The Southeast Asia Law Journal Vol 2 No. ISSN : 2527-8088 Vol. No. The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System Maryano* Yuhelson* **Universitas Jayabaya Article Info Keywords: Corporate crime of law politics, legal standing, subject crime of law. Corresponding Author: maryono@gmail. The Southeast Asia Law Journal Volume 2 Nomor 1 Juli-Desember 2016 ISSN 2087-9415 1 - 15 A2016 SALJ. All rights reserved. Abstract Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the company's reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second. The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation. Corporations in all its forms make a Introduction concrete contribution to the economic The development of life affects the keajegan legal structure as one of the social sub- growth of the state in order to improve the There has been a shift in position welfare of the people (Undang Undang No between the legal subject of a legal entity 40 tengang perseroan terbatas, 2. , in . , which moves toward a role accordance with the 1945. Constitution of originally held by a legal subject person. the Republic of Indonesia (Constitution of Republic Indonesi. Maryono & Yuhelson/ The Legal Policy Of Corporation Legal Standing As Rechtspersoon At Indonesian Criminal Justice SystemA / A-A Constitution or the supreme law (Attamimi, accounting firms, and corporate legal 2. , has guaranteed legal entity other entities, with management symbols. The existence of corporations can be seen development as well as the object of from two sides, namely the side of the purpose the establishment of NKRI. The establishment documents in the form of Fourth Paragraph Preambule of the 1945 deed of incorporation containing the Constitution implicitly asserts: Then to form a State Government of Indonesia that protects the entire nation of Corporations have the same rights and Indonesia and the entire blood of Indonesia duties as natural persons, so they can carry and to promote the general welfare, educate out legal and economic activities just like the life of the nation, and participate in natural people. It can be said that implementing the world order based on corporations are essentially functional. freedom, eternal peace and social justice. In construction and criminal law, initially then the Indonesian National Independence the responsibility for corporate criminal it is in an Indonesian State Constitution, action, especially in the formulation of which is formed in the composition of the Republic of Indonesia with the sovereignty responsibility of the individual committee. of the people (NKRI, 1. In general, the provisions of criminal law In the traffic law, the state regulates, materil more emphasize the legal sanction protects, and participates in the life of the arrangements on the members of the board legal subject of the person as well as the or commissioners, among others implied in legal subject of the legal entity. Corporation the formulation: has been recognized, accepted, and lives in In cases where the violation is criminalized Corporations are one component in people's governing body or commissioners, the lives that have an important role in the board, member of the governing body or commissioner who does not interfere with economic actors appearing in the category the offense is not punished. (Adi setyadi of legal subjects. (BUMN. id, 2. In dan Rena Yulia, 2. other words, corporations intersect with the The fabric of criminal law construction seen in the context of civil law is evident in the professional groups, such as law firms. The Southeast Asia Law Journal Vol 2 No. case that corporations can be categorized as activity of giving priority to the business responsible parties and can therefore be (Quinne. placed as subjects in criminal offenses. The There are several modes performed and Indonesian Criminal Code (KUHP) stipulates tagged corporate activity that is indicated to that a commissioner or commissioner of a violate criminal provisions. First, the limited liability company, an Indonesian carrier airline or a cooperative association information in the financial statements declared in a state of bankruptcy or ordered which can be generally categorized as a to be resolved by a court, is punishable by violation of the criminal law related to the imprisonment for a maximum of 1 . (Arifin, 2. (KUHP Second, . In other formulations it is found that a relationships with company management commissioner or commissioner of a limited which, according to the analysis of liability company, an Indonesian carrier management experts indicates that the fall airline or a cooperative association declared of large companies. This coexist with in a state of bankruptcy or whose settlement weakness in applying the principles of is ordered by a court, shall be punishable by Good Corporate Governance (GCG). imprisonment of no more than 7 . The (KUHP . GCG principles causes distrust of the existence Thus, the accountability of its origin in of corporations as legal subjects and relation to civil law, but in its development, dichotomous questions of legal standing the extension of the responsible corporate between corporations as entities with crime as an independent legal subject may be independent ones, or must be related to the subject to the burden of criminal liability. board, when involved with a crime. Handling corporate cases is not as easy as In the economic field there is the term identifying them as corporations have fraud . that describes the situation complex organizational structures, and are