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All Journal Pemuliaan Keadilan Konsensus: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Muzakki Ayatulloh GH
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Hukum Adat Dayak Kalis di Kalimantan Barat Muzakki Ayatulloh GH; Ronan Marsa Salatun; Arief Fuad Dimyati; Rahayu Sri Utami
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 2 No. 3 (2025): Juni : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v2i3.999

Abstract

This study aims to analyze the customary law system that applies in the Dayak Kalis community in West Kalimantan and examine its relationship with national formal law. Dayak Kalis customary law is an unwritten legal system that develops from the norms and customs of indigenous communities, and functions as a guideline in resolving disputes and regulating social life. In practice, this law emphasizes the values ​​of restorative justice and deliberation by consensus, with types of punishments adjusted to the level of violation, such as Saut, Setanga'Baar, Pati Nyawa, and Adat Kampung. The study uses a normative method with a document approach, legislation, and legal theory. The results of the study indicate that Dayak Kalis customary law remains recognized in the national legal system as long as it does not conflict with generally applicable laws. The existence of this customary law reflects the importance of preserving local wisdom as an integral part of the pluralistic Indonesian legal system.
Pertanggungjawaban Pidana Korporasi pada BUMN: Kasus Korupsi Penjualan Komoditas di Perum Bulog Jakarta (2022–2023) Muzakki Ayatulloh GH; Nur’ainy Agmilya Sasmitha; Rahayu Sri Utami
Pemuliaan Keadilan Vol. 3 No. 1 (2026): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i1.1484

Abstract

This study discusses the function of corporate criminal liability for State-Owned Enterprises (SOEs), particularly SOEs, by examining a case of corruption in the sale of commodities at Perum Bulog Jakarta in 2022-2023, which caused financial losses to the state amounting to approximately IDR 7.192 billion. This case illustrates the abuse of authority by SOE officials, which not only reflects individual violations but also is a symptom of weaknesses in the culture of internal control and compliance in state-owned companies. The purpose of this study is to examine the regulation and application of the principle of corporate criminal liability in State-Owned Enterprises (SOEs) with reference to Law Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption Crimes, the latest Criminal Code (Law Number 1 of 2023), and Supreme Court Regulation Number 13 of 2016. The method used is normative legal research with a juridical approach, which focuses on the review of legislation, the concept of corporate criminal liability, and the analysis of related court decisions. The results of the study show that acts of corruption involving Bulog have fulfilled the elements of corporate criminal liability, because they were carried out in the exercise of official authority and were intended for the benefit of the institution. The application of the provisions in the new Criminal Code, particularly Articles 45 to 47 and Article 118, confirms the position of corporations as legal subjects in the criminal law system. The implications of this research highlight the need to strengthen the Good Corporate Governance (GCG) system in SOEs and the need for consistent enforcement of corporate criminal liability by law enforcement officials to ensure justice, transparency, and the prevention of structural corruption in Indonesia.
Co-Authors Arief Fuad Dimyati Nur’ainy Agmilya Sasmitha Rahayu Sri Utami Ronan Marsa Salatun