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All Journal Batara Wisnu : Indonesian Journal of Community Services Jurnal Ekonomi Review Gajah Putih (GPJER) Biram Samtani Sains Jurnal Pengabdian Masyarakat Bhinneka CONSEN: Indonesian Journal of Community Services and Engagement Jurnal Pengabdian Kolaborasi dan Inovasi IPTEKS Jurnal Pengabdian Masyarakat dan Riset Pendidikan Ipso Jure
Fatma, Mawarni
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Journal : Ipso Jure

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Corporate Criminal Responsibility in Land Grabbing Crime Reumi, Frans; Iskandar PP, Agus; Fatma, Mawarni
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rcxyps74

Abstract

Land grabbing by corporate entities is a form of structural crime that has a wide impact on land rights, the environment, and social justice in Indonesia. This practice is carried out through various manipulative mechanisms such as falsification of documents, power co-optation, and legal-formal but socially illegitimate land tenure. Unfortunately, the national criminal law framework has not been fully able to reach the complexity of these corporate crimes. This study aims to analyze corporate criminal liability in agrarian crimes with a normative juridical approach through a study of the Criminal Code, UUPA, and PPLH Law. The theory of corporate criminal liability and the concept  of piercing the corporate veil are used to connect structural errors in the corporate body with criminal offenses that occur. The results of the study show that there are normative gaps and weaknesses in law enforcement, especially in making corporations the subject of crime effectively. Therefore, it is necessary to integrate criminal, agrarian, and environmental law, as well as the establishment of special criminal norms that are lex specialis in agrarian law. The novelty of this research lies in the offer of reconstruction of corporate criminal law enforcement based on substantive justice. This reform is expected to be able to encourage agrarian sovereignty and the protection of people's constitutional rights
Reformulation of Criminal Sanctions for Recidivist Corruption Offenders Rifqi, Pramidazzura Alifa; Fatma, Mawarni
Ipso Jure Vol. 2 No. 11 (2025): Journal of Ipso Jure-December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/qemcpn49

Abstract

Corruption crimes as extraordinary crimes remain a serious challenge within Indonesia’s criminal justice system, particularly when offenders repeatedly commit corruption after serving their sentences. The phenomenon of corruption recidivism indicates the limited effectiveness of existing criminal sanctions. This study aims to examine the normative vacuum in regulating criminal sanctions for repeat corruption offenders and to formulate directions for reformulating more proportional and effective sanctions. This research employs a normative juridical method using statutory, conceptual, and limited comparative approaches. The findings reveal that Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 on the Eradication of Corruption Crimes does not explicitly regulate aggravated sanctions for corruption recidivists, while recidivism provisions in Law Number 1 of 2023 on the National Criminal Code remain general in nature. This normative gap results in sentencing inconsistency and weak deterrent effects. The study recommends reformulating criminal sanctions through explicit regulation of corruption recidivism, strengthening additional penalties, and synchronizing the Anti-Corruption Law with the National Criminal Code to enhance the effectiveness of corruption eradication and substantive justice.
Co-Authors AB, Subhan Amiruddin Amiruddin Amna Amna, Amna Amna, Amna Amna Amru Bin As, Amru Asri, Rahmadi Asry, Lenawati Aswad, Hajar Basyirah, Basyirah Delvia, Delvia diana, Rahma Erna Erna, Erna Fahmi, Rizkan Frans Reumi, Frans Harahap, Viana Safrida Iskandar PP, Agus Kamarudin, Anna Permatasari Khairani, Elisa M, Abd. Jalil M., Abd Jalil, Mah, Hijrah Nikmah, Askura Nuri Aslami Ramiati Ramiati Ratna Dewi Ratnawati Ratnawati Rifqi, Pramidazzura Alifa Rosalina, Olyfia ruddin, Kama Suknah , Suknah Suknah, Suknah Syahidin Syahidin, Syahidin Zainuddin, Zainuddin Zainudin