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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Nuansa Kenotariatan Awang Long Law Review JOURNAL of LEGAL RESEARCH International Journal of Social Service and Research Dikmas: Jurnal Pendidikan Masyarakat dan Pengabdian Jurnal Cakrawala Ilmiah International Journal of Educational Research Excellence (IJERE) Mutiara: Multidiciplinary Scientifict Journal Advances In Social Humanities Research Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Asian Journal of Social and Humanities Corpus Juris : Jurnal Ilmu Hukum
Maryano, .
Jayabaya University
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mathematics Mechanical Engineering Public Health Social Sciences Other

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PERLINDUNGAN HUKUM TERHADAP PENGATURAN SUBKONTRAK DALAM PENGADAAN JASA KONSTRUKSI DI LINGKUNGAN PERBANKAN BERBASIS PRINSIP GOOD GOVERNANCE Eugenia Shani Gisela; Maryano Maryano; Arief Wibisono
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2884

Abstract

The use of subcontracting in the procurement of construction services in the banking sector is a common practice to support project efficiency. However, various problems remain in practice, including the use of subcontractors without the consent of the service user, the transfer of core work to subcontractors, a weak oversight system, unclear division of legal responsibilities, and the suboptimal implementation of Good Governance principles. These conditions indicate a gap between the applicable legal regulations (das sollen) and their implementation (das sein), resulting in insufficient legal protection for the parties. This study aims to analyze the implementation of subcontracting regulations in the practice of procurement of construction services in the banking sector and to analyze legal protection in construction service procurement based on Good Governance principles. In this study, the researcher uses the legal protection theory according to Philipus M. Hadjon and the good governance theory according to Dwiyanto. The research method used in this study is normative juridical research, namely legal research with a literature review based on primary, secondary, and tertiary legal sources. The research approaches used are the Statutory Approach, the Conceptual Approach, the Analytical Approach, and the Case Approach. The legal material collection technique was carried out by identifying and inventorying positive legal regulations, literature, journals, and other legal sources. The legal material analysis technique used grammatical interpretation, systematic interpretation, and analogical construction. The research results indicate that the implementation of subcontracting regulations in construction service procurement practices within the banking sector has not been optimal due to a lack of norms regarding the limits of work that can be subcontracted, the absence of a clearly regulated written consent requirement from service users, weak oversight of subcontractors, and the unclear division of legal responsibility between main contractors and subcontractors. The legal protection applied is also still oriented towards repressive dispute resolution and is not supported by adequate preventive legal protection mechanisms. This research proposes a reconstruction of subcontracting regulations through a construction service procurement model based on good governance and risk-based construction procurement. This model positions the bank as the risk owner, limits the transfer of core work, requires written consent from service users, strengthens verification and oversight of subcontractors, and clarifies the division of legal responsibility between main contractors and subcontractors. The reconstruction is expected to be able to realize legal certainty, legal protection, and transparent, accountable, and risk management-based construction services procurement governance in the banking environment
LEGAL REMEDIES OF THE INVESTMENT ALERT TASK FORCE IN COUNTERING FICTITIOUS INVESTMENTS Maryano
Awang Long Law Review Vol. 5 No. 2 (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.v5i2.727

Abstract

The purpose of this study is to examine how to protect investors from illegal investment crimes. So that the public can be educated. This research uses a normative juridical approach method. The result is that the mode of fraud under the guise of illegal investment still occurs frequently, although with the formation of the Investigation Alert Task Force the fraud still occurs although it is not as lively as it used to be. Especially after the emergence of cases of artists who were caught for illegal investments. The resilience of Indonesia's economic conditions, especially when hit by the pandemic but still quite strong, is still quite strong, especially positive growth is still occurring in this country. Practically this is the goal of investors. Plus based on the data, the new middle class continues to crawl up. Apparently, this has contributed to increasing the occurrence of crime in the investment sector. Investment is very important for the economic development of a country. A country will find it difficult to develop if there is no investment to support its process. Investment can also be called investing money or capital, which aims to get a profit. An investment is the obligation to inject funds in an asset for a certain period of time in the future. Crime in the investment sector gives rise to fictitious investments that are widely offered to the public by illegal investment companies. People who actively invest are sometimes less vigilant and clear in making investment choices. The rampant incidence of fraud under the guise of illegal investment has made the state present, one of which is the establishment of the Investment Alert Task Force. Through library research and normative descriptive qualitative methods, the author wants to dive into the extent to which the task force commanded by the FSA will become a stronghold for investors.
IDE DASAR SISTEM PENUNTUTAN TUNGGAL (SINGLE PROSECUTION SYSTEM) OLEH JAKSA SEBAGAI PENUNTUT UMUM DALAM SISTEM PERADIALAN PIDANA TERINTEGRASI Dhimas Anthony Muslim; Maryano Maryano; Kristiawanto Kristiawanto
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2905

