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Firman Firman; Darwis Anatami; Bachtiar Simatupang; Erniyanti Erniyanti; Soerya Respationo

International Journal of Education and Literature 2024 Lembaga Pengembangan Kinerja Dosen

The background of this research is the high risk of accidents in the marine transportation sector that threatens passenger safety, as well as the need for an in-depth analysis of the effectiveness of existing regulations in protecting consumers. This study aims to find out and analyze the legal regulations for consumer protection for passenger safety in sea transportation, evaluate the implementation of relevant laws and regulations, and analyze consumer protection barriers to passenger safety in sea transportation. The research methods used are normative juridical and empirical sociology. Normative juridical research is carried out by analyzing applicable laws and regulations, including Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002. An empirical sociological approach is carried out through interviews and direct observation at the Riau Islands Sekupang Domestic Port to understand the implementation of regulations and safety perceptions among passengers and shipping business actors. The results of the study show that the legal regulation of consumer protection is regulated in Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002, even though safety regulations have been stipulated that consumer protection is still not running optimally. The main obstacles include limited resources, non-compliance of business actors, and inadequate infrastructure. Ineffective supervision and law enforcement are also the main inhibiting factors. To overcome these obstacles, it is recommended to increase resources and facilities, stricter law enforcement, and increase safety awareness and education among passengers and crew. The government also needs to increase investment in port infrastructure and strengthen coordination between relevant agencies.

Jimmi Fernando Kriston Simatupang; Erniyanti Erniyanti; Ramlan Ramlan; Soerya Respationo

International Journal of Education and Literature 2024 Lembaga Pengembangan Kinerja Dosen

This research is based on the importance of shipping safety to protect passengers, crew, and the maritime environment from high risk of accidents, especially on high-speed ships that have special operational characteristics. Legal arrangements related to HSC seaworthiness have been regulated in various national regulations such as Law Number 17 of 2008 concerning Shipping, Regulation of the Minister of Transportation Number PM 12 of 2022, as well as international conventions such as SOLAS, MARPOL, and STCW. However, its application in the field still faces various obstacles. This study aims to analyze the law regarding the seaworthiness of high-speed passenger ships (HSC) and challenges in the supervision of shipping safety in the waters of the Riau Islands, with a focus on the study at Sekupang Domestic Port, Batam City. This study uses normative juridical methods to analyze applicable laws and regulations and empirical sociological methods to explore field information through interviews and observations of related parties, such as port authorities, ship operators, and crew members at Sekupang Domestic Port. The results of the study show that the implementation of HSC seaworthiness in the waters of the Riau Islands is not optimal. The main obstacles include a lack of trained human resources, inadequate inspection facilities, weak law enforcement, ineffective inter-agency coordination, and low awareness and education on the importance of maritime safety. Based on these findings, it is recommended that the Batam Special KSOP improve the competence of inspectors and supervisors through a continuous training program. The government is expected to allocate a budget for investment in modern inspection facilities and equipment. In addition, the maritime community, especially operators and crew members, need to increase their awareness and understanding of shipping safety through active participation in education and training programs. With these efforts, it is hoped that the implementation of HSC seaworthiness can be more optimal, thereby improving shipping safety in the waters of the Riau Islands.

Horas Sahatma Hatuaon; Soerya Respationo; Erniyanti Erniyanti

International Journal of Education and Literature 2024 Lembaga Pengembangan Kinerja Dosen

Transportation is very important for our daily lives when we want to travel. Rental cars are one of the current solutions when we don't have a vehicle. However, the convenience provided by car rental is often misused by irresponsible parties. Starting from damaged returns, theft and embezzlement. The research carried out by researchers is Empirical Juridical legal research which is research that directly obtains data in the field. By doing research in the field, researchers will understand better and be able to find out more clearly the actual events related to the title of the research being studied. From the results of this research, the author can conclude that one of the modus operandi of embezzlement in the jurisdiction of the Riau Islands Regional Police is the crime of embezzlement and/or fraud and/or malicious assistance. This way the car is rented and then pawned to someone else without the knowledge of the original owner of the car. For this reason, the police have two efforts to overcome this, namely by preventive and repressive methods. The police's obstacles in uncovering cases are two factors, namely internal and external factors. The suggestions put forward in this research are the need to increase the budget in the context of investigating and investigating criminal acts of embezzlement of rental cars, providing education to car rental businesses to install GPS to increase car security and providing more telescopic services for rental cars.

