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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Journal Evidence Of Law Journal of Innovation Research and Knowledge POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) PENANOMICS: INTERNATIONAL JOURNAL OF ECONOMICS Jurnal Hukum Indonesia Mutiara: Multidiciplinary Scientifict Journal Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah LAWPASS Jurnal Sains, Ekonomi, Manajemen, Akuntansi dan Hukum
Maryano, Maryano
Unknown Affiliation
Arts Humanities Chemistry Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mathematics Mechanical Engineering Public Health Social Sciences Other

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The Concept Of Liability As Legal Protection For Notaries Exercising Authority In Indonesia Kirana, Claradyta; Maryano, Maryano; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.937

Abstract

This research examines the legal protection for notaries in exercising their authority, especially when there are allegations of errors in making deeds that can have an impact on criminal or civil lawsuits. The phenomenon of increasing lawsuit cases against notaries indicates the existence of legal uncertainty in this profession, which encourages the urgency of formulating a clearer concept of legal protection. Using the theory of liability, this research analyses the limits of notary responsibility as well as the concept of legal protection that can provide prevention against unfounded claims. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results show that notaries need legal protection that can balance their duties and authorities, especially in relation to the limits of liability and the application of liability. The proposed concept of legal protection covers two aspects, namely preventive and repressive, to ensure that notaries can perform their duties independently and are safe from excessive legal threats. The conclusion of this research is expected to contribute to the formation of legal policies that strengthen protection for notaries and clarify the role of the state in providing guarantees to the integrity of the notary profession in Indonesia.
Juvenile Offenders and Criminal Sanctions: A Legal Perspektive on Child Perpetrators Of Violence Ningsih, Eci Marisna; Maryano, Maryano; Akkapin , Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.939

Abstract

This research aims to analyze criminal sanctions applied to child perpetrators of violence in Indonesia with a focus on aspects of rehabilitation and child protection. Using a qualitative approach, this study found that criminal sanctions for children are not only oriented towards punishment but also towards recovery and social reintegration. Factors that cause violence, such as family background and social environment, contribute to children's behavior. The results of this study indicate the need for a comprehensive approach to law enforcement and efforts to prevent violence among children. This research recommends improving rehabilitation programs and more effective legal protection for children in conflict with the law..
The Role Of The Investigative Audit Report Of The Supreme Audit Agency In Proving Corruption Hendri, Fahzal; Maryano, Maryano; Nara, Vicheth
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.945

Abstract

This study aims to analyze the factors that influence corruption in Indonesia, as well as the role of the Supreme Audit Agency (BPK) in law enforcement and state financial management. Using a qualitative approach and normative legal analysis, this research finds that corruption has various forms and typologies regulated in Law No. 31 of 1999. BPK plays an important role in identifying state losses through the Audit Report (LHP), which serves as evidence in handling corruption cases. This research recommends improvements in the legal system and capacity building of the BPK as well as cooperation with law enforcement officials to effectively achieve the goal of eradicating corruption
Legal Protection Of Children In Mixed Marriages In Indonesia Fuspitasari, Nova; Maryano, Maryano; Somajaipeng , Kacha
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.949

Abstract

This research aims to analyse the legal protection of children from mixed marriages in Indonesia, focusing on the issue of citizenship and basic rights of children. In the context of Indonesian law, the citizenship of children of mixed marriages is often an issue of legal uncertainty, impacting on children's inheritance rights, education, health and social welfare. Although Indonesia has a legal basis that provides for limited dual citizenship for children of mixed marriages, the implementation of the existing law still faces challenges, including unclear procedures, lack of socialisation, and uncertainty in inheritance and parenting rights. This study concludes that the government's efforts to provide legal protection have been made, but there are still legal loopholes that jeopardise children's rights. Therefore, it is recommended that the government strengthen the implementation of the law, conduct more intensive socialisation, and formulate more specific regulations to protect the rights of children in mixed marriages. This research provides a scientific contribution in understanding the dynamics of child rights protection in Indonesia, especially in the context of dual citizenship, and provides policy recommendations for improving the Indonesian legal system.
Criminal Offence of Online Gambling: An Indonesian Criminal Law Perspective Purba, Reni; Maryano, Maryano; Rattanapun, Supot
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

This research aims to analyse the criminal act of online gambling in the perspective of criminal law in Indonesia, focusing on the existing law enforcement mechanisms as well as the challenges faced in eradicating online gambling practices. Although Indonesia has clear regulations related to online gambling, such as those contained in the Criminal Code (KUHP) and the ITE Law, this research found that the implementation of law enforcement still faces major obstacles, especially related to the development of information technology, the accessibility of illegal gambling sites, and problems in proving in court. More effective law enforcement requires the integration of more sophisticated technology, cross-border co-operation, as well as a preventive approach to raise public awareness. This research is expected to provide insights for policy makers, legal practitioners, and the public in addressing the problem of online gambling.
EFEKTIFITAS HUKUM PENYELESAIAN PERKARA KECELAKAAN LALU LINTAS MELALUI RESTORATIVE JUSTICE Agus Wicaksono Susanto; Maryano, Maryano; Hedwig Adianto Mau
Journal of Innovation Research and Knowledge Vol. 4 No. 10: Maret 2025
Publisher : Bajang Institute

