Garuda - Garba Rujukan Digital

p-Index From 2021 - 2026

4.466

P-Index

This Author published in this journals

All Journal Jurnal Cita Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum 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 SENTRI: Jurnal Riset Ilmiah ARMADA : Jurnal Penelitian Multidisiplin Jurnal Hukum Indonesia Mutiara: Multidiciplinary Scientifict Journal Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah LAWPASS Asian Journal of Social and Humanities Jurnal Sains, Ekonomi, Manajemen, Akuntansi dan Hukum

Maryano, Maryano

Unknown Affiliation

Author-ID : 7964425

Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Medicine & Pharmacology Neuroscience Nursing Physics Public Health Social Sciences Transportation Veterinary Other

Published : 35 Documents Claim Missing Document

Claim Missing Document

Articles

1 2 3 4

KEPASTIAN HUKUM EKSEKUSI JAMINAN FIDUSIA TANPA MELALUI PUTUSAN PENGADILAN TERHADAP OBJEK JAMINAN YANG TIDAK DISERAHKAN SECARA SUKARELA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 2/PUU-XIX/2021 Rahmansyah, Fuad; Maryano, Maryano; TW, Gatut Hendro
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1650

The objectives of this thesis research are: 1) To analyze the execution of fiducia security without a court ruling when the debtor does not voluntarily surrender the collateral object after Constitutional Court Ruling Number 2/PUU-XIX/2021. 2) To analyze the legal certainty for creditors against potential losses arising from the forced execution of fiducia security without a court ruling after Constitutional Court Ruling Number 2/PUU-XIX/202. This study emphasizes the theories of legal certainty and contract law.The research method used is normative juridical research, which involves studying literature or secondary data as the primary source. This is done by conducting a search on the researched issues. The results of this thesis research are: 1) The execution of fiducia security without a court ruling when the debtor does not voluntarily surrender the collateral object after Constitutional Court Ruling Number 2/PUU-XIX/2021 substantially weakens the execution rights for creditors. The researcher argues that the ruling is based on a mistaken and inconsistent understanding of fiducia legal concepts. The researcher asserts that the execution of fiducia security, whether through parate executie or the Implementation of an Executorial Title, is essentially a coercive action to fulfill a defaulting debtor's obligations. The Constitutional Court's ruling, which redefines parate executie as "voluntary execution" (only possible if the debtor voluntarily surrenders the collateral), is considered non-operational and contradicts the very essence of execution. The researcher highlights the ambiguity in the court's reasoning, which equates the Implementation of an Executorial Title (which should be carried out by a court) with parate executie (carried out by the creditor). The researcher argues that parate executie should be the primary option for its efficiency, while the Implementation of an Executorial Title serves as an "emergency door" if parate executie fails. By eliminating parate executie as a coercive action, creditors lose a fast, effective, and efficient execution mechanism. This creates a loophole for debtors acting in bad faith to delay payments, causing financial losses for creditors. 2) Regarding legal certainty for creditors against potential losses from the forced execution of fiducia security without a court ruling after Constitutional Court Ruling Number 2/PUU-XIX/202, the researcher argues that while a court ruling has binding legal force (res judicata pro veritate habetur), it must be based on strong legal logic, not just formal validity. The researcher rejects the legalistic paradigm and emphasizes the importance of judges examining essential legal norms and principles, such as the principle of good faith, to ensure substantial justice and prevent arbitrary actions. This Constitutional Court ruling significantly harms creditors by removing parate executie (direct execution) as a coercive measure. The ruling requires that execution can only be carried out if the debtor acknowledges default and voluntarily surrenders the collateral. Otherwise, execution must go through the courts, which contradicts the spirit of efficiency in the Fiducia Security Law. The researcher confirms that the correct concept is the transfer of ownership as collateral (proforma or fiction), which is protected by the verval beding principle (Article 33 of the Fiducia Security Law) that prohibits the full transfer of ownership upon default. This error makes the court's argument about the debtor being in a "state of not being completely free" irrelevant. As a result of this ruling, creditors lose their right to a quick and efficient execution. Debtors acting in bad faith can exploit this legal loophole to delay payments or even abscond with the collateral, causing greater financial losses for creditors. This undermines the principle of easy-to-execute collateral and creates an imbalance that is detrimental to creditors.

