To see the other types of publications on this topic, follow the link: Corporations law.
Journal articles on the topic 'Corporations law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Corporations law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Huda, Misbahul. "LEGAL POLITICS OF CORPORATE CRIME IN INDONESIA." IBLAM LAW REVIEW 1, no. 2 (May 31, 2021): 45–62. http://dx.doi.org/10.52249/ilr.v2i2.16.
Full textAbstract:
A corporation is often followed by violations or even unlawful acts, including violations of criminal law. Corporate crime can also be categorized as an organized transnational crime. At this time corporations as legal subjects can be subject to criminal charges. By accommodating the position of corporations as subjects of general criminal law, corporations can be considered as perpetrators of criminal acts like humans as legal subjects. Unlike before, where the position of the corporation as a subject of criminal law is only accommodated by laws outside the Criminal Code which regulates certain offenses. The regulation outside of the Criminal Code makes the regulation of corporations a subject of criminal law and their criminal liability differs from one regulation to another. With the regulation in the R-KUHP, of course, it will also make uniform regulations regarding corporations as a subject of criminal law, so that there is no difference. However, the regulation of corporations as a subject of criminal law, the current R-KUHP concept is still considered to have shortcomings, because it uses the identification doctrine as the basis for criminal liability
2
Abuelghanam, Saad. "Legal Consequences of Patent Invalidation Upon Corporation in the Jordanian Law." Jordanian Journal of Law and Political Science 14, no. 1 (March 30, 2022): 363–404. http://dx.doi.org/10.35682/jjlps.v14i1.343.
Full textAbstract:
This paper studies the legal consequences that stem from a dictum declaring a patent invalidation when such a patent constitutes a share or part of a corporation’s capital according to the provisions of the following national laws: Civil code, Corporations Law, and Patents Law. Based on the timing of invalidation, the study addresses its subject in two main axises: The first is dedicated to invalidation before registering the corporation to become legal person and the second addresses the consequences of invalidation after the company had been registered and acquired its capacity as a legal personality. Therefore, the study concludes that the outcome of patent invalidation upon a corporation varies from the mere replacement of the patent with the monetary value allocated to the patent in the corporation’s contract, or the removal of that partner and changing the company’s title – especially in partnerships – to termination and, thus, liquidation of the corporation.
3
Inayah, Iin. "CORPORATE CRIMINAL LIABILITY." JHR (Jurnal Hukum Replik) 8, no. 2 (December 1, 2020): 89. http://dx.doi.org/10.31000/jhr.v8i2.3586.
Full textAbstract:
Abstract The evolution perspective that place person, not the only one criminal law subject, but also corporations, has ignored the principle “Universitas delinquent non potest” which has been used as a reason that corporations that commit the crime cannot be stated as perpetrators of crime, and shift into perspective that corporations can be stated as criminal law subject. Indonesia has recognized corporations as perpetrators of crime. This can be proven by the existence of corporate arrangements as perpetrators of criminal acts in various laws and regulations in Indonesia outside the Criminal Code. However, despite the recognition that corporations are subject to criminal law, in reality, we see that there are still many criminal acts involving corporations that do not direct corporations to become suspects in the judicial process. This would be a problem for law enforcement in Indonesia. With the recognition of the corporation as the subject of a criminal act, then it is important to criminalize not only the board but also related corporations. If corporate not addressed as criminal, therefore, the purpose of punishment will be different if the criminal is only addressed to administrators but not to the corporation. In general, the charging of criminal is the purpose as a deterrent effect against the corporation who committed the crime and also, also as an effort to prevent the criminal act is not performed by the other corporations. Associated with given criminal purposes, if only the criminal responsibility on the corporate board of sentencing objectives to be achieved will be difficult to achieve. It would be important to not only penalize the corporate board but also still penalize the corporation concernedKeywords: Corporate, criminal liability, criminal
4
Zulkarnain, Zulkarnain, and Zahir Rusyad. "PEMBAHARUAN CRIMINAL POLICY TENTANG SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI (Upaya Strategis dalam Penaggulangan Kejahatan Korporasi)." Widya Yuridika 1, no. 2 (December 13, 2018): 185. http://dx.doi.org/10.31328/wy.v1i2.747.
Full textAbstract:
Corporation crime is as extra ordinary crime we should fight against seriously. Great efforts must be made in order to remove this crime. Such effortst, however, are not in a direct proportion with the criminal policy serving as a base in its law enforcement. The criminal codes serving as the main legal law turn out just considering natural people as a subject of criminal law that may be criminaly assumed, instead of recognizing corporations as the subject of the criminal law, although in some corporation arrangements out of the criminal codes, there are some schemas that recognize corporations as a subject of law. Such arrangements, however are still doubtfully made, since the recognition of corporations as a subject of law in the law still denies the responsibility and comdemnation of corporation in the Indonesian criminal law still refer to a paradigm that position a person as a doer of crimes. As a result, although it is clear that the actor of crimes is a corporation, it is the natural person who should be responsible for the crime. Kata Kunci: korporasi, pertanggungjawaban pidana.
5
Bukspan, Eli. "On the linkage between the fundamental problem in corporate law and standard contracts law." Corporate Ownership and Control 1, no. 4 (2004): 30–35. http://dx.doi.org/10.22495/cocv1i4p2.
Full textAbstract:
The claim argued in this paper is that common law, as presently applied to public corporations (i.e., Corporate Law and Securities Law), is characterized by a broad consumer outlook that subsumes standard contracts law. The “consumerist” attributes of shareholders in public corporations rely on the widely accepted theoretical analysis of corporate law that focuses on the separation of ownership and control (the “agency problem”), which was developed in the wake of the growing might of mega-corporations. Respectively, standard contracts law, including its consumerist elements, designed to deal with contractual failures arising from the nature of the bylaws of a public corporation, as a contract whose contents are not negotiable by the parties invited to adhere to it, and from the inferior economic and informational standing of share buyers in the capital market. As such, standard contracts law serves as an additional, justified and consistent legal tool for contending with the agency problem, whence the opening for its application to public corporations.
6
Euler, Dimitrij. "Standards on transparency of publicly listed corporations: Information owed to the public?" Corporate Ownership and Control 11, no. 3 (2014): 184–92. http://dx.doi.org/10.22495/cocv11i3c1p5.
Full textAbstract:
The paper is about domestic laws’ response to the greater need of publicly listed corporation to be accountable to the public in accordance with international law. The paper is dedicated to the transparency of multinational corporations listed and incorporated in Germany, the United Kingdom, the United States and Switzerland. Under these applicable laws, transparency of publicly listed corporations has significantly changed in the last decade. Some countries oblige corporations to disclose non-financial and financial information immediately; others merely require periodic reporting of financial information. In particular, the connection between Impact Investor, an investor that invests based on social or environmental criteria in addition to the financial performance, and the investment target, publicly listed corporations contributed to some change. The applicable law provides a minimum standard of transparency. This minimum standard defines how the reasonable investor invests in the publicly listed corporation. Depending on this standard, the responsibility owed by the publicly listed corporation extends from the shareholder, several stakeholders to the public. Reasons for these differences lie in the greater accountability of publicly listed corporations from shareholders, to stakeholders or even the public. The OECD’s different standard on Corporate Governance, the Ruggie principles and other recommendations of non-governmental organisations (NGO) keep shaping the accountability under the applicable law. These standards provide guidance to corporations to voluntarily implement greater responsibilities beyond the minimum standard in the form of Corporate Governance. However, once publicly listed corporations implement these standards, the applicable law seem to not adequately impose duties on publicly listed corporations to disclose the information under its self-imposed standard to stakeholders or even the public. The paper researches the problem of transparency of publicly listed corporations in European Union, in particular Germany and the United Kingdom, as well as the United States and Switzerland wither regard to impact investors. Its hypotheses is that the applicable law lacks clear wording that transfers voluntary standards into binding law. The paper will not focus on obligations of corporation established under contracts with groups of shareholders. It will also not focus on stock market programmes to audit corporations based on environmental and social criteria. The paper excludes inter partes obligations because they give the contracting party merely a right to rely on the disclosure. The paper will also not look at methods for evaluation of non-financial information with regard to publicly listed corporations.
