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Nabilah, Eva Albatun
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Law, Crime, Criminology & Criminal Justice

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A Critical Analysis of Corporate Criminal Liability in Law Number 1 of 2023 Samad, Rezki Purnama; Ardiansyah, Ardiansyah; Nabilah, Eva Albatun
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.515

Abstract

Although the codification of corporate criminal liability in Law Number 1 of 2023 marks a paradigmatic advancement in Indonesian criminal law, its implementation is overshadowed by normative vulnerabilities that could undermine legal certainty. This research aims to critically analyze the architecture of corporate criminal liability, as regulated in Articles 45 through 50 of Law Number 1 of 2023, to identify its inherent conceptual and structural problems. Using a normative legal research method supported by statutory and conceptual approaches, as well as systematic interpretation techniques, this study dissects each layer of the norms that construct this liability mechanism. The findings indicate that Law Number 1 of 2023 has progressively expanded the definition of criminal law subjects and the scope of perpetrators to include beneficial owners, while also formulating pragmatic criteria for corporate fault. However, behind this progress, two fundamental problems were identified. First is the normative ambiguity arising from open-ended phrases such as “or that which is equated to it,” which risks creating disparities in judicial decisions. Second is a structural disharmony reflected in the functional redundancy between Articles 47 and 49 of Law Number 1 of 2023. It is concluded that the effectiveness of this entire corporate criminal liability framework will heavily depend on the active role of the judiciary as a law-finder (rechtsvinder) to clarify normative obscurities. Therefore, the issuance of technical guidelines by the Supreme Court is an urgent necessity to ensure consistent and just implementation.
Model Rehabilitasi Anak Pelaku Kekerasan Seksual Pasca Undang-undang No. 12 Tahun 2022 Berdasarkan Prinsip Kepentingan Terbaik Bagi Anak Nabilah, Eva Albatun; P, Berthi Ramadhani
Esensi Hukum Vol 7 No 1 (2025): Juni - Jurnal Esensi Hukum
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/esensihukum.v7i1.465

Abstract

This study aims to examine the extent to which the implementation of rehabilitation for Children in Conflict with the Law (CICL) in cases of sexual violence aligns with the principle of the best interests of the child following the enactment of Law No. 12 of 2022 on Sexual Violence Crimes, as well as to identify an appropriate implementation model to ensure alignment with the best interests of the child in the future.This research is a normative legal study with a descriptive approach. The data used in this research are secondary data obtained from literature studies. The secondary data consist of primary, secondary, and tertiary legal materials. The data analysis in this study employs a qualitative analysis method.The study finds that the rehabilitation of Children in Conflict with the Law in cases of sexual violence has not fully met the principle of the best interests of the child due to the absence of regulations that accommodate specific rehabilitation measures for children involved in such cases. The failure to fulfill this principle is not the fault of the implementing institutions but rather the result of a lack of regulatory frameworks that provide for specialized rehabilitation for children in cases of sexual violence.To ensure that rehabilitation for Children in Conflict with the Law in cases of sexual violence aligns with the principle of the best interests of the child in the future and to minimize the risk of recidivism, assessments must be conducted by professional teams who consider the child’s specific circumstances. Rehabilitation should be tailored to the child's special needs, include rehabilitation programs for the family, be supported by clear regulations that guide the rehabilitation model, and be implemented by human resources who possess a strong understanding of children's rights and needs. Keywords: Rehabilitation, Children in Conflict with the Law, Sexual Violence, Best Interests of the Child
Co-Authors ARDIANSYAH ARDIANSYAH P, Berthi Ramadhani Samad, Rezki Purnama