CD Tesis

Analisis Yuridis Pertanggungjawaban Pidana Korporasi Pelaku Tindak Pidana Perkebunan Berdasarkan Undang-Undang Nomor 39 Tahun 2014 Tentang Perkebunan

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This study aimed to analyze the criminal liability of corporate perpetrators of plantation crimes. This study focused on two main issues, namely: Analyzing the corporate criminal liability of the perpetrators of plantation crimes based on Law Number 39 of 2014 concerning Plantation and analyzing the factors that affect Law Enforcement of corporate criminal liability of perpetrators of plantation crime based on Law Number 39 of 2014 concerning Plantation. This study used normative legal research methods in which the data collected is analyzed by sentences associated with existing theories.
The results of the study showed that the Corporate Criminal Responsibility of Plantation Criminal Actors Based on Law Number 39 of 2014 concerning Plantation, Article 113 Paragraph (1) of Law Number 39 Year 2014 concerning Plantation, only regulates the matter that criminal acts for corporations can be dropped to the corporation and its management and the corporation was subject to a maximum fine plus one third. Such arrangements created problems, weaknesses in these rules include, There was no provision when corporations can be held accountable, There was no provision when corporate management can be held accountable, There were no provisions for removing prosecution or criminal offenses for corporations. . Factors Affecting Law Enforcement of Corporate Criminal Responsibility Actors of Plantation Crimes Based on Law Number 39 of 2014 concerning Plantation were Legal Factors (Tool of legislation), Professionalism of law enforcement officers and Public Awareness.
Formulation of forms of corporate criminal liability The perpetrators of criminal acts in Law Number 39 of 2014 concerning Plantation still needed to be reviewed for improvements in the future. Because there were still gaps in the formulation of the corporate criminal responsibility model of the criminal offender in Law No. 39 of 2014 concerning Plantation. It needed to be stressed about when corporations are deemed to have committed a crime, and when administrators are deemed to have committed a crime, and a guideline for the punishment of corporate plantation burners (in this case criminal penalties), and when the prosecution and criminal corporation can be abolished.
Criminal formulation of corporate fines of criminal offenses that have been established with a fixed model with a maximum threat of Rp. 10,000,000,000.00 plus 1/3 of it, must be carefully made in view of the principle of rationality owned by the corporation. It also needed to be considered that monetary penalties were directly related to the fluctuating movements of the economy where currency values will always change.

Keywords: Liability, Perpetrators, Corporation

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 219 (0008)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2019

Deskripsi Fisik

x, 124 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 219 (0008)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PASCASARJANA (MAGISTER) ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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