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All Journal Mamangan Social Science Journal Golden Ratio of Data in Summary
Hutabarat, Dwi Natalia Martama
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Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Analysis of Crimes Committed Through Shell Companies and The Role of Prosecutors in Combating Such Crimes Hutabarat, Dwi Natalia Martama; Manullang, Herlina
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.824

Abstract

This paper aims to analyze the legal aspects related to crimes or violations committed by forming shell companies and the role of prosecutors in taking action against crimes committed through shell companies that have the potential to harm the State. Shell companies are often used as a tool to hide assets and commit various illegal acts such as tax evasion, money laundering and manipulation of financial statements. The existence of shell companies is a challenge for law enforcement agencies, especially for prosecutors, who play an important role in the investigation and prosecution process. Using the normative research method, this research analyzes the applicable laws and regulations, especially in Indonesia, and the steps taken by prosecutors in taking action against crimes or violations of the law committed through shell companies. The results of this study show that there is a legal vacuum in the supervision and prosecution of shell companies, which often operate across state jurisdictions, making investigation and prosecution difficult. The role of prosecutors is important to conduct in-depth investigations, collect evidence, and cooperate with other institutions to recover state losses. Therefore, stricter regulations and increased inter-agency coordination are needed to strengthen the role of prosecutors in combating shell company crime.
Legal Analysis Of The Effectiveness Of The Icsid Arbitration Institution As A Means Of Resolving Foreign Investment Disputes In Indonesia Anggusti, Martono; Siallagan, Haposan; Hutabarat, Dwi Natalia Martama
Jurnal Ilmu Sosial Mamangan Vol 12, No 3 (2024): Jurnal Ilmu Sosial Mamangan Accredited 3 (SK Dirjen Ristek Dikti No. 158/E/KPT/
Publisher : LPPM Universitas PGRI Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22202/mamangan.v12i3.5526

Abstract

Resolving disputes related to foreign investment is not as straightforward as one might think, as it involves investment disputes that engage two or more legal systems. Therefore, the resolution is not solely determined by the law applicable within the territory of Indonesia, but also takes into account the laws of other countries participating in the convention. When a settlement between the parties cannot be reached, the dispute can be resolved through an arbitration body designated by the parties to facilitate the resolution or through conventional judicial bodies in accordance with their authority as regulated by legislation. Alternative dispute resolution through arbitration will be more efficient and effective as it is achieved through deliberation and consensus or a win-win solution. This research is descriptive in nature, aiming to provide an overview or description of the law on divestment in foreign companies in Indonesia. As a descriptive study, a normative approach is used, focusing on the examination of legal principles, legal systems, vertical and horizontal synchronization of legislation, and legal history. The Bilateral Investment Treaty (BIT) serves as a legal basis that needs to be revised. The initial role of this agreement was to attract investors to enter Indonesia, with the hope of reaching a balanced agreement between the two countries. However, in practice, the BIT has become the foundation relied upon by foreign investors in Indonesia. The recommendation made in this study is that the Government of the Republic of Indonesia, in establishing Bilateral Investment Treaties, must include clear provisions so that the description of the agreement does not overlap with the positive law already established in Indonesia.
Legal Analysis of Crimes Committed Through Shell Companies and The Role of Prosecutors in Combating Such Crimes Hutabarat, Dwi Natalia Martama; Manullang, Herlina
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.824

Abstract

This paper aims to analyze the legal aspects related to crimes or violations committed by forming shell companies and the role of prosecutors in taking action against crimes committed through shell companies that have the potential to harm the State. Shell companies are often used as a tool to hide assets and commit various illegal acts such as tax evasion, money laundering and manipulation of financial statements. The existence of shell companies is a challenge for law enforcement agencies, especially for prosecutors, who play an important role in the investigation and prosecution process. Using the normative research method, this research analyzes the applicable laws and regulations, especially in Indonesia, and the steps taken by prosecutors in taking action against crimes or violations of the law committed through shell companies. The results of this study show that there is a legal vacuum in the supervision and prosecution of shell companies, which often operate across state jurisdictions, making investigation and prosecution difficult. The role of prosecutors is important to conduct in-depth investigations, collect evidence, and cooperate with other institutions to recover state losses. Therefore, stricter regulations and increased inter-agency coordination are needed to strengthen the role of prosecutors in combating shell company crime.
Co-Authors Anggusti, Martono Haposan Siallagan Herlina Manullang