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Abstract

Normatively, Law Number 22 of 2009 on Road Traffic and Transport has comprehensively regulated various provisions that must be adhered to by the offender in traffic accidents involving victims. In the context of traffic accidents, if the accident is caused by culpa levis, it can be resolved through a restorative justice approach. This research utilizes the theory of restorative justice and the theory of legal effectiveness.This research falls into the category of empirical legal research, using two approaches simultaneously, namely the statute approach and the case approach. The legal materials in this research were obtained from primary and secondary data, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. In this research, the results obtained from primary and secondary data were further analyzed. The data analysis process was conducted using an interpretative approach.The research results indicate that the concept of restorative justice in the settlement of traffic accident cases in Indonesia has been applied in various law enforcement agencies, including the Police, the Prosecutor's Office, and the Courts. In the stages of investigation and inquiry, the Police refer to the Chief of Police Regulation Number 8 of 2021, the Prosecutor's Office follows the Prosecutor General Regulation Number 15 of 2020, and the Court refers to the Supreme Court Regulation Number 1 of 2024. Although these regulations are binding for each agency, their implementation remains separate, which leads to the potential for differing interpretations among law enforcement agencies, affecting the justice process received by both the offender and the victim. The effectiveness of settling traffic accident cases through restorative justice has proven to be effective in resolving disputes peacefully, especially in cases of unintentional negligence. However, voluntary participation from both parties is crucial to its success. Although restorative justice has been applied in several cases in court, its implementation in Indonesia is not yet uniform and consistent. Certain cases, particularly those involving accidents with fatalities, still end in prison sentences.
PERLINDUNGAN HUKUM TERHADAP PELAKU NOODWEER DALAM TINDAK PIDANA PEMBUNUHAN Ekky Saputra; Maryano, Maryano; Hedwig Adianto Mau
Journal of Innovation Research and Knowledge Vol. 4 No. 10: Maret 2025
Publisher : Bajang Institute

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Abstract

As a manifestation of the principle of the rule of law, every criminal act, referred to in the Indonesian Penal Code (Kitab Undang-Undang Hukum Pidana or KUHP) as a criminal offense (delict), can only be resolved through the applicable legal mechanisms, namely criminal law. An individual may be acquitted of charges if proven not guilty or if the act of violence was committed in self-defense, as regulated under Article 49 of the KUHP, commonly known as "noodweer". The theories employed in this study include the theory of legal protection and the theory of justice. Additionally, the author provides a general review of evidence and noodweer based on various sources.This study adopts a normative juridical research approach. The author utilizes the statute approach and case approach, relying on legal materials derived from secondary data, which consist of primary legal materials, secondary legal materials, and tertiary legal materials. The data collected through library research is then analyzed descriptively.The findings of this study indicate that the legal provisions for individuals acting in noodweer in cases of homicide refer to Article 49(1) of the KUHP. This provision regulates "emergency defense" or "forced defense" (noodweer) carried out to protect oneself, others, morality, or property from an imminent and unlawful attack or threat of attack. The forms of legal protection granted to individuals acting in noodweer in cases of homicide align with the principle of justice in criminal law, which emphasizes a balance between individual rights protection and legal interests. These forms of legal protection include: Exemption from punishment (strafuitsluitingsgrond), The right to present a defense in court, The right to legal assistance, and Judicial considerations in rendering a verdict, where judges have the discretion to assess whether an act qualifies as noodweer or falls under the category of noodweer excess (excessive self-defense).
Perlindungan Hukum terhadap Itikad Baik Penerima Kuasa yang Bertindak di Luar Kuasa yang Dibuat Secara Autentik Erich, Erich; Maryano, Maryano; Martanti, Yurisa
Jurnal Hukum Indonesia Vol. 2 No. 1 (2023): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (381.044 KB) | DOI: 10.58344/jhi.v2i1.11

