The Legal Substance of Normative Ambiguity in Corporate Criminal Liability for Corruption

The corporate criminal culpability concept is point by point in Article 20, passage (1) of Law Number 31 of 1999 on the Annihilation of Debasement, as revised by Law Number 20 in 2001. Concurring to this article, on the off chance that a enterprise locks in in debasement, both the organization and/or its administration can confront criminal charges. The term "and" implies a cumulative approach, holding both the corporation and its management accountable simultaneously, whereas "or" implies an alternate method, holding either the corporation or its management answerable. The usage of "can" generates ambiguity because its application is dependent on the interpretation of prosecutors and judges. Authoritative, conceptual, and case think about techniques were utilized to conduct the investigate. The information infer that Article 20, passage (1) of the PTPK Law is subject to numerous elucidations, coming about in regulating equivocalness. This is aggravated by the absence of precise standards for determining criminal responsibility for either the organization, its management, or both. This leads to conflicting legal applications by judges, resulting in legal confusion. Hence, it is required to reexamine the corporate risk demonstrate for debasement charges beneath Article 20, passage (1) of the PTPK Law.

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Publication Details

Journal
Prosiding Seminar Nasional Ilmu Pendidikan
Published
2024-10-19
DOI
https://doi.org/10.62951/prosemnasipi.v1i2.60
Primary Topic
Wildlife Conservation and Criminology Analyses
Type
article
Field-Weighted Citation Impact
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article

The Legal Substance of Normative Ambiguity in Corporate Criminal Liability for Corruption

Hartiwiningsih Hartiwiningsih, Mochamad Ananda Wyman Wahid
Prosiding Seminar Nasional Ilmu Pendidikan
Wildlife Conservation and Criminology Analyses
article

The Legal Substance of Normative Ambiguity in Corporate Criminal Liability for Corruption

Hartiwiningsih Hartiwiningsih, Mochamad Ananda Wyman Wahid
article en

Abstract

The corporate criminal culpability concept is point by point in Article 20, passage (1) of Law Number 31 of 1999 on the Annihilation of Debasement, as revised by Law Number 20 in 2001. Concurring to this article, on the off chance that a enterprise locks in in debasement, both the organization and/or its administration can confront criminal charges. The term "and" implies a cumulative approach, holding both the corporation and its management accountable simultaneously, whereas "or" implies an alternate method, holding either the corporation or its management answerable. The usage of "can" generates ambiguity because its application is dependent on the interpretation of prosecutors and judges. Authoritative, conceptual, and case think about techniques were utilized to conduct the investigate. The information infer that Article 20, passage (1) of the PTPK Law is subject to numerous elucidations, coming about in regulating equivocalness. This is aggravated by the absence of precise standards for determining criminal responsibility for either the organization, its management, or both. This leads to conflicting legal applications by judges, resulting in legal confusion. Hence, it is required to reexamine the corporate risk demonstrate for debasement charges beneath Article 20, passage (1) of the PTPK Law.

Prosiding Seminar Nasional Ilmu PendidikanVol. 1(2)
Sebelas Maret University (ID)
Openalex Percentile: Top 73%
Wildlife Conservation and Criminology Analyses
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