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All Journal Brawijaya Law Journal : Journal of Legal Studies International Journal of Law, Crime and Justice RechtJiva
Alfons Zakaria
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Humanities Law, Crime, Criminology & Criminal Justice

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Criminal Law Enforcement of Indonesian Commerce Act Number 7 the Year 2014 for Corporation Perpetrators: Why It Will Be Difficult Zakaria, Alfons
Brawijaya Law Journal Vol 6, No 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.01

Abstract

Indonesian laws have recognized the legal person as a subject of criminal law. It can be seen in all regulations enacted recently acknowledging that “any person” is a natural person (natuurlijk persoon) and legal person (rechtspersoon) who are liable for criminal punishments. Related to legal person or corporation, Indonesia, on the other hand, regulates corporate criminal responsibility differently in every single law. Some laws contain complete provisions, but others may fail to set the regulation properly. The Indonesian Commerce Act Number 7 the year 2014, for example, the legislators might miss drawing the provisions regulating corporate criminal responsibility. The Act recognizes corporations as a legal subject, but there is the absence of provisions related to when corporations shall be categorized committing a crime, which party shall be responsible when corporations shall be responsible, and what punishments shall be proper for corporations. Furthermore, it is commonly used, that if there is an absence of criminal law provisions in an act, the Criminal Code and Criminal Procedure Code will be the referral sources. In terms of corporate criminal responsibility regulation, however, both the Criminal Code and Criminal Procedure Code do not recognize the corporation as the subject of criminal law. Thus, the codes may not suitable as the referral sources for corporate crime law. Unfortunately, corporations violating the Act, then, will be difficult to be enforced in the judicial process. As a legal research paper, it will argue that the absence of the provision related to corporate criminal responsibility leads to the failure of law enforcement of corporation wrongdoings by presenting prospective consequences of the absence of such provisions.
Criminal Law Enforcement of Indonesian Commerce Act Number 7 the Year 2014 for Corporation Perpetrators: Why It Will Be Difficult Zakaria, Alfons
Brawijaya Law Journal Vol. 6 No. 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.01

Abstract

Indonesian laws have recognized the legal person as a subject of criminal law. It can be seen in all regulations enacted recently acknowledging that “any person” is a natural person (natuurlijk persoon) and legal person (rechtspersoon) who are liable for criminal punishments. Related to legal person or corporation, Indonesia, on the other hand, regulates corporate criminal responsibility differently in every single law. Some laws contain complete provisions, but others may fail to set the regulation properly. The Indonesian Commerce Act Number 7 the year 2014, for example, the legislators might miss drawing the provisions regulating corporate criminal responsibility. The Act recognizes corporations as a legal subject, but there is the absence of provisions related to when corporations shall be categorized committing a crime, which party shall be responsible when corporations shall be responsible, and what punishments shall be proper for corporations. Furthermore, it is commonly used, that if there is an absence of criminal law provisions in an act, the Criminal Code and Criminal Procedure Code will be the referral sources. In terms of corporate criminal responsibility regulation, however, both the Criminal Code and Criminal Procedure Code do not recognize the corporation as the subject of criminal law. Thus, the codes may not suitable as the referral sources for corporate crime law. Unfortunately, corporations violating the Act, then, will be difficult to be enforced in the judicial process. As a legal research paper, it will argue that the absence of the provision related to corporate criminal responsibility leads to the failure of law enforcement of corporation wrongdoings by presenting prospective consequences of the absence of such provisions.
Urgensi Pengaturan Pertanggungjawaban Pidana atas Tindakan yang Dilakukan oleh Autonomous Artificial Intelligence Yudhistira, Ade Rangga Permana; Zakaria, Alfons
RechtJiva Vol. 3 No. 1 (Maret 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v3n1.9

Abstract

The rapid advancement of Autonomous Artificial Intelligence (Autonomous AI) has introduced significant legal challenges, particularly concerning criminal liability for independent AI actions without human intervention. In Indonesia, this issue is exacerbated by regulatory gaps within the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), which currently do not accommodate autonomous non-human entities. Utilizing a normative juridical research method with statutory, conceptual, and comparative approaches specifically referencing the EU AI Act this study highlights a critical void in applying the principles of mens rea and actus reus to AI systems. Consequently, this research recommends a comprehensive legal reform of the KUHP and UU ITE, proposing a risk-based liability model, mandatory human oversight for high-risk systems, and algorithmic transparency to ensure legal certainty and foster safe, ethical AI innovation in Indonesia.
From Regulatory Gaps to Legal Reform: The Criminalization of Corruption by Private Corporate Officials Abdul Tono; Faizin Sulistio; Alfons Zakaria
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v4i3.935

Abstract

This study examines the urgency of criminalizing corruption in the private corporate sector within the Indonesian legal system. Despite Indonesia’s ratification of the United Nations Convention Against Corruption (UNCAC) through Law Number 7 of 2006, the current anti-corruption legal framework remains primarily focused on state losses, leaving a regulatory gap in addressing inter-private corruption. This research employs a normative legal approach to analyze the implications of this legal vacuum on market integrity, corporate governance, and economic development. The findings indicate that the absence of comprehensive regulation on private sector corruption weakens law enforcement, facilitates anti-competitive practices such as cartels and bid rigging, and undermines investor confidence. Furthermore, it disrupts fair business competition, harms shareholders’ interests, and contributes to inefficiencies in resource allocation. The study argues that criminalizing corruption in the private sector is essential not only to fulfill international obligations under UNCAC but also to promote healthy competition, protect public and corporate interests, and support sustainable economic growth. It recommends the formulation of specific criminal provisions addressing private sector corruption, strengthening corporate accountability mechanisms, and integrating enforcement across legal sectors to ensure effective prevention and deterrence.
Kriminalisasi Sekstorsi dalam KUHP 2023: Urgensi Pengaturannya Nurhaliza, Eva; Zakaria, Alfons
RechtJiva Vol. 3 No. 2 (Juli 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Sexual extortion (sextortion) is a crime combining extortion and sexual violence through abuse of power to coerce victims into sexual services. Despite its serious impact on human dignity and public trust, Indonesia's criminal law, including the 2023 Criminal Code, has not explicitly regulated sextortion as a separate offense, creating legal impunity for perpetrators and inadequate victim protection. This study analyzes the urgency of regulating sextortion and formulates an ideal legal provision through comparative study. Using normative juridical methods with statutory, comparative, and conceptual approaches, this research examines primary materials from Indonesian laws and secondary materials from Alabama Code § 13A-6-241 and Arkansas Code § 5-14-113. The findings reveal three fundamental urgencies: protecting human dignity from non-physical coercion, preventing exploitation of power asymmetry, and establishing clear legal boundaries between extortion and sexual violence. Based on comparative analysis, the ideal formulation must adopt objective elements including threats to compel sexual acts by exploiting power relations, along with subjective elements of perpetrator intent. The offense should be categorized as an ordinary crime with proportional criminal sanctions to protect victim dignity and prevent sexually motivated abuse of power.
Co-Authors Abdul Tono Faizin Sulistio Nurhaliza, Eva Yudhistira, Ade Rangga Permana