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All Journal Nurani Hukum : Jurnal Ilmu Hukum Probono and Community Service Journal SCLS
Reine Rofiana
Faculty of Law, Universitas Sultan Ageng Tirtayasa
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Review of Corporate Crime Against Sanctions as Substitute for Fines (District Court of Serang, Banten, Indonesia) Reine Rofiana
Nurani Hukum Vol. 5 No. 2 December 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v5i2.14026

Abstract

This study aims to examine, analyze and understand the concept of corporate criminal responsibility and the reformulation of alternative criminal penalties against corporations for unpaid fines. Several criminal cases that have been resolved at the Serang District Court until 2020 have not found a single corporation that has been tried and convicted for committing a corporate crime. The judge is only passive, the judge's authority is only to examine, hear and decide cases based on the indictment made by the public prosecutor. Return of court case files to the prosecutor's office only if the indictment does not meet material requirements. PERMA Number 13 of 2016 does not regulate if the criminal fine cannot be paid by the corporation due to insufficient or non-existent corporate assets. This research was conducted in a normative juridical manner so that the disclosure was bound by a method based on the requirements of deductive logic, prioritizing literature studies with secondary data bases, namely primary, secondary and tertiary legal materials. In terms of evidence in court, if the fact is found that the corporation should also be a legal subject who can be held criminally responsible, the public prosecutor should have made a separate indictment for the legal subject of the corporation so that the corporation does not escape its responsibility. The provisions in PERMA No. 13 of the Year should regulate corporate assets if they do not pay the fines enough or even do not have the assets to pay the fines. Law enforcement officials should investigate the assets of the corporation first.
Empowering Communities: A Path to Reducing Domestic Violence through Economic Resilience Ferry Fathurokhman; Reine Rofiana
Probono and Community Service Journal Vol 2, No 2 (2023): Empowering Communities: Legal Frameworks for Enhanced Rights, Resilience, and En
Publisher : Faculty of Law, Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/pcsj.v2i2.21781

Abstract

The Ciboleger Barokah Valley Community, comprising 115 individuals, represents a marginalized Baduy community in Bojong Menteng Village, Leuwidamar District, Lebak Regency. The Baduy tribe adheres to the Sundanese Wiwitan religion, and those who convert to other faiths can no longer live in Kanekes Village, their ancestral home. Most Baduy individuals in Ciboleger Valley lack formal education and employment, often experiencing social isolation and separation from their extended families. These conditions elevate the risk of social issues, including domestic violence, due to economic fragility, as they struggle to meet daily needs. To address these challenges, a program offers financial literacy and legal education. This initiative aims to reduce domestic violence and enhance economic resilience. Financial literacy is delivered through counselling and entrepreneurship training, with a focus on kinca serabi and mustofa potato production by the Dapur Mimih Serang culinary brand. Interactive training engages the local community through discussions, question-and-answer sessions, practical exercises, and business exploration, fostering Self-Help Groups within the community. The program's holistic approach seeks to empower this marginalized community academically, economically, and legally.
CRIMINAL LAW POLICY ON ECOCIDE AS A SERIOUS HUMAN RIGHTS VIOLATION IN INDONESIA Herdi Hidayat; Muhyi Mohas; Reine Rofiana
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.6052

Abstract

This study is motivated by humanity’s arbitrary treatment of the environment, which has given rise to a new term: ecocide. Indonesian law has not yet recognized ecocide as a grave violation of human rights. This has resulted in weak enforcement of environmental laws against perpetrators and limited access to justice for victims. Unlike previous studies, which generally only discuss ecocide as an environmental crime that violates ordinary human rights, this study analyses ecocide through the perspective of gross human rights violations and determines the direction of criminal law policy needed to accommodate this concept within national law. The methods used in this study are normative legal research employing a statutory approach and a conceptual approach. The data were derived from secondary sources, including primary and secondary legal materials, as well as literature obtained through a literature review. The findings indicate that ecocide shares the same characteristics as gross human rights violations, namely the elements of widespread and systematic nature; this is what distinguishes it from ordinary environmental crimes. Indonesia’s environmental legal policy, through the Environmental Protection and Management Law (UU PPLH), already provides for criminal sanctions and fines; however, these regulations are not yet optimal. This is due to the lack of provisions categorizing ecocide as a form of gross human rights violation, making it difficult to prosecute perpetrators under a robust legal framework. This study proposes a formulation of criminal law policy through amendments to the Human Rights Court Law and the inclusion of ecocide as a gross human rights violation. Key points to consider include: recognizing corporations as legal entities that can be held accountable; optimizing the concept of strict liability; making criminal sanctions the primary remedy; and ensuring the fulfillment of victims’ rights through compensation, restitution, restoration of damaged environments, and socio-economic rehabilitation.
Co-Authors Ferry Fathurokhman Herdi Hidayat Muhyi Mohas