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Tjandra Srldjaja Pradjonggo
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PENYALAHGUNAAN KEUANGAN BADAN USAHA MILIK NEGARA: ANTARA PELANGGARAN HUKUM PERUSAHAAN DAN UU ANTIKORUPSI

YUSTISIA Vol 74 (2008)
Publisher : YUSTISIA

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Abstract

Statesproperty is placed as capital inBUMNinrelation toitsstatus,as state finance ornotcause a difference in view. Guidance of Supreme Court aboutit has turned up a controversy, especially in the relation to: itis able ordisable toapllytheAnticorruption Actiftheirregularity ofBUMNfinance is happen. According to the case, the problem is proposed in this study covering of two case: (1) Is the usingof finance managedby BUMN bentdown to the rule about states finance or itis bentdown to the rule of businesspurely? Istheirregularity offinance managedbyBUMNcanbe categorized as criminal action of corruption?Bytheapproach oflegislation  actandconceptualcanbeexplained thatmanagementofstatesproperty is placed as capital in BUMN is bent down to the rule ofbusiness. Concerning toirregularity the finance ofBUMN sistimatlcally, contradiction is turn upbetween UU PTandUU BUMN at one side and Anticorruption act at other side.

ALTERNATIF SANKSI PIDANA DALAM KEJAHATAN KORPORASI

YUSTISIA Vol 80 (2010)
Publisher : YUSTISIA

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Abstract

The main aim of thisresearch is toanalized recentissue ofcorporate wrongdoing andcriminal liability following from such wrongdoing. Criminal liability forcorporation has been asubject ofcriminal law debates concerning its activities that well-known ascorporate crime. Based on the topic, this research discuss twoissues: (1) orientation for criminal sanction on corporate crime, and (2) ideal sanctions for corporate liabil ity. This research performed with legal research method. Data analysis usedeductive method (legalsyllo gism) and hermeneutic. The result ofthis study explain that criminal sanction for corporation in Indonesia still unclearly orientation. The legislation based on conventional sanctions. Ideally, sanction for corporate liability is regulatory, it means antideterrence. At least combining between deterrence and anti deterrence approach (combining penal- nonpenalpolicy).