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Injustice Behind Rights: Unveiling the Paradox of Wrongful Arrest Victims Cahya, Sebastian Dwi; Sakmaf, Marius Suprianto; Junaedy, Achmad
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.154

This research aims to examine the phenomenon of mistaken arrest and its impact on the rights of victims, particularly concerning compensation and rehabilitation mechanisms. Cases of wrongful arrest are frequent in Indonesia; however, the compensation and rehabilitation mechanisms for victims are still suboptimal, resulting in injustice for those whose rights have been violated. This study differs from previous research in that it specifically focuses on the compensation and rehabilitation mechanisms for victims of wrongful arrest in the context of human rights enforcement in the Manokwari region, rather than addressing mistaken arrest cases generally. Qualitative methodology is employed to understand the phenomenon and its implications for human rights in Indonesia. Data is gathered through interviews and document analysis. The study finds that compensation and rehabilitation mechanisms for victims of wrongful arrest still face various normative and non-normative challenges, resulting in injustice for victims who do not fully receive their rights. Legal reforms and increased awareness among law enforcement officials are crucial to ensure the fulfillment of the rights of wrongful arrest victims. The implications of these reforms and increased awareness can lead to a fairer and more accountable criminal justice system, where human rights are respected and protected.

Navigating Influencer Liability on Social Media: Balancing Profits and Legal Risks Kassi, Yuliance; Sakmaf, Marius Suprianto; Suryana, Atang
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.173

This study aims to investigate the legal responsibilities of influencers in social media, focusing on the role of the Indonesian Electronic Information and Transaction Law (UU ITE) in regulating online activities. This research uses qualitative research methods with a case study approach.The study explores how influencers can navigate their legal responsibilities in social media, ensuring that the information they share is accurate and non-misleading. The findings highlight the importance of understanding the legal framework governing online activities, including the UU ITE, and the need for influencers to be aware of their legal obligations. The study contributes to the development of more effective legal frameworks for regulating online activities and ensuring that social media platforms are used responsibly. The results suggest that influencers must be educated about their legal responsibilities and must ensure that the information they share is accurate and non-misleading. The study recommends that influencers develop clear policies and guidelines for their online activities and that they collaborate with brands that share similar values.

EFFORTS TO PREVENT INDICATIONS OF CRIMINAL ACTS IN NOTARIAL DEEDS THROUGH THE APPLICATION OF ARTICLE 39 PARAGRAPH (2) OF THE UUJN: CRIMINOLOGY STUDIES Syukur, M. Jafar; Sakmaf, Marius Suprianto; Karauwan, Donny
Al-Risalah VOLUME 23 NO 1, MAY (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.40403

Indications of criminal acts by notaries as state public officials are rife in Indonesia. The existence of notary authority in terms of making authentic deeds continues to reap the spotlight ranging from allegations of forgery of letters, embezzlement, money laundering and false information. This study aims to determine efforts to prevent indications of criminal acts in notary deeds through the application of article 39 paragraph 2 of the UUJB. The type of research used is a literature study with a normative juridical approach. The results showed that Article 39 paragraph 2 of the UUJBN was placed as an important instrument in preventing indications of criminal acts in the authority to make notary deeds, the existence of Article 39 paragraph 2 of the UUJB places notaries on objects that are able to act legally by providing formal certainty for authentic deeds made without causing indications of criminal acts. Procedurally, the application of Article 39 paragraph 2 of the UUJB in the prevention of criminal acts is carried out through the precautionary and systematic principle by requiring notaries to know the facing parties and also pay attention to other aspects including certainty of the day, date, month, year and time of face, signatures, copies of deeds, and minutes of deeds issued. In addition, the roles and responsibilities of notaries in making deeds based on Article 39 paragraph 2 of the UUJB include civil responsibility, code of ethics responsibility, administrative responsibility and criminal responsibility.

DIGITAL BANK LEGAL CHALLENGES: SECURITY PROTECTION AND LEAKAGE OF CUSTOMER PERSONAL DATA Sasea, Enny Martha; Sakmaf, Marius Suprianto
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.989

Technology and digitalization are growing and affecting various economic and industrial fields, one of which is banking industry. The presence of technology and the phenomenon of digitalization has directed this industry to a digital transformation process through digital banking. Digital banking was developed to serve customers faster, easier, and in accordance with customer experience, itcan be done completely independently by customers while still paying attention to security aspects through optimizing digital technology systems. The presence of lifestyle integration, automation in banking services is an important aspect that needs attention. Security and customer trust are important for banks, socustomers trust banks as a one-stop service for their financial needs. However, the problem faced in the digital banking era is how fardigital banking can be done by improving the quality of service to customers while paying attention and without compromising transaction security. In addition, there are cyber security issues related to consumer data protection, which until now do not have special regulations to provide legal certainty. The urgency of consumer protection for digital banking services will be assessed using legal research methods with a doctrinal approach contained in primary and secondary legal materials. The purpose of this study is to examine and analyze the developments and legal challenges of digital banking consumer protection in Indonesia. Basically digital banking in Indonesia has regulations but only limited to two things, namely digital banking services and regulations regarding the legal status of the existence of digital banks in Indonesia. For digital banking services, it is regulated in POJK No.12/ POJK.03/2018. Meanwhile, the legal status of the existence of digital banks in Indonesia is regulated in POJK No.12/POJK.03/2021. The challenge of implementing digital banking includes 6 (six) aspects, one of which is customer protection of personal data and the risk of data leakage that does not yet have specific regulations governing it. The principle of effective customer protection in banking law is for common goals and can be implemented, so that each banks can serve and protect customers better without harming other parties.