7
Satria, Hariman. "PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA SUMBER DAYA ALAM." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28, no. 2 (June 27, 2016): 288. http://dx.doi.org/10.22146/jmh.16722.
Full textAbstract:
AbstractIn ius constitutum of Natural Resources, the liability of corporate criminal, in any case, has been set in fve laws. First, fsheries and forestry law have similar formulation that corporations act as makers–undertakers are convicted. Second, plantation law, corporations act as makers –the corporations are convicted. Third, environmental law, corporations as makers –the corporation and the orderer are convicted. Fourth, mineral and coal mining law, corporations as makers –the board and the corporation are convicted. Indeed, there are inconsistencies in the regulation of corporate criminal liability in natural resources sector resulting in legal uncertainty.IntisariDalam ius constitutum SDA, paling tidak pertanggungjawaban pidana korporasi diatur oleh lima undangundang. Pertama UU perikanan dan kehutanan memiliki rumusan yang sama bahwa korporasi sebagai pembuat–pengurus dipidana. Kedua, UU perkebunan, korporasi sebagai pembuat–korporasi dipidana. Ketiga, UU lingkungan hidup, korporasi sebagai pembuat–korporasi dan orang yang memberi perintah dipidana. Keempat, UU minerba, korporasi sebagai pembuat–pengurus dan korporasi yang dipidana. Tegasnya ada inkonsistensi dalam pengaturan pertanggungjawaban pidana korporasi di sektor SDA sehingga menimbulkan ketidakpastian hukum.
8
Darma Santosa, I. Kadek. "CRIMINAL LAW FORMULATION POLICIES RELATED TO CORPORATE CRIME." Ganesha Civic Education Journal 2, no. 1 (April 12, 2020): 17–24. http://dx.doi.org/10.23887/gancej.v2i1.88.
Full textAbstract:
The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.
9
Atkinson, Evelyn. "Telegraph Torts: The Lost Lineage of the Public Service Corporation." Michigan Law Review, no. 121.8 (2023): 1365. http://dx.doi.org/10.36644/mlr.121.8.telegraph.
Full textAbstract:
At the turn of the twentieth century, state courts were roiled by claims against telegraph corporations for mental anguish resulting from the failure to deliver telegrams involving the death or injury of a family member. Although these “telegraph cases” at first may seem a bizarre outlier, they in fact reveal an important and understudied moment of transformation in the nature of the relationship between the corporation and the public: the role of affective relations in the development of the category of the public utility corporation. Even as powerful corporations were recast as private, rights-bearing, profit-making market actors in constitutional law, a significant minority of rural state courts deviated from the common law to impose liability for mental anguish on negligent telegraph corporations. They did so on the basis that telegraph companies bore a duty to protect the emotional wellbeing and family connections of their customers. In this, courts gave voice to the popular view, voiced by telegraph users and promoted by the companies themselves, of the telegraph corporation as a faithful servant of individual families and communities. In so doing, they embedded the historical and popular perception of the corporation as “servant” into the definition of “public service.” This Article exposes the private law of the public service corporation and the noneconomic dimension of the legal category of “public utility.” Current scholarship has focused on how turn-of-the-century jurists developed the category of “public utility” or “public service” corporation to justify state economic regulations that would otherwise infringe on corporations’ newfound constitutional rights. The telegraph cases reveal a concurrent and complementary development in tort law: the imposition of affective responsibilities on certain corporations as well. Illuminating this doctrine offers an example of how the public utility category could be mobilized to protect the emotional as well as economic wellbeing of the public today.
10
Nani Mulyati and Aria Zurnetti. "Asset Recovery as a Fundamental Principal in Law Enforcement of Corruption by Corporations." Andalas International Journal of Socio-Humanities 4, no. 1 (June 30, 2022): 51–60. http://dx.doi.org/10.25077/aijosh.v4i1.33.
Full textAbstract:
Corruption is one of the most widespread and chronic crimes in Indonesia. Therefore, handling corruption is a very important priority for law enforcement. Perpetrators of corruption are not only individuals but also corporations. The crime is done for the benefit of the corporation itself. Today corruption committed by corporations have started to be a concern of law enforcement officials even though the implementation is not yet optimal. This paper discusses the assets recovery as a fundamental principal in criminal punishment against a corrupt corporation. This research is using a dogmatic legal method by analyzing legal materials. From the research conducted it can be concluded that law enforcement of criminal acts of corruption carried out by corporations should be prioritized in the asset recovery principal and not only aiming to punish criminal offenders. So it is recommended to law enforcement officials to use asset recovery approach in handling corruption cases committed by corporations, including in pairing the indictment with money laundering regime.
11
Nani Mulyati and Aria Zurnetti. "Asset Recovery as a Fundamental Principal in Law Enforcement of Corruption by Corporations." Andalas International Journal of Socio-Humanities 4, no. 1 (June 30, 2022): 51–60. http://dx.doi.org/10.25077/aijosh.v4i1.33.
Full textAbstract:
Corruption is one of the most widespread and chronic crimes in Indonesia. Therefore, handling corruption is a very important priority for law enforcement. Perpetrators of corruption are not only individuals but also corporations. The crime is done for the benefit of the corporation itself. Today corruption committed by corporations have started to be a concern of law enforcement officials even though the implementation is not yet optimal. This paper discusses the assets recovery as a fundamental principal in criminal punishment against a corrupt corporation. This research is using a dogmatic legal method by analyzing legal materials. From the research conducted it can be concluded that law enforcement of criminal acts of corruption carried out by corporations should be prioritized in the asset recovery principal and not only aiming to punish criminal offenders. So it is recommended to law enforcement officials to use asset recovery approach in handling corruption cases committed by corporations, including in pairing the indictment with money laundering regime.
12
Effendi, Shofi Munawwir, I. Gede Widhiana Suarda, and Fiska Maulidian Nugroho. "FORMULASI PIDANA PENUTUPAN KORPORASI ATAS DELIK LINGKUNGAN HIDUP." Veritas et Justitia 9, no. 1 (July 1, 2023): 138–63. http://dx.doi.org/10.25123/vej.v9i1.6123.
Full textAbstract:
Corporations’ important and strategic role is indispensable to the development of national economy. Even so, economic development should not be used to serve corporation as justification to sacrifice the environment and wellbeing of the society in order to gain maximum profit. Efforts to develop the mechanism of corporate liability for environmental offenses have been continuously done through the Environment Law issued from 1997 to 2009 and regulations in the Job Creation Law. However, the formulation of responsibility for environmental offenses is still relatively weak, coupled with the absence of a provision for when an environmental offense is committed by a corporation, and the inadequate arrangements for executing punishment for corporations. Through statutory and conceptual approaches, this study seeks to formulate criminal formulations that can be applied to corporations for environmental offenses. In this case, the research is focusing on the additional penalty of corporation dissolution which is seen as the ultimate punishment for corporate law subjects. The existence of dissolution as punishment might serve as an answer to other problems within the realms of environmental law enforcement. This study aims to present provisions of criminal penalties against corporations that pollute and/or damage the environment through editorial norms construction.
