Illegal Acts in Business Versus Criminal Acts : A Comparative Study
DOI:
https://doi.org/10.58818/ijlrsa.v3i1.193Keywords:
Illegal Acts, BusinessAbstract
This study aims to explain the differences between illegal acts (PMH) in civil law and criminal law, along with the elements that distinguish the two. It discusses examples of illegal acts in the context of business and criminal law, as well as the legal implications of these actions. The research method used is normative juridical research, which focuses on the analysis and interpretation of applicable laws. Data collection techniques include documentary studies, analyzing and interpreting primary, secondary, and tertiary legal materials, as well as literature review, examining books, articles, and journals related to the research topic. Data analysis involves analyzing and interpreting the relevant laws regarding illegal acts in both business and criminal law and comparing these illegal acts within the context of Indonesian law. The findings indicate that illegal acts in business and criminal law have several fundamental differences. In civil law, illegal acts are defined under Article 1365 of the Civil Code, where the harmed party has the right to claim compensation. The primary difference between illegal acts in civil law and criminal law lies in the nature and objectives of the acts. In civil law, illegal acts focus more on compensation and restitution for the harmed party, while in criminal law, the focus is on punishment and preventing unlawful actions. Examples of illegal acts in business may involve violations of intellectual property rights or other regulatory breaches, whereas in criminal law, illegal acts include crimes such as theft, fraud, or other violations of criminal law
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References
Anggraeni, Rr. Dewi. (2021). Business Contract Law. Tangerang: Unpam Press.
Alfaris, Maulana Reyza. (2022). Validity of Using Nominee Agreements in Share Ownership in Indonesia. Journal of Economic and Business Law Review, Vol. 2, No. (1).
Afdal Yanuar, Muh. (2021). Legal Review of Nominee Agreements in Foreign Direct Investment with Joint Venture Companies. Majalah Hukum Nasional, Vol. 51, No. (1).
Benuf, K., & Azhar, M. (2020). Legal Research Methodology as a Tool to Resolve Contemporary Legal Issues. Gema Keadilan, Vol. 7, No. (1).
Bachtiar. (2021). Designing Legal Research. Yogyakarta: Deepublish.
Budi Untung. (2012). Business Law and Ethics. Yogyakarta: Andi Offset.
Djulaeka & Rahayu, Devi. (2020). Textbook on Legal Research Methods. Surabaya: Scopindo Media Pustaka.
Daniel & Ariawan. (2021). A Juridical Review of Foreign Investment Using Nominee Shareholder Methods in Restricted Business Sectors. Jurnal Hukum Adigama, Vol. 4, No. (2).
Emirzon, Joni & Sadi Is, Muhamad. (2021). Contract Law: Theory and Practice. Jakarta: Kencana.
Fakhri, Muhammad Daffa. (2022). Legality of Nominee Agreements in Relation to Share Ownership in Limited Liability Companies. Jurnal Ilmu Sosial dan Pendidikan, Vol. 6, No. (4).
Hadi, Nor. (2015). Capital Markets. Yogyakarta: Graha Ilmu.
Harjono. (2018). Constitution as the Nation's Foundation. Jakarta: Konstitusi Press.
HS, Salim. (2021). Theory and Techniques of Contract Drafting. Jakarta: Sinar Grafika.
Hendy Martin Butar-butar, Budiman, Tulus Siambotan. (2018). Legal Protection for Minority Shareholders in Public Companies. Jurnal Hukum, Vol. 7, No. (2).
Halipah, Gisni, et al. (2023). Juridical Review of the Concept of Unlawful Acts in the Context of Civil Law. Jurnal Serambi Hukum, Vol. 16, No. (1).
Idayanti, Soesi. (2020). Business Law. Yogyakarta: Tanah Air Beta.
Koto, Ismail. (2021). The Role of State-Owned Enterprises in National Economic Management to Achieve Public Welfare. Jurnal Sintesa, Vol. 1, No. (1).
Marpi, Yapiter. (2020). Introduction to Law. Tasikmalaya: PT. Zona Media Mandiri.
Marzuki, P. M. (2017). Legal Research. Jakarta: Kencana Prenada Media Group.
Monalita de Fretes, Anna. (2020). Business Entities in Indonesia’s Economy. Ambon: Directorate of SMA, Directorate General of PAUD, DIKDAS, and DIKMEN.
Muhaimin. (2020). Legal Research Methods. Mataram: Mataram University Press.
Mulhadi. (2017). Corporate Law: Forms of Business Entities in Indonesia. Jakarta: Rajawali Press.
Nor Cahya Ilmiah, Ane & Sumriyah. (2024). Legal Protection for Shareholders in Cases of Rejected Lawsuits by Corporations in the District Court. Jurnal Ilmu Hukum dan Sosial, Vol. 2, No. (1).
Nor Cahya Ilmiah, Ane & Sumriyah. (2024). Legal Protection for Shareholders in Cases of Rejected Lawsuits by Corporations in the District Court. Jurnal Ilmu Hukum dan Sosial, Vol. 2, No. (1).
Puspita Permata Sari. (2018). Legal Protection for Investors Against Incorrect Prospectus Contents in Initial Public Offering (IPO). Thesis.
Pratama, Alfred. (2020). Protection of Investors in Company Bankruptcy. Thesis, Airlangga University.
Ruth Febianti, Agnes. (2020). Legal Consequences of Nominee Shareholder Practices in Share Sale Agreements Between Dunestone Developments, S.A. and PT. Cakra Mineral Tbk. Thesis, Hasanuddin University.
Santoso Az, Lukman. (2019). Legal Aspects of Agreements. Yogyakarta: Penebar Media Pustaka.
Soeroso. (2011). Introduction to Legal Studies. Jakarta: Sinar Grafika.
Subagiyo, Dwi Tatak, et al. (2017). Corporate Law. Surabaya: PT Revka Petra Media.
Suteja, Jaja & Gunardi, Ardi. (2016). Investment and Portfolio Management. Bandung: PT Refika Aditama.
Syakur, Syahrijal. (2020). The Urgency of Regulating Nominee Agreements to Prevent Money Laundering. Jakarta: PPATK.
Sari, Indah. (2020). Unlawful Acts (PMH) in Criminal and Civil Law. Jurnal Ilmiah Hukum Dirgantara, Vol. 11, No. (1).
Sari, Maya, et al. (2017). Analysis of Legal Protection for Minority Shareholders in Acquisitions Based on Article 126 of Law No. 40 of 2007. JIPPK, Vol. 2, No. (2).
Sridana, Kadek, et al. (2020). Legal Protection for Minority Shareholders in Limited Liability Companies Engaged in Mergers. Jurnal Analogi Hukum, Vol. 2, No. (1).
Yanova, Muhammad Hendri, et al. (2023). Legal Research Methods: Analysis of Legal Problems Using Normative and Empirical Research Methods. Badami Law Journal, Vol. 8, No. (2).
Yanuar, Muh. Afdal. (2021). Legal Review of Nominee Agreements in Share Ownership in Foreign Direct Investment with Joint Venture Companies. Majalah Hukum Nasional, Vol. 51, No. (1).
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