Andi Maysarah
Universitas Muhammadiyah Sumatera Utara

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Tanggung Jawab Pidana Korporasi atas Kekerasan Seksual dari Perspektif Keadilan Andi Maysarah; Ida Hanifah; Faisal
DIKTUM: Jurnal Syariah dan Hukum Vol. 25 No. 1 (2027): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v25i1.16640

Abstract

Background:   The recognition of corporations as subjects of criminal law in Indonesia has evolved significantly, yet its application in cases of sexual violence remains a complex legal challenge. Although Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) recognizes corporations as criminal subjects, the absence of judicial precedents imposing criminal liability on corporations indicates a persistent gap between progressive legal norms and enforcement practices, thereby limiting substantive justice for victims. Purpose:    This study aims to analyze the construction of corporate criminal liability in sexual violence cases, examine the implementation of justice in corporate sanctioning mechanisms, and formulate an integrative liability model grounded in theories of justice and Maqashid al-Shari‘ah that strengthens victim protection within the Indonesian legal framework. Methods: This study employs a normative juridical approach supported by conceptual, comparative, and philosophical analyses. The analysis integrates Indonesian positive law, particularly the UU TPKS and corporate criminal liability doctrine, with fiqh jinayah and Maqashid al-Shari‘ah to examine the normative basis, limitations, and possible reconstruction of corporate liability for sexual violence Results:     The study finds that, although the UU TPKS recognizes corporations as criminal subjects, the enforcement framework remains constrained by unclear attribution standards, difficulties in establishing corporate mens rea, and the absence of effective victim-centered mechanisms. The analysis further shows that the principles of mas’uliyyah jama‘iyyah, diyat, ta‘zir, and Maqashid al-Shari‘ah provide a normative basis for strengthening collective responsibility, compensation, structural reform, and the restoration of victims’ dignity. On this basis, the study proposes an Integrative Corporate Criminal Liability Model that combines an extended liability basis, a Corporate Mandatory Victim Fund, a Mandatory Structural Reform Order, and Victim Dignity Restoration. Implication  The findings support the reconstruction of corporate criminal liability under Indonesian law toward a more victim-centered and substantively just framework by integrating modern criminal law doctrine with the objectives of Maqashid al-Shari‘ah, particularly the protection of life, dignity, and human integrity.riginality:   This study offers a distinctive contribution by developing an integrative model of corporate criminal liability for sexual violence grounded in theories of justice and Maqashid al-Shari‘ah. O