PENERAPAN TINDAK PIDANA PENIPUAN DAN PENGGELAPAN DALAM PELAKSANAAN PERJANJIAN PENGELOLAAN LIMBAH INDUSTRI Santoso, Budi; Maryano, Maryano; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1666

This phenomenon frequently occurs in cooperative practices between industrial companies and waste management operators, where business actors fail to fulfill their contractual obligations, such as not processing waste in accordance with established procedures, concealing essential facts, or abusing trust for personal gain. Such actions may be classified as the criminal offense of fraud as stipulated in Article 378 of the Indonesian Criminal Code (KUHP) and embezzlement under Article 372 of the KUHP.The research problems in this study are: (1) How is the application of the criminal offenses of fraud and embezzlement in the implementation of industrial waste management agreements? and (2) How are legal protection measures provided to the aggrieved party in the execution of such agreements?The research method employed is normative juridical, using statutory, conceptual, and case approaches. The results of the study indicate that although an agreement constitutes a civil legal relationship, if there is malicious intent (mens rea) from the outset, such conduct may be brought into the realm of criminal law. Furthermore, law enforcement against perpetrators may be pursued through criminal proceedings by law enforcement authorities, while victims may seek remedies through both criminal and civil legal channels as forms of legal protection.This study contributes to strengthening legal certainty and legal protection for parties involved in non-B3 waste management agreements, as well as serving as a preventive measure against crimes detrimental to the environment and society. The core analysis of this study focuses on material losses, the object of the agreement (non-B3 waste), and the ownership of waste materials in accordance with the contractual terms.

KEPASTIAN HUKUM DALAM PUTUSAN MAHKAMAH KONSTITUSI TERKAIT UJI FORMIL Ratib, Victor Albadi’u; Hedwig Adianto Mau; Maryano, Maryano
Journal of Innovation Research and Knowledge Vol. 5 No. 4: September 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Since its establishment, the Constitutional Court of Indonesia has been instrumental in upholding the supremacy of the 1945 Constitution through its constitutional review mechanism. While initially focusing on the substantive aspects of legislation, the Court has progressively extended its scrutiny to include the formal constitutionality of the lawmaking process. This study adopts a normative juridical approach, employing statutory, case, conceptual, and analytical methods. Legal materials were gathered from primary, secondary, and tertiary sources and analyzed through grammatical, systematic, and teleological interpretation. The research finds that the Constitutional Court has evolved from a moderate stanceprioritizing legal continuity—to a more assertive role in guarding procedural legitimacy, particularly through the introduction of the concept of conditional unconstitutionality. Recent jurisprudence, however, demonstrates a pragmatic approach wherein laws are annulled only if procedural violations are deemed substantial and infringe upon democratic principles such as representation and public participation. Decisions No. 27/PUU-VII/2009, No. 91/PUU-XVIII/2020, and No. 132/PUU-XXII/2024 reflect the Court’s increasing commitment to ensuring that legislative procedures align with constitutional standards. These developments reinforce the principle that procedural compliance is not merely formalistic, but essential to the legitimacy of democratic lawmaking and the realization of legal certainty in Indonesia.

TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA PERJANJIAN PENGIKATAN JUAL BELI TANAH YANG MENGATUR KLAUSUL JUAL BELI DENGAN HAK MEMBELI KEMBALI Novena, Elisabeth; Maryano, Maryano; Putra Hutomo
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

A notary holds an essential role in drafting the Land Sale and Purchase Binding Agreement (PPJB). Issues arise regarding the buy back clause as regulated in the Indonesian Civil Code (KUHPerdata). De facto, this clause is no longer relevant following the enactment of the Basic Agrarian Law (UUPA). In practice, it is found that notaries sometimes prepare PPJBs whose provisions contradict agrarian law principles and are disguised as loan agreements. This research examines two main issues: (1) What are the legal consequences of a PPJB deed that regulates a sale and purchase agreement with a buy-back clause? (2) What are the responsibilities of a notary in drafting a PPJB deed that includes a sale and purchase agreement with a buy back clause? The analysis in this research employs the Theory of Legal Consequences by R. Soeroso and the Theory of Legal Responsibility by Hans Kelsen. The method used in this research is normative juridical research, especially Library Law research or secondary data with primary, secondary and tertiary sources of law. The research approaches used include legislative approaches, case studies, conceptual, and analytical methodologies. And the method of collecting such legal materials is carried out by identifying and inventorying positive law, journals and other sources of law. The method used in analyzing the material of grammatical laws and systematic interpretation. The research findings indicate that a Land Sale and Purchase Binding Agreement (PPJB) containing a buy back clause is null and void by law, as it contradicts agrarian law and is misused as a loan agreement A notary who fails to ensure the conformity of the deed with the actual facts may be held administratively and civilly liable under the Articles 84 and 85 of Indonesian Notary Law (UUJN). Therefore, notaries are obliged to provide legal counseling and exercise due diligence to prevent the misuse of PPJB, and regulators should amend Article 17 of the UUJN concerning the prohibition for notaries, specifically prohibiting notaries from drafting a PPJB of land with a buy-back clause.