13
Faturachman, Fauzan Azima, Tomi J. E. Hutasoit, and Asmak Ul Hosnah. "Pertanggungjawaban dan Penegakan Hukum Pidana Korporasi dalam Tindak Pidana Korupsi di Indonesia." AKADEMIK: Jurnal Mahasiswa Humanis 4, no. 2 (May 1, 2024): 197–212. http://dx.doi.org/10.37481/jmh.v4i2.731.
Full textAbstract:
The times and business complexity have encouraged the important role of corporations in various aspects of life. On the other hand, corporations also have the potential to violate the law, including corruption. Corruption is a complex issue that has a major impact on the environment, economy and community welfare. In some cases, corruption offenses are committed by corporations, so questions arise about corporate criminal liability and law enforcement. Corporate criminal liability is a relatively new concept in Indonesia. This concept allows corporations to be convicted for criminal offenses committed by the management, directors, or employees of the corporation. Based on this relatively new concept, the regulation of corporate criminal liability and law enforcement still raises questions and legal uncertainty.
14
Firmansyah. "MENJERAT KORPORASI DALAM TINDAK PIDANA KORUPSI." Madani Legal Review 1, no. 1 (June 15, 2017): 52–66. http://dx.doi.org/10.31850/malrev.v1i1.28.
Full textAbstract:
Corruption is a crucial issue that requires extraordinary handling so that it is known as one of the extra ordinary crime regime, then made a special law on the issue of Corruption and created a special agency to handle corruption in this case is the Corruption Eradication Commission which in the process of handling rarely entrenched Corporations As the Subject of Law to be held accountable. This journal aims to find out Problems related to the problems of Corporations in Corruption as well as to know the steps to ensnare Corporations in corruption. This journal uses the normative juridical method. While the analysis with descriptive method. The results of this paper is in the case of corruption is the time to ensnare the corporation, where in the case of corruption involves many corporations, because one of the goals of handling corruption is the state financial recovery (assat recovery) and The efforts to ensnare corporations as subjects in corruption cases By using L.Friedman's legal system approach that is related to the substance or rules related to the corporation must be clear and detailed, both related to the structure, that there must be communication between law enforcement officers, and the last is the legal culture that is political will from law enforcement officers.
15
Laptev, Vasiliy A. "Models of «impersonal» management of commercial corporations: legal aspects." Vestnik of Saint Petersburg University. Law 13, no. 2 (2022): 378–95. http://dx.doi.org/10.21638/spbu14.2022.206.
Full textAbstract:
Traditional management models of commercial corporations involve the distribution of authorized capital among specific members of the corporation. This state of affairs makes it possible to establish a system of corporate control, the scope of the rights of each member of the corporation, and also to consider commercial corporations as a whole as an association of capital and (or) an association of persons. This article explores models of corporate governance in which a member of the corporation is not formally known or is completely absent. This study is not limited to the legal assessment of beneficial ownership of a corporation. A legal assessment is given of possible models of corporate governance that do not allow, both legally and actually, to truly establish the owner of the business. The bases for classification of models of impersonal management of a corporation are highlighted. Modern domestic corporate and judicial practice on the issue of using the model of “impersonal” management of a corporation is given. The possibility of identifying the deliberate use of the considered management model in the formation of the supreme body of the corporation, as well as the abuse of corporate rights in relation to the rights and legitimate interests of other members of the corporation and third parties (for example, creditors or government bodies) is being studied. The variability of the model of impersonal management of commercial corporations is revealed; the legal consequences of the application of this management model are determined; Ways of solving the issue of bringing liable persons to responsibility are proposed. Mechanisms for detecting the impersonal management of a corporation are proposed, including through the use of digital technologies. Criteria that determine the unfair use of this management model are analyzed. In the study, new approaches have been formed to identify the model of impersonal management of corporations by the courts and prevent their use.
16
Permana Soediro, Dede Indra, and Joko Setiyono. "Implementation of Beneficial Ownership in Corporations to Prevent the Crime of Money Laundering in Accordance with Law Number 8 of 2010." International Journal of Social Science Research and Review 7, no. 4 (April 9, 2024): 312–23. http://dx.doi.org/10.47814/ijssrr.v7i4.2076.
Full textAbstract:
The era of globalization influences the development of the world economy and one of them is the existence of many forms of business associations, in this case called corporations. Corporations are organized groups and/or assets, whether they are legal entities or non-legal entities. Corporations are often used as a place or business turnover for the proceeds of crime which is called money laundering. Crimes that are often committed by corporations are crimes related to money laundering. To prevent and eradicate the crime of money laundering, corporations must register their beneficial owners. A beneficial owner is an individual who can appoint or dismiss directors, commissioners, administrators, managers or supervisors of a corporation, has the ability to control the Corporation, is entitled to and/or receive benefits from the Corporation either directly or indirectly, is the actual owner of the funds or shares of the Corporation and/or fulfill the criteria as intended in the Presidential Regulation. The method used in this research is normative juridical, which is research using statutory regulations as study material. The data collection technique used by researchers in this research is a library study technique where data is obtained from scientific writings and research in articles and other journals. In order to prevent and eradicate the crime of money laundering, Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering was issued, as well as Presidential Decree Number 13 of 2018 concerning the Application of the Principle of Recognizing the Benefits of Corporations in the Context of Preventing and Eradicating the Crime of Money Laundering and Terrorism Financing Crime. When establishing a corporation, the beneficial owners of the corporation must be registered. The hope of this regulation is to prevent and eradicate criminal acts of money laundering carried out by corporations under the pretext or business reasons of corporate businesses.
17
Hasanah, Galuh Nur, and Anita Zulfiani. "Pertanggungjawaban Pidana Korporasi dalam Korupsi Pengadaan Barang dan Jasa Konstruksi." Justicia Sains: Jurnal Ilmu Hukum 8, no. 2 (November 30, 2023): 544–58. http://dx.doi.org/10.24967/jcs.v8i2.2321.
Full textAbstract:
The development of criminal law is now beginning to recognize corporations as entities subject to criminal law, so that corporations suspected of committing criminal acts can also be held criminally responsible. This study aims to analyze the concept of criminal liability for corporations that commit corruption in the field of procurement of goods and construction services. The method used in this paper uses normative juridical law research by conducting a study of literature materials in the field of law related to the research topic. This research uses a statute approach and a case study. The results showed that in looking at criminal liability for corporations suspected of committing criminal acts, they must first see and know a mistake from the corporation. The imposition of penalties and determination of the amount of substitute money to be paid to corporations proven to have committed corruption should require new arrangements because existing legal regulations currently have limitations in certain cases prohibited from containing more arrangements than the provisions contained by law.
18
Negara, GP Aditya Prawira. "PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA TERHADAP PELAKU KORPORASI." Jurnal Magister Hukum Perspektif 10, no. 1 (March 2, 2022): 37–51. http://dx.doi.org/10.37303/magister.v10i1.26.
