Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Jabar Rahim, Abdul
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Principle of Beneficial Owner in Corporate Crime Saleh, Muhammad; Jabar Rahim, Abdul; arifai
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5879

Abstract

This study aims to analyze the application of the principle of beneficial owners in corporate crimes in Indonesia. The background of this research focuses on the challenges of identifying beneficial owners within corporate structures that are often used to commit crimes, including money laundering and corruption. The method used is normative legal research with a juridical approach, where data is collected from laws and regulations and case studies. The results show that although the principle of beneficial owners has been regulated in positive law, its implementation is still not effective. This is due to a lack of understanding and compliance from corporations as well as weaknesses in supervision by the relevant authorities. This study recommends the need for reforms in regulations and increased supervisory capacity to ensure that beneficial owners can be identified and held legally accountable in cases of corporate crimes.
Kegunaan Overmacht (Pemaksaan) dalam Pertanggungjawaban Tindak Pidana Korupsi yang Dilakukan Atas Perintah Jabatan di Indonesia Rudy; Ariai; Jabar Rahim, Abdul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the usefulness of the concept of overmacht (coercion) in the context of accountability for corruption crimes committed based on official orders. In law enforcement practice, there is often an excuse from corrupt perpetrators that their actions were carried out due to pressure from their positions or orders from superiors. This raises conceptual questions about the limits of individual responsibility and the existence of excuses for forgiveness in Indonesian criminal law. This research uses normative legal research methods with a statutory approach and a conceptual approach and is analyzed using a systematic and teleological interpretation of the provisions of Article 48 and Article 51 of the Criminal Code. The analysis is also associated with the principle of criminal accountability and the principle of substantive justice. The results of the study show that overmacht can only be used as a basis for eliminating wrongdoing if the pressure of position eliminates the freedom of the perpetrator's will. Bureaucratic pressure or institutional loyalty alone is not enough to justify corrupt acts. Thus, the application of overmacht in corruption cases must be carefully assessed by judges based on the context and intensity of office pressure. This study recommends the need to reformulate legal norms in the Corruption Law and strengthen education on office ethics, so that the concept of overmacht is not abused but still functions as an instrument of substantive justice in the Indonesian criminal law system.
Co-Authors Ariai Arifai Muhammad Saleh Rudy