Principal (commercial law)

About: Principal (commercial law) is a research topic. Over the lifetime, 1579 publications have been published within this topic receiving 35379 citations. The topic is also known as: Principal (commercial law).

Criminal Liability in Environmental Crimes Committed by Corporations after the Supreme Court Regulation Number 13 of 2016 at Indonesia

Abstract: Corporations are organized groups of people and / or properties, both in the form of legal entities or non-legal entities. In relation to the corporation as a legal subject in environmental crime, it is formulated in Article 1 number 32 of the Law Number 31 Year 2009 about Environmental Protection and Management, each person is an individual or business entity, both legal entities and non-legal entities. The context of corporate crime in the environment is still not solid enough to ensure corporations in criminal sanctions because there is no legal basis regarding the procedures for handling environmental crimes committed by corporations. The Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Corporate Crime provides a basis for enforcement of criminal law, then the purpose of writing this article is to find out the form of criminal liability for corporations for environmental crimes and legal consequences after the Supreme Court Regulation Number 13 of 2013.The type of research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. The theory used by the author in analyzing is using the theory of criminal liability which is based on the principle of legality. The conclusions include: criminal sanctions that can be applied to corporations based on Article 4 of Supreme Court Regulation Number 13 of 2016 are in the form of criminal fines, additional crimes, and disciplinary actions except prisons and confinement. Last, the legal consequences of the application Article 25 Supreme Court Regulation Number 13 of 2016 with the principal criminal is a criminal fine and then the criminal added according to the law governing environmental criminal acts is the Law Number 32 Year 2009 concerning Environmental Protection and Management.

Pertanggungjawaban Pidana Korporasi terhadap Tindak Pidana yang Dilakukan oleh Karyawan Marketing

Abstract: This study aims to resolve legal problems that occur related to promotions that mislead consumers and commit fraud against money received from consumers. However, in the criminal justice process only sales are held to be held personally accountable, not corporations who are held accountable. This study examines the legal position of corporations in the criminal justice system in Indonesia, then how to determine corporate errors and criminal liability of corporations in criminal acts of consumer protection. In order to answer this problem, reviewing Court decisions using Law Number 8 of 1999 concerning Consumer Protection is accompanied by theories of corporate criminal liability. Corporations have been recognized as the subject of criminal law in the criminal justice system in Indonesia and if corporate members who commit crimes have a working relationship with the corporation, the crimes committed by corporate members are still within the scope of their work, as well as providing benefits to the corporation. Corporations can be held liable if the authority given to its members is misused. Corporations can be asked for criminal responsibility if the work culture or corporate work system is considered too loose so that it is used by its members to commit crimes. The form of corporate criminal liability is in the form of principal penalties in the form of fines and additional crimes in the form of compensation to consumers. DOI: https://doi.org/10.26905/idjch.v9i1.2192

Limited-Liability Contracts with Earnings Management

Abstract: Numerous principal-agent situations of interest to accounting involve limited liability by the agent. We explore this issue when the outcome is mutually observable (MOC) and when it is not and the contract is based instead on the agent's report (NCC). We find that when outcome is not observable, the effect of limited liability depends on the level of limited liability: when low ? no effect; when medium ? the principal fine-tunes payments based on a post-outcome imperfect public signal to compensate for the loss in flexibility caused by the agent's limited liability; when high ? the agent's expected utility exceeds his reservation utility level and the public signal's use is limited. Next, we invoke the revelation principle and examine an incentive-compatible contract (RPC). Interestingly, RPC coincides with MOC when the limited liability is low and resembles NCC when limited liability is either medium or high. In addition, the impact of limited liability on the demand for earnings management is examined.

The Economics of Organized Crime and Optimal Law Enforcement

Abstract: This paper extends the optimal law enforcement literature to organized crime. We model the criminal organization as a vertical structure where the principal extracts some rents from the agents through extortion. Depending on the principal's information set, threats may or may not be credible. As long as threats are credible, the principal is able to fully extract rents. In that case, the results obtained by applying standard theory of optimal law enforcement are robust: we argue for a tougher policy. However, when threats are not credible, the principal is not able to fully extract rents and there is violence. Moreover, we show that it is not necessarily true that a tougher law enforcement policy should be chosen when in presence of organized crime.

International Business Transactions in a Nutshell

Abstract: This work examines the law and practices relevant to the principal forms of international business and commercial transactions. It includes chapters on negotiating business transactions; the law governing international sales of goods; structuring international sales transactions; financing such transactions, especially through letters of credit; technology transfers; the initiation, operation, and termination of, as well as the limitations imposed on, foreign investments; property takings, including the options for protecting against and remedies for such actions; the extraterritorial regulation of international business; anti-corruption law; and the resolution of international disputes, whether through litigation in domestic court or through international arbitration.