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All Journal Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Mutiara: Jurnal Penelitian dan Karya Ilmiah International Journal of Law, Crime and Justice International Journal of Sociology and Law International Journal of Social Welfare and Family Law
Muhammad Faiz Hadi
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Religion Humanities Computer Science & IT Electrical & Electronics Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
Implementation of Corporate Criminal Accountability in Indonesian National Economic Crime Deny Prabowo; Yasmirah Mandasari Saragih; Muhammad Faiz Hadi; Sagita Ifani Emri; Kaaisar Romolus Deo Sianipar
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 3 (2025): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i3.5998

Abstract

Corporations as legal entities have become an integral part of the national economic system. However, behind its contribution to economic growth, not a few corporations are involved in economic crimes such as corruption, tax evasion, money laundering, to monopoly and cartel practices. These corporate crimes have a broad and systemic impact, not only harming the state from a financial perspective, but also damaging a healthy economic order and creating social injustice. In the context of Indonesian criminal law, the implementation of accountability for corporations as perpetrators of criminal acts still faces various challenges, both in terms of regulations, technical law enforcement, and understanding of law enforcement officials. This research aims to evaluate the extent to which the implementation of criminal liability against corporations in cases of national economic crimes as well as identify relevant obstacles and solutions. The method used is a normative juridical approach by examining various laws and regulations, jurisprudence case studies, and related scientific literature. The results show that although the recognition of corporations as subjects of criminal law has been contained in several sectoral laws, its implementation is still partial and has not touched the root of the problem, especially in proving structural corporate guilt. Therefore, there is a need for regulatory reform, strengthening the capacity of law enforcement institutions, and integrating a multidisciplinary approach in dealing with corporate crime. By strengthening criminal accountability towards corporations, it is hoped that the Indonesian criminal law system will be able to provide a deterrent effect while maintaining national economic integrity.
Application Of Criminal Law Against Corporations For Criminal Actions Of Tax Evavasion Based On Law Of The Republic Of Indonesia Number 28 Of 2007 Concerning General Provisions And Procedures For Taxation Ismaidar Ismaidar; T. Riza Zarzani; Muhammad Faiz Hadi
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.116

Abstract

Constitutionally, tax collection is regulated in Article 23A of the 1945 Constitution of the Republic of Indonesia which confirms that taxes and other coercive levies are for state needs as regulated by law. Tax regulations themselves are regulated in Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures. Tax is an official state levy on taxpayer citizens. What is meant by taxpayer is an individual or entity including taxpayers, tax holding agents and tax collectors who have tax rights and obligations in accordance with the provisions of tax laws and regulations. As time goes by and the development of economic globalization, there is a lot of potential for crimes or crimes in the economic sector committed by corporate business actors. The difficulty of holding corporations criminally liable results in many material and immaterial losses to the state. 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 corporations can be held criminally liable. This research uses normative research methods by taking a statutory approach and a conceptual approach. The data obtained in this research was through literature study by collecting data from secondary legal materials, namely primary data, secondary data and tertiary data related to the problem formulations that will be discussed in this research. Then the data obtained is analyzed and described qualitatively. The aim of this research is to determine the modus operandi of perpetrators in committing criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures and to find out how criminal law is applied to corporations for criminal acts of tax evasion based on Law of the Republic of Indonesia Number 28 of 2007 concerning General Provisions and Tax Procedures.
Analysis of the Role of Legal Politics and Challenges in Post-Reformation Legal Reform Ismaidar Ismaidar; Tamaulina Br Sembiring; Muhammad Faiz Hadi
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.291

Abstract

Legal politics is one of the central concepts in the legal system which is closely related to state policy in the formation, application and change of law. This article examines the role of legal politics in legal reform in Indonesia post-1998 reform, with a focus on the challenges faced in implementing legal policies as well as evaluating the effectiveness of the changes that have been made. This research uses a qualitative approach with analytical descriptive methods, which aims to describe how legal politics can be an instrument that determines the direction and substance of legal reform in Indonesia. The results of this research show that although there has been progress in legal reform, major challenges still exist, especially related to the implementation of legal policies which are influenced by political dynamics which do not always support the creation of an effective and just legal system.
Analysis of Law Enforcement Patterns Criminal Corruption in Criminal Law Perspective and Eradication Efforts Corruption in Indonesia T. Ikhsan Ansyari Husny; Yasmirah Mandasari Saragih; Fauzan Fauzan; Muhammad Faiz Hadi; Ayanda Shiro Kamarullah
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.317

