Corrective Justice: An Economic Approach for Law
Abstract
Corruption has a negative impact on people’s lives and statehood. The strategic positions in State-owned enterprises (SOE) are vulnerable to abuse of power and authority which has an impact on state losses. The concept of interpretation of the legal system of state finance in SOE governance actually raises its own problems. The purpose of this study is to obtain an overview and analyze policy solutions for understanding law enforcement of state finance, state admission law, and SOE. Research methods is normative descriptive juridical on public companies and state finances laws. The inclusion of elements detrimental to state finances in the formulation of criminal acts of corruption brings certain legal consequences in the field of evidence law. The concrete facts in the court of law that there is no explicit difference in principle and consequently between public law and private law bring its own problems in the field of law. Efforts to support SOE in line with the principles of Good Corporate Governance (GCG) and efforts to save state finances are counterproductive. The results of the study as a framework for formulating policies to avoid the injustice of law enforcement in concreto towards the application elements of state financial losses.
References
[2] Atmasasmita, R. 2012. Teori Hukum Integratif: Rekonstruksi Terhadap Teori Hukum Pembangunan dan Teori Hukum Progresif, Genta Publishing, Yogyakarta.
[3] Atmasasmita, R. 2013. Kapita Selekta Kejahatan Bisnis dan Hukum Pidana, Buku 1, PT. Fikahati Aneska, Jakarta.
[4] Balkin, J.M. 1987. Too Good to Be True: The Positive Economic Theory of Law Reviewed Work ( s ): The Economic Structure of Tort Law by William M. Landes and Richard A. Posner Review by: Columbia Law Review Association Inc 87(7), 1447 – 1489.
[5] Becker, G.S. 1974. Crime and Punishment: An Economic Approach. Journal of political economy, 169-217.
[6] Bentham, J. 1931. A Fragment on Government ;being an examination of whit is delivered, on the subject of government in general in the introduction to Sir William Blackstone's commentaries. Montesquieu Espirit: des Lois, L. XXX. Ch. XV. London:
[7] Calabresi, G. 2018. The Future of Law and Economics. Comments and Reflections, 16(1), 167–178.
[8] Coase, R. 1960. The Problem of Social Cost. The Journal of Law and Economics, 1–28.
[9] Coleman, J.L. 1988. The Economic Structure of Tort Law by William Landes and Richard A. Posner; Economic Analysis of Accident Law by Steven Shavell Book Review The Structure of Tort Law. The Yale Law Journal, Vol. 97, No. 6, 1233 – 1253.
[10] Cooter, L.B., and Ullen, T. 2011. Law and Economics. 6ed, NY: Prentice hall.
[11] Cooter, L.B., Ulen, T. 2011. Maturing into Normal Science. The Effect of Empirical Legal Studies on Law and Economics, 1475.
[12] Cooter, R. 1996. Normative Failure Theory of Law, Berkeley Law Berkeley Law Scholarship Repository. Faculty Scholarship 1-1, 947 – 978.
[13] Cooter, R., Porat, A. 2000. Does Risk to Oneself Increase the Care Owed to Others? Law and Economics in Conflict. The Journal of Legal Studies, 29(1), 19–34.
[14] Cooter, R.D. 1991. Economic Theories of Legal Liability. Journal of Economic Perspective 5(3), 11–30.
[15] Dubet, A., Félix, J. 2013. Introduction: Corruption and the Rise of the Fiscal State. Palgrave Studies in the History of Finance, Springer International Publishing.
[16] Ellickson, R.C. 1989. Bringing Culture and Human Frailty to Rational Actors. A Critique of Classical Law and Economics, 65(1), 23-55.
[17] Goodman, J.C. 1978. An Economic Theory of the Evolution of Common Law. The Journal of Legal Studies 7, (2), 393-406.
[18] Hamilton-Hart, N. 2001. Anti-corruption strategies in Indonesia, 37(1), 65–82.
[19] Jolls, C., Sunstein, C.R., and Thaler, R. 1998. A Behavioral Approach to Law and Economics. Stanford Law Review 50, (5), 1471 – 1550.
[20] Keuangan, A. Publik dalam Perspektif Hukum, Edisi Ketiga, Jakarta: Rajawali Pers.
[21] Muladi, Dwidja, Priyatno. 2013. Pertanggungjawaban Pidana Korporasi, Kencana Prenenda Media Group, Jakarta.
[22] Muladi. 2014. Ambiguitas Dalam Penerapan Doktrin Hukum Pidana: Antara Doktrin Ultimum Remedium dan Doktrin Primum Remedium, Makasar 18 Maret 2013. Diakses dari http://www.google.co.idpadatanggal (13 Mei 2014).
[23] Pentikäinen, M. 2012. Changing International Subjectivity and Rights and Obligations under International Law – Status of Corporations, 8(1), 145 – 154.
[24] Polinsky, A.M., Shavell, S., Polinsky, A.M., Shavell, S. 2018. The Economic Theory of Public Enforcement of Law, 38(1), 45–76.
[25] Posner, R.A 1986. Economic Analysis of law. Third Edition.Wolter Kluwer. Law & Business.
[26] Posner, R.A. 1975. The Economic Approach to Law. Texas Law Review Vol. 53: 757 – 782.
[27] Posner, R.A. 2018e. Utilitarianism, Economics and Legal Theory Source. The Journal of Legal Studies, Vol. 8, No. 1, 103-140.
[28] Posner, R.A., Landes, W.M. 1980. The Positive Economic Theory of Tort Law. Georgia Law Review 15: 851 – 924.
[29] Rahardjo, S. 1986. Ilmu Hukum, Alumni, Bandung.
[30] Rizzo, M.J., Arnold, F.S. 2018. Causal Apportionment in the Law of Torts. An Economic Theory Author (s): Mario J . Rizzo and Frank S . Arnold Published by: Columbia Law Review Association, Inc. Stable URL. 80(7), 1399–1429.
[31] Schofield, P., Schofield, P. 1903a. Jeremy Bentham, the principle of utility and legal positivism. 74 (October 1814), 1–39.
[32] Schofield, P., Schofield, P. 1903b. Jeremy bentham, the principle of utility and legal positivism. 74 (October 1814), 1–40.
[33] Sergeevich, A.A. 2014. A False Alibi as a Component of Criminal Activity and Post Criminal Behavior of the Participants of the Investigation and Assize, Journal of Advanced Research in Law and Economics, (Volume V, Winter), 2(10): 57 – 62.
[34] Shackelton, R. 2005. Happiness and Utility. Jeremy Bentham’s Equation, 10(1).
[35] Simatupang, D.P.N. 2011. Paradoks Rasionalitas Perluasan Ruang Lingkup Keuangan Negara dan Implikasinya terhadap Kinerja Keuangan Pemerintah, Badan Penerbit FHUI, Jakarta.
[36] Stigler, G.T. 1992. Law or Economics? The Journal of Law and Economics, 35, (2), 455 – 468.
[37] Zhou, Q. 2009. Economic analysis of the legal standard for deceit in English tort law. European journal of law and economics, 28(1), 83-102.
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