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All Journal REUSAM ; Jurnal Ilmu Hukum AKADEMIK: Jurnal Mahasiswa Humanis
Hamdani, Surya
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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EKSISTENSI PERADILAN ADAT PADA SISTEM HUKUM PIDANA DI INDONESIA DALAM UPAYA PEMBAHARUAN HUKUM PIDANA NASIONAL Hamdani, Surya; Ningrum, Annisa Danti Avrilia; Muammar, Muammar
Jurnal Ilmu Hukum Reusam Vol 12 No 1 (2024): REUSAM: Jurnal Ilmu Hukum - Mei 2024
Publisher : LPPM Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/reusam.v12i1.17992

Abstract

Although formally customary judiciary institutions are not yet included in the scope of general justice, in reality this mechanism is another alternative that is often pursued by justice seekers, especially in societies that are still based on traditional patterns of life with the norms that constitute them. The sense of justice that is not fulfilled by the formal legal system can sometimes be fulfilled by the customary justice mechanism. The research method uses the normative juridical method with an emphasis on literature study. analysis is carried out on legal norms, both law in statutory regulations and law in court decisions). The conclusion of this research is that the existence of Customary Law Courts in the legal system in Indonesia is very important to provide solutions to legal problems in general that intersect with the interests of the stakeholders of the Indigenous people and the Indigenous Peoples themselves. The basis for the existence of Adat Justice has been recognized for its existence in the Legal System in Indonesia which can be traced to its existence from several existing laws and regulations.
Kedudukan Korporasi sebagai Subjek Hukum Pidana dalam Tindak Pidana Pelanggaran Hak Asasi Manusia: Tinjauan terhadap KUHP dan Peraturan Perundang-Undangan Terkait Hasbi, Mhd.; Lubis, Muhammad Dhobit Azhary; Ningrum, Annisa Danti Avrilia; Hamdani, Surya
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 1 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i1.1776

Abstract

This study examines the unresolved legal gap concerning the status of corporations as subjects of criminal law in cases of human rights violations. Although the 2023 Indonesian Criminal Code explicitly recognizes corporations as criminally liable entities through the application of identification theory and corporate culture theory, the Human Rights Court Law still limits liability to individual perpetrators. This disharmony creates uncertainty and weakens efforts to address corporate involvement in serious human rights violations, particularly in cases involving systemic abuses, environmental destruction, and labor exploitation. The objective of this research is to analyze the juridical position of corporations under the 2023 Criminal Code and evaluate the extent to which existing legislation supports or fails to support the enforcement of corporate criminal liability in human rights violations. Using a normative juridical method, this study examines statutory provisions, legal principles, and relevant international instruments, including the United Nations Guiding Principles on Business and Human Rights. The findings show that the 2023 Criminal Code provides a more comprehensive framework for imposing corporate liability, including expanded forms of sanctions and clearer attribution standards. However, the absence of corporate liability provisions in the Human Rights Court Law presents a substantive obstacle to consistent law enforcement. The study concludes that legislative harmonization, strengthened institutional capacity, and the development of specialized procedural mechanisms are essential to ensure accountability for corporations implicated in human rights violations.
Co-Authors Hasbi, Mhd. Lubis, Muhammad Dhobit Azhary Muammar Muammar, Muammar Ningrum, Annisa Danti Avrilia