Full textAbstract:
Law enforcement in Indonesia in the case of Corruption Crimes outlined in Transparency International (IT) data Indonesia is still considered the most corrupt. Such conditions require the handling of criminal acts that are "extraordinary" (extra-ordinary enforcement) including law enforcement against corporate actors. Currently, the enforcement of tipikor law against corporate actors is not only focused on the person / manager but also focused on the corporation. In the Tipikor Law, the law enforcement of corporate actors uses 3 doctrines namely identification theory, vicarious liablity and strict liability and the model of criminal liability using administrators can be accounted for criminal together with corporations. Related to the procedures of law enforcement tipikor conducted by the corporation based on the knowledge and experience of each law enforcement officer and to overcome the problem MA issued Perma Number 13 of 2016 on Procedures for Handling Criminal Acts by Corporations. This is done to fill the legal void related to the handling of criminal acts with corporate actors who have not been clearly and firmly regulated. Enforcement of tipikor law by corporations experiencing several obstacles, among others, the main criminal sanctions are only in the form of fines {article 20 paragraph (7) of the Tipikor Law, which if the perpetrator does not want to pay there is no other alternative. The death penalty in article 2 paragraph (2) of the Tipikor Law cannot be applied to corporations. In addition, Perma Number 13 of 2016 cannot be used as a reference by investigators or public prosecutors because the Perma is binding into including criminal sanctions are still in the form of fines, have not regulated the mechanism of withdrawal of corporate criminal liability.
Keywords : Law Enforcement, Criminal Acts, Corruption, Corporations
19
Chander, Anupam. "Unshackling Foreign Corporations: Kiobel’s Unexpected Legacy." American Journal of International Law 107, no. 4 (October 2013): 829–34. http://dx.doi.org/10.5305/amerjintelaw.107.4.0829.
Full textAbstract:
The Supreme Court’s ruling in Kiobel v. Royal Dutch Petroleum Co. disfavors American corporations. While largely unshackling foreign corporations from the risk of being haled before an American court to answer for human rights abuses abroad, the decision keeps American corporations constrained by human rights law. This inconsistency exists because application of the Alien Tort Statute (ATS), as announced in Kiobel, turns on whether a corporation’s actions “touch and concern” the United States. American corporations are simply far more likely to satisfy that standard than foreign corporations.
20
Herwanda, Langgeng Sukma. "Corporate Criminal Liability for the Crime of Money Laundering with a Follow-The-Money Approach." International Journal of Social Science And Human Research 05, no. 10 (October 23, 2022): 4622–31. http://dx.doi.org/10.47191/ijsshr/v5-i10-30.
Full textAbstract:
Based on Law Number 40 of 2007 concerning Limited Liability Companies Jo. Law Number 8 of 2010 Concerning the Prevention and Eradication of Money Laundering Jo. Regulation of the Indonesian Republic of Indonesia Court of Justice Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations provides space for criminalizing corporations as subjects that are held liable for criminal acts of money laundering. However, law enforcement officers rarely place corporations as subjects for criminal responsibility in money laundering cases, even though corporations play an essential role in the occurrence of money laundering crimes. This was proven by handling the money laundering case taken by the Corruption Eradication Commission, which for the first time, made PT Putra Ramadhan a corporation that was asked to be held responsible for criminal acts of money laundering.
21
Joko Sriwidodo and M.S. Tumanggor. "Regulation of Corporate Criminal Liability According To Law Number 1 Year 2023 On The Criminal Code." KRTHA BHAYANGKARA 18, no. 1 (April 30, 2024): 197–214. http://dx.doi.org/10.31599/krtha.v18i1.1650.
Full textAbstract:
Corporation as a subject of criminal law that can be held criminally responsible is not known in the old Criminal Code. This is because the old Criminal Code is a legacy of the Dutch colonial government whose legal system adheres to the Continental European legal system (civil law). Countries that adhere to the civil law legal system are a little behind in terms of regulating corporations as subjects of criminal law, in contrast to countries that adhere to the common law legal system, which has regulated corporate liability and this has started since the industrial revolution. In Indonesia itself, the regulation on corporation as a subject of criminal law is regulated in the Law outside the Criminal Code. Meanwhile, the new Criminal Code has regulated corporations as legal subjects that can be held criminally liable. As regulated in Article 45 to Article 50, Article 56, and Articles 118 to 124 of Law No. 1 of 2023 on the Criminal Code. Although prior to the enactment of Law No. 1 of 2023 on the Criminal Code there was already Perma No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations and Regulation of the Attorney General of the Republic of Indonesia Number PER-28/A/JA/10/2014 concerning Guidelines for Handling Criminal Cases with Corporate Legal Subjects. Prior to the issuance of the regulation, the Attorney General's Office had first issued Circular Letter of the Attorney General of the Republic of Indonesia Number B-036/A/FT.1/06/2009 regarding Corporations as Suspects/Defendants in Corruption Crimes addressed to the Head of High Prosecutors throughout Indonesia. Thus, Corporations as a subject of criminal law can already be held criminally liable with the strength and legal certainty stipulated in the New Criminal Code.
22
Bowie, Nikolas. "Corporate Democracy: How Corporations Justified Their Right to Speak in 1970s Boston." Law and History Review 36, no. 4 (August 28, 2018): 943–92. http://dx.doi.org/10.1017/s0738248018000160.
Full textAbstract:
AbstractIn the early 1970s, the executives of the First National Bank of Boston spent hundreds of thousands of the bank's dollars on ads opposing statewide efforts to raise their personal income taxes. When frustrated Massachusetts legislators banned this sort of corporate spending, the executives sued, arguing that “corporations have the same First Amendment rights as individuals.” In First National Bank of Boston v. Bellotti, the Supreme Court held for the first time that the First Amendment protects all political speech, even ads paid for by a corporation. Surprisingly, the first corporation to take advantage of this decision was not the bank, but the city of Boston--a municipal corporation that spent nearly a million dollars on a new referendum in the fall of 1978.This article discusses the history of the 1978 referendum, one pitting municipal corporations against business corporations. It argues that the referendum and the discourse surrounding it made it intuitive for Bostonians that all corporations, banks and cities, are representative institutions. Corporations can “speak” only by spending money, and the leaders of Boston and the bank justified spending other people's money by pointing to the internal elections that put them in office. But voters were skeptical of the argument that “corporate democracy” alone could guarantee that elected executives spoke with the consent of the people they purported to represent. The article offers a novel contribution to the historiography of modern business and politics: a legal history of how corporations--municipal and financial--became politicized in the wake of evolving First Amendment free-speech doctrine.
23
Rauterberg, Gabriel. "The Corporation’s Place in Society." Michigan Law Review, no. 114.6 (2016): 913. http://dx.doi.org/10.36644/mlr.114.6.corporation.
Full textAbstract:
The vast majority of economic activity is now organized through corporations. The public corporation is usurping the state’s role as the most important institution of wealthy capitalist societies. Across the developed world, there is increasing convergence on the shareholder-owned corporation as the primary vehicle for creating wealth. Yet nothing like this degree of convergence has occurred in answering the fundamental questions of corporate capitalism: What role do corporations serve? What is the goal of corporate law? What should corporate managers do? Discussion of these questions is as old as the institutions involved.
24
Lavoie, Chantal. "L'immunité constitutionnelle des corporations provinciales." Les Cahiers de droit 28, no. 1 (April 12, 2005): 223–39. http://dx.doi.org/10.7202/042802ar.
Full textAbstract:
This paper purports to examine whether provincially incorporated corporations are immune from federal laws affecting their status and essential powers. Federal corporations enjoy such an immunity in respect to provincial laws. After considering the nature of the provincial power of incorporation, we focus on the basis of the status and essential powers immunity. Federal immunity is either founded on the paramountcy and the inoperability of the law or on the exclusiveness and the inapplicability of the law (reading-down doctrine). The latter hypothesis would allow provincial companies to benefit from an immunity analogous to the one recognized for federal companies. Furthermore, such an immunity will render certain, but not all, federal laws inapplicable to provincial corporations. A distinction must be drawn between a law pertaining to provincial corporate matters and a law regulating business activities. In the latter case, the provincial corporation must observe this law since it does not impair its status and essential powers.
