Claim Missing Document
Check
Articles

Found 12 Documents
Search

Legal Forms Against Corporations as Perpetrators of Environmental Crime in Indonesia: Study Based on the Environmental Protection and Management Law Natsir, Muhammad; Ulya, Zaki; Rachmad, Andi; Krisna, Liza Agnesta
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.22071

Abstract

The Indonesian Criminal Code regulates as a legal subject is a natural person. The development of criminal law in Indonesia has made the perpetrators not only individuals but also corporations. Where corporations are legalised by the state through legislation. One of the Indonesian laws that regulates corporations as offenders is Law of the Republic of Indonesia No. 32 of 2009 on Environmental Protection and Management. The companies in environmental management can control community land with the status of Cultivation Rights Title and Building Rights Title. In reality, however, the regulation of companies as perpetrators of crimes is still weak and there is no uniformity of regulation to have a deterrent effect. The method used in this paper is normative jurisprudential legal research, focusing on the identification of criminal sanctions against corporate environmental offenders, with a legal approach. The results of the research showed that the criminal regulation against the perpetrators of criminal acts has been regulated as an ultimum remedium for certain cases, but it is less assertive towards the victims of criminal acts and requires a firm and fair regulation and binds all parties involved in the legalisation of the corporation and the protection of its victims. The legal regulation of corporate criminal offences in the Criminal Code has not been clearly regulated, but in the Law of the Republic of Indonesia No. 32 of 2009 on Environmental Protection and Management, as one of the sectoral laws, the regulation has been carried out, but has not adopted the legal wisdom prevailing in the community, although it has been established.
Urgency of Extradition Agreements in Eradicating Corruption Crime in Indonesia Rachmad, Andi; Ulya, Zaki; Amdani, Yusi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.732

Abstract

Corruption is a special crime that is very detrimental to the country. Corruption management has been upheld by law enforcement in the framework of guaranteeing the state’s stability. Changes to the regulation on corruption eradication does not reduce the number of corruption penalties and compensation for assistance that is free from the snares of the law. This is what drives the government to make an extradition treaty with Singapore and ensnare corruption protection that can be done in Indonesia. This study discusses and examines the level of urgency of the extradition treaty in efforts to commit corruption between Indonesia and Singapore. And, challenges and efforts in realizing the extradition agreement between Indonesia and Singapore in the approval of the implementation of corruption