Abstract

Corruption is an unlawful act to enrich or obtain one-sided benefits, corruption has rules that have specific characteristics, both regarding formal (procedural) and material (substance) criminal law, law enforcement of corruption in Indonesia depends on the Criminal Justice System itself, from investigation then prosecution, and examination in court and the implementation of the punishment. The formulation of the problem in this study is how the pattern of law enforcement against corruption in the perspective of criminal law in Indonesia, and how efforts and criticism of the eradication of corruption in Indonesia. This research method is descriptive and normative juridical approach, with legal materials as secondary data. relating to law enforcement against criminal acts of corruption in the Indonesian criminal justice system. the criminal justice system in Indonesia is not yet competent in handling criminal acts of corruption because instead of subsidizing, corruption cases in Indonesia are increasing. this is because the four criminal justice systems in Indonesia lack coordination and supervision, and the sanctions given are still considered not optimal so that they have not caused a deterrent effect on the perpetrators and the effect of public satisfaction.
Prevention And Law Enforcement Efforts Against The Crime Of Gold Mining Without A Permit (PETI) In The Jurisdiction Of The Merangin Resort Police Yasmirah Mandasari Saragih; Sumarno Sumarno; Daniel Situmorang; Starting Sihombing; Muhammad Faiz Hadi
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.126

Abstract

Illegal mining in Indonesia isn't it things we just heard, In fact, illegal mining has become widespread in almost every region potentially rich in minerals. Illegal mining is the most common found is mining gold. Mining gold illegal or often in short for PETI (Unlicensed Gold Mining) is a mine amount pollution material the mine most tall. In Indonesia, gold mining without a permit is considered an unlawful activity, especially because miners do not have a mining business permit as a business entity. They do not pay taxes and royalties which are sources of state income from mining activities. Their activities also often cause social unrest and environmental damage. One that has gold mines is Jambi Province, precisely in the Merangin Regency area. Gold mines in this district are not only found on land but also in river basins (DAS). Merangin Police have carried out many prevention and law enforcement efforts to deal with mining activities without permits.
Legal Protection of Personal Health Data in Electronic Systems Faisal Lutfi; Rahmayanti Rahmayanti; Muhammad Faiz Hadi; Eddy Eddy
International Journal of Social Welfare and Family Law Vol. 2 No. 3 (2025): Juli: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v2i3.404

Abstract

Legal protection of personal health data amidst the rapid digitalization of health services, such as telemedicine, electronic medical records, and online consultation applications is very important. Sensitive health data requires careful management, but in fact, many digital service providers in Indonesia have not implemented adequate security standards. The case of the BPJS Kesehatan participant data leak is a real example of the weakness of the data protection system, coupled with the practice of data misuse by digital platforms without valid consent. The method used is qualitative with a normative legal approach, through a literature study of primary and secondary regulations such as Law No. 27 of 2022 concerning Personal Data Protection (UU PDP), the ITE Law, and related Government Regulations and Permenkes. The results of the study show that although regulations are comprehensively available, implementation in the field still faces serious challenges such as the lack of appointment of Data Protection Officers (DPOs), weak supervision, and low awareness of data protection. Real threats such as cyber attacks, data leaks due to negligence, and misuse by third parties are the main issues. Electronic system providers have a great responsibility in building an information security system, preparing privacy policies, and implementing the principle of "privacy by design".
Co-Authors Andi Gultom Ansori Maulana Ayanda Shiro Kamarullah Azhar AR Christine Natalia Pangaribuan Daniel Situmorang Deny Prabowo Eddy Eddy Elisabeth Saragih Erwin Efendi Rangkuti faisal lutfi fauzan Fauzan Haris Putra Utama Limbong Ibrahim Ibrahim Ismaidar I, Ismaidar Kaaisar Romolus Deo Sianipar Lasma Sinambela Mus Mulyadi Netty br Siahaan Putriani Nduru Rahmayanti Rahmayanti Restika Ndruru Robby Yusuf S Sembiring Rudi Salam Tarigan Sagita Ifani Emri Servasius Edwin Telaumbanua Starting Sihombing Sumarno Sumarno T. Ikhsan Ansyari Husny Tamaulina Br Sembiring Tengku Muhammad Reza Fikri Dharmawan Tengku Riza Zarzani N Yasmirah Mandasari Saragih Yoldy Israq Yulia Christy Shintara Aruan Zahrana Syavica Zeno Eronu Zalukhu