Abstract

This thesis examines the fundamental concept of the Single Prosecution System implemented by public prosecutors within Indonesia's integrated criminal justice system. The study focuses on the position of the Public Prosecution Service (Kejaksaan) as the dominus litis in the prosecution process and the urgency of integrating the criminal justice system to achieve effectiveness, legal certainty, and justice.  This study employs a normative juridical legal research method, which emphasizes the examination of legal norms (law in the books). The research primarily relies on statutory regulations and library materials as secondary legal sources. The approaches applied in this research include the statutory approach, literature approach, conceptual approach, historical approach, comparative approach, and case approach. The legal materials consist of primary legal sources, including the 1945 Constitution of the Republic of Indonesia, Law Number 31 of 1997 concerning Military Courts, the Indonesian Code of Criminal Procedure (KUHAP), Law Number 11 of 2021 concerning the Amendment to Law Number 16 of 2004 on the Public Prosecution Service of the Republic of Indonesia, Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, and Law Number 16 of 2004 concerning the Public Prosecution Service of the Republic of Indonesia.  The findings reveal that strengthening the authority of public prosecutors under the Single Prosecution System can improve coordination among law enforcement agencies and reinforce the integration of the criminal justice system. However, effective implementation requires regulatory harmonization and institutional strengthening. Furthermore, the future implementation of the Single Prosecution System in Indonesia does not imply the physical centralization of all prosecutors within a single prosecution office. Rather, it refers to the centralization of prosecutorial policy, standardization, and accountability under a single authority, namely the Attorney General. Under this system, the Corruption Eradication Commission (KPK) and the Military Prosecutor's Office (Oditurat Militer) would continue to exercise their respective specialized functions while acting "for and on behalf of" a unified and integrated national prosecution system.
PERLINDUNGAN HUKUM TERHADAP KERAHASIAAN DATA PRIBADI NASABAH DALAM PENYELENGGARAAN SISTEM ELEKTRONIK DI SEKTOR JASA KEUANGAN Alfrets Florentino Supit; Maryano Maryano; Gatut Hendro Triwidodo
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2944

Abstract

In its efforts to protect personal data, the government has established various legal instruments governing personal data protection, the operation of electronic systems, and the governance of the financial services sector, as embodied in Law Number 27 of 2022 concerning Personal Data Protection. Furthermore, as Electronic System Providers, business entities in the financial services sector are obligated to comply with requirements regarding the reliability, security, and protection of electronic systems, as stipulated in Government Regulation Number 71 of 2019 concerning the Operation of Electronic Systems and Transactions. Nevertheless, the existing regulations require further analysis to determine whether they provide adequate legal protection for the personal data of customers held by Electronic System Providers in the financial services sector. The research addresses the following issues: the legal framework governing customer personal data protection within electronic systems in Indonesia's financial services sector, and the legal protection of the confidentiality of customer personal data disclosed to third parties during the operation of such electronic systems. The study employs the theories of legal protection and privacy. The research method used is a normative juridical legal approach which is strengthened by interviews. This research uses a statutory research approach, a case approach, an analytical approach and a conceptual approach, which in principle comes from primary legal materials consisting of laws and case studies, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. Legal material analysis techniques use grammatical interpretation techniques. The research findings indicate that the legal regulations governing the protection of customer personal data within electronic systems in Indonesia's financial services sector have essentially established a framework that limits the collection, storage, use, and transfer of personal data to third parties; furthermore, legal protection for the confidentiality of customer data transferred to third parties is provided through both preventive and repressive instruments. The study recommends strengthening the regulation and supervision of the transfer and processing of customer personal data by third parties—involving the Financial Services Authority and financial service institutions—and enhancing repressive protection for customers through more effective mechanisms for complaints, dispute resolution, and loss recovery.
PERLINDUNGAN HUKUM BAGI DEBITUR PADA KASUS WANPRESTASI DALAM PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN Vuspa Bella Pratiwi; Maryano Maryano; Hedwig Adianto Mau
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i9.2967

