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Journal : Journal Evidence Of Law

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.
Legal Inconsistencies in the Criminalization of Fraud: Toward a Harmonized International Criminal Framework Iqbal, Mochamad; Maryano, Maryano; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1525

Abstract

Fundamental differences in the definitions, criminalization, and enforcement procedures of transnational fraud have created significant obstacles to international criminal law cooperation. This study aims to identify legal inconsistencies in twelve jurisdictions and to formulate a normative harmonization framework applicable to the handling of transnational fraud. Through a comparative legal approach and doctrinal analysis, the study finds that regulatory fragmentation not only weakens the effectiveness of law enforcement but also hinders the restoration of victims’ rights and the application of substantive justice principles. This study proposes an integrated framework encompassing universal definitions, minimum procedural standards, and victim-centered cooperation mechanisms. These findings are expected to serve as a conceptual foundation for developing more inclusive and responsive international legal instruments to address the challenges of transnational fraud.
Unlimited Discretion, Eroded Certainty: Reformulating Criminalization of Narcotics Crime in Indonesia Arianti, Nofalinda; Maryano, Maryano; Rattanapun , Supot
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1446

Abstract

Sentencing in narcotics crime cases in Indonesia remains problematic, particularly concerning legal certainty. The striking disparity in court decisions—despite similar legal facts—reflects the absence of standardized sentencing parameters. Furthermore, the wide scope of judicial discretion without objective guidelines increases the risk of injustice in criminal adjudication. This study aims to examine the realization of legal certainty in narcotics sentencing, analyze the role and limits of judicial discretion, and formulate the need for sentencing reform in Indonesia. Using a normative and empirical legal approach, the study analyzes 25 court verdicts and is supported by interviews with legal practitioners. The findings reveal that disparity and unregulated discretion contribute to systemic uncertainty in sentencing practices. Therefore, comprehensive reform is necessary, including binding sentencing guidelines, restricted judicial discretion, and strengthened rehabilitative approaches. This research contributes to the formulation of progressive criminal law reforms based on justice, proportionality, and predictability.
From Regulation to Culture: Rethinking Global Anti-Corruption Law Enforcement Alam, Dippo; Maryano, Maryano; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1734

Abstract

Corruption persists as one of the most entrenched challenges in global governance, undermining democratic institutions, economic development, and public trust. Despite the widespread adoption of international frameworks, such as the United Nations Convention against Corruption (UNCAC), and the proliferation of national anti-corruption agencies, empirical evidence suggests that regulatory instruments alone remain insufficient. Transparency International’s 2023 Corruption Perceptions Index reveals that two-thirds of countries score below 50 out of 100, reflecting limited progress despite extensive legal reforms. This study employs a qualitative-descriptive and comparative literature approach to analyze the limitations of formal regulation and to examine the role of legal culture in strengthening anti-corruption enforcement. Findings demonstrate that while regulatory frameworks provide essential normative foundations, sustainable compliance emerges only when integrity is embedded within societal values and norms. Comparative evidence from Singapore, Denmark, Finland, and Rwanda illustrates that internalized social trust, transparency, and accountability act as cultural multipliers of legal effectiveness. The study contributes to academic discourse by shifting the focus from purely legal and formal perspectives to the integration of socio-cultural dimensions, thereby addressing a significant research gap. Practically, it offers policy recommendations for embedding anti-corruption education, strengthening civil society, and fostering cultural transformation alongside legal reforms. Ultimately, effective global anti-corruption enforcement requires a paradigm shift—moving from regulation to culture.