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All Journal Jurnal Ilmu Hukum The Juris
Fadiah Adilah Kusmayadi
Universitas Muhammadiyah Palembang, Palembang, Indonesia
Law, Crime, Criminology & Criminal Justice

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FILSAFAT HUKUM SEBAGAI LANDASAN PERLINDUNGAN HAK ASASI MANUSIA Reni Okpirianti; Nur Husni Emilson; Amelia Tri Rahayu; Fadiah Adilah Kusmayadi; Nesa Claudia Putri; Tri Daryanti; Resi
The Juris Vol. 10 No. 1 (2026): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v10i1.2348

Abstract

The relationship between legal philosophy and human rights is fundamentally rooted in fundamental questions regarding the source of legitimacy of legal norms. Legal philosophy, particularly natural law and legal positivism, plays a significant role in determining the concept of justice that underlies human rights protection. This paper employs normative legal research. The implementation of human rights values has not demonstrated sufficient consistency. The gap between norms and practice remains apparent, particularly in the resolution of cases of gross human rights violations that have yet to achieve legal clarity. Considering these challenges, this study recommends a reorientation of human rights policy through regulatory harmonization, revisions to rules that potentially limit civil liberties, and strengthening state accountability mechanisms in all cases of violation. These steps are expected to establish a system that not only recognizes human rights declaratively but also ensures the actual fulfillment of these rights in people's daily lives.
POLITIK HUKUM TINDAK PIDANA KORPORASI DI INDONESIA: ERA KUHP LAMA VERSUS KUHP BARU Reni Okpirianti; Nur Husni Emilson; Fadiah Adilah Kusmayadi; Nabila Tsabitah; Marsya Ika R
The Juris Vol. 10 No. 1 (2026): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v10i1.2349

Abstract

Economic globalization and market liberalization not only open up space for business growth, but also give birth to new forms of crime in the economic sector. In international practice, the recognition of corporations as subjects of criminal law has been going on for a long time: in the United States. Indonesia began to recognize corporations as perpetrators of criminal acts since the Emergency Law of 1951 and especially Law No. 7 Drt 1955 concerning Economic Crimes. However, in law enforcement practices, especially in the old Criminal Code (KUHP) regime, perpetrators of criminal acts still focus on individuals. This often causes problems in the preparation of indictments when criminal acts involve corporations. The research method used in this study is normative. The research findings show that the most fundamental change in the legal policy of corporate crime in Indonesia is the transition from the old Criminal Code (KUHP), which did not recognize corporations as legal subjects, to the new Criminal Code (Law No. 1 of 2023), which explicitly establishes corporations as perpetrators of criminal acts. Thus, the New Criminal Code can be seen not merely as a replacement for the Old Criminal Code, but as an important milestone in the renewal of the national criminal law system that is progressive, adaptive, fair, and relevant to current and future global challenges. The success of this transformation depends heavily on careful implementation, the preparation of comprehensive implementing regulations, and ongoing supervision.
Co-Authors Amelia Tri Rahayu Marsya Ika R Nabila Tsabitah Nesa Claudia Putri Nur Husni Emilson Reni Okpirianti Resi Tri Daryanti