more complex and diilematis, . white collar crimes that are generally well- 2. when associated with the flow of organized, done by officials, professionals funds (Theodorus, 2. Complexity as it or corporations themselves, making it relates to the activities of the company difficult to prove it. The corporate crime indicated as part or purpose of a crime not stems from the attractiveness between the yet regulated in a detailed legal system professional and business aspects in the Maryono & Yuhelson/ The Legal Policy Of Corporation Legal Standing As Rechtspersoon At Indonesian Criminal Justice SystemA / A-A In the economic field there is the term provisions of the law, because the evidence fraud . that describes the situation is one important factor in the judicial more complex and dilematic, , (Naskah process, which can determine the position akademik ruu hukum acara pidana, 2. of the defendant whether it has met the when associated with the flow of funds. elements of a criminal act. (Bakhri, 2. (Undang Undang no 3, 2. Complexity Law as it relates to the activities of the company indicated as part or purpose of a crime not principles of the rule of law. The process of yet regulated in a detailed legal system. disclosure of the condition of a corporation Corporate fraud occurs because there are from internal or external, especially the weaknesses in the application of corporate company's financial condition can not be governance principles. (Undang undang no 6 tahun 2. Fraud according to Black Determination of suspect status is required Law Dictionary is: (Black law Dictionar. by the corporation as a legal entity to (Yeager, disclose information disclosure of bank A knowing misrepresentation of the truth or accounts of parties involved in a crime. concealment of a material fact to induce (Reksodiputro, 1. On the other hand, another to act to his or her detriment, is usual a tort, but in some cases . sp, when putting a corporation as a suspect raises a the conduct is willfu. it may be a crime. high degree of difficulty. (Wiyon. The corporation is in fact only a derivative without belief in its truth to induce another . lter person to act. A tort arising from knowing sometimes the company is only used as a misrepresentation, concealment of material venture of shareholders in limiting the risk of loss arising from its involvement in the fact, or reckless misrepresentation made to company for personal gain or for any other induce another to act to his or detriment. (Definition of alter ego, 2. In this context, there is a problem of corporate criminal law. The problems that Theory of the State of Law or State by Law arise are the limits of corporate error and is a popular theory and is very general as accountability related to a criminal act, the main theory in the study of law and especially in the field of economic crime. This theory has grown since the days (Priyatno, 2. It is necessary to conduct a of the ancient Greeks to modern times proof process in accordance with the . sshidiqie, 2. Pure legal theory or positive law theory comes from the legal The Southeast Asia Law Journal Vol 2 No. thought of the legal positivism madhhab The method of approach in normative which depicts the legalistic dimension of research is usually used statutory approach . pproach statut. and conceptual approach conceptually, on a simple level to understand . onceptual approac. which is an integral "criminal offenses" should be seen in the Criminal Code (Criminal Cod. However, descriptive approach. The main source of the term or definition of a criminal offense is normative research is the library as the usual formally defined or its definition can not be place of secondary data resides and is found. found in the Criminal Code itself as a legal The data is in the form of legal materials, document or law that became the main both primary legal materials, secondary legal reference for the term of a crime. To gain materials, as well as tertiary legal materials. clarity on the definition, understanding, or Primary Legal Material is a legal material description of the term criminal offense, it is consisting of legal rules sorted by hierarchy more likely to refer to the substance of legal of legislation starting from the Preamble and jurisprudence as developed by experts or Body of the 1945 Constitution. TAP MPR experts in the field of Law Science. RI. Legal material obtained from textbooks. Theoretically analytical-juridical Research Method symposia by experts The dissertation research is classified into related to the discussion about Establishment legal normative-dogmatic research . egal of Legislation. Tertiary Law Material is a reseac. , (Soekanto, 1. because it is basically more emphasis on secondary data meaningful explanation of primary and of library data to study and study the secondary legal material such as legal principles of positive law, comparative law, dictionary, encyclopedia and others. The and elements or factors, related factors. addition, relating to the object of research is normative methods, namely research by also required primary data obtained directly describing the condition and facts about the from the field, meaning that in research object of research. The facts of this Law are there are elements of sociological-empirical analyzed by various laws, theories and doctrines or expert opinions aimed at finding . ocio answers to the issues to be discussed further. Normative Juridical Method supported by The approach is more abstract-theoretical, the Empirical Jurisdiction. meaning that all