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p-Index From 2021 - 2026
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This Author published in this journals
All Journal Advances In Social Humanities Research Asian Journal of Social and Humanities
Maryano Maryano
Universitas Jayabaya Jakarta, Indonesia
Humanities Decision Sciences, Operations Research & Management Earth & Planetary Sciences Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Ideal Formulation of Extraordinary Legal Remedies Review By The Public Prosecutor From The Perspective of Justice and Legal Certainty Krisna Murti; Fauzie Yusuf Hasibuan; Maryano Maryano
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.426

Abstract

One of the crucial issues of legal problems that is still a pro and con in society is the extraordinary legal effort of judicial review by the public prosecutor. The research research is to analyze the implementation of the submission of extraordinary legal efforts of judicial review by the public prosecutor against criminal cases based on statutory regulations and to analyze and find the formulation of the ideal criminal case review system by the public prosecutor to realize justice and legal certainty in Indonesia. This research uses a type of normative juridical legal research. Research that uses a philosophical approach, a statutory approach, a case approach and a comparative approach. The sources of legal materials collected are analyzed descriptively to answer the research problems. The results of this study conclude that the Implementation of the submission of extraordinary legal efforts of judicial review by the Public Prosecutor against criminal cases based on statutory regulations has not achieved justice and legal certainty. In practice, the addition of the prosecutor's authority to file a judicial review as stipulated in Article 30C letter h and the Explanation of Article 30C letter h of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia cannot be implemented because it is considered contrary to the 1945 Constitution.
Reconfiguration of the Authority of State Prosecutors After the Reform of the Prosecutor's Office: Legal Certainty and Public Authority Governance in Indonesia Michele Moreno; Fauzie Yusuf Hasibuan; Maryano Maryano
Advances In Social Humanities Research Vol. 4 No. 2 (2026): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v4i2.544

Abstract

This research examines the post-amendment reformulation of the authority of Indonesia’s State Attorneys within the Prosecutor’s Office and its implications for legal certainty. Using a doctrinal research design, the study analyzes amended statutory provisions, implementing regulations, judicial decisions, and selected comparative materials, combined with an informed literature screening process. The findings demonstrate a paradigmatic shift from a narrowly reactive litigation role toward a preventive and strategic model encompassing legal opinions, policy assistance, and project accompaniment. Nevertheless, the reform simultaneously introduces normatively open-textured clauses and limited procedural guidance, generating risks of overlapping competences, uneven administrative practice, and fragmented judicial interpretation. When assessed against theories of public authority, the rule of law, and good governance, the reform appears only partially aligned with the requirements of predictability, coherence, and accountability. The article contributes conceptually by proposing a legal-certainty-oriented framework for evaluating prosecutorial empowerment in administrative governance, and practically by identifying the need for harmonized secondary regulations, standardized coordination mechanisms, and strengthened external oversight. Overall, the study argues that institutional strengthening through legislative amendment must be accompanied by precise normative architecture to ensure that expanded prosecutorial functions reinforce, rather than undermine, the stability and credibility of the legal system and democratic public administration outcomes that are increasingly necessary in today’s world.
Reconstructing The Boundary Between Juvenile Delinquency and Crime as a Foundation for Juvenile Justice System Reform Lidya Dayana Sakti Negara; Fauzie Yusuf Hasibuan; Maryano Maryano
Advances In Social Humanities Research Vol. 4 No. 2 (2026): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v4i2.545

Abstract

The purpose of this research is to critically analyze the issue of unclear boundaries between the two concepts and to formulate a normative foundation that can serve as the basis for reconstructing a more proportionate and just juvenile criminal justice system. Employing a normative legal research approach with prescriptive analysis, the study reviews statutory regulations, doctrines of juvenile criminal law, and systematically selected academic literature. The findings reveal that the conflation of developmental misconduct with criminal behavior contributes to excessive criminalization of children, weakens the rehabilitative orientation of juvenile justice, and generates legal uncertainty in law-enforcement practices. The discussion situates these findings within theories of child development, the principle of the best interests of the child, and modern criminal-law paradigms that position punishment as an ultimum remedium. The article argues that juvenile justice reform cannot rely solely on procedural mechanisms such as diversion and restorative justice, but must begin with a conceptual reconstruction of the boundaries of juvenile criminal responsibility. The study’s contribution lies in strengthening a normative framework that distinguishes juvenile delinquency from criminal conduct in order to promote a more proportional, humane, and child-centered juvenile justice system. This framework is expected to inform policymakers, law-enforcement authorities, and scholars in developing consistent and rights-based juvenile justice policies aligned with international child-protection standards and restorative justice principles within democratic rule-of-law systems that respond to contemporary social change and long-term child-development challenges both globally and nationally.
Co-Authors Fauzie Yusuf Hasibuan Krisna Murti Lidya Dayana Sakti Negara Michele Moreno