CORPORATE CRIMINAL LIABILITY IN CASES OF SEXUAL VIOLENCE (A COMPARATIVE STUDY OF LAW NUMBER 12 OF 2022 ON CRIMINAL ACTS OF SEXUAL VIOLENCE AND ISLAMIC CRIMINAL LAW)

Abstract

This research examines corporate criminal liability in cases of sexual violence through a comparative study between Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence and Islamic Criminal Law. The increasing cases of sexual violence involving corporations as perpetrators or facilitators necessitate a comprehensive legal framework to ensure accountability. This study aims to analyze the concept of corporate criminal liability in sexual violence cases under Indonesian positive law, particularly Law Number 12 of 2022, and compare it with the principles of criminal liability in Islamic Criminal Law. The research employs normative legal research methods with statutory, comparative, and conceptual approaches. The findings reveal that Law Number 12 of 2022 recognizes corporations as legal subjects that can be held criminally liable for sexual violence, implementing the principle of vicarious liability and corporate culture as basis for accountability. Meanwhile, Islamic Criminal Law does not explicitly recognize corporations as criminal subjects, focusing instead on individual accountability based on the principle of personal responsibility. However, Islamic legal concepts such as ta'zir punishment and the principle of preventing harm (sadd al-dzari'ah) provide alternative mechanisms for addressing corporate involvement in sexual violence. This research concludes that while both legal systems differ in their approach to corporate liability, integrating principles from Islamic Criminal Law could strengthen the enforcement of Law Number 12 of 2022, particularly in developing preventive measures and restorative justice mechanisms in cases of corporate-related sexual violence.