25
Nurjannatul Fadhilah, Aria Zurnetti, and Nani Mulyati. "Pertanggung jawaban Pidana Korporasi Pada Tindak Pidana Perbankan Dalam Rangka Pembaruan Hukum Pidana." Lareh Law Review 2, no. 1 (June 27, 2024): 1–14. http://dx.doi.org/10.25077/llr.2.1.1-14.2024.
Full textAbstract:
Previously banking crimes committed by corporations tended to be difficult to enforce, because corporations weren’t the subject of criminal law, either according to the Criminal Code or the Banking Law. In order to reform the national criminal law, the government then promulgated the National Criminal Code and the PPSK Law which introduced a renewal of thought in the Indonesian criminal law regime. The reform led to a shift in the position of corporations as subjects of banking crimes. The issues raised are: 1) How does the position of corporations shift as the subjects of banking crime after the National Criminal Code and the PPSK Law?; 2) How is corporate criminal liability in banking crimes after the National Criminal Code and the PPSK Law? This research uses normative juridical methods through statue approach, and conceptual approach. The results obtained from this study include that after the National Criminal Code and the PPSK Law, the position of corporations as subjects of banking crimes has shifted from previously not recognized in the Criminal Code or Banking Law, now it has been recognized as a subject of banking crimes, so that the principle of delinquere non potest university used by the previous Criminal Code is no longer relevant in the new Indonesian criminal law paradigm. Then the National Criminal Code and the PPSK Law basically use three forms of corporate criminal liability, namely: criminal liability is imposed on corporations only, criminal liability is imposed on individual only, or liability is imposed on both (corporation and individual).
26
TIKHANYCHEV, A. P. "LEGITIMATE INTERESTS OF LEGAL ENTITIES: DOCTRINAL APPROACHES AND APPLICATION IN TAX LAW." Ser-11_2023 64, no. 5, 2023 (June 20, 2024): 131–44. http://dx.doi.org/10.55959/msu0130-0113-11-64-5-8.
Full textAbstract:
The theory of legitimate interests was created within the sociological school of law. Interests have been interpreted as an individual’s aspiration to meeting its own needs. The theory has been directed on researching individuals’ legitimate interests. The question of corporate interests has been not properly researched, the problem of a subject of a legitimate interest has been not the point of discussion in a legal theory. There is no unanimous point of view on corporate interests within a science of civil law. Two opposite points of view coexists in the doctrine: interests of corporations are real (realistic theories); only interests of sharers are real ( ction theory). It is possible to recognize the existence of corporation’s legitimate interests with speci c legal nature, derived from entrepreneurial activity of a corporation. Legitimate interests are used by courts in the resolution of tax disputes, for example, by applying the principle of ‘bona de’ tax administration. By analysis, other legitimate interests of a legal entity are legitimate expectations and the ‘tax reconstruction’. The research on the topic of legitimate interests of corporations are perspective for the tax law.
27
Suluh, Bintang, Farhana Farhana, and Ramlani Lina Sinaulan. "CRIMINAL LIABILITY OF THE COMPANY'S LEGAL ENTITY IN THE CRIME OF MONEY LAUNDRING." IBLAM LAW REVIEW 2, no. 1 (January 31, 2022): 139–57. http://dx.doi.org/10.52249/ilr.v2i1.61.
Full textAbstract:
Based on Law Number 40 of 2007 concerning Limited Liability Companies Jo. Law Number 8 of 2010 Concerning the Prevention and Eradication of Money Laundering Jo. Regulation of the Indonesian Republic of Indonesia Court of Justice Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations provides space for criminalizing corporations as subjects who are being held liable for criminal acts of money laundering. However, in practice, law enforcement officers rarely place corporations as subjects for criminal responsibility in money laundering cases, even though corporations play an important role in the occurrence of money laundering crimes. This was proven by the handling of the money laundering case handled by the Corruption Eradication Commission, which for the first time made PT Putra Ramadhan a corporation that was asked to be held responsible for criminal acts of money laundering.
28
Ilmonen, Klaus R. "Corporate Governance and Accountability in an Evolving Political Environment." European Business Law Review 32, Issue 5 (October 1, 2021): 817–52. http://dx.doi.org/10.54648/eulr2021029.
Full textAbstract:
The political environment of corporations has been evolving rapidly. There has been increasing pressure to hold corporations accountable for social, environmental and political aspects of the business enterprise – even the very purpose of the corporation has been challenged. The salience of corporate matters has increased overall as a result of changes in the political environment and an increasing awareness of corporate externalities. With the growing economic and political significance of corporations, corporate governance has emerged as a relevant framework for political action. These developments have affected the relationships among corporate constituencies and the boundaries of the corporate enterprise. Based on a political approach to corporate governance, this paper considers the resulting implications for the legal premises of corporate governance in an EU context. The paper argues that current corporate structures may not reflect the requirements of the rapidly evolving political environment. Corporate governance, corporate social responsibility, politicization of the corporation
29
Purnomo, Andi. "Kebijakan Hukum Pidana Dalam Tindak Pidana Penyelundupan Barang Oleh Korporasi." COMSERVA Indonesian Jurnal of Community Services and Development 2, no. 07 (November 17, 2022): 870–83. http://dx.doi.org/10.59141/comserva.v2i07.406.
Full textAbstract:
This study aims to determine the direction of criminal law formulation policy in the criminal act of smuggling goods by corporations according to Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs and to determine the model of criminal liability in the criminal act of smuggling goods by corporations. The method of data collection that the author uses in preparing this thesis is by using library research. This library study the author collects data by reading, recording, studying and analyzing the contents of decisions related to the problem, including legislative literature, documents, archives and Supreme Court decision number 1734 K/Pid.Sus/2017, the Supreme Court of the Republic of Indonesia which decided that PT Tujuan Utama was a corporation that was found guilty in the crime of smuggling gold. The result of this study is that in the Supreme Court decision number 1734 K/Pid.Sus/2017 adheres to stricht liability, which is clearly not only individuals (company administrators) who can be held criminally liable, but the corporation / legal entity can also be subject to criminal liability. Of the seven models of criminal liability against corporations, only the vicarious liability and stricht liability models are explicitly adopted in the provisions of Law No. 17 of 2006 amending Law No. 10 of 1995 on Customs in handling criminal acts of smuggling goods by corporations. Meanwhile, other criminal liability models can be considered to be applied in handling criminal acts of smuggling by corporations in the future.
30
Purnomo, Andi. "Kebijakan Hukum Pidana Dalam Tindak Pidana Penyelundupan Barang Oleh Korporasi." COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat 2, no. 7 (November 17, 2022): 870–83. http://dx.doi.org/10.59141/comserva.v2i7.406.
