THE PROGRESSIVE LEGAL THEORY IN THE IMPLEMENTATION OF LAW ENFORCEMENT BY THE LAW ENFORCER (POLICE, PROSECUTOR, JUDGE)

Teguh Santoso, Gunarto ., Anis Masdurohatun, Sri Endah Wahyuningsih

Abstract


Criminal Law Policy in tackling crime-based brain ware which hereinafter called White Color

Crime uses a progressive juridical approach equipped with examples and case studies, it is

intended to 1. Know and analyze the policy formulation of White Color Crime and applicable

sanctions imposed now 2. Contribute material thought to the Legislators in formulating the

law, especially in the crime crime issue of White Color and the application of sanctions in the

future. The results of this study will show that: 1. The Formulation of Crime White Crime and

its applicable sanctions. - Criminal action in the field of Limited Liability Company by

Corporation is regulated and formulated in Act No. PT. 1 Th 1995 as amended to Law no. 40

Th. 2007 and Law no. 8 Th1995 concerning the Capital Market and Law no. 25 Year 2007

regarding Investment. However, the definition of White Color Crime is not formulated in a

limitative way, it is to open the discourse and opinions of legal practitioners to interpret White

Color Crime in an Open and Progressive manner. - The legal subject of White Color Crime

under Article 50 of the Law. No.41 of 1995 is a person in the sense of both personal, legal

entity and business entity, arranged in the same few articles are not distinguished either the

article of personal or corporations so that corporations are subject to the same personal

sanctions threat. Capital Market which has full authority in the field of corporate supervision

to prevent the increasing intensity of crime White Color Crime. Not yet accommodated in the

Capital Market law in detail and specifick therefore, it becomes a legal loophole that can be

exploited by the perpetrator because it is not strictly regulated in the law so that it escapes

from lawsuits and legal pitfalls. - Criminal threats imposed are cumulative criminal sanctions,

principal penalties, imprisonment and penalties of fines, additional penalties for committing

constructive crimes and sanctions for banning life-long businesses and entering the DOT

category. - Criminal penalty for corporation not yet equipped with special rule. The

application policy for the formulation of White Color Crime and the imposition of sanctions is

felt not to fulfill the aspect of certainty and justice. This occurs in various cases of White

Color Crime that occurred in the jurisdiction of the DKI Jakarta District Court (North, East,

West, South and Central). 2. The upcoming Crime Whute Color crime formulation policy is

expected to publish publicly the subject of the criminal law of the White Color Crime (person

and legal entity or corporate body or corporation formulated in comprehensive articles); 3.

Criminal and Indemnification Sanctions shall be formulated in an open and cumulative

manner, the object is clear and harsh sanctions either to be taken over by the Government or

deprived of State for Subsequently submitted to the Capital Market.


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