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.
The crime of fake news (hoax) is qualified as a material crime, namely a crime that must result in losses in the form of losses to consumers. Consumers are defined as users of manufactured goods (clothing, food, etc.), recipients of advertising messages, and service users (customers and so on). So that Article 28 paragraph (1) jo. Article 45A paragraph (1) of the ITE Law does not cover the general public. The definition of a consumer must be based on Law Number 8 Year 1999 concerning Consumer Protection. In addition, Article 28 paragraph (1) of the ITE Law is not a criminal offense against the act of spreading false news (hoax) in general, but the act of spreading false news in the context of electronic transactions such as online trading transactions. So, it can be concluded that the hoaxes regulated in Article 28 paragraph (1) jo. Article 45A paragraph (1) of the ITE Law is a material offense and its validity is limited to electronic transactions between consumers and producers, such as the sale of certain goods and/or services. So that the article cannot be applied to the general public.
This study aims to analyze the effectiveness of Law Number 12 Year 1951 in preventing the misuse of firearms in Makassar from the perspective of legal sociology. This research is sociological legal research. Sources of data in this study are direct interviews with respondents as the primary data source and literature study as a secondary data source. The collected data was then analyzed qualitatively. This study shows that (1) The effectiveness of Law Number 12 Year 1951 in preventing the misuse of firearms in Makassar City from the perspective of legal sociology is still less effective because seen from the licensing and control procedures for firearms, it is very strict but in the application of sanctions that do not the maximum and even in many cases the application of sanctions is less than half of the maximum threat as regulated in the Law Number 12 Year 1951; and (2) Obstacles faced in implementing the Law Number 12 Year 1951 concerning firearms in Makassar are due to law factors, law enforcement officials, facilities and infrastructure factors, cultural factors, and community factors. Among these five factors, cultural factors are quite influential in the effectiveness of law enforcement against the misuse of firearms in Makassar, it can be seen that cultural factors can actually encourage others to commit crimes.
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