公司犯罪制裁在色情犯罪中的应用(色情电影产业和贸易研究)

Yeti Kurniati, Edy Santoso, Eko Susanto Tejo, Verawati Gunawan, Antonius Wantri Yulianto, Shinta Intan Sari
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引用次数: 0

摘要

信息和通信技术的发展促进了色情制品的制作和传播,对印度尼西亚人民的道德和高尚人格产生了负面影响。在全球化时代,公司的存在对国家和公民的利益有很大的影响。公司的存在往往伴随着违法行为,包括违反刑法,色情电影产业和贸易就是其中之一。作者研究了被归类为公司犯罪的色情犯罪行为的标准,以及如何对作为公司犯罪的色情犯罪行为实施制裁。本研究采用规范-实证法学方法和分析描述性研究规范。根据研究结果,可以得出这样的结论:被列为公司犯罪的色情犯罪行为的标准是非暴力的、具有腐蚀作用的,并且对整个社会具有非常有害的影响。色情电影的产业和贸易是一种犯罪的公司/组织形式,从来没有法院判决将对公司犯罪行为的制裁适用于色情犯罪行为的案件。为解决这一问题,可以采取的措施有:统一公司的定义,为公司作为刑法主体制定明确的标准,有必要在学术界和执法官员中开展焦点小组讨论(FGD),并对被归类为公司犯罪的色情犯罪行为人实施制裁。
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Application of Corporate Crime Sanctions in Pornography Crimes (Study of the Porn Film Industry and Trade)
The development of information and communication technology has contributed to the increase in the creation and dissemination of pornography which has had a negative influence on the morals and noble personality of the Indonesian people. In relation to the era of globalization, the existence of a corporation has a big contribution to the interests of the country and its citizens. The existence of corporations is often accompanied by violations, including violations of criminal law, one of which is the case of the pornographic film industry and trade. The authors examine the criteria for criminal acts of pornography which are classified as corporate crimes and how sanctions are applied for criminal acts of pornography as a corporate crime. This research uses normative-empirical juridical methods and analytical descriptive research specifications. Based on the research results, it can be concluded that the criteria for criminal acts of pornography which are classified as corporate crimes are non-violent, corrosive effect, and have a very detrimental impact on society at large. The industry and trade in pornographic films is a form of criminal corporation/organization, and there has never been a court decision regarding sanctions for corporate criminal acts applied to cases of criminal acts of pornography. Efforts that can be made to overcome this problem are to harmonize the definition of a corporation, create clear criteria for corporations as subjects of criminal law, need to hold Focus Group Discussions (FGD) among academics and law enforcement officials, and apply sanctions against perpetrators of criminal acts of pornography which are classified as corporate crimes.
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