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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum KANUN: JURNAL ILMU HUKUM
Yuliati Yuliati
Faculty of Law, Universitas Brawijaya
Law, Crime, Criminology & Criminal Justice

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FROM RETRIBUTION TO RESTORATION: INTEGRATING BANKRUPTCY MECHANISMS INTO INDONESIAN CORPORATE CRIMINAL LIABILITY Ricki Pratama; Yuliati Yuliati; Abdul Madjid
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.253

Abstract

The ineffectiveness of existing mechanisms for recovering victim losses has been contested in Indonesian criminal law. The New Criminal Code stipulates additional penalties like compensation; however, there is a lack of clear execution guidelines, often resulting in "non-executable" judgments, especially in complex cases with numerous victims. This article addresses the question of how to reconceptualize corporate criminal liability to prioritize the tangible restoration of victim losses through alternative legal instruments. Using a normative juridical method with a conceptual and case-based approach, the study analyses the current legal framework and relevant judicial precedents, such as the First Travel case. The findings reveal that compensation ordered in a final criminal judgment can be legally qualified as a "due and payable debt," thereby fulfilling the requirements of the Bankruptcy and Suspension of Debt Payment Obligation (PKPU) Law (Act 37/2004). By positioning the bankruptcy process as a post-conviction executive mechanism, the state or victims can act as preferred creditors, allowing for the collective and centralized management of corporate assets under court supervision. This study contributes to knowledge lies in the formulation of a victim-oriented corporate criminal liability model that shifts the legal paradigm from a retributive approach to a restorative one. This reconceptualization ensures that corporate liability serves as a functional instrument for ensuring justice through the actual recovery of losses rather than relying on ineffective substitute penalties.
Exploring the Role of Digital Forensics in Identifying Cyber Crime in Indonesia's Criminal Procedure Law Cindy Monique; Yuliati Yuliati; Faizin Sulistio
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4068

Abstract

Digital forensics is an indispensable component in the process of detecting and examining cybercrimes in accordance with the Criminal Procedure Law of Indonesia.This study investigates where digital forensics fits into Indonesia's Criminal Procedure Law for cybercrime detection. As cybercrime rises, it's important to understand how digital forensics can investigate and prosecute cybercrimes. This study examines Indonesian digital forensics law and practice using normative legal research. The author employs normative legal research procedures in this specific legal study. This study found that due to laws, Indonesia needs digital forensics to protect electronic evidence. Treat electronic evidence differently than physical. Indonesian courts' use of digital forensics is valued since cybercriminals can tamper with electronic evidence. The processes manage cybercrime electronic evidence legally. Validation of criminal procedure. Criminal procedural laws must be enforced by police, prosecutors, legal experts, and judges. Police should standardize electronic evidence management with digital forensics. In wealthier nations like the US, digital forensics protects electronic evidence
Co-Authors Abdul Madjid Cindy Monique Faizin Sulistio Ricki Pratama