Sisilia Sisilia; Soerya Respationo; Markus Gunawan; Erniyanti Erniyanti

International Journal of Social Science and Humanity 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The policy of ownership of the right to the flats is an important aspect in the arrangement of vertical housing in Indonesia, especially in dense urban areas such as Kampung Utama Batam City. The background of this research focuses on the complexity of ownership dualism between individual property rights over units and collective rights to common parts, common objects, and common land. Conflicts of interest and management problems often arise, hindering the optimal implementation of policies. The purpose of this study is to analyze the implementation of government policies on ownership of rights to apartment units in Kampung Utama Batam City, identify existing obstacles, and provide recommendations for improvement. The research method used is a normative juridical approach with case studies. Data was collected through analysis of legal documents, interviews with stakeholders, and field observations. The analysis was carried out using positive legal theory from John Austin to understand the existing legal framework, legal system theory from Lawrence M. Friedman to evaluate the interaction between legal structure, substance, and culture, and legal certainty theory from Sudikno Mertokusumo to assess the clarity and predictability of applicable laws. The results of the study show that although the policy has been well drafted in Law No. 20 of 2011 concerning Flats, its implementation in the field still faces various obstacles. Dualism of ownership, unclear certificate status, complex administrative procedures, and lack of legal socialization are some of the main problems found. Strengthening the role of the Flats Owners and Occupants Association (P3SRS), the use of digital technology for administrative procedures, and increased supervision and law enforcement were identified as solutions to overcome these obstacles. The suggestions provided include increased coordination between related agencies, active community participation in the management of flats, and simplification of administrative procedures by the government. More effective implementation is expected to provide better legal certainty and create a harmonious residential environment in Kampung Utama Batam City.

Bungasia Bungasia; Fadlan Fadlan; Darwis Anatami; Erniyanti Erniyanti; Soerya Respationo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Discipline of the State Civil Apparatus has been regulated in Law of the Republic of Indonesia Number 20 of 2023 concerning the State Civil Apparatus. In this regulation, the State Civil Apparatus consists of Civil Servants and Government Employees with Employment Agreements who are appointed by civil service development officials and entrusted with duties in a government position or entrusted with other state duties and are given income based on statutory regulations. The purpose of this regulation is intended to serve as a guideline in enforcing State Civil Service Discipline. However, the reality in the field is that violations of State Civil Apparatus Discipline, especially at SMAN 15 Batam, still occur frequently and repeatedly. This research aims to find out how the law regulates the enforcement of discipline towards State Civil Apparatus in the SMAN 15 Batam environment, how the implementation of law enforcement regarding the application of discipline towards the State Civil Apparatus in the SMAN 15 Batam environment and the obstacles faced by SMAN 15 Batam in enforcing discipline against State Civil Apparatus and alternative problem solving in the form of rewards and punishments. The research method used is a qualitative method with a normative and empirical juridical approach that analyzes statutory regulations relevant to the discipline of the State Civil Service. The data sources for this research were obtained from secondary data and primary data. Primary data was collected through interviews and observations, while secondary data was obtained from previous literature, books, journals and case studies. The results of the research show that so far the process of imposing punishment has only taken the form of a verbal warning delivered directly by the school principal. Verbal warnings are a form of light disciplinary punishment. Verbal warnings are given by considering the background of the Civil Servant disciplinary violation and the impact of the violation. Based on these results, the suggestion put forward is that it is hoped that all State Civil Servants will increase awareness of ASN discipline as well as understand and carry out obligations and avoid prohibitions in accordance with applicable laws and regulations. State civil servants must be more responsible for themselves and in carrying out ASN duties so that the objectives of ASN discipline can be realized well. For example, arriving at school early to avoid unexpected obstacles. In the future, enforcement of discipline in the State Civil Service must really be carried out properly and the process of imposing punishments must be stricter against perpetrators of violations of discipline by the State Civil Service so that it can provide a deterrent effect for undisciplined ASN.    

