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Ica Karina
Universitas Katolik Santo Thomas, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Optimizing Corporate Criminal Sanctions in Restoring Environmental Functions: Towards Ecological Justice Niswan Harefa; Maidin Gultom; Ica Karina; Sahata Manalu; Ariston Bachtiar Limbong
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.2015

Abstract

The degradation of environmental functions caused by corporate crime has become a systemic crisis in Indonesia. Criminal sanctions that merely impose fines often fail to restore damaged ecosystems, thereby prolonging ecological injustice. This study aims to formulate an optimization model for corporate criminal sanctions oriented toward genuine environmental restoration and ecological justice. Using a qualitative socio-legal method, the research integrates normative analysis of Law No. 32 of 2009, Supreme Court Regulation No. 13 of 2016, and related jurisprudence with empirical data from 30 final and binding court decisions (2015–2023), in-depth interviews with 15 key informants, and focus group discussions. Data were analyzed through thematic and comparative case analysis. The results reveal that only 16.7% of sanctions imposed a mandatory environmental restoration order, and even these were poorly formulated, with no measurable biological recovery targets or monitoring mechanisms. The optimization model designed consists of five elements: judicial capability building, restructuring restoration clauses in verdicts, embedding scientific advisory panels, establishing an ecological remediation fund sourced from corporate fines, and post-judgment supervision by an independent oversight body. The discussion confirms that without transforming the logic of punishment from a retributive-deterrent paradigm to a restorative-ecological one, sanctions will remain symbolic. The conclusion emphasizes that authentic ecological justice can only be achieved when the restoration of damaged environmental functions becomes the primary yardstick of sanction effectiveness
Optimizing the Recovery of State Losses through Civil Lawsuits Against Assets Suspected of Being Proceeds of Corruption Mancur Sinaga; Maidin Gultom; Sahata Manalu; Ica Karina; Maranatha Purba
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2026

Abstract

Corruption in Indonesia inflicts massive financial losses on the state, yet the recovery of such losses remains suboptimal despite a robust criminal enforcement framework. This study explores the optimization of state loss recovery through civil lawsuits (gugatan perdata) targeting assets suspected to be proceeds of corruption. Employing a qualitative normative-empirical method, the research analyzes statutory provisions, court decisions, and asset recovery data from 2019 to 2023. The findings reveal that while the state attorney’s authority to file civil claims based on unlawful acts (onrechtmatige daad) under Article 1365 of the Civil Code provides a powerful non-conviction based pathway, its utilization is hampered by fragmented regulations, weak inter-agency coordination, and procedural uncertainties in tracing and securing assets. Case studies show that civil lawsuits have achieved significant recoveries, yet the overall recovery rate against total state losses remains below 15%. The discussion proposes an optimization model that includes the harmonization of legal instruments, establishment of a dedicated asset recovery task force, adoption of non-conviction based forfeiture mechanisms consistent with UNCAC, and enhanced international mutual legal assistance. The model integrates pre-litigation asset preservation, reverse burden of proof for illicit enrichment, and the use of digital forensics for asset tracing. The conclusion asserts that maximizing civil litigation for asset recovery not only reimburses the state treasury but also delivers a strong deterrent effect by incapacitating corrupt actors economically, provided that political will and institutional reform are sustained
Preventive Legal Education as a Strategy for Empowering Women Victims of Domestic Violence (KDRT) in Accessing Legal and Psychological Services Ica Karina; Seno Wibowo Gumbira; Grenaldo Ginting; Nurifana Umar; Suryani Intan Pratiwi Puwa
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.1707

Abstract

This article examines preventive legal education as a strategic mechanism for empowering women victims of domestic violence (Kekerasan Dalam Rumah Tangga/KDRT) in Indonesia, specifically focusing on their access to integrated legal and psychological services. Using qualitative phenomenological methodology through in-depth interviews and thematic analysis, this study explores how targeted legal awareness programs strengthen victim agency in navigating justice systems and psychological support mechanisms. The research involved interviews with 18 participants comprising female KDRT victims, legal aid providers, psychological counselors, and community advocates across three Indonesian provinces. Findings reveal that comprehensive legal education programs significantly enhance victim empowerment by demystifying legal processes, clarifying rights under Law Number 23 of 2004, and facilitating timely access to protective services. The implementation of preventive legal education demonstrates capacity to transform victim consciousness, shifting perspectives from self-blame to recognition of legal rights and entitlements. Participants reported increased willingness to report incidents after legal awareness interventions, with 72.2% of victims subsequently accessing formal legal assistance compared to 22.8% prior to education programs. The study identifies critical success factors including integration of psychological support with legal education, community-based delivery mechanisms, and trauma-informed facilitation approaches. However, significant barriers persist, including cultural stigma, limited accessibility in rural areas, and insufficient institutional capacity. This research contributes to evidence-based advocacy for mainstreaming preventive legal education within comprehensive victim support ecosystems in Indonesia, proposing a holistic empowerment model combining legal literacy, psychological recovery, and community mobilization to achieve sustainable gender justice.
Restorative Justice Approach in Juvenile Criminal Cases: Legal Implementation and Challenges in the Indonesian Criminal Justice System Ica Karina; Suhendar; Sopian; Rabith Madah Khulaili Harsya
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2105

Abstract

This article examines the implementation of the restorative justice approach in juvenile criminal cases within the Indonesian criminal justice system, with a specific focus on diversion as mandated by Law No. 11 of 2012 on the Juvenile Criminal Justice System (Undang-Undang Sistem Peradilan Pidana Anak/UU SPPA). Indonesia has formally adopted restorative justice as a guiding principle in handling children in conflict with the law, emphasizing the best interests of the child, rehabilitation, and social reintegration rather than retribution. Despite this strong normative framework, empirical evidence shows a persistent gap between legal ideals and practice, including low diversion rates at the national level and significant regional disparities. Using a qualitative research design based on doctrinal analysis and literature review, this study explores the legal basis of restorative justice, its operationalization through diversion at the stages of investigation, prosecution, and trial, and the multi-dimensional challenges that hinder its effective application. The findings indicate that legal, institutional, and socio-cultural obstacles—such as regulatory disharmony, limited institutional capacity, insufficient training of law enforcement officials, and a prevailing punitive legal culture—constrain the realization of restorative justice. The article concludes by offering recommendations to strengthen regulatory coherence, build capacity for restorative mediation, and promote a child-rights oriented legal culture as prerequisites for optimizing restorative justice in juvenile cases
Co-Authors Ariston Bachtiar Limbong Grenaldo Ginting Maidin Gultom Maranatha Purba Niswan Harefa Nurifana Umar Rabith Madah Khulaili Harsya Sahata Manalu Seno Wibowo Gumbira Sinaga, Mancur Sopian Suhendar Suryani Intan Pratiwi Puwa