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All Journal Jurnal Pendidikan Kewarganegaraan Undiksha GANESHA CIVIC EDUCATION JOURNAL
Darma Santosa, I Kadek
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Education Social Sciences

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PENGATURAN ASAS OPORTUNITAS DALAM SISTEM PERADILAN PIDANA DI INDONESIA Darma Santosa, I Kadek; Rai Yuliartini, Ni Putu; Sudika Mangku, Dewa Gede
Jurnal Pendidikan Kewarganegaraan Undiksha Vol 9, No 1 (2021): Februari, Jurnal Pendidikan Kewarganegaraan Undiksha
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jpku.v9i1.31429

Abstract

This research aim to (1) know and analyze arrangement of opportunity principle in article 35 letter c Act of number 16/2004 about concerning the Prosecutor’s Republic of Indonesia, and (2) know and analyze what is the consideration of public interest as a basis for the basic application of opportunality by the Attorney General. The type of research used is normative legal research. The data is obtained from this research is secondary data, obtained through library research, and analyzed by qualitative juridicial method with the statue approach, conceptual approach, case approach, comparative approach, and historical approach. This research led to the showed that the (1) basic arrangements of opportunity principle are reflected in article 35 letter c Act of number 16/2004 about concerning the Prosecutor’s Republic of Indonesia, but doesn’t clearly determine the parametes of what is meant of public interest, (2) In formulation he public interest based on article explanation 35 letter c are too broad and there are no obvious parameters, so that many interpretations related to the phrase of public interest.
CRIMINAL LAW FORMULATION POLICIES RELATED TO CORPORATE CRIME Darma Santosa, I Kadek
Ganesha Civic Education Journal Vol 2 No 1 (2020): April, Ganesha Civic Education Journal
Publisher : Program Studi PPKn Universitas Pendidikan Ganesha

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Abstract

The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.
Co-Authors Ni Putu Rai Yuliartini