企业犯罪作为犯罪力量的经济正当性

SASI Pub Date : 2022-12-30 DOI:10.47268/sasi.v28i4.890
A. Budianto
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引用次数: 0

摘要

引言:一个拥有公司强大资本支持的公司,其核心业务是寻求尽可能多的利润,即使这些活动在经济或财务上是正确的,也很容易进行违法活动。研究目的:目的是找到一个楔子,将违反法律的经济活动的地点解释为违反法律,因为经济或金融犯罪与法律推理密切相关。研究方法:研究类型为规范司法,使用法律文件进行分析,包括初级法律材料、次级法律材料和三级法律材料。研究结果:分析表明,PT Jiwasraya开展的业务扩张活动是有经济或金融理由的商业活动。然而,由于其中一项活动涉及国家财政,它满足了腐败犯罪行为的一个要素。在商业中正当的活动仍然受到法律的关注,因为犯罪的性质是公司犯罪,即仅为公司利益而实施的公司犯罪。公司犯罪将具有压制社会的力量,因此社区文化将在某种程度上发生变化,并将间接威胁印度尼西亚的法治概念。
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The Corporate Crime as The Power of Crime in The Economic Justification
Introduction: A corporation with strong capital support from its company, with its core business seeking as much profit as possible, is very vulnerable to carrying out activities that violate the law even though economically or financially these activities are correct.Purposes of the Research: The purpose is to find a wedge, where the location of economic activities that violate the law is interpreted as violating the law, because economic or financial crimes are closely related to legal reasoning.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: The analysis show that the business expansion activities carried out by PT Jiwasraya are business activities that are justified by the economy or finance. However, because one of these activities involves state finances, it fulfills one of the elements of a criminal act of corruption. Activities that are justified in business are still getting attention by law because the nature of the crime is corporate crime, namely corporate crime which is carried out solely for the benefit of the corporation. Corporate crime will have the power to suppress society, so that the culture of the community will in some ways change and will indirectly threaten the concept of the rule of law in Indonesia.
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发文量
44
审稿时长
3 weeks
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