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All Journal Ilmu Hukum Prima Jurnal Hukum dan Pendidikan Kewarganegaraan
Fika Labuda Aziz
Universitas Bengkulu
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertanggungjawaban Pidana Korporasi Multinasional Dalam Pencucian Uang Lintas Negara: Kekosongan Hukum Internasional Fika Labuda Aziz; Asep Suherman
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Multinational corporations are increasingly identified as key actors in complex transnational money laundering networks, yet the existing international legal regime has not been able to effectively address the criminal liability of corporate entities. This article examines the gap in international law in the context of multinational corporations' criminal liability for transnational money laundering crimes, using a normative juridical approach through a literature review of international legal instruments, corporate criminal law doctrine, and relevant theoretical perspectives. The analysis shows that international legal instruments such as the United Nations Convention against Transnational Organized Crime (UNTOC 2000), the United Nations Convention against Corruption (UNCAC 2003), and the Financial Action Task Force (FATF) recommendations are still not directly criminally binding on corporations and rely on implementation through each country's national legislation. This legal gap creates jurisdictional loopholes that are systematically exploited by multinational corporations through multi-layered, cross-jurisdictional corporate structures. This article recommends the establishment of an international legal instrument that explicitly recognizes the subjectivity of corporate criminal law at the international level and establishes a direct and binding enforcement mechanism.
Harmonization of Customary Criminal Acts in Bengkulu within the National Legal System Mardhatillah Mardhatillah; Aldi Ferdiansyah; Raden Satrya Putra; Damar Al Fariq; Fika Labuda Aziz
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.8066

Abstract

The existence of customary law in Indonesia, including in Bengkulu Province, is part of the legal pluralism that is still alive and thriving in society. However, in practice, the implementation of customary criminal acts often faces challenges in its integration with the national legal system, particularly regarding the dualism of case resolution, legal certainty, and protection of human rights. This condition raises the need for harmonization between customary criminal law and national law to create a just and effective legal system. This study aims to analyze the forms and characteristics of customary criminal acts in Bengkulu and formulate an appropriate harmonization model within the framework of the national legal system. The research method used is normative legal research with a statutory and conceptual approach, through a qualitative descriptive analysis of primary, secondary, and tertiary legal materials. The results show that customary criminal acts in Bengkulu have a communal and restorative character oriented towards restoring social relations. Harmonization can be achieved by strengthening the recognition of customary law in regulations, integrating the principles of restorative justice into the criminal justice system, and establishing limits on the types of cases that can be resolved through customary law. Thus, this harmonization is able to maintain a balance between the local values ​​of indigenous communities and the principles of national law.
Co-Authors Aldi Ferdiansyah Asep Suherman Damar Al Fariq Mardhatillah Mardhatillah Raden Satrya Putra