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All Journal Widya Yuridika Jurnal Ilmiah Penegakan Hukum JUSTISI SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal La Sociale Jurnal Locus Penelitian dan Pengabdian Hang Tuah Law Journal Eduvest - Journal of Universal Studies International Significance of Notary Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman Open Access DRIVERset
Parmono, Budi
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Legal Review of the Process of Handling Cases of Sexual Violence Against Children Utama, Bobby Edwan Ramnissa; Hidayati, Rahmatul; Parmono, Budi
Journal La Sociale Vol. 6 No. 6 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i6.2478

Abstract

This study aims to examine and analyze the handling of cases of sexual violence against children from a positive legal perspective, focusing on the implementation of legal procedures at the Batu Police Department. The method used is normative juridical, with a statutory and conceptual approach. The primary data sources consist of primary legal materials, such as the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, and Law Number 11 of 2012 concerning the juvenile criminal justice system. Secondary legal materials were obtained from academic literature, scientific journals, and relevant law enforcement documents. The results of the study indicate that normatively, the handling of cases of sexual violence against children is clearly regulated through laws and regulations that require maximum protection for child victims, including in investigations, special treatment during examinations, and the fulfillment of victims' rights. However, in practice at the Batu Police Department, law enforcement still faces various challenges, such as limited investigative resources, minimal psychological support, and a lack of understanding of the victim's perspective. Furthermore, the legal process still does not fully comply with the principles of restorative justice mandated by the latest regulations. This study recommends improving the capacity of investigators through gender-sensitive and child protection training, strengthening synergy between the police, child protection agencies, and supporting agencies, and ensuring ongoing oversight of the case handling process to ensure optimal protection of child victims' rights at every stage of the legal process.
Regulasi Hukum Terhadap Pemidanaan Orang Yang Melakukan Kohabitasi (Kumpul Kebo) Sholikah, Ana; Hidayati, Rahmatul; Parmono, Budi; Muhibbin, Muh; Ilmania, Nurika Falah
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.3009

Abstract

Cohabitation (cohabitation) is an act that violates the juridical and social norms of criminal law carried out in the State of Indonesia. The research was prepared to find out the legal rules for cohabitation offenders and a comparison of cohabitation according to the Criminal Code Law Number 1 of 1946, Law Number 1 of 1951 and Emergency Law Number 1 of 1951 concerning Temporary Measures to Organize the Unity of the Structure of Powers and Procedures of Civil Courts. This research is normative juridical research using the technique of approaching the law. The results of the study reveal that in the regulation there is no explicit formulation policy on cohabitation in the Criminal Code / WvS. Legal arrangements for cohabitation offenders are contained in Article 412 of Law Number 1 of 2023 but have not been enforced. So that the legal arrangements for cohabitation offenders use Jurisprudence, but only certain regions use it. Keywords: Regulation; Legal Consequences; Cohabitation.
KONSEP PENGATURAN HUKUM TENTANG PERPINDAHAN NARAPIDANA ANTAR NEGARA (TRANSFER SENTENCED PERSON) STUDI KOMPARATIF ANTAR NEGARA Rahmat, Fabitul; Muhibbin, Moh.; Parmono, Budi
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.252

Abstract

In the international context, the transfer of sentence persons is regulated in the general international standards in handling cross-border crime issues as outlined in the 2000 Palermo Convention (United Nations Convention Against Transnational Organized Crime) which Indonesia passed into law through Law Number 5 of 2009 concerning the Ratification of the United Nations Convention Against Transnational Organized Crime, in which member states are allowed to make agreements in handling crime through extradition agreements, mutual legal assistance in criminal matters, and transfer of sentence persons. Legal regulation on the transfer of prisoners between countries (Transfer Sentenced Person (TSP)) is important for Indonesia in order to reform and social rehabilitation for prisoners, so that imprisonment is used to ensure, as far as possible, the reintegration of prisoners in society after release so that they can live a law-abiding and independent life. The need for the state to establish a regulation in the form of a law on the transfer of prisoners between countries (TSP), is intended to create legal certainty, so that cooperation carried out with other countries either as a country requested by Indonesia or vice versa (as a requesting country) has a legal basis that provides restrictions on what is in accordance with the concept of the purpose and politics of punishment law in Indonesia.
Responsibility of the National Land Agency Regarding Overlapping Land Ownership Certificates (A Study at the Malang City Land Office) Sugianto, Muhamad Irwan; parmono, Budi; Sunardi, Sunardi
Eduvest - Journal of Universal Studies Vol. 5 No. 11 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i11.52090