Full textAbstract:
This study aims to determine the direction of criminal law formulation policy in the criminal act of smuggling goods by corporations according to Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs and to determine the model of criminal liability in the criminal act of smuggling goods by corporations. The method of data collection that the author uses in preparing this thesis is by using library research. This library study the author collects data by reading, recording, studying and analyzing the contents of decisions related to the problem, including legislative literature, documents, archives and Supreme Court decision number 1734 K/Pid.Sus/2017, the Supreme Court of the Republic of Indonesia which decided that PT Tujuan Utama was a corporation that was found guilty in the crime of smuggling gold. The result of this study is that in the Supreme Court decision number 1734 K/Pid.Sus/2017 adheres to stricht liability, which is clearly not only individuals (company administrators) who can be held criminally liable, but the corporation / legal entity can also be subject to criminal liability. Of the seven models of criminal liability against corporations, only the vicarious liability and stricht liability models are explicitly adopted in the provisions of Law No. 17 of 2006 amending Law No. 10 of 1995 on Customs in handling criminal acts of smuggling goods by corporations. Meanwhile, other criminal liability models can be considered to be applied in handling criminal acts of smuggling by corporations in the future.
31
Kristina, Michelle. "Formulasi Pertanggungjawaban Pidana Korporasi Dengan Adanya Peraturan Mahkamah Agung No. 13 Tahun 2016." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 21, no. 02 (December 17, 2018): 1–11. http://dx.doi.org/10.24123/yustika.v21i02.1709.
Full textAbstract:
The development of the concept of corporation not only had a positive impact but also followed by the development of crimes that could be done using corporations or also called corporate crime. Many laws and regulations that have accommodated corporation as legal subjects that can be asked for corporate criminal responsibility have not been followed by regulations governing procedures or procedures for examining corporations as perpetrators of criminal acts. This is very necessary because of the differences in characteristics between corporate crime and other conventional crimes. Responding to legal requirements that have been very urgent and there are distinct challenges for law enforcers because of the different treatment, then the Supreme Court issues Supreme Court Rules No. 13 of 2016. The problem regarding the procedure for corporate sentencing involved in criminal offenses is not only talking about material law but also about formal law or its procedural law. One of the aims and objectives of its formation is to fill the vacuum of criminal procedural law which until now has not regulated the procedures for handling corporations that carry out criminal cases. Supreme Court Rules No. 13 of 2016 is a legal rule aimed at assisting law enforcement officials in handling criminal cases with corporate actors and/or their administrators. This then became one form of thinking that could be the basis for assisting in the formation of criminal procedural laws governing corporations.
32
Pakpahan, Hatarto. "Pertanggungjawaban pidana korporasi dalam cyber pornografi." Jurnal Cakrawala Hukum 12, no. 3 (December 1, 2021): 274–83. http://dx.doi.org/10.26905/idjch.v12i3.7092.
Full textAbstract:
Writing this article aims to identify and analyze the position of corporations as legal subjects in cyber pornography and forms of corporate criminal liability as active actors and corporations as passive actors in their position as online communication intermediaries as platform providers that can be accessed by the public. In this journal article, normative legal research is used. Corporations as legal subjects are recognized in the ITE Law Article 27 (1) in conjunction with article 52 paragraph 4, but the definition of the corporation itself is vague considering that the ITE Law is not explained especially in general criminal law (KUHP) which does not recognize corporations as legal subjects who can be held criminally responsible. In cyber pornography, corporate criminal liability in terms of corporations acting as active actors can be charged with Article 45 paragraph (1) in conjunction with Article 52 paragraph 4 of the ITE Law and also Article 40 paragraph (7) of Law 44. of 2008 concerning Pornography, but in the case of corporations act as passive actors, namely as intermediaries for online communication or as platform providers, cannot be held criminally responsible because there are no regulations that regulate it.How to cite item: Pakpahan, H. (2021). Pertanggungjawaban pidana korporasi dalam cyber pornografi. Jurnal Cakrawala Hukum, 12(3), 274-283. doi:https://doi.org/10.26905/idjch.v12i3.7092.
33
Alexander, Frederick. "Delaware Public Benefit Corporations: Widening the Fiduciary Aperture to Broaden the Corporate Mission." Journal of Applied Corporate Finance 28, no. 2 (June 2016): 66–74. http://dx.doi.org/10.1111/jacf.12177.
Full textAbstract:
As a past practitioner of corporate law in Delaware for 26 years who remains convinced that the for‐profit corporation remains the best vehicle for raising and allocating private capital, the author nevertheless also believes that the stockholder primacy model that currently animates corporate fiduciary principles is too narrow. In the excerpts from his new book that make up this article, the author describes the “benefit corporation,” which introduces a corporate governance model based on stakeholder principles. This model encompasses a more complete recognition of the complex interdependencies between all aspects of a global society, and of the responsibility of corporations to reflect those interdependencies in their decision‐making. Although initially a skeptic, the author now believes that benefit corporation law offers an important opportunity for companies to align the interests of their investors with those of their stakeholders in a potentially value‐increasing way that is discouraged by traditional corporate law.State legislatures began authorizing benefit corporations in 2010, and they are now available in 32 U.S. jurisdictions. Over 3,000 benefit corporations have been formed. What's more, they are raising capital from traditional funders, including venture capitalists, and at least one benefit corporation has already gone public. As the author says in closing, “the stakeholder governance model facilitated by benefit corporations provides a clear path to a future of shared value creation, and some investors and corporations have started down that path.”
34
Afrizal, M. "THE DEVELOPMENT OF CORPORATE REGULATION AS A SUBJECT OF CRIMINAL LAW IN INDONESIA." AKSELERASI: Jurnal Ilmiah Nasional 4, no. 3 (October 27, 2022): 90–99. http://dx.doi.org/10.54783/jin.v4i3.608.
Full textAbstract:
The development of science and technology brings social changes, one of which is in the economic field, which requires the development of economic actors, from individuals to corporations. This gives rise to crimes committed by individuals or corporations. Individuals who commit crimes will face criminal penalties, but the Criminal Code does not establish criminal penalties for corporations that commit crimes. The concept of the corporation as a subject of criminal law is unclear. For this reason, this article aims to determine the basis for corporations to be subject to criminal law and to discover the development of corporate regulations as legal subjects in Indonesia. The research method used in this research is doctrinal, namely, normative legal research methods using secondary data. As criminal law subjects can be equated to human beings, the results include companies. Because it has rights and obligations imposed by the law, and because corporate talents are equated with human skills. The Draft Criminal Code, which will eventually be applied to the entire criminal law system, identifies corporations as legal subjects of criminal conduct. Consequently, any legislation outside the Criminal Code is no longer required to precisely regulate, unless the legislation outside the Criminal Code decides otherwise or deviates.
35
Wibowo, Muhtar Hadi. "Corporate Responsibility in Money Laundering Crime (Perspective Criminal Law Policy in Crime of Corruption in Indonesia)." Journal of Indonesian Legal Studies 3, no. 02 (December 9, 2018): 213–36. http://dx.doi.org/10.15294/jils.v3i02.22740.
Full textAbstract:
Money laundering is a stand-alone crime, although money laundering is born from its original crime, such as corruption, but the anti-money laundering regime in almost all countries places money laundering as a crime independent of its original crime in the case of a money laundering probe. The purpose of this study is to describe and analyze criminal law policies in regulating corporate accountability for current money laundering, analyze the implementation in law enforcement against corporations engaging in money laundering, and establish a model of criminal law policy on corporate liability that commits a crime money laundering in the future. This research emphasized that criminal law policy in ordering corporate responsibility to money laundering crime has been regulated in Money Laundering Criminal Act. The Money Laundering Act in Indonesia has indeed accepted corporations as a subject of criminal law, there are several cases that indicate the involvement of corporations engaging in money laundering practices in Indonesia but at the stage of settlement within the justice system there is not a single corporation that has been charged and sanctioned criminal. In line with the development of specific laws, corporations are categorized as subjects of criminal law.