Muhammad Rinaldi; Bachtiar Simatupang; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In today's modern era, all activities are beyond what is called technological progress, social media is now not only a medium to communicate but can also be a medium that can do investment activities. Man is called a creature homo economics (mahkluk ekonomi). This term is then now understood by most people with the meaning of a creature whose primary purpose in life is to seek profit. With the development of this era all investment activities can be done easily based on digital social media or online, one of the investment activities that can be made with online is online earnings, earnings in general is the activity of collecting money in groups formed by a member then determined how many times in a day or a week spend a month in such collection. after the money is collected then it is determined who will get the first number lottery to the end. With the development of this era online arisan activities are now also not only supported by adults but also by young people, for young people online Arisan becomes an investment choice because of the mechanisms that are quite easy, efficient, and encouraging, but not a little maintenance of this online aryan runs smoothly one of the cases of disadvantage against online arsan. The aim of this study is to find out the conclusion of a misconduct in an online arisan agreement between Umi Barokah (claimant I), Susanti (claimed II), Fransisca Irene Miranda Putty (claimer III), Erfira Meyer (claimsant IV) and the accused namely Anggie Nadia under Judgment No. 32./Pdt.G/2020/PN. Tpg. Based on the research used, the specifications of the research are descriptive. Juridical-normative, legislative, informal, and case approaches. Data collection techniques used are document studies and literature studies, with methods of data analysis normative-qualitative. Based on the results of the analysis of the settlement of non- performance in the online derivative agreement in the judgment No. 12/Pdt.G/2020/PN. Tpg, the judge's assembly rejected the petitioners' claims in its entirety because they did not meet the subjective conditions of the agreement, and the objective valid condition of an agreement is that there is no particular thing, and cause is not legal that is contrary to the law.  

Topan Wishnu Candra; Soerya Respationo; Parameshwara Parameshwara; Erniyanti Erniyanti

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The artisanal shipping industry in Indonesia, particularly in Batam and Tanjungpinang, has experienced significant stagnation and decline due to the aging fleet and fleet extinction. The background of this study is based on the importance of the artisanal shipping industry in supporting the local and national maritime economy, as well as the major challenges facing the sector in maintaining efficient and sustainable operations. The purpose of this research is to analyze the juridical factors that cause the non-development of the people's shipping industry in the area, as well as identify legal measures that can support the development of this industry.  The research method applied combines normative and empirical approaches through case studies in Batam and Tanjungpinang. Data was collected through in-depth interviews with boat owners, fishermen, government officials, and maritime law experts, as well as analysis of relevant documents. The research integrates John Austin's positive law theory, Lawrence M. Friedman's legal system theory, and systems theory to analyze interactions within the maritime legal system. The results show that burdensome regulations, lack of access to financing, declining competitiveness, as well as environmental impacts and socio-economic factors are the main causes of the underdevelopment of the community shipping industry. Strict regulations and high operational costs make it difficult for small boat owners to comply with regulations, while limited access to financing hinders fleet rejuvenation and upgrades. An aging and inefficient fleet lowers the industry's competitiveness, and environmental pollution from old vessels worsens operating conditions. Suggestions include revising regulations to simplify and reduce administrative burdens, providing accessible financing and subsidy schemes, improving port infrastructure, and training and certification programs for ship owners and crew. In addition, international cooperation is also needed to adopt technology and best practices in the shipping industry. The implementation of these recommendations is expected to support the development of the small-scale shipping industry in Batam and Tanjungpinang, improve competitiveness, and make a greater contribution to Indonesia's maritime economy.    

Muhammad Adi Putra; Erniyanti Erniyanti; Ramlan Ramlan; Soerya Respationo

International Journal of Social Science and Humanity 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The problem of recidivist narcotics is a significant complex issue in Indonesia, including in Batam Class IIA Prison. This phenomenon raises concerns because of its negative impact on society and social stability. This study aims to analyze the juridical factors that encourage recidivism of narcotics crimes and identify obstacles in the implementation of rehabilitation programs in Batam Class IIA Prison. The research methods used are normative juridical and empirical sociology. The normative juridical method is used to analyze various laws and regulations that are the legal basis for handling recidivism, such as Law Number 35 of 2009 concerning Narcotics. Meanwhile, empirical sociological methods are used to collect data through interviews and direct observations in the field to understand the implementation of rehabilitation programs and social factors that contribute to recidivism. The results of the study show that weaknesses in the criminal justice system, lack of post-release support, social stigma, and an unsupportive social environment are the main factors that encourage recidivists. A justice system that focuses more on punishment than rehabilitation leads to a lack of effective rehabilitation programs. Minimal post-liberation support, such as difficulty finding work and housing, also contributes to high rates of recidivism. Social stigma and discrimination exacerbate the condition of ex-convicts, hindering them from reintegrating into society. An unstable social environment, especially one with easy access to narcotics, is also a driving factor for recidivism. Based on these findings, this study provides several suggestions, including increasing the number and quality of professionals in the field of rehabilitation, adjusting skills training programs to be relevant to the needs of the job market, and closer cooperation between law enforcement agencies, the government, and the community in supporting the reintegration of former prisoners. It is hoped that these suggestions can help reduce recidivism rates and increase the effectiveness of the penitentiary system in Indonesia.  

