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All Journal Sriwijaya Law Review MILRev: Metro Islamic Law Review
Mia Amiati
Faculty Of Law Airlangga University
Religion Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Human Rights Violations and Corporate Criminal Liability: An Analysis of the New Indonesian Criminal Law Mia Amiati; Adhryansah Adhryansah; Iman Prihandono
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3687.pp230-248

Abstract

In light of the increasing role of corporations in facilitating gross human rights violations, this article seeks to evaluate the implementation of the Indonesian Criminal Law in addressing corporate criminal liability. Notably, the recently amended Indonesian Criminal Law recognizes corporations as subjects of criminal law, but Law No. 26 of 2000, which regulates gross human rights violations, does not. Consequently, this research specifically scrutinizes the Indonesian Criminal Code, Law No. 26 of 2000, and international legal standards to answer the issues: rules of aiding and abetting under international criminal law and the applicability of corporate culture theory, and the implementation of Indonesian Criminal Law in addressing corporate criminal liability for gross human rights violations. Examining these issues relies on three methodologies, namely the statutory approach, conceptual approach, and case approach. The results of this article uncover that the recognition of corporations as subjects under the new Indonesian Criminal Code and rectification of the ratione materiae of Law No. 26 of 2000 open the avenue for corporations to be held criminally liable for gross human rights violations based on aiding and abetting. Furthermore, the theory of corporate culture envisaged in the new Indonesian Criminal Code renders the plausibility of holding corporations liable if they are deemed to cultivate a culture that pushes or encourages a gross human rights violation. 
Transformation of Public Trust in Restorative Justice by the Prosecutor's Office: An Islamic and Social Law Approach in the Contemporary Era Hadi Sucipto; Falih Suaedi; Erna Setijaningrum; Mia Amiati; Rachmat Suhaimi Nasution
MILRev: Metro Islamic Law Review Vol. 3 No. 2 (2024): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v3i2.9938

Abstract

This study examines the transformation of public trust in implementing restorative justice by the prosecutor's office in Indonesia, particularly in a contemporary era that demands a more inclusive and responsive legal approach. Using a qualitative approach, this research combines insights from Islamic law and social studies to examine the factors influencing public trust in restorative justice and the prosecutor's role in resolving conflicts and promoting social harmony. The study gathers insights through in-depth interviews with legal academics, prosecutorial practitioners, and community representatives, aiming to understand their perceptions of the effectiveness and fairness of the restorative justice process. From the Islamic law perspective, the study highlights a normative framework rooted in values of justice, consultation (shura), and restoration (islah), which closely align with the core principles of restorative justice. Social studies provide additional depth by exploring the influence of individual experiences, legal awareness, and public perceptions of the prosecutor's office on trust dynamics. The findings indicate a gradual increase in public trust in restorative justice within Indonesia, reflecting growing acceptance of its potential as an alternative to conventional punitive measures. However, significant challenges persist, particularly regarding transparency and consistency in its implementation by the prosecutor's office. Studies on similar cases worldwide reveal that transparent processes and accountability are essential for maintaining public confidence, underscoring the importance of addressing these gaps in Indonesia. By positioning restorative justice as a culturally resonant and equitable alternative within Indonesia's legal framework, the study provides actionable insights for policymakers and practitioners striving to create a justice system that aligns with societal needs and ethical values.
Incorporating Islah Principles into Restorative Justice:  Bridging Contemporary Legal Practice and Islamic Values Joko Budi Darmawan; Fendy Suhariadi; Suparto Widjojo; Mia Amiati; Amjad Hamad Abdullah
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10435

Abstract

The concept of islah in Islamic law emphasizes peaceful conflict resolution through mediation, compromise, and forgiveness—principles that align closely with the restorative justice approach in modern legal systems. This article aims to explore the integration of islah values into the restorative justice framework, as well as how the concept of reconciliation in both positive law and Islamic law can be recontextualized in the contemporary era. This study employs a qualitative method using a normative-juridical and comparative approach based on a literature review of primary and secondary sources, including classical Islamic legal texts (turath), statutory regulations, and policy documents on restorative justice practices in Indonesia and selected Muslim-majority countries. The findings indicate that islah values hold significant potential to enrich restorative justice practices, particularly in strengthening participatory justice and the restoration of social relationships. The recontextualization of reconciliation not only opens space for dialogue between positive law and Islamic law but also offers a more humanistic, contextual, and community-responsive model of conflict resolution. The article recommends enhancing legal regulations to incorporate islah-based approaches within Indonesia's criminal justice system as part of a broader effort to harmonize national legal norms with Islamic values. Its academic contribution lies in providing a constructive foundation for the theoretical and normative integration of islah values into the national legal system through restorative justice while offering a new paradigm for resolving criminal cases in a more contextualized manner.
Co-Authors Adhryansah Adhryansah Amjad Hamad Abdullah Erna Setijaningrum Falih Suaedi Fendy Suhariadi Hadi Sucipto Iman Prihandono Joko Budi Darmawan Rachmat Suhaimi Nasution Suparto Widjojo