11 March 2023
Sadli Damanik A.Md
Public Relations FH-USU: Saturday (11/03/2023), in the culmination of the 69th Anniversary Celebration, the Faculty of Law of Universitas Sumatera Utara held a scientific oration delivered by Prof. Dr. Asep Nana Mulyana, SH., M.Hum, Director General of Legislation, Ministry of Law and Human Rights of the Republic of Indonesia, with the title of the oration “Punishment Paradigm for Corporate and Business Crimes”. The event took place in the hall of the USU Faculty of Law Moot Court building.
The Dean of the Faculty of Law USU, Dr. Mahmul Siregar, SH, M.Hum in his remarks said “this scientific oration is very useful from an academic and legal point of view, through this scientific oration the audience who are mostly students and alumni of the Faculty of Law USU get new thoughts from the speakers”. The Dean also expressed his gratitude to alumni, partners and all parties who participated in contributing to the Faculty of Law USU, the Dean hopes that the community and all stakeholders can continue to provide input for the good of the Faculty of Law USU. On the same occasion, the Dean of the Faculty of Law USU also submitted an annual report on the development and achievements of the Faculty of Law USU during 2022.
The Rector of USU, Prof. Dr. Muryanto Amin, S.Sos., M.Si in his remarks conveyed information that must be done by the Faculty of Law USU regarding the implementation of Outcome-Based Education (OBE) so that the Faculty of Law USU can produce graduates who are adaptive to the development of the industrial world.
Prof. Dr. Asep Nana Mulyana, SH, M.Hum, in his presentation of oration material conveyed about the economic approach in law enforcement against corporate crime, corporate and business entities as rational actors will make decisions that are beneficial to their business activities, based on their rational choices. Punishment of corporate and business entities can be carried out with the Responsive Regulatioan (RR) Concept which does not require every violation to be processed to court, but focuses on improving the perpetrator with any severity of punishment to be imposed must start with persuasion, written warnings, civil sanctions, criminal sanctions, suspension of business licenses to revocation of business licenses.
Furthermore, Prof. Dr. Asep Nana Mulyana, SH, M.Hum said that transformative justice in Indonesia has now shifted from a retributive philosophy to a utility philosophy where from following the suspect / perpetrator to following the direction of distribution of money and assets. The purpose of this transformative is back to the choice of retributive or utility sanctions, where the retributive aspect consists of revenge; suffering and imprisonment; social order; quantity aspects (output); and over capacity and crowded. Meanwhile, the utility aspect consists of certainty, justice, expediency; social welfare; peace; and the quality aspect (outcome).
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