Nabila Gelasia Herta Ananda; Darwis Anatami; Fadlan Fadlan; Erniyanti Erniyanti; Soerya Respationo

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Through Law Number 11 of 2020 concerning Job Creation and its derivative PP Number 35 Thuan 2021 concerning PKWT, Outsourcing, Working Time and Rest Time and Termination of Employment Relations is the crystallization of various laws regarding Employment. which, philosophically, does not provide guarantees and protection for workers' rights. Methodologically, this research is an empirical juridical research using a combined approach method which is carried out by analyzing the research explanation in an inductive way leading to a deductive method so as to help the author explain the relationship between research variables and research objects. The results of this research found that there are many deficiencies in Law Number 13 of 2003 concerning Employment, such as the absence of legal protection or workers who are in non-standard work relationships, gender discrimination, wages, lack of social security, leave rights and other rights, partial revision What the Job Creation Law does to the Employment Law Number 13 of 2003 actually creates new problems that have a negative impact on worker protection, the rules governing employment now, so that if you look closely at the revised and deleted articles, it appears that The spirit of the law does not at all touch on efforts to increase worker competency, even though in reality, in Pancasila industrial relations, worker protection is a form of government responsibility. So it is hoped that a legal political policy between the DPR and the government will make changes to Article 66 paragraph (2) of Law Number 3 of 2023 concerning the Determination of Perpu Number 2 of 2022 into the Job Creation Law and PP Number 35 of 2021 concerning Specific Time Work Agreements , Outsourcing, Working Time and Rest Time, and Termination of Employment Relations, so that it can be seen more clearly how the protection of workers/laborers, wages, welfare, and protection of the special rights of outsourced workers, especially outsourced workers, must ensure greater legal protection so that the working atmosphere can become better and more conducive and neither party feels disadvantaged

Ismet Sihombing; Erniyanti Erniyanti; Ramlan Ramlan; Soerya Respationo

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The issuance of a Sailing Approval Letter (SPB) by the Office of Municipal Affairs and Port Authority (KSOP) is a crucial process that ensures that ships operating in Indonesian waters meet safety and seaworthiness requirements in accordance with applicable maritime regulations. This study was conducted against the background of the importance of SPB in providing legal certainty for all parties involved in shipping, as well as various obstacles faced in the issuance process at the Batam Special KSOP. This study aims to analyze juridically the procedure for issuing SPB in the Batam Special KSOP in order to obtain legal certainty, identify existing obstacles, and offer relevant solutions. The research methods used are normative juridical and empirical sociology. The normative juridical approach is carried out by analyzing related laws and regulations, such as Law Number 17 of 2008 concerning Shipping, Government Regulation Number 51 of 2002 concerning Shipping, and Regulation of the Minister of Transportation Number 39 of 2017 concerning Registration and Nationality of Ships. An empirical sociological approach is carried out through direct observation and interviews with KSOP officers, ship operators, and other related parties to get a practical picture of the implementation of SPB issuance in the field. The results of the study show that although the procedure for issuing SPB at the Batam Special KSOP is in accordance with applicable regulations, there are various obstacles such as limited human resources and equipment, ineffective coordination between agencies, and non-compliance of ship operators with regulations. To overcome these obstacles, efforts are needed to increase resource capacity, invest in technology, and improve coordination between agencies. Suggestions given include: (1) Batam Special KSOP needs to increase the number and skills of officers through training and recruitment, (2) The government should provide a budget for investment in modern equipment and technology, and (3) the community, especially ship operators, should increase compliance with regulations through participation in socialization and education programs. Thus, it is hoped that the SPB issuance process can run more effectively and efficiently, providing better legal certainty for all parties involved.    