Abstract

This study examines the responsibilities of the National Land Agency (BPN) regarding overlapping land ownership certificates at the Malang City Land Office. Land is a fundamental need, leading to conflicts over ownership and use. Legal certainty in land rights is essential and is mandated by the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997. However, overlapping certificates often arise due to factors such as bad faith among applicants, lack of awareness among landowners, and errors by land office officials. This research employs empirical legal research methods, using interviews and documentation to analyze the causes and responsibilities of the Malang City Land Office in managing land certificate overlaps. The findings indicate that the office must improve its verification processes and community engagement to prevent future disputes.
Non-Decriminalization of Political Offenses in Indonesia: A Study on Article 154 of the Criminal Code (KUHP) Parmono, Budi; Hidayati, Rahmatul; Ahnaf, Muhammad Qatrunnada
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 8, No 4 (2025): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v8i4.8136

Abstract

Article 154 of the Indonesian Criminal Code (Kitab Undang-undang Hukum Pidana; KUHP) is classified as a political offense because it is directed against the state, aims at public harm (public wrong), and involves non-violent expression of enmity or contempt (oral, written, or visual). The Dutch Government, however, viewed Article 154 KUHP as undemocratic and contrary to free expression and opinion, arguing it was only justifiable in colonial Indonesia for their interests. This created a divergence between the legislative interests of a colonized nation and a democratic one regarding 'expression' or 'opinion'. The Netherlands has equivalent provisions in Articles 137a to 137e of their Criminal Code, focusing on public insult against authorities or specific groups. While the Dutch code formulates these as formal insult offenses, Indonesia’s Article 154 KUHP is broader, covering both formal and material insult. Notably, Articles 137a and 137b of the Dutch Criminal Code were revoked in 1978 for conflicting with Dutch freedom of expression, while Article 154 KUHP remains enforced in Indonesia because its elements are considered identical to Political Offenses.
NOTARY'S OBLIGATION TO ATTACH SUSPICIOUS FINANCIAL TRANSACTIONS AS A FORM OF MONEY LAUNDERING Chusmayanti, Amalia Destyna; Parmono, Budi; Sunardi, Sunardi
SOSIOEDUKASI Vol 14 No 4 (2025): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v14i4.6593

Abstract

The involvement of Notaries as public officials in money laundering practices is one of the methods used by criminals to disguise the origin of funds from criminal acts, such as corruption. Notaries are often used to prepare deeds of establishment of legal entities or purchase assets to obscure these illegal transactions. This research elucidates the duties borne by Notaries in conveying indications of atypical financial activities as an instrument for deterring money-laundering offenses. The issues examined encompass: (1) the normative framework governing the obligations and accountability of Notaries in submitting reports on anomalous financial dealings; (2) the delineation of criteria for such transactions that necessitate disclosure; and (3) the juridical repercussions imposed when Notaries neglect to report. The study employs a normative juridical method through a statutory and regulatory approach. Its findings reveal that the mandate to report is anchored in multiple legal instruments, including Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering, the Notary Law, Minister of Law and Human Rights Regulation No. 9 of 2017, and PPATK Regulation No. 6 of 2021. The parameters for identifying suspicious financial transactions are articulated in Article 1 point 8 and Article 8 of Government Regulation Number 43 of 2015. When a Notary fails to submit such reports, they may incur administrative penalties as prescribed in Minister of Law and Human Rights Regulation No. 61 of 2016 and the Notary Law.
NOTARY'S RESPONSIBILITY FOR THE SETTLEMENT OF CLAIMS BY HEIRS WHO WERE NOT INCLUDED IN THE DISTRIBUTION OF INHERITANCE RIGHTS Rahmawati, Dina; Parmono, Budi; Sunardi
SOSIOEDUKASI Vol 14 No 4 (2025): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v14i4.6999

