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CRIMINOLOGY APPROACH IN SOLVING CYBER CRIME Azhar AR; Yasmirah Mandasari Saragih; Fauzan
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 01 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

Cybercrime, as a modern form of criminal activity, presents unique challenges due to its reliance on information and communication technology, the anonymity of perpetrators, and its cross-jurisdictional nature. This phenomenon encompasses a wide range of illegal activities, including hacking, identity theft, the spread of malware, on line fraud, and child exploitation in cyberspace. While legal frameworks and technological measures are essential in combating cybercrime, they are often insufficient to address the complex and evolving nature of cybercrime. The criminological approach provides a multidimensional perspective for understanding society's motives, behavior and responses to cybercrime. By integrating criminological theories, such as labeling theory and routine activity theory, this approach explores the root causes of cybercriminal behavior. Additionally, criminology offers insights into preventative measures and the development of more effective policies to mitigate cybercrime. This paper highlights the importance of applying a criminological framework to analyze cybercrime and proposes strategies for solving it through a combination of legal, technological interventions
A Comparative Study of Corporate Criminal Liability Systems in Indonesia and the United States Ismaidar Ismaidar; Azhar AR; Servasius Edwin Telaumbanua; Rudi Salam Tarigan; Ansori Maulana; Restika Ndruru; Zeno Eronu Zalukhu; Lasma Sinambela; Haris Putra Utama Limbong; Elisabeth Saragih; Robby Yusuf S Sembiring; Mus Mulyadi; Zahrana Syavica; Tengku Muhammad Reza Fikri Dharmawan; Muhammad Faiz Hadi; Ibrahim Ibrahim; Erwin Efendi Rangkuti; T. Ikhsan Ansyari Husny; Netty br Siahaan; Andi Gultom; Yoldy Israq; Putriani Nduru; Yulia Christy Shintara Aruan; Christine Natalia Pangaribuan
Mutiara : Jurnal Penelitian dan Karya Ilmiah Vol. 3 No. 3 (2025): Juni : Mutiara : Jurnal Penelitian dan Karya Ilmiah
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mutiara.v3i3.2268

Abstract

Corporate criminal liability has become a pivotal issue in modern criminal law, particularly in response to the increasing prevalence of crimes committed by legal entities. This article provides a comparative analysis of the corporate criminal liability systems in Indonesia and the United States, focusing on the legal foundations, models of liability, and enforcement practices. The United States adopts the principle of vicarious liability, allowing corporations to be held accountable for the acts of their employees performed within the scope of employment. In contrast, Indonesia employs a more fragmented approach through sectoral laws, without a unified criminal liability doctrine for corporations. The study reveals that while Indonesia has begun to recognize corporate liability, it still faces significant challenges in legal harmonization and effective enforcement. This comparison aims to contribute to the development of a more comprehensive and adaptive corporate criminal liability system in Indonesia, in line with international best practices.