PERTANGGUNGJAWABAN PIDANA KORPORASI TERKAIT UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI BERDASARKAN UNDANG UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG- UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI. (ANALISIS TERHADAP PUTUSAN MA NOMOR 787K/PID.SUS./2014)
| Main Author: | SUHARTATIK, SUHARTATIK |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2017
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/3441/1/PERTANGGUNGJAWABAN%20PIDANA%20KORPORASI%20TERKAIT%20UANG%20PENGGANTI%20DALAM%20TINDAK%20PIDANA%20KORUPSI%20BERDASARKAN%20%20UNDANG%20UNDANG%20NOMOR%2020%20TAHUN%202001%20TENTANG%20PERUBAHAN%20ATAS%20UNDANG-%20UNDANG%20NOMOR%2031%20TAHUN%201999.pdf https://eprints.untirta.ac.id/3441/ |
Daftar Isi:
- The corporation is an artificial legal subject which may be subject to criminal liability. As a legal subject (rechtpersoon), corporations are not only authorized to act as individuals, but with great freedom in economic activity. The Corruption Act (UUTPK) has established a corporation as a subject of criminal law and may be held criminally liable. If a crime is committed or even ordered by a corporation official. the corporation could be criminalized, even the fine and the return of assets. Although corporations have been defined as legal subjects in various specific criminal provisions but law enforcement against corporations that commit corruption is still very difficult to implement. This research is done by using quantitative method and normative approach, by looking at the legal provisions of corporate criminal liability in Indonesia, the application in case handling on behalf of INDAR ATMANTO does not necessarily eliminate corporate criminal responsibility (PT IM2) based on relevant legal concept and can reach acts Corporate crime and accountability of respondent superior and vicarious liability. The imposition of replacement money to Indosat and IM2 in accordance with the identification theory that corporations can commit a criminal act directly through people who are closely related to the corporation (controling officers.). Determination of IM2 as a suspect in the case of Crime of Corruption caused by misuse of 2.1 GHz radio frequency band made by Indar Atmanto as management or officer having power to make decision. The purpose of the study is to discuss existing normative law, in the application of criminal liability. In the case of Indar Atmanto's defendant-and compared it to the corporate criminal liability theory framework. In the study found that the positive Indonesian law relating to the eradication of corruption acts, has set corporate criminal liability. Thus, in the settlement of Indar Atmanto case as Director of IM2 can be constructed with more accurate, criminal act which has caused the financial loss of the State.