Abstract

This study seeks to scrutinize the liability of notaries in relation to legal actions initiated by heirs excluded from the allocation of inheritance rights, as well as to assess the forms of legal protection available to the affected parties through normative legal inquiry. Employing a normative juridical methodology with a doctrinal literature approach, the research examines notarial liability in cases involving claims by omitted heirs in inheritance distribution. The analysis is conducted in a descriptive–analytical manner, drawing upon primary, secondary, and tertiary legal sources to interpret prevailing legal norms and formulate conclusions. The findings indicate that (1) notarial liability arising from lawsuits filed by heirs excluded from the certificate of inheritance rights manifests as responsibility for deeds executed by the notary when errors result in losses, thereby constituting an unlawful act pursuant to Articles 1365 and 1366 of the Civil Code. Consequently, such deeds may be declared null and void, and the notary may incur civil liability in the form of compensation, reimbursement of expenses, and interest, in addition to administrative sanctions ranging from written admonitions to removal from office. Furthermore, legal protection for heirs not recorded in the inheritance deed may be pursued through both preventive and repressive legal mechanisms.
Criminal Actions Against People Exploiting Children In Accordance To Indonesian Criminal Law Junaeddy, M.; Parmono, Budi; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.47

Abstract

Exploitation of children is now more widespread, not carried out by families but also by small to large institutional groups. The perpetrators are sometimes the parents themselves with the intention of making a profit. The purpose of this study is to describe the position of children in Indonesian criminal law and to analyze criminal sanctions for child exploitation. As normative legal research, this study examines laws and regulations related to child exploitation and criminal sanctions. Research results: Article 45 of the Criminal Code defines a child as an immature person if he is not yet 16 years old. Criminal law has positioned children as legal subjects who must protect themselves and their interests as well as the special rights of the state. Economic, social and sexual exploitation of children with the intention of benefiting oneself or others is a criminal act. Criminal sanctions for those who commit, order to do, and those who participate in committing the act; give or promise something by abusing power or dignity, by violence, threats or misdirection, or by giving opportunities, means or information, encouraging other people to take action; intercourse (not the wife) is punishable by imprisonment for a maximum of nine years
Criminal Responsibility Of Defamation Under The Indonesian Criminal Law Aryansyah, Aryansyah; Parmono, Budi; Muhibbin, Muhibbin
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.48

Abstract

The Research, "Responsibility of Defamation Actors in Indonesian Positive Law Studies" aims to describe the arrangements for criminal acts of defamation in the Indonesian criminal law system as well as analyze criminal responsibility for perpetrators of defamation in the Indonesian criminal law system. This research is a normative legal research, which examines laws and regulations in a coherent legal system as well as unwritten legal values ??that live in society, which are related to the responsibility of perpetrators of defamation in the perspective of positive law in Indonesia. The results of the research can be presented in an outline: Arrangements for criminal acts of defamation in Indonesian criminal law are regulated in the Criminal Code (KUHP), and the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions. The Criminal Code regulates Article 310 paragraph (1) and paragraph (2), as well as Article 311 paragraph (1) of the Criminal Code. Whereas in the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions regulated in Article 27 paragraph (3); Criminal responsibility for defamation in the Indonesian criminal law system is borne by anyone who intentionally attacks the reputation or reputation of a person, by accusing something with clear intentions so that it is publicly known (Article 310 paragraph (1) of the Criminal Code), and is also borne by every a person who intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information and/or Electronic Documents that contain insults and/or defamation (Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions
Status Of Corruption Acts Under The Indonesian Criminal Law System Nur Azizy, Ahmad; Parmono, Budi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.51

Abstract

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research. The results of the study show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). In addition, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal act of corruption is also known as a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The Criminal Procedure Code for corruption that is applied is lex specialist in nature, namely the existence of deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.
Co-Authors Afifuddin, Moh Ahmad Siboy Ahnaf, Muhammad Qatrunnada Arthawidjaja, I Gusti Lanang Aryansyah, Aryansyah Azizy, Ahmad Nur Badawy, Ahmad Firdan Chusmayanti, Amalia Destyna Dina Rahmawati Ediwan, Elche Angelina Hakim Noer, Chafidzul Hanafi Arief, Hanafi Himawan, Yuniar Yudha Irawan, Dendik Isnaeni, Diyan Junaeddy, M. Ma'aly, Moh. Haizul Moh Muhibbin, Moh Mohammad Muhibbin Muhammad Aldi, Muhammad Muhibbin, Muh Muhibbin, Muhibbin Mustajib, Mustajib Nur Azizy, Ahmad Prasetyo Nugroho, Akhmad Dwi Premitha Ayu Pratiwi Rahmat, Fabitul Rahmatul Hidayati, Rahmatul Sholikah, Ana SITI KHOLIFAH Sugianto, Muhamad Irwan Sunardi Sunardi Sunardi Taufik Taufik Thamrin, Dahlan Utama, Bobby Edwan Ramnissa Wibawa, G.M. Angga Satrya Zuliatin, Mafadhotul