Abstract

Pendahuluan: Perkembangan teknologi yang semakin maju, waktu dan jarak sudah bukan lagi jadi kendala bagi setiap manusia untuk dapat berinteraksi satu dengan yang lainnya. Tujuan: Tujuan diadakannya penelitian ini, yaitu: untuk mengetahui apa akibat hukum bagi penerima kuasa yang beritikad baik yang bertindak di luar kuasa. Metode: Metode pendekatan hukum yang digunakan adalah yuridis normative. Hasil: Perlindungan hukum sebagai kumpulan peraturan atau kaidah yang dapat melindungi suatu hal dari yang lainnya. Kesimpulan: Berdasarkan penelitian diatas dapat disimpulkan bahwa akibat hukum dari tindakan pihak penerima kuasa yang beritikad baik yang bertindak di luar kuasa (ultra vires) tergantung pada beberapa faktor, termasuk peraturan hukum yang berlaku di negara atau wilayah yang bersangkutan. Perlindungan Hukum, Itikad Baik, Penerima Kuasa
Penerapan Pidana Pengganti Dalam Pembayaran Restitusi Terhadap Anak Korban Tindak Pidana Kekerasan Seksual Diana, Anisa Roshda; Maryano, Maryano; Chandra, Tofik Yanuar
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 2 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Februari 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i2.968

Abstract

In Perma Number 1 of 2022 concerning Procedures for Settlement of Applications and Granting of Restitution and Compensation to Victims of Criminal Acts, the concept of substitute punishment has actually been accommodated by providing space by regulating it partially. In addition, seen from the perspective of systematic interpretation and interdisciplinary interpretation, there are several laws that regulate substitute punishment for restitution, one of which is the provision of Article 33 paragraph (7) of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. However, in practice, perpetrators of criminal acts who are required to pay restitution based on a court decision that has permanent legal force, state that they refuse to pay restitution on the grounds that they cannot afford it so that they serve a subsidiary sentence because they do not pay restitution. Then the problem is that the subsidiary sentence that they must undergo is often not commensurate with the actions or the value of the restitution that must be paid, so that perpetrators of criminal acts prefer to serve a substitute sentence rather than pay restitution. Methods used in this study This study uses descriptive analytical research, which is carried out with the main aim of providing an objective picture or description of a situation. With the statute approach, case approach, conceptual approach, analytical approach. The results of the study recommend that in the form of efforts to ensure the fulfillment of the rights of victims of sexual violence in the form of restitution, there needs to be rules or guidelines for judges in deciding on substitute (subsidiary) punishment for restitution, so that the judge's decision has coercive power and has uniformity. From the perspective of the victim, restitution is used to restore the victim's condition to the state before the crime occurred. Meanwhile, from the perpetrator's side, payment of restitution is a form of accountability for the occurrence of the crime. Although restitution is a form of accountability for the perpetrator, there are no rules or guidelines that confirm/regulate the provision of substitute (subsidiary) punishment if restitution is not paid by the perpetrator to the victim
ANALISIS YURIDIS NORMATIF PERAN KORPS BRIMOB POLRI DALAM PENANGANAN KONFLIK PELANGGARAN HUKUM DI PAPUA OLEH KELOMPOK KRIMINAL BERSENJATA Dandel, Lukman Syafri; Maryano, Maryano; Kristiawanto, Kristiawanto
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.583

Abstract

This study analyzes the role of the Indonesian National Police Mobile Brigade Corps (Brimob) in handling conflicts of law violations in Papua by the Armed Criminal Group (KKB), which has been categorized as a terrorist group. Using a normative legal research approach, this study examines the legal basis, implementation, and challenges faced by Brimob in security operations in Papua based on Law Number 2 of 2002 concerning the Indonesian National Police and other relevant regulations. The results show that Brimob has a strategic role as the National Police's striking force in handling high-intensity conflicts in Papua, through preventive, repressive, and recovery approaches. Legal protection for Brimob members in carrying out these tasks is regulated in legislation, but its implementation still has challenges. This study concludes that there is needs to increase capacity and operational support for Brimob and strengthen inter-agency coordination to improve the effectiveness of conflict management in Papua.
Co-Authors Achmad Fitrian Agil, Marwan Agus Wicaksono Susanto Akkapin , Supaphorn Akkapin, Supaphorn Alan, Alan Robert White Arianti, Nofalinda Chandra, Tofik Yanuar Dandel, Lukman Syafri Darodjat, Tubagus Achmad Diana, Anisa Roshda Dwi Budi Santoso Ekky Saputra Ekwanto, Hafiz Nur Erich, Erich Fuspitasari, Nova Hedwig Adianto Mau Hendri, Fahzal Herwibowo, Bambang Hajar Hutomo, Putra Iqbal, Mochamad Ismed, Mohamad Kirana, Claradyta Koto, Zulkarnein Kristiawanto, Kristiawanto Kumeang, Indira Assadiyah Lingga, Win Salamsyah Martanti, Yurisa Mau, Hedwig A Mau, Hedwig A. Mochammad Imron Awalludin Mustofa, Marni Emmy Nara, Vicheth Ningsih, Eci Marisna Novena, Elisabeth Purba, Reni Putra Hutomo Rahmansyah, Fuad Ratib, Victor Albadi’u Rattanapun , Supot Rattanapun, Supot Somajaipeng , Kacha Trapsilo, Lier Budhi TW, Gatut Hendro Wanti, Tiara Yuliana Zaenudin, Aa Muhamad