Can Electronic Evidence Constitute Sufficient Grounds for Criminal Liability? Suryana, Atang; Sakmaf, Marius Suprianto
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.323

The advancement of information technology has triggered a paradigm shift in the evidentiary system of criminal law, particularly concerning the legality and authenticity of electronic evidence. This study seeks to examine the legal standing of electronic evidence within the Indonesian criminal procedure framework, assess the impact of Constitutional Court Decision No. 20/PUU-XIV/2016, and evaluate the admissibility of such evidence in light of evidentiary principles and the role of digital forensics. Employing a normative juridical approach, the analysis is based on statutory regulations, judicial decisions, and relevant legal scholarship. The findings reveal that while electronic evidence has been formally acknowledged through the Electronic Information and Transactions (ITE) Law and reinforced by the Constitutional Court’s decision, significant challenges persist in both its technical implementation and legal admissibility in court proceedings. Digital forensics plays a critical role in safeguarding the integrity and reliability of electronic evidence. The study concludes that reforming the Indonesian Criminal Procedure Code and developing standardized digital evidence protocols are essential to ensuring justice and legal certainty.

Communal Rights vs Regional Development: Pursuing Justice for Comunal Customary Land Sakmaf, Marius Suprianto; Sasea, Enny Martha; Suryana, Atang; Paidi, Zulhilmi Bin; Ardani, Mira Novana
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.%p

This study is motivated by conflicts of authority in the management of natural resources, particularly Tanah Ulayat of indigenous communities, which are often inadequately protected in the course of development and resource exploitation, including illegal mining. The primary objective of this research is to examine the position and authority of the state in managing Tanah Ulayat, to identify the legal implications of illegal mining practices on Tanah Ulayat, and to formulate a legal framework that is both just and constitutional. The study employs a normative juridical method combined with a constitutional approach and an indigenous peoples’ rights perspective. The findings reveal a legal vacuum in the protection of Tanah Ulayat, particularly when mining activities are carried out with customary approval but without state authorization. In conclusion, there is an urgent need for a legal framework that is responsive, participatory, and grounded in the principles of simultaneous development and the recognition of communal rights.

Can Electronic Evidence Constitute Sufficient Grounds for Criminal Liability? Suryana, Atang; Sakmaf, Marius Suprianto
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.323

The advancement of information technology has triggered a paradigm shift in the evidentiary system of criminal law, particularly concerning the legality and authenticity of electronic evidence. This study seeks to examine the legal standing of electronic evidence within the Indonesian criminal procedure framework, assess the impact of Constitutional Court Decision No. 20/PUU-XIV/2016, and evaluate the admissibility of such evidence in light of evidentiary principles and the role of digital forensics. Employing a normative juridical approach, the analysis is based on statutory regulations, judicial decisions, and relevant legal scholarship. The findings reveal that while electronic evidence has been formally acknowledged through the Electronic Information and Transactions (ITE) Law and reinforced by the Constitutional Court’s decision, significant challenges persist in both its technical implementation and legal admissibility in court proceedings. Digital forensics plays a critical role in safeguarding the integrity and reliability of electronic evidence. The study concludes that reforming the Indonesian Criminal Procedure Code and developing standardized digital evidence protocols are essential to ensuring justice and legal certainty.

DIGITAL BANK LEGAL CHALLENGES: SECURITY PROTECTION AND LEAKAGE OF CUSTOMER PERSONAL DATA Sasea, Enny Martha; Sakmaf, Marius Suprianto
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.989

Technology and digitalization are growing and affecting various economic and industrial fields, one of which is banking industry. The presence of technology and the phenomenon of digitalization has directed this industry to a digital transformation process through digital banking. Digital banking was developed to serve customers faster, easier, and in accordance with customer experience, itcan be done completely independently by customers while still paying attention to security aspects through optimizing digital technology systems. The presence of lifestyle integration, automation in banking services is an important aspect that needs attention. Security and customer trust are important for banks, socustomers trust banks as a one-stop service for their financial needs. However, the problem faced in the digital banking era is how fardigital banking can be done by improving the quality of service to customers while paying attention and without compromising transaction security. In addition, there are cyber security issues related to consumer data protection, which until now do not have special regulations to provide legal certainty. The urgency of consumer protection for digital banking services will be assessed using legal research methods with a doctrinal approach contained in primary and secondary legal materials. The purpose of this study is to examine and analyze the developments and legal challenges of digital banking consumer protection in Indonesia. Basically digital banking in Indonesia has regulations but only limited to two things, namely digital banking services and regulations regarding the legal status of the existence of digital banks in Indonesia. For digital banking services, it is regulated in POJK No.12/ POJK.03/2018. Meanwhile, the legal status of the existence of digital banks in Indonesia is regulated in POJK No.12/POJK.03/2021. The challenge of implementing digital banking includes 6 (six) aspects, one of which is customer protection of personal data and the risk of data leakage that does not yet have specific regulations governing it. The principle of effective customer protection in banking law is for common goals and can be implemented, so that each banks can serve and protect customers better without harming other parties.

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