企业犯罪检讨与Covid-19大流行援助基金的腐败有关

Michelle Kristina
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引用次数: 0

摘要

现在人类生活的发展离不开经济、政治、技术等各个方面,包括2019年底出现的冠状病毒疫情(Covid-19或SARS-CoV-2)的影响。为应对新冠肺炎疫情,印尼政府出台了多项政策,以预防和应对新冠肺炎疫情的蔓延。其中一项政策是限制社区活动。这些限制对满足受影响社区的经济需要有影响。为了应对这个社区经济形势的紧迫性,政府实施了一项社会援助计划,以减轻这个社区的经济负担。但是,该项目的采购被利用为社会事务部和中标企业的腐败机会。本研究采用定性方法与规范的法律方法和文献。该方法是通过在案例方法的基础上进行司法分析来实施的。研究结果表明,企业参与企业责任是不可分割的。然而,针对该公司的刑事责任程序被认为没有反映印度尼西亚目前正在经历的情况的正义。这起犯罪不是在正常情况下发生的,而是在印度尼西亚努力克服Covid-19大流行这一紧急情况的情况下发生的。利用大流行病实施的企业犯罪被认为有必要优先采取特别行动或重视企业犯罪行为。作为大流行期间打击企业犯罪的执法程序,加重刑事制裁是正确的一步。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19
The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.
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