Prosecuting Corporate Crime in Indonesia: Recruitment Agencies that Traffic Migrant Workers

@article{Palmer2020ProsecutingCC,
  title={Prosecuting Corporate Crime in Indonesia: Recruitment Agencies that Traffic Migrant Workers},
  author={Wayne Palmer},
  journal={Asian Journal of Comparative Law},
  year={2020},
  volume={15},
  pages={23-44}
}
  • W. Palmer
  • Published 5 August 2020
  • Law
  • Asian Journal of Comparative Law
This article examines the legal and political context for prosecuting corporate crime in Indonesia. It presents a case study of the landmark case in which a migrant labour recruitment agency was successfully prosecuted for human trafficking. This article explains the rationale and motivation in four sections. First, it considers the development and purpose of corporate liability as a legal concept to foreground the second section that outlines the legal and policy framework for pursuing… 
The protection and empowerment of Indonesian female migrant domestic workers: Proposals from a multi-stage analysis
ABSTRACT Migrant female domestic workers are subject to an overarching system of isolation, subordination, and exploitation due to the intersection of their gender, low education, and foreign-migrant

References

SHOWING 1-10 OF 21 REFERENCES
Individual Accountability for Corporate Crime
Corporate crime is too often addressed by fining the corporation, leaving the real people who committed the crime facing no consequence at all. This failure to hold individuals accountable in cases
The Responsibility Gap in Corporate Crime
In many cases of criminality within large corporations, senior management does not commit the operative offense—or conspire or assist in it—but nonetheless bears serious responsibility for the crime.
Reexamining the Cost of Corporate Criminal Prosecutions
Agency theory foments the expectation that corporate criminal prosecutions mitigate crime by inducing firms to self-regulate. Whether this bears out in reality remains a topic of contentious debate.
Corporate Criminal Liability: Toward a Compliance-Orientated Approach
  • G. Jiménez
  • Law
    Indiana Journal of Global Legal Studies
  • 2019
ABSTRACT:Under U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice's U.S. Attorneys' Manual lays out a list of factors
Trying corporations: why not prosecute?
ABSTRACT This article examines whether deferred prosecution agreements (DPAs), which allow prosecutors to negotiate and enter into agreements with corporations to defer or suspend criminal
Corporate Criminal Liability: What Purpose Does it Serve?
Corporate criminal liability has grown rapidly over the last two decades both in the United States and overseas. Although the imposition of criminal liability on corporations, as opposed to managers
Indonesian Laws and Lawmaking
This chapter focuses on the various types of laws that Indonesian institutions can make, the processes for their issuance, and the bodies that issue them. Most of these laws, including national
Deferred Prosecution Agreements and the Presumption of Innocence
Abstract A deferred prosecution agreement, or DPA, allows a corporation, instead of proceeding to trial on a criminal charge, to settle matters with the state by acknowledging the facts on which any
The rise of defensive engineering: how personal liability considerations impact decision-making
Abstract Based on a survey of Australian engineers (n = 275) this paper examines the impact of personal liability considerations on engineering decision-making. Almost all respondents who make
The Ability and Responsibility of Corporate Law to Improve Criminal Fines
Attempts to address the failure of corporate-criminal fines founder on two shoals. First, there is a deep and abiding ambiguity about what it means to designate corporate fines as a failed
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