Kepastian Hukum Pembagian Legitieme Portie Dalam Warisan Dengan Adanya Hutang Pewaris Kumeang, Indira Assadiyah; Maryano, Maryano; Koto, Zulkarnein
Mutiara: Multidiciplinary Scientifict Journal Vol. 1 No. 10 (2023): Mutiara: Multidiciplinary Scientifict Journal
Publisher : Al Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/mutiara.v1i10.95

Penelitian ini membahas Dalam konteks pembagian hukum waris ketika ahli waris meninggalkan utang, penelitian ini mengkaji tentang kepastian hukum. Proses pembagian warisan bisa jadi rumit, apalagi jika ahli waris mempunyai hutang yang harus dibayar. Menemukan hambatan hukum dan solusi untuk memastikan distribusi warisan yang adil dalam menghadapi tanggung jawab keuangan ahli waris adalah tujuan utama dari penelitian ini. Dengan mengkaji putusan pengadilan terkait serta peraturan perundang-undangan terkait, penelitian ini menerapkan metodologi hukum normatif. Temuan studi ini menunjukkan bahwa ketika utang harus dilunasi, kepastian hukum seputar pembagian warisan menjadi lebih rumit. Memprioritaskan pembayaran utang, bagaimana utang mempengaruhi klaim ahli waris atas sebagian warisan, dan akibat hukum bagi ahli waris yang bukan pihak yang berhutang hanyalah beberapa kekhawatiran yang muncul. Dengan demikian, penelitian ini memberikan kontribusi terhadap pemahaman tentang kepastian hukum dalam pembagian warisan dengan adanya hutang pewaris, sekaligus memberikan rekomendasi untuk perbaikan sistem hukum yang dapat mengakomodasi situasi ini dengan lebih adil dan efisien.

Kepastian Hukum Status Barang Bukti yang Diduga Hasil Tindak Pidana Pencucian Uang dari Tindak Pidana Asal Narkotika terhadap Terdakwa yang Meninggal Dunia Trapsilo, Lier Budhi; Maryano, Maryano; Ismed, Mohamad
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 8 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i8.1744

The problematic confiscation of assets of money laundering defendants whose convictions were finalized and subsequently dismissed by the court due to the defendant's death is the focus of this thesis research, which examines the duties of law enforcement agencies—the prosecutor's office and the police—to recover state assets owned by heirs who received assets from money launderers, through mechanisms in accordance with the principle of the presumption of innocence. The research questions are formulated as follows: 1) What are the provisions in the Money Laundering Law related to narcotics crimes? 2) What is the legal certainty regarding the status of evidence suspected of being the proceeds of money laundering from narcotics-based crimes against deceased defendants? The research method used in this dissertation is a normative juridical research method, conducted in an effort to obtain the necessary data related to the problem. The data used are secondary data and tertiary legal materials. In addition, primary data is also used to support the secondary legal materials. Data analysis is carried out using a qualitative juridical analysis method. Using a theoretical framework, namely the theory of evidence and the theory of legal certainty, to examine this problem. The research results indicate that the law does not regulate a mechanism for the restitution of state losses for deceased convicts, as this contradicts Article 83 of the Criminal Code. Consequently, there is no legal certainty regarding the status of evidence suspected of being the proceeds of money laundering from narcotics-based crimes against deceased defendants. Proven state losses that must be returned cannot be carried out by prosecutors acting as executors for deceased convicts. State attorneys can file civil lawsuits against the convict's heirs to repatriate assets obtained from money laundering to the state or state treasury as state revenue. The author's recommendation to legislators is to add articles that clearly relate to the mechanism for executing compensation or procedures for the restitution of state losses in the form of compensation to the provisions of the law, as well as to enable heirs of convicts convicted of money laundering to fulfill their legal responsibility, namely to return assets used by the heirs of convicts convicted of money laundering.

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

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

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.