data is compiled and then Therefore, analyzed based on the categorization of Maryono & Yuhelson/ The Legal Policy Of Corporation Legal Standing As Rechtspersoon At Indonesian Criminal Justice SystemA / A-A problems or findings using a contextual . The law so enacted. The The collection of secondary data whole body of enacted laws. in the library is done by sorting the existing In the context of national development legal lithography and grouping it according planning, the overall ideological policy of to the subject of the study. Because in the criminal law should include the renewal approach that supported by normative of the Material Criminal Law, the Formal juridical, can be done by field study to Criminal Law and the criminal law. Efforts obtain primary data through interview. to renew its nature are included in the area Result and Discussion of Penal Policy which is part of the law Political Dimension of Criminal Law in enforcement policy and social policy. Legal Criminal Law reform should be conducted Standing Corporation with a policy approach, so that the reform Subject of Criminal Law of the Penal Code should also be oriented The criminal law of the corporation as a towards a value approach. subject of criminal law is an integral part of the politics of national law. National legal Therefore, it can be concluded that the politics is the act of choice of the various picture of the political dimension of law in alternative choices of state policy makers in the form of an effort to reform Criminal the field of law as a future law enforcement Law is part of the policy which includes: us constituendu. National legal Policy to renew legal substance in order to politics in practice is reflected in a national effect law enforcement. Policies to combat legislation program that includes legal or combat crime in the context of planning, legal drafting, legal executing community protection. Policies to address and legal review. social problems and humanitarian problems The in order to achieve and support the national goals of social defenses and social welfare. essentially a national planning program in and Efforts to review and re-assess the the field of legislation. Lexically, the word basic ideas, basic ideas, philosophical, program or program is defined as List of socio-political and socio-cultural values items, events, etc or plan of what is to be Meanwhile, the term legislation is enforcement policies of the Penal Code. defined in many meanings, namely: . The process of making or enacting a positive Criminal Law Politics means holding law in written form cording to the same elections to achieve the best results of type of formal procedure, by a branch of criminal legislation in the sense of meeting government constituted to perform this The Southeast Asia Law Journal Vol 2 No. the requirements of justice and efficiency. law is materially apparent in its material The Politics of Criminal Law means the plan, among others: that, in the case of a effort to realize the rules of criminal criminal act of corruption committed by or on behalf of a corporation, and criminal circumstances and the situation at a time and detention may be committed against the for the future. Based on the scope of the corporation and / or its board and that the Criminal Law Poi- sion and the Criminal Law criminal act of corruption is committed by policy line, it is determined how far the the corporation if the offense is committed applicable criminal provisions need to be by persons, whether based on employment amended or updated, what can be done to or other relationship, acting within the prevent the occurrence of crimes, the corporate environment either alone or Politically legal, the laws and prosecutions, judiciary and enforcement of regulations in the type of Supreme Court the Penal Code must be implemented . regulations are intended as integrative Understanding the political of Criminal enforcement system. Law as stated above can be concluded that Enforcement of Corporate Criminal Law and Boundaries as Benchmark for Processing of Corporations as Subject of Criminal Law Criminal Politics is an attempt to determine which way of coming Criminal Law Politics will come to see and adjust the The most common, the difficulty of criminal state of law enforcement at this time. law enforcement for the subject of corporate Politics of criminal law is basically based law is the psychological aspect. Therefore, on the life of a changing society, in which the limits of the benchmark are important to there are values. There are several factors be examined from the point of view of the that cause change in the broad sense that is: psychological nature of the corpotation. For There are human thoughts, through reason example, in the case of giving testimony and mind given to God, will always evolve before the court or before the court, the from time to time. This condition that causes man to always use his thinking in all information without explanation from the aspects of life. The change, influenced by This becomes complex if the the demands or needs of humans. corporation's management is also a party Officially and formally, the law has not been categorized as a suspect. The corporation is published since it is still under discussion, in fact only a derivative . lter eg. of its but the political dimension of the criminal shareholders, so sometimes the company is Maryono & Yuhelson/ The Legal Policy Of Corporation Legal Standing As Rechtspersoon At Indonesian Criminal Justice SystemA / A-A only used as a venture of shareholders