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Journal : Jurnal Ilmiah Penegakan Hukum

IMPLEMENTASI CRIMINAL POLICY TERHADAP PERTANGGUNG JAWABAN KEJAHATAN KORPORASI Arie Kartika
Jurnal Ilmiah Penegakan Hukum Vol 2, No 2 (2015): Jurnal Ilmiah Penegakan Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v2i2.1894

Abstract

Not only persoon, corporate can also condemnation because corporation is as the subject of lawand corporate also get benefit of what has been done managers.in this case law imposed must be fought togive the punishment. The implementation of criminal policy so important role and the breadth of corporatecrime. Prevention may be was conducted with two facilities, using penal and non penal. Three theory exactin corporate responsibility system are identification theory, vicarious liability theory ang strict liability.
Penerapan Asas Primum Remedium terhadap Penipuan dan Penggelapan Dana Koperasi Jenis Simpan Pinjam Arie Kartika; Rafiqi Rafiqi; Windy Sri Wahyuni
Jurnal Ilmiah Penegakan Hukum Vol 9, No 1 (2022): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v9i1.6895

Abstract

This article aims to discuss the application of the Primum Remedium Principle to Fraud and Embezzlement of Savings and Loans Cooperative Funds. The problem is focused on legal arrangements for fraud and embezzlement of savings and loan cooperative funds and the application of the primum remedium principle against fraud and embezzlement of savings and loan cooperative funds. To approach this problem, normative juridical research is used. The data were collected through literature study and analyzed qualitatively. This study concludes that the legal regulation of the criminal act of fraud and embezzlement of Savings and Loans Cooperative funds is not explicitly stated in the provisions of the cooperative regulations, then the Criminal Code (KUHP) is applied where fraud is regulated in Article 378 of the Criminal Code, while embezzlement is regulated in Article 372 KUHP. The Primum Remedium principle against criminal acts of fraud and embezzlement of savings and loan cooperative funds can be applied based on reports, investigations, investigations and losses caused to creditors and threatens to hamper financial system stability. Primum remedium principle as the main means in a statutory provision or prioritizing the implementation of criminal law in cooperatives because of the context of the situation, however, the use of such criminal law facilities must also be considered from the point of view of the greatest benefit, especially to create a healthy national economic system development in a future period. will come