36
Liang, Xiaobei, Xiaojuan Hu, and Hu Meng. "Truly Sustainability or Hypocrisy: The Effects of Corporate Sustainable Orientation on Consumers’ Quality Perception and Trust Based on Evidence from China." Sustainability 12, no. 7 (March 31, 2020): 2735. http://dx.doi.org/10.3390/su12072735.
Full textAbstract:
Sustainable initiatives have been widely fulfilled by corporations, which can acquire better reputations by performing environmental, social, and economic responsibilities. However, if a corporation’s propaganda about sustainable orientation is contrary to the actual action, or even does not have a clear orientation, then it may also fall into the reputation of hypocrisy. In this study, from the perspective of consumer behavior and based on the moral responsibility theory of corporate sustainability, we identify six types of sustainable corporations by their orientations toward sustainability, including value, goals, and structure. We empirically examine their direct effects on consumers’ sustainable quality perception and trust, as well as the moderating effects of corporate social responsibility associations and consumer–corporation identity. Data are collected in China; 203 adults participated in the survey. The results reveal that the types of sustainable goals and structure have a significant effect on consumers’ sustainable quality perception and trust. Furthermore, consumers’ perception is also positively associated with their trust in a corporation. Moreover, the consumer–corporation identity negatively moderates the relationship between perception and trust. These findings also bring theoretical and practical insights for governments and corporations.
37
Retnowinarni, Rini. "PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI DI INDONESIA." Perspektif Hukum 19, no. 1 (May 1, 2019): 82. http://dx.doi.org/10.30649/phj.v19i1.192.
Full textAbstract:
<em>Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.</em>
38
Rehulina, Rehulina. "Prisma Application as A Measuring Instrument of Corporate Obligations to Respect Human Rights." Fiat Justisia: Jurnal Ilmu Hukum 16, no. 4 (November 16, 2022): 347–58. http://dx.doi.org/10.25041/fiatjustisia.v16no4.2575.
Full textAbstract:
The corporation’s obligation to human rights is not a moral but a legal obligation. Although in international law, the regulation regarding this corporate obligation is at the level of the Resolution (UN Framework Protect, Respect and Remedy on Business and Human Rights/General Assembly Resolution) and not a convention which is one of the sources of law known in international law. Because many countries follow this provision, it can be categorized as a source of customary international law, which is also a source of international law. However, this paper will not discuss the UN resolution on Human Rights and Business in the sources of international law, but rather how the state implements the resolution and respects or follows the corporation. In September 2014, Indonesia launched the draft National Action Plan (NAP) for Business and Human Rights. Until now, the NAP has not been legalized. However, the Indonesian government has made a policy to ensure that business actors (corporations) respect human rights in running their businesses. In 2021, through the Ministry of Law and Human Rights, the Indonesian government launched an application called PRISMA (Business Risk Assessment and Human Rights). This application aims to help corporations analyze the possibility of violating human rights when they carry out their business activities. This article aims to study and analyze whether the application of PRISMA from a due diligence principal point of view can be an effective tool to measure state duty to protect and corporate compliance with human rights.
39
Enneking, Liesbeth. "The Common Denominator of the Trafigura Case, Foreign Direct Liability Cases and the Rome II Regulation." European Review of Private Law 16, Issue 2 (April 1, 2008): 283–312. http://dx.doi.org/10.54648/erpl2008022.
Full textAbstract:
Abstract: As part of a current trend towards so–called ‘foreign direct liability cases’, attempts are being made to hold parent companies of multinational corporations liable in their home countries for damage caused in host countries. This trend, of which the Trafigura case serves as a recent example here, suggests that tort law may have a regulatory part to play when it comes to the transboundary activities of multinational corporations. However, the extent to which tort law can act as a regulatory mechanism is dependent on its applicability, which, in turn, is determined by private international law. The recently adopted Rome II Regulation, which lays down conflict–of–law rules for non–contractual obligations, will only have a limited conducive effect on the feasibility of the regulation through tort law of the transboundary activities of multinational corporations. On the basis of this Regulation, it is only in cases where the resulting damage consists of environmental damage that home country tort law may be applicable. In all other cases, attempts to hold the parent company of the multinational corporation liable for damage caused in the host country will have to be based on the tort law of the host country. This effectively diminishes the feasibility of home country tort law as a mechanism for the regulation of the transboundary activities of multinational corporations.
40
Vlas, P. "Corporations." Netherlands International Law Review 37, no. 01 (May 1990): 83. http://dx.doi.org/10.1017/s0165070x00002722.
Full text
41
Tamyiz, Qiaro, and Taun. "ANALISIS PERTANGUNGJAWABAN TINDAK PIDANA PENCUCIAN UANG YANG DILAKUKAN OLEH KORPORASI." Juris 7, no. 2 (December 10, 2023): 477–85. http://dx.doi.org/10.56301/juris.v7i2.934.
Full textAbstract:
The concept of criminal liability against corporations s a new concept criminal law. The difficulty of mposing responsibility on the corporation n committing the crime of laundering creates problems, namely when the corporation s deemed to have committed a crime of money laundering and how s the responsibility mposed. To find out this, the researcher used the juridical-normative method, with secondary data sources through a statutory approach, a legal analytical approach and a case approach and a qualitative data analysis method. The results of the study show that Law No. 8 of 2010 PPTPUU does not directly regulate when a corporation commits the crime of money laundering, so the author needs to nterpret and link the articles of money laundering with corporations as the subject of a crime. The actor acts as the directing mind by mposing on the corporation and / or corporate controlling personnel. There s no explanation for the mposition of corporate responsibility so that n order to transfer the burden of responsibility to the corporation and / or corporate control personnel, t s necessary to use the doctrine of vacarious liability theory with the theory of responsibility approach: Delegation (doctrine of delegation), dentification (doctrine of dentification) and Aggregation (doctrine of aggregation), so that corporations can be punished / held accountable.
42
Wahyono, Dwi. "THE CRIMINAL RESPONSIBILITY BY CORPORATE." International Journal of Law Reconstruction 5, no. 1 (May 21, 2021): 126. http://dx.doi.org/10.26532/ijlr.v5i1.15587.
Full textAbstract:
Corporation is the subject of a criminal act. In Indonesia, the statutory regulations that initiated the placement of corporations as subjects of criminal acts and which can be directly accounted for are Act No. 7 the Emergency of 1955 concerning Investigation, Prosecution and Economic Criminal Justice, as subjects of criminal law corporations do not have an inner attitude. Meanwhile, to be criminally accountable, a men's rea/schuld is required. Crimes committed by corporations are very detrimental to society and the state. Meanwhile, the conventional accountability system which is individual, direct, and based on schuld, is difficult to apply to corporations. The purpose of writing is to analyze the corporate liability system to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach (legal approach) and the case approach (case approach), the analysis method uses qualitative analysis with interpretation, and the data collection method uses library research. It can be concluded that corporations can be held accountable by using a system of absolute and substitute liability, and the obstacle is the application of a conventional criminal liability system and the difficulty of proving corporate wrongdoing. It is suggested that there is a common perception between law enforcers about the criminality of corporations.
43
Aryani, Fajar Dian. "Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi." Kosmik Hukum 21, no. 3 (September 25, 2021): 213. http://dx.doi.org/10.30595/kosmikhukum.v21i3.12048.
Full textAbstract:
Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability
44
Aryani, Fajar Dian. "Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi." Kosmik Hukum 21, no. 3 (September 25, 2021): 213. http://dx.doi.org/10.30595/kosmikhukum.v21i3.12048.