in accountability of an act to the offender or limiting he risk of loss arising from its the maker. involvement in the company for personal Thus, referring to a description explaining gain or for any other reason. According to criminal law theory, one enforcement as described above, it is clear characteristic of criminal law is the so-called that the discussion of boundary aspects as a mens rea, which serves as a general condition benchmark to determine that a corporation to be met by a crime. This is what as a subject of criminal law may be distinguishes it from civil law. In mens rea processed in criminal law enforcement is must be covered by the nature of unlawful very important in view of the applicability . , errors (Schul. , and of criminal law formal for corporations. the ability of responsible according to As mentioned briefly in the background criminal law . oerekingingsvatbaar hei. section of research in Chapter I, the limits of According to the study and analysis of the corporate criminal law enforcement on the researcher, it is this element or factor that technical level of law enforcement relate to causes the difficulty of law enforcers to this norms in procedural law, especially after a day, in enforcing the criminal law against the corporation is determined as a suspect. subject of corporate law, the element of mens Putting a corporation as a suspect creates a rea is difficult in its size in corporations. high level of difficulty. Technically there are legal issues that are not easily The criminal law perspective has developed into a broad meaning. In the sense of formulating the identity of the suspect in the modern, criminal law must be seen and can Minutes of Examination (BAP) by the be called the existence or the elements of investigator and formulating the identity of criminal law, namely the existence of the the defendant in the indictment by the public subject of the perpetrator / maker, the It is stated so, because explicitly- normative Article 143 paragraph . letter a accounted for his actions, the relationship of the Criminal Procedure Code, determines or the psychic link between maker and deed the formal conditions containing the full . ften called intentional or error in the name, place of birth, age or date of birth, sex, narrow sens. , there is no element of criminal abolition that can eliminate the occupation of the suspect. By analogue the above formal terms refers to the identity of The Southeast Asia Law Journal Vol 2 No. natural persons who are natural persons to disclose information disclosure of the . aturlijk perso. as subjects of criminal bank account of the parties involved in the For corporations there is no provision that In other words, when a corporation has can be referred to analogously. Such a been established as a suspect of a criminal situation will lead to the stagnant process of offense, there are difficulties. Among other criminal law enforcement with corporate things related to the financial condition of a actors, since the weakness of formulating corporation in the context of criminal the identity in the indictment may be proceedings can not be expressed openly, overturned by the judge. because it involves the internal side of the It requires a prerequisite. Therefore, regarding the formal requirement namely that against the corporation as a of identity in the Indictment for corporation legal entity, the determination of the status as a subject of criminal law is not fulfilled as of the suspect is required. stipulated in the Criminal Procedure Code. Whereas the mistake in formulating the Judged from the point of view of law identity of the defendant in the Indictment enforcement officers, there is a general lack resulted in the indictment being revoked by the Judge. In this case the formal legal members of the law enforcement apparatus, obstacles in criminal law enforcement for which should be understood as they are not corporations that commit criminal offenses Because if it is applied, the law of the Consequently, in carrying out indictment is not strong enough and the judge criminal law enforcement tasks against is authorized to cancel it. mastery of aspects by officers only equip themselves with the Specifically, at the stage or level of proof, the right to discretion, without having the disclosure process of the condition of a ability in the corporate field so often ignore corporation from the internal and external the norms, principles, and all the provisions side, especially the financial condition of the governing the corporation in legal traffic, to company can not be done carelessly. In this process a crime related to the existence of a case the principle of openness can not be That is, it actually contains implemented the stage of corroboration law weaknesses because the true discretion that enforcement corporation. In relation thereto, exists in the realm of state administrative the determination of the suspect's status is law tends to be easy to be guilty for when required by the corporation as a legal entity Maryono & Yuhelson/ The Legal Policy Of Corporation Legal Standing As Rechtspersoon At Indonesian Criminal Justice SystemA / A-A the law. Likewise, the presumption of enforcement officers, of the state tends to innocence principle must be applied by law be easily guilty in the interests of law enforcement because it may be a violation enforcement officials. of the law by the corporation that is an unconscious omission. On the contrary, it is In the technical perspective of procedural also considered very unfair