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All Journal Istinbath: Jurnal Hukum dan Ekonomi Islam International Journal of Law, Crime and Justice
Musmuliyadin, Musmuliyadin
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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The Implementation of Restorative Justice in Cases Involving Corporate Perpetrators Farman, Eka; Suherman, Suherman; Farid , Muhammad; Maskur, Maskur; Syamsuddin, Syamsuddin; Musmuliyadin, Musmuliyadin
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.679

Abstract

This normative legal study examines the potential and challenges of implementing restorative justice approaches in cases involving corporate perpetrators within Indonesia's criminal justice system. The research employs statute, conceptual, and case approaches to analyze legal principles, norms, and court decisions related to corporate criminal liability and restorative justice mechanisms. Through comprehensive literature review of international academic databases and examination of Indonesia's legal framework, including the New Criminal Code of 2023 and Prosecutor's Regulation No. 15 of 2020, the study reveals that restorative justice offers a transformative alternative to traditional retributive models by prioritizing restoration, rehabilitation, and reconciliation between corporate offenders, victims, and affected communities. The dual track system selective model emerges as the most appropriate framework for corporate restorative justice implementation, enabling selective application while maintaining prosecutorial discretion for serious offenses. However, significant challenges persist, including the absence of specific regulatory frameworks for corporate actors, structural complexities arising from the non-personified nature of corporate entities, and profound power imbalances between corporations and victims that threaten process integrity. The study demonstrates that successful implementation requires comprehensive legal reforms, enhanced institutional capacity, robust victim support mechanisms, and safeguards against corporate manipulation. The research concludes that while restorative justice holds considerable promise for enhancing corporate accountability and victim restoration, effective implementation is contingent upon establishing clear legal frameworks, technical guidelines, and protective measures that address inherent power asymmetries between corporate offenders and their victims.
FORMULATION OF ISLAMIC CRIMINAL LAW POLICY AS A JURIDICAL INSTRUMENT FOR MAINTAINING THE BALANCE OF POWER AMONG STATE INSTITUTIONS Suryadin, Suryadin; Arkiang, Bachder Syarif; Yumansyah, Diky; Mohammad, Burhanuddin; Syamsuddin, Syamsuddin; Musmuliyadin, Musmuliyadin; Putra, Anggar
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.1043

Abstract

This study conceptually explores the possibility of integrating Islamic criminal law, particularly the doctrine of taʿzīr, into Indonesia’s constitutional framework of checks and balances. Rather than proposing an institutional mechanism, the paper normatively analyzes how Islamic ethical values such as ʿadl (justice), maslahah (public welfare), and hisbah (moral accountability) can enrich the moral foundation of state governance. The analysis is conducted through a qualitative normative approach based on secondary legal materials, including constitutional theory, Islamic jurisprudence, and contemporary scholarly discourse. The paper argues that taʿzīr, while traditionally applied to individual moral violations lacking explicit textual sanctions, may serve as a philosophical reference for enhancing ethical responsibility among state officials. However, this requires a clear epistemological distinction between taʿzīr as a moral-legal doctrine and checks and balances as a political-institutional system. The integration, therefore, should not be understood as a merger of institutional powers but as a normative dialogue between divine ethics and constitutional governance. The study concludes that Islamic criminal law contributes by offering an ethical corrective dimension to Indonesia’s democratic system, emphasizing moral accountability and justice without undermining legal pluralism or constitutional principles.
Co-Authors Arkiang, Bachder Syarif Farid , Muhammad Farman, Eka Maskur Maskur Mohammad, Burhanuddin Putra, Anggar Suherman, Suherman Suryadin, Suryadin Syamsuddin Syamsuddin Yumansyah, Diky