TANGGUNG JAWAB DIREKSI TERHADAP PEMEGANG SAHAM ATAS PELANGGARAN PRINSIP KETERBUKAAN INFORMASI DI PASAR MODAL. Nianzah, Raodha Putri; Maryano, Maryano; Widodo, Gatut Hendro Tri
SENTRI: Jurnal Riset Ilmiah Vol. 3 No. 2 (2024): SENTRI : Jurnal Riset Ilmiah, February 2024
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v3i2.2306

This study examines the responsibilities held by the board of Directors of the company to shareholders in the context of violations of the principle of disclosure of information in the capital market. With a focus on the dynamics of the relationship between the board of directors and shareholders, this study analyzes the impact of violations of the principle of disclosure of information on shareholder confidence and the value of the company. The results of the study are expected to provide insight into the role of the board of directors in ensuring proper information disclosure, as well as highlighting relevant legal and regulatory aspects in maintaining the integrity of the capital market. This study uses the type of normative juridical research by analyzing legal materials sourced from legislation and realized with various references from literature review. The results of this study that in the context of Capital Markets, companies that go public get additional capital from the public stock buyers. Previously, shares were only owned by a certain number of people such as family, relatives, and friends. However, by going public, shares are issued and sold to the general public, creating independent shareholders whose motivation is more on making a profit. The principle of disclosure becomes important, realized through the preparation of a prospectus that must contain all the details and material facts, made clear, and accountable to the board of directors. Violation of the principle of openness by the board of Directors may result in sanctions, such as reprimand or dismissal from office, in accordance with Law No. 40 of 2007. At the General Meeting of shareholders (GMS), the board of directors must account for their actions, and the legal consequences may include dismissal and civil or criminal liability. This principle affirms the importance of integrity in maintaining transparency and trust in the capital market.

KEPASTIAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN TANPA SEPENGETAHUAN KURATOR ATAS HARTA DEBITOR PAILIT DAN AKIBAT HUKUMNYA Zulkarnain, Debi; Maryano, Maryano; Mustafa, Marni Emmy
SENTRI: Jurnal Riset Ilmiah Vol. 3 No. 3 (2024): SENTRI : Jurnal Riset Ilmiah, Maret 2024
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v3i3.2415

Bankruptcy is a general seizure of all the assets of a bankrupt debtor whose management and settlement is carried out by the curator under the supervision of the Supervising Judge. The debtor by law loses his right to control and take care of his property included in the bankruptcy estate from the date of the decision on the declaration of bankruptcy. The phenomenon that occurs is the transfer of the bankrupt debtor's property to another party after the bankruptcy decision is pronounced by The Commercial Court without the knowledge of the curator by making a deed of granting mortgage rights to the bankrupt debtor's property. The theory used in this writing is the theory of legal consequences according to Soeroso and the theory of legal certainty according to Jan Michiel Otto. The method used in this study with the type of normative research is legal research with secondary data using primary, secondary and tertiary sources of legal materials. The research approach used is the approach of legislation, conceptual, case, and analytical and legal material collection techniques carried out by identifying and inventorying positive legal rules, researching library materials and other sources of legal materials relevant to the legal issues under study. Legal material analysis technique is done by legal interpretation (interpretation) grammatical, historical and systematic. From the results obtained that the legal consequences of the deed of granting the mortgage without the knowledge of the curator of the bankrupt debtor's property is the deed of granting the mortgage is null and void, with the decision of the judge whose status has permanent legal force which gives sanctions in the form of cancellation of the deed of granting the mortgage, is a manifestation of the legal consequences. As for the legal certainty of the deed of granting a mortgage without the knowledge of the curator of the bankrupt debtor's property does not have legal certainty, with the judge's decision whose status has permanent legal force which states that the deed of granting the mortgage is null and void, the legal certainty of the deed of granting the mortgage has been realized.

Co-Authors Achmad Fitrian Agil, Marwan Agus Wicaksono Susanto Akkapin , Supaphorn Akkapin, Supaphorn Alam, Dippo Alan, Alan Robert White Anggraeni, RR Dewi 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 Kendati, Cynthia Kirana, Claradyta Koto, Zulkarnein Krisna Murti Kristiawanto, Kristiawanto Kumeang, Indira Assadiyah Lingga, Win Salamsyah Martanti, Yurisa Mau, Hedwig A Mau, Hedwig A. Mochammad Imron Awalludin Mustafa, Marni Emmy Mustofa, Marni Emmy Nara, Vicheth Natalius, Natalius Nianzah, Raodha Putri Ningsih, Eci Marisna Novena, Elisabeth Purba, Reni Putra Hutomo Rahmansyah, Fuad Ratib, Victor Albadi’u Rattanapun , Supot Rattanapun, Supot Soesilo, Soesilo Somajaipeng , Kacha Syafri Hariansah Trapsilo, Lier Budhi TW, Gatut Hendro Wanti, Tiara Yuliana Widodo, Gatut Hendro Tri Yuhelson Yuhelson Yusuf Hasibuan, Fauzie Zaenudin, Aa Muhamad ZULKARNAIN, DEBI

Title Search

Found 35 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 35 Documents
Search