if the mistakes law, it is likely that it is easier to process of one individual corporate management individual verification than the corporation First, must be borne by another individual determination of the existence of a criminal Individuals who are proven to act by the corporation . orporate crim. as be guilty of a corporation must be part of a white collar crime can not be seen personally responsible. with ordinary eyewear such as against common crime. This is because: . Based on the theory of criminal law, one of corporate infringement is not as heavy and the main principles in criminal law is the threatening as murder, robbery and others. principle of legality, stating that there is no . occur in the office environment, not in offense or punishable action . the streets. the victim's relationship with without first having a criminal-threatening the perpetrator is indirect. often rule (Nullum delictum, noella poena sine involve complex technological and financial problems, not easily detected by victims or interpretation of a contrario, if a law enforcement agencies. Secondly, there is difficulty in determining corporate mistakes wederrechtelijkid but proven deeds formele . ens re. , because there is a complex not wederrechtelijkheid on the grounds of relationship in organizational crime, which is the absence of regulations that have interrelated between the executive director, criminal sanctions that regulate his actions, the manager on the parent company side, and then actually against the perpetrators can the divisions of the company . not be punished on the other side. Through In terms of determining the limits as a In addition, proper matters should be enforcement, in accordance with criminal economic, and cultural aspects. It has law enforcement system, according to the researcher's point of view, law enforcement an adage is no unlawfulness which is in accordance with officers can rely on general criminal law The Southeast Asia Law Journal Vol 2 No. construction by using several general Based on the results of the description and criminal sections in the Criminal Code, discussion in the chapters in advance, including Article 372 KUHP embezzlemen. , especially the description in chapter IV, it Article 378 of the Penal Code (KUHP), can be drawn some conclusions. Article 263 of the Penal Code and Article The political dimension of criminal law on 266 of the Criminal Code . ncluding false the legal standing of a corporate legal entity information in authentic deed. to resolve as a legal subject in a criminal offense may many criminal cases involving corporations. be general and special. General character As mentioned above in the text of this related to generalist legal matter. dissertation, in this case, the limits of the criminal law which is the content of the Criminal Code (KUHP) which is currently instruments as lex generalis. still in the draft of Law No. 1 of 1946. Meanwhile, remembering on the basis of The general dimensions of criminal politics individual subjects, suffering to prove the of corporations formally include choice of errors of corporations, the law enforcement forms, types and ways . The dimension of chief of form is to affirm that the development of the corporate officer (President Directo. a penal law against the corporation, selected by representative of the corporation that is written law, is in accordance with the nature responsible for corporate crime. Only then, and characteristics of the criminal law itself. it can it entrap vice directors. Branch The legal type of legislation focuses on the Heads. Supervisors, choice of the level of legislation, which is by ordinary employees, and any corporate means of the will of revision of the Criminal Code whose planning and concept has been often make Division Heads. President Director. Thus it appears, that seen from a carried out since 1963, and to date it is still subjective point, involved various person in listed in the list of national legislation terms of criminal or corrosion criminal. Materially, the general political Therefore, it can be asserted that the limits dimension of corporate criminal law includes of the benchmark must refer to the legal the choice of the choice of a continental construction of the articles of criminal law European legal system, the choice of the of participation as provided in Article 55 punishment model, and the determination of and Article 56 of the Criminal Code. the pattern and types of applicable criminal Conclusions Maryono & Yuhelson/ The Legal Policy Of Corporation Legal Standing As Rechtspersoon At Indonesian Criminal Justice SystemA / A-A Meanwhile, the special political dimension of administrative, and criminal law, which the penal law against corporations, beyond can not be separated from one another. the substance of the Criminal Code, reflects Therefore, in the enforcement of criminal more about the choice of specific legal law against the subject of corporate law is objectives . ex specialist. and the choice of characterized by problems related to these criminal law formulation in certain fields . g, legal aspects. The administrative law corruption, immigration and the environment aspect is a factor in the middle, in the The political dimension of criminal law sense of a shift from the field of civil law in the context of an application-oriented to the field of criminal law in the context specialist theories of legal entities, especially of the organ theory and theory of legal reality. mediated by administrative law. Thus, there is no political doubt in the