Reconstruction of the Company's Liability Law to Minimize the Occurrence of Election Crimes

Sukarno, Juajir Sumardi, Muhadar, Anwar Borahima

Abstract

This study aims to create a legal construction of corporate responsibility that can minimize the occurrence of election crimes committed by companies. The method used is normative legal research intended to be able to examine norms related to the issue of corporate accountability in election crimes. The results of this study are that the maximum limit on donations from political parties and candidates participating in the election must be clearly regulated so as not to provide an opportunity for companies or individuals to deposit their money so as not to violate the provisions of the existing law, companies that provide donations must also be given a minimum limit of having carried out activities and arrangements. The cost of each component, such as advertising costs, props, and campaign costs, must be given a maximum limit and update Law Number 7 of 2017 concerning General Elections providing a maximum limit for donations from political parties and candidates participating in the election. Additionally, the condition that companies making donations have been established and operated for a minimum of one year, attaching the results of the general meeting of shareholders regarding the donation of campaign funds and adding a maximum limitation on the use of campaign funds for the manufacture of advertisements, props, and campaign costs.  

 

Keywords: accountability, company, general election.

 

https://doi.org/10.55463/issn.1674-2974.49.10.8


Full Text:

PDF


References


SUGIAYANTO B. Juridical Analysis of Application and Forms of Election Crimes. Al’adl, 2017, 9(3): 24.

WANGGA M.S. Criminal Accountability of Political Parties as Legal Materials in Corruption Crimes. Integrity, 2018, 4(2): 255-278.

AMIN I. Corporate Responsibility in Environmental Crimes. Journal of Law and Justice Studies, 2018, 6(2): 259.

DWITA S.E., PANGERANG M., PATITTINGI F., and NUR A. Ideal Concept of Traditional Justice in Solving Criminal Case. Academic Journal of Interdisciplinary Studies, 2022, 11(1): 293-302.

DANIRI M.A. Good Corporate Governance. Ray Indonesia, Jakarta, 2006.

HERMANTO R. Problems reporting campaign funds in the 2019 legislative elections. Journal of Indonesian Election Governance, 2020, 1(2): 105-127.

FAISAL F., BARID B., and MULYANTO D. Funding of Political Parties in Indonesia: Finding Ideal Funding Patterns to Prevent Corruption. Integrity, 2018, 4(1): 265-287.

SUKMAJATI M. and DISYACITTA F. Funding for the 2019 Simultaneous Election Campaign in Indonesia: Strengthening Patronage Democracy? Integrity Anti-Corruption Journal, 2019, 5(1): 75-95.

FALGUERA E., JOHNS S., and OHMAN M. (eds.). Funding of Political Parties and Election Campaigns: A Handbook on Political Finance. International Institute for Democracy and Electoral Assistance, Stockholm, 2014.

PRASETYO W. Optimizing the Operation of Disclosure of Campaign Funds as a Strategy for Prevention of Money Politics. Integrity Anti-Corruption Journal, 2019, 5(1): 15-27.

WULANDARI

S. The Effectiveness of the Convict Development System in Correctional Institutions against the Purpose of Detention. Scientific Journal of Law and Community Dynamics, 2017, 9(2): 131-142.

PUTRA H. Encouraging Transparency and Accountability of Campaign Funds in the 2018 Simultaneous Regional Elections. UMA Journal of Governance and Social Politics, 2018, 6(2): 112.

HARIWIBOWO I.N., and SANTANA P.A. Analysis of the Accountability Practices of Campaign Funds: Giddens’s Structuration Theory Approach. InFestasi, 2020, 16(2): 101-112.

KOMARIAH M. Witness and Victim Legal Protection by the Witness and Victim Protection Agency. Galuh Justice, 2021, 13: 2013-2015.

SUMARDI J. Hukum Transnational Companies and Franchises. Jakarta: Arus Timur, 2012.

SJAHDEINI S.R. The Doctrine of Criminal Justice: Corporate Crime and Its Intricacies. Kencana, Jakarta, 2017.

SETIYONO H. Corporate Crime Analysis Victimology and Accountability Corporations in Indonesian Criminal Law. Banyumedia Publishing, Ketiga, Malang, 2005.

SIMANJUNTAK J., SYUKRI AKUB M., MUHADAR, and SOFYAN A. The Return of State Financial Losses: Analysis of Money-Laundering Crime. International Journal of Scientific & Technology Research, 2017, 6(12).

AROFA E., YUNUS A., SOFYAN A., and BORAHIMA A. Corporate Criminal Liability for Corruption Offences in Indonesian Criminal Justice System. International Journal of Advanced Research, 2015, 3(8): 246-250.


Refbacks

  • There are currently no refbacks.