Full textAbstract:
Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability
45
Cragg, Wesley. "Business Ethics and Stakeholder Theory." Business Ethics Quarterly 12, no. 2 (April 2002): 113–42. http://dx.doi.org/10.2307/3857807.
Full textAbstract:
Abstract:Stakeholder theorists have typically offered both a business case and an ethics case for business ethics. I evaluate arguments for both approaches and find them wanting. I then shift the focus from ethics to law and ask: “Why should corporations obey the law?” Contrary to what shareholder theories typically imply, neoclassical or profit maximization theories of the firm can offer answers based only on instrumental justifications. Instrumental justifications for obeying the law, however, are pragmatically and normatively incoherent. This is because the modern corporation is a legal artifact. It exists because communities create the legal framework necessary for its existence. Individual corporations can therefore be said to owe their existence to a partnership (what might be called a social contract) between shareholders and governments, a partnership that is itself built on the shared though often implicit understanding that corporations have an unconditional (categorical) obligation both to obey the law and to treat their stakeholders ethically while generating wealth for their shareholders.
46
Hudi, Nurul, Muhadar Muhadar, and Otto Yudianto. "The Concept of Corporate Criminal Liability in the Fisheries Sector After the Job Creation Law Application." Jurnal Dinamika Hukum 23, no. 3 (September 7, 2023): 467. http://dx.doi.org/10.20884/1.jdh.2023.23.3.3557.
Full textAbstract:
Various kinds of criminal acts in the field of fisheries have emerged, consisting of individuals and or corporations. The existence of a corporation is an obstacle in determining criminal responsibility. The purpose of this research is to analyze the concept of corporate criminal liability in the fisheries sector. The research method used is normative juridical with statutory and conceptual approaches. The results of the study found differences in the concept of corporate criminal responsibility after the Application of the Job Creation Law where previously criminal acts of fishing could be carried out by corporations, and criminal responsibility was carried out by administrators. After the enactment of the Job Creation Law, the concept of corporate criminal responsibility for fisheries follows the development of the third stage of corporate criminal responsibility, in which the corporation commits a crime against the responsible corporation.
47
Kochowska, Ewelina. "Podmiotowość prawnomiędzynarodowa korporacji międzynarodowych wyzwaniem dla systemu ochrony inwestycji zagranicznych." Studia Prawa Publicznego, no. 3(15) (December 4, 2019): 99–129. http://dx.doi.org/10.14746/spp.2016.3.15.4.
Full textAbstract:
This paper analyzes two issues: the current state of international investment law as to the question of the subjectivity of transnational corporations and whether this question contributes to changes in the system of protection of foreign investments. Transnational corporations have already some relevant attributes of the subjects of international law, although all we can say is that their international legal personality is incomplete, functional, relative and not independent. International legal personality of transnational corporations cannot be presumed and if it is for the purpose of assigning liability for infringements of the rules of jus cogens, this will not prejudge the subjectivity in the fi eld of the use of international investment law. If international legal subjectivity of a transnational corporation has been decided upon, the future of the already existing norms of international law regarding the protection of investments (including diplomatic protection, BIT provisions and multilateral international agreements) is not clear. In this system, the rights and obligations of states and transnational corporations are not balanced as this area of international law favours investors (and thus also transnational corporations). States and local communities are neither entitled to claim damages from the investor when such damages are caused by an investment or if they arise from violations of the vital interests of the local community, nor may they bring counterclaims against the complaint to arbitration tribunals. Common goals for the whole international community, for which the concept of international legal personality of transnational corporations could be developed, have not as yet been precisely articulated. Unlike it is the case of liability for the international law of jus cogens, there are no strong axiological reasons to develop this concept in international investment law.
48
Baer, Miriam. "Too Vast to Succeed." Michigan Law Review, no. 114.6 (2016): 1109. http://dx.doi.org/10.36644/mlr.114.6.vast.
Full textAbstract:
If sunlight is, in Justice Brandeis’s words, “the best of disinfectants,” then Brandon Garrett’s latest book, Too Big to Jail: How Prosecutors Compromise with Corporations might best be conceptualized as a heroic attempt to apply judicious amounts of Lysol to the murky world of federal corporate prosecutions. “How Prosecutors Compromise with Corporations” is the book’s neutral- sounding secondary title, but even casual readers will quickly realize that Garrett means that prosecutors compromise too much with corporations, in part because they fear the collateral consequences of a corporation’s criminal indictment. Through an innovation known as the Deferred Prosecution Agreement, or DPA, prosecutors reach extrajudicial contractual agreements with corporations. Although prosecutors have long touted the transformative potential of these agreements, Garrett concludes that their benefits are often superficial and short-lived. Moreover, prosecutors negotiate these compromises with little oversight or accountability. Even worse, this overly soft approach toward entities has infected prosecutorial resolve to prosecute individual offenders, thereby enabling corporate managers to escape liability for their criminal wrongdoing. No wonder, then, that Garrett perceives a grievous accountability gap in the corporate crime landscape.
49
Lingenfelter, Gabriele, and Ronnie Cohen. "To B or not to B: Etsy’s decision whether to re-incorporate as a public benefit corporation and maintain its B Lab certification." CASE Journal 15, no. 6 (March 30, 2019): 510–27. http://dx.doi.org/10.1108/tcj-06-2018-0069.
Full textAbstract:
Theoretical basis As the regulatory system begins to recognize the role of social responsibility reporting, reliable disclosure measures will be required. Issues of transparency, reliability and assurance are likely to arise as securities regulators consider whether and how to require disclosure of non-financial information. Various reporting models are presented in the case to illustrate different ways that these issues can be addressed by privately held and publicly traded corporations. Research methodology The case uses the company, Etsy, Inc., which has established itself as a publicly traded, socially responsible corporation. Etsy must decide whether it will re-incorporate as a benefit corporation in order to maintain its B Lab certification. This decision introduces students to the various measures of corporate social responsibility, the interests of the stakeholders of a corporation and the regulatory environment in which socially responsible, publicly traded corporations operate. The case uses only publicly available information. Case overview/synopsis This teaching case addresses the decision faced by Etsy, Inc. when it became a publicly traded corporation. In order to maintain its certification as a socially responsible corporation by B Lab, it would have to re-incorporate as a Delaware Benefit Corporation. In making this decision, the company had to consider various measures used for corporate social responsibility reporting and transparency and how these might affect Etsy’s stakeholders. Complexity academic level Undergraduate or masters level case that could be used in a business law, commercial law, legal environment or auditing course.
50
Gordon, Gwendolyn J. "Legal and Cultural Construction of the Maori Corporate Person." Law & Social Inquiry 48, no. 1 (February 2023): 50–63. http://dx.doi.org/10.1017/lsi.2022.45.
Full textAbstract:
Our understandings of what corporations are—narratives of why they exist, who they serve, and their basic ontological status—matter for the way in which legal and ethical responsibilities become imputed to them. Interactions between the law of corporations and ordinary peoples’ thinking about themselves (as agents, as owners, and as responsible, or not, for an organization’s adherence to social mores) contribute to the way in which they imagine the corporation to be. Beyond the question of personhood, then, is the question of how the jurisprudence of the corporation is (en)cultured. To tease apart the multiple layers of this inquiry—to make the anthropologist’s move of rendering the familiar strange—it is useful to shift our attention to less typically encountered uses of the corporate form; here, a look at Indigenously owned corporations provides that new perspective. This slant view makes apparent new intersections between understandings of the reasons for corporate existence and the rights that the corporation might properly claim, suggesting the crucial role that these intersections might play in theorizing the corporation.