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All Journal Yuridika
Maradona
Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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Stepping Forward Toward Uniform Sentencing Guidelines for Corporate Criminal Liability: A Theoretical and Practical Legal Review Dwiarso Budi Santiarto; Maradona; Nur Basuki Minarno
Yuridika Vol. 41 No. 2 (2026): Volume 41 No 2, May 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i2.76003

Abstract

The increasing complexity and frequency of corporate crimes in Indonesia has led to a paradigm shift in the national legal system. The absence of sentencing guidelines for corporate crimes has created a legal vacuum, making current regulations inadequate to ensure the consistent and fair imposition of sanctions. Normatively, the recognition that corporations can be held criminally liable is reflected in various regulations, including Code No. 1/2023 and several other sectoral laws governing specific criminal acts. The urgency of developing corporate sentencing guidelines in Indonesia lies in the need to eliminate disparity and legal uncertainty, which otherwise undermines justice for society. The corporate sentencing model must be based on a structured and measurable assessment system, taking into account both objective and subjective variables as stipulated in Article 56 of Code No. 1/2023. This system can be used to assess the degree of fault, the impact of the offense, the role of corporate executives, and the corporation’s attitude during legal proceedings. Furthermore, it can also serve as a reference in determining the criminal threat and the maximum limit of fine categories. Consequently, judges must, going forward, carefully consider whether to impose a criminal penalty or a legal action (choosing one, not both) as a means of protecting society by promoting uniformity and eliminating unwarranted sentencing disparity.
Building an Ideal Model of a Restitution Mechanism as a Means of Restoring The Rights of Victims of Corruption Offences Ali Fikri; Nur Basuki Minarno; Maradona
Yuridika Vol. 41 No. 3 (2026): Volume 41 No 3 September 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i3.84301

Abstract

Corruption is a criminal act that not only causes losses to the state but also results in suffering for individuals and/or communities. In addition to education and prevention, these efforts include imprisonment, fines, compensation payments, and asset confiscation. However, as seekers of justice, the rights of victims harmed by corruption offences often do not receive the same degree of attention as the rights of perpetrators. In fact, Article 35 of the United Nations Convention Against Corruption (UNCAC) places an obligation on State Parties to ensure that entities or individuals who suffer damage as a result of corruption offences are able to initiate legal proceedings against the perpetrators to obtain compensation.Through a normative legal approach, this paper examines the normative rules and legal basis for restoring the rights of victims of corruption offences within Indonesia’s statutory framework, and discusses alternative strategies and solutions for restoring said victims’ rights. The findings show that there is currently no specific regulation governing mechanisms for recovering the losses suffered by individual victims or communities due to corruption offences. Therefore, legal protection for victims of corruption is necessary through a regulatory strengthening strategy related to compensation for victims in the form of restitution. The imposition of restitution as a form of compensation for victims of corruption offences needs to be accommodated as an additional penalty in the anti-corruption law so that it may serve as an important step toward achieving justice and utility, as well as increasing the effectiveness of corruption eradication in Indonesia through the expansion of additional types of penalty for corrupt actors.
Co-Authors Ali Fikri Dwiarso Budi Santiarto Nur Basuki Minarno