Abstract

The execution of Mortgage Rights (Hak Tanggungan) constitutes a crucial legal instrument for creditors to ensure the settlement of debts when debtors are in default. However, in practice, various legal issues arise in the implementation of such execution. These issues are not only related to the effectiveness of enforcement but also concern legal protection for debtors, especially with regard to auction notification, procedural transparency, and the enforcement of real execution in the form of vacating the mortgaged object. This condition raises questions as to whether the execution mechanism of Mortgage Rights has adequately reflected legal certainty and balanced legal protection for the parties involved. This research employs a normative legal research method using statutory and conceptual approaches. The data are derived from primary legal materials in the form of laws and regulations governing Mortgage Rights and auction procedures, secondary legal materials consisting of legal doctrines and scholarly opinions, and tertiary legal materials as supporting references. The analysis is conducted qualitatively by examining the legal norms regulating the execution of Mortgage Rights, including parate execution and real execution, as well as their implementation in practice. The results of this research indicate that the execution mechanism of Mortgage Rights has fundamentally provided legal certainty for creditors through the authority to conduct public auctions of the collateral object. Nevertheless, legal protection for debtors must remain guaranteed through orderly, transparent, and lawful procedures, particularly regarding auction notification and announcement requirements. Real execution in the form of vacating the mortgaged object constitutes an integral part of auction execution and serves to ensure legal certainty for auction winners. Therefore, the balance between legal certainty, justice, and legal protection for all parties is essential in the implementation of Mortgage Rights execution.
PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU TINDAK PIDANA LINGKUNGAN HIDUPDALAM HUKUM PIDANA INDONESIA Ulul Azmi; Tofik Yanuar Chandra; Maryano Maryano
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2968

Abstract

Environmental crimes involving corporations pose a massive threat of ecological degradation, thus demanding an effective and adaptive criminal liability framework. This study aims to analyze the development of corporate criminal liability regulations in Indonesia, identify obstacles in the implementation level, and assess the prospects for the implementation of the Deferred Prosecution Agreement (DPA) mechanism in environmental law enforcement. The research method used is juridical normative approach to legislation and conceptual.  This study uses normative juridical method by conceptualizing the law as a norm written in the legislation (law in books). Approaches used include statutory approach( statute approach), conceptual approach (conceptual approach), case approach (case approach), and comparative approach (comparative approach). Sources of legal materials consist of primary legal materials in the form of related legislation, secondary legal materials in the form of literature and expert doctrine, and tertiary legal materials as a support. The collection of legal materials is carried out through library studies which are then systematically processed and analyzed using systematic interpretation in order to obtain coherent conclusions on the legal issues studied. The results showed that the configuration of Indonesian criminal law has made rapid progress in establishing corporations as legal subjects through the instrument of the PPLH law, strengthening legitimacy in the new Criminal Code (Law no. 1 of 2023), as well as guidelines for handling cases through PERMA No. 13 of 2016. However, law enforcement in the field is still constrained by the complexity of proof and stuck in the financial-retributive paradigm. Corporate penalties are dominated by fines deposited as non-tax state revenues (PNBP), while the imperative obligation of environmental restoration (ecological remediation) is often overlooked in judicial decisions. As a progressive step, the Deferred Prosecution Agreement (DPA) mechanism accommodated in the renewal of the Criminal Procedure Law (Article 328 of the Criminal Procedure Code) has strategic potential as an alternative to environmental law enforcement. The implementation of DPA offers a restorative approach that integrates the criminal dimension with concrete ecological and social recovery, while encouraging the transformation of corporate governance towards sustainable corporate governance. Thus, DPA can be an effective instrument in realizing ecological justice and supporting the green economy agenda in Indonesia
Co-Authors Achamd Fitrian Adi Kurnia Setiadi Ahmad Yani Alfrets Florentino Supit Andi Naser Andre Irwanda Anshari Ritonga Arief Wibiesono Arief Wibisono Arimba Rivaldo Cicilia Julyani Tondy Cynthia Kendati Debi Zulkarnain Dhimas Anthony Muslim Eugenia Shani Gisela Fadillah Zulkarnaen Fauzie Yusuf Hasibuan Fauzie Yusuf Hasibuan Fauzie Yusuf Hasibuan Freddy Oslan Parningatan Gatut Hendro Triwidodo Gemalya Adji Pangestu Dama Hedwig A. Mau Hedwig Adiant Mau Heru Herdiman Ilhaam Aditio Indira Assadiyah Kumeang Indri Wulandary Joko Sriwidodo Kristiawanto Kristiawanto M Rizal Fattabania Marni Emmy Mustafa Muhammad Aulia Akbar Muhammad Irfan Aditya Nur Hakim Nurwidiatmo N Ramos Rialdo Siti Wahyu Utami Soesilo Soesilo Tofik Yanuar Chandra Ulul Azmi Vuspa Bella Pratiwi Weni Mariati Yoelita Yoelita Yuhelson Yuhelson Yuli Rusdiana Yurisa Martanti Zulkarnein Koto