of corporation law. As it is known, the problems that arise are criminal law to determine and confirm that the corporation may commit criminal acts . s accountability related to a criminal act, basically in the field of economic crime. construed as a subject of criminal law in the Related to this, on the law enforcement enforcement of criminal law in Indonesia, or level there is a sense of unease with the in a criminal justice system ). In addition, the tendency to free the perpetrators of the special political dimension of corporate violation under the pretext of not knowing criminal law has accommodated the concept any law prohibiting the actions taken. When a corporation has been designated punishment, and the system of sanctions for as a suspect of a criminal offense, there are difficulties. The financial condition of a corporation in the context of criminal The practice or law enforcement process proceedings can not be expressed openly of the corporation as the legal subject of a because it involves the internal side of the criminal offense has not proceeded as it Against a corporation as a should in accordance with the principles of fast, clear, cheap law enforcement. disclosure of a bank account of a party There are things that led to the slow pace involved in a crime, a suspect status is of law enforcement practices against corporations as perpetrators of criminal Technically, the law also has problems The Criminal Law perspective on that are not easily understood, such as the corporations covers aspects of civil. The Southeast Asia Law Journal Vol 2 No. difficulty of formulating the identity of generally oriented to the development of law by placing corporation as a perpetrator of a Investigation (BAP) by the investigator crime then it is necessary to codify the Law and formulating the identity of the of the Corporation. Secondly: criminal law defendant in the indictment by the politics is also of a special nature, that is public prosecutor. It is stated so, because found scattered in the 16 Laws examined in explicitly-normative the context of the concept of criminal paragraph . letter a of the Criminal responsibility and the application of criminal Procedure Code, determines the formal penalties and models of criminal sanctions conditions containing the full name, place that can be imposed on the perpetrators of of birth, age or date of birth, sex, immediately formulate a single concept of For corporate criminal law subject that has been Minutes Article spread in several laws. corporations there is no provision that can Such Recommendation circumstances will lead to the cessation of In the political perspective of Indonesian law, both the politics of law in general, corporations, since the weakness of and especially the politics of criminal formulating identities in the indictment law, need to be increased again the may be overturned by a judge. Likewise, commitment of all parties to the in the subsequent criminal proceedings, alignment to the development of law. the corporation can not directly give The legal political formulation must be explicit and intact and firm, contained in explanation from the management. It will similar core documents MPR Decree. be more complex if the corporate officer Although the State Policy Guidelines is also a party categorized as a suspect. (GHBN) are no longer recognized in the So from the problem problematic as the structure of the Indonesian national legal authors describe above get the results of system, it is necessary to document the research and concluded in two cases namely, place where national political law is First: the political dimension of criminal law against the corporation there is a general high-ranking Nowadays the most possible nature, namely the criminal law politics and its existence is recognized again found in the Criminal Code which is based on Law Number 12 Year 2011 is Maryono & Yuhelson/ The Legal Policy Of Corporation Legal Standing As Rechtspersoon At Indonesian Criminal Justice SystemA / A-A MPR Decree. If it can be agreed, the especially on corporate crime. In fulfilling amendment to Law Number 17 Year the technical requirements of the law in 2007 on the National Long Term handling cases, it is necessary to issue a Development Plan will be made, by separate legislation regulating further the making changes to the legal political identity of the perpetrators of criminal acts formula . egal polic. which must be included either in the The concept of political politics in the Official Report of Inspection (BAP) by RPJPN, more likely to be placed in the the police, as well as the Indictment by the paradigm of legal relations with politics Public more political determinant. This is necessary to conduct activities of short apparent because educational nature, training, or technical law is still Prosecutor. Therefore, regarded as a field whose position is not courses of criminal higher than politics, even the law is only placed as part and parallel to the field of development of the political concept of Especially, the politics of criminal law at the level of law criminal law against corporations in the enforcement related to the aspects of broader sense . ex generali. as set forth criminal, civil and state administration in the draft of the Criminal Code, then law, it is necessary to conduct a research there should be further discussion that functions and recommends a clear separation between the three aspects of between the government premises of the Therefore, the law. House, so that criminal law politics Reference