; Maryana, Eny; Lubis, Efridani
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (358.469 KB) | DOI: 10.56943/jlte.v1i3.113

Abstract

The utilization of Information Technology, media, and communication has changed both the behaviour of society and human civilization globally, and the role of law is to regulate social life. At the same time, the digital world provides unlimited space and time for its users; one of the digital developments is related to cryptocurrencies. Cryptocurrency is a digital currency that secured by cryptographic security system. Crypto money can generally used to buy various kinds of digital goods. One of the uses of owning a cryptocurrency is for investment. Currently, the development of cryptocurrencies in Indonesia is swift. Generally, people from upper-middle class already know about the term. The same thing happened in international market. With the background of the rapid development of this cryptocurrency in community, in terms of growth, the obstacles and constraints found, the authors conducted this research, and it is technically challenging to identify the role of each party in current digital business in Indonesia and the existence of a knowledge gap between consumers and producers. This research is descriptive research with normative juridical method, meaning that in discussing existing problems, researchers will look at legislation’s provisions.
LEGAL PROTECTION FOR VICTIMS IN CORPORATE CRIME FROM THE PERSPECTIVE OF JUSTICE Maryana, Eny; Asmariah, Asmariah
International Journal of Social and Management Studies Vol. 4 No. 1 (2023): International Journal of Social and Management Studies (IJOSMAS)
Publisher : IJOSMAS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5555/ijosmas.v4i1.295

Abstract

Corporate crimes often result in significant losses to society and victims. Therefore, an ideal regulatory direction is needed to ensure adequate legal protection for victims of corporate crimes in Indonesia. The ideal regulation is by implementing a cumulative punishment system for corporate crime perpetrators according to the Criminal Code, which is a cumulative sanction in the provision of two equal sanctions that add up or stack up in accordance with Article 14c paragraph (1), Article 14a, and Article 14b which contain the understanding that the law (as a cumulative policy) and/or Criminal Code Article 100 regarding the death penalty as an alternative route to maximizing criminal sanctions against corporations. This is intended to achieve justice for the victims and create a deterrent effect for perpetrators. The problem that often arises is the difficulty in upholding justice in the enforcement process of corporate crimes. The numerous cases of corporate perpetrators escaping legal action prove that legal protection for victims in Indonesia is still far from the principle of justice. This study aims to analyze the ideal regulatory direction to realize legal protection for victims of corporate crimes from the perspective of justice. This study uses a descriptive-analytical approach with a normative juridical method and examines legislation and court decisions related to corporate crimes. The results show that legal protection for victims of corporate crimes is still inadequate, especially in terms of receiving criminal sanctions in the form of imprisonment or compensation. In addition, law enforcement processes are often hindered by the economic and political power of corporations, which can influence the course of legal proceedings. This creates injustice for victims who feel they are not being treated fairly in the legal decision-making process. Therefore, an ideal regulatory direction is necessary to ensure that victims receive adequate legal protection and balanced justice.
Co-Authors Asmariah, Asmariah Efridani Lubis RR. ELLA EVRITA H