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All Journal INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL) International Journal of Social and Management Studies (IJOSMAS)
Eny Maryana
Faculty of Law, As Syafi'iyah Islamic University, Jakarta, Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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LEGAL PROTECTION FOR VICTIMS IN CORPORATE CRIME FROM THE PERSPECTIVE OF JUSTICE Eny Maryana; Asmariah Asmariah
International Journal of Social and Management Studies Vol. 4 No. 1 (2023): February 2023
Publisher : IJOSMAS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5555/ijosmas.v4i1.295

Abstract

Corporate crimes often result in significant losses to society and victims. Therefore, an ideal regulatory direction is needed to ensure adequate legal protection for victims of corporate crimes in Indonesia. The ideal regulation is by implementing a cumulative punishment system for corporate crime perpetrators according to the Criminal Code, which is a cumulative sanction in the provision of two equal sanctions that add up or stack up in accordance with Article 14c paragraph (1), Article 14a, and Article 14b which contain the understanding that the law (as a cumulative policy) and/or Criminal Code Article 100 regarding the death penalty as an alternative route to maximizing criminal sanctions against corporations. This is intended to achieve justice for the victims and create a deterrent effect for perpetrators. The problem that often arises is the difficulty in upholding justice in the enforcement process of corporate crimes. The numerous cases of corporate perpetrators escaping legal action prove that legal protection for victims in Indonesia is still far from the principle of justice. This study aims to analyze the ideal regulatory direction to realize legal protection for victims of corporate crimes from the perspective of justice. This study uses a descriptive-analytical approach with a normative juridical method and examines legislation and court decisions related to corporate crimes. The results show that legal protection for victims of corporate crimes is still inadequate, especially in terms of receiving criminal sanctions in the form of imprisonment or compensation. In addition, law enforcement processes are often hindered by the economic and political power of corporations, which can influence the course of legal proceedings. This creates injustice for victims who feel they are not being treated fairly in the legal decision-making process. Therefore, an ideal regulatory direction is necessary to ensure that victims receive adequate legal protection and balanced justice.
Analysis of Handling State Losses In Corruption Crimes Mulyono Mulyono; Eny Maryana
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i1.123

Abstract

Handling of corruption offenses. Article 4 of Law No. 31 of 1999 states that "The return of state or national financial losses does not eliminate the criminal prosecution of the perpetrators of criminal acts as referred to in Articles 2 and 3. The existence of state losses in a case and the amount of the loss are very important, and currently there is still controversy, both regarding the evidence presented and the interpretation of "state losses" in corruption cases. To determine the amount of state losses in corruption cases, if the case is simple, the determination is made by the Prosecutor's Office. If the case requires a thorough audit, the Audit Board of Indonesia (BPK) or the Financial Supervisory Agency under Article 22 and Article 23 of Law No. 15 of 2004 concerning Examination of State Financial Management and Responsibility jo Article 1 number (16) of Law No. 15 of 2006 concerning the Audit Board of Indonesia regulates the mechanism for compensation in the event of a shortfall or loss of state funds. Law No. 15 of 2016 is contained in BPK Regulation No. 3 of 2007 concerning Procedures for Resolving Compensation for Treasurers jo the Audit Board of Indonesia Regulation No. 2 of 2010 concerning Monitoring of the Implementation of Follow-up Actions on the Results of the Audit Board of Indonesia's Audit under Article 3 paragraph (3). According to the explanation in Law No. 31 of 1999 concerning Eradication of Corruption, state finance refers to all state wealth in any form, whether separated or not, including all parts of state wealth and all rights and obligations arising from it. According to Law No. 31 of 1999, state financial loss is the reduction of state wealth caused by an illegal act, abuse of authority/opportunity or means available to a person due to their position or status, a person's negligence, and/or circumstances beyond human capability (force majeure). State losses are defined as a definite and certain shortage of money, valuable papers, and goods as a result of unlawful acts, whether intentional or negligent.
The Concept of Alternative Justice In The Form of Cumulative Criminal Sanctions For Corporate Crimes : Adopting The Concept of Justice of Thomas Aquinas Eny Maryana
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i1.124

Abstract

: Justice according to Thomas Aquinas is the virtue of justice that involves "aliquod opus adaequantum alteri secundum aliquem aequalitatis modum", which means giving what should be received by others based on proportional equality. However, Thomas' thoughts have not been seen in the law enforcement system in Indonesia, especially in the context of corporate crime victims. Victims often do not receive justice, such as compensation and appropriate punishment for corporate criminals. Indonesia's criminal law system only recognizes two types of punishment, namely primary and additional punishments. Primary punishment includes the death penalty, imprisonment, detention, fines, and closure, with a maximum prison sentence of 20 years even if there are multiple victims with significant losses. Therefore, quantitatively speaking, this is unfair according to the principles of justice explained by Thomas Aquinas. Criminal sanctions against corporate crime perpetrators are regulated in Law Number 11 of 2020 concerning Job Creation. Although legal entities or corporations can be held accountable and punished, the primary punishment against corporations is only in the form of fines and/or additional punishments, such as confiscation of evidence, compensation, and restitution. However, the criminal sanctions in some large cases of corporate crime are not proportionate to the value of losses and the number of victims affected. Therefore, alternative thinking is needed in the context of proportionate punishment based on the principles of justice of Thomas Aquinas, namely cumulative justice. This research aims to analyze the application of cumulative law in Indonesia based on alternative justice for corporate crime victims. Alternative justice must be embodied in the form of revisions to the Criminal Code to implement a more just legal system in Indonesia. This study uses a descriptive-analytical approach with normative legal methods, and examines regulations and the Criminal Code. The results show that cumulative law as an alternative justice for corporate victims in seeking proportional justice must be applied in the legal jurisdiction of the Republic of Indonesia. This does not preclude the possibility of becoming a reality as the law advances and crime becomes increasingly sophisticated and well-organized.
Co-Authors Asmariah Asmariah Mulyono Mulyono