Ervin Fitianingrum; Ramlan Ramlan; Lagat Parroha Patar Siadari; Soerya Respationo; Erniyanti Erniyanti

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The handling of election crimes is one of the important aspects in maintaining the integrity and fairness of the process of holding general elections in Indonesia. The Integrated Law Enforcement Center (Gakkumdu Center) was formed as a forum for law enforcement of violations of crimes in General Rehabilitation which is carried out in an integrated manner by Bawaslu, the National Police, and the Prosecutor's Office. However, in practice, in the Batam City Gakkumdu Center, it was found that there were obstacles caused by Batam City Gakkumdu Center officers who did not understand their duties and authorities as well as the applicable rules in handling election violation cases, namely investigators who did not carry out investigations in the Gakkumdu Center. This study aims to analyze juridically the optimization of the handling of election crimes by the Gakkumdu Center with a focus on the Batam City Bawaslu. This study uses a normative juridical research method with a qualitative approach. Data was collected through document studies, in-depth interviews with members of Bawaslu, the Police, and the Prosecutor's Office, as well as direct observation of the case handling process by the Gakkumdu Center in Batam City. Data analysis is carried out in a descriptive-analytical manner to identify obstacles and formulate optimization efforts. The results of the study show that there are officers of the Batam City Gakkumdu Center who are not compliant in carrying out their duties and authorities in accordance with applicable rules in handling cases of election violations, namely investigators who do not carry out investigations in the Gakkumdu Center so that as a result of Bawaslu members at the Gakkumdu Center being confused/not taking a stand in deciding the case to be stopped/continued because the facts of the calrification results are not drawn optimally, so that there is a potential for expiration in case handling and administrative issuance that does not comply with principles. This study concludes that optimizing the handling of election crimes at the Gakkumdu Center in Batam City requires a comprehensive and integrated approach. By implementing the recommended steps, it is hoped that the Gakkumdu Center in general can be more effective and procedural in carrying out its duties so that the law enforcement

Edy Chandra Zebua; Dahlan Dahlan; Sayid Fadhil; Soerya Respationo; Erniyanti Erniyanti

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Violations of quarantine regulations in Batam City continue to occur to this day. Despite the enactment of Law No. 21 of 2019 concerning Animal, Fish, and Plant Quarantine, which replaced Law No. 16 of 1992 on the same subject and introduced stricter criminal sanctions for violations, there has still not been a deterrent effect on those bringing prohibited items without meeting quarantine requirements. This research addresses how the authority and implementation of quarantine investigators' powers are regulated in handling cases of animal entry that have bypassed the designated import and export points in Batam City, what obstacles or challenges quarantine investigators face, and the solutions at the Animal, Fish, and Plant Quarantine Office of the Riau Archipelago at the Hang Nadim and Telaga Punggur Service Units. The research method combines normative legal research with empirical sociological approaches, utilizing both inductive and deductive methods to analyze and clarify the relationship between research variables and the research object. This approach aims to provide a comprehensive understanding that benefits readers, particularly future researchers and academics. The findings reveal ongoing uncertainty among quarantine investigators in enforcing quarantine regulations in Batam City. This issue arises from differing interpretations of Law No. 21 of 2019 among quarantine officers and the shortage of human resources, which affects investigators' focus on legal enforcement actions, including criminal sanctions. In Batam City, the resolution of quarantine regulation violations prioritizes the philosophy of "ultimum remedium" where punishment is seen as a last resort. Administrative sanctions for quarantine violations include quarantine detention, rejection, and/or destruction of the violating items.

Celine Tio; M Tartib; Erniyanti Erniyanti; Soerya Respationo

International Journal of Social Science and Humanity 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The land system is called eigendom land. However, the land system that uses western law is still considered to be out of sync with human rights and is also detrimental to society, so during Indonesia's independence, new regulations were issued that regulate the national land system. However, in reality, transmitting western law to national law is not easy, so several land disputes have arisen, one of which is the ex eigendom verponding land dispute which was tried at the Ambon City District Court with Supreme Court decision number: 211/Pdt.G/2019/PN Amb . Based on the description in this thesis, the issues that will be discussed are 1) How to regulate land law ex eigendom verponding. 2) How is the implementation related to land ex eigendom verponding. 3) What are the constraint factors and solutions related to ex eigendom verponding land. This research aims to analyze the position of the case, the suitability of the considerations of the Supreme Court judges as well as the strengths and weaknesses of the judges in deciding the verdict in this ex eigendom verponding land dispute case. This research applies normative legal research methods. The results of the discussion produced in this research found that the judge's reasons for rejecting the case application submitted by Lutfi Attamimi as a representative of PT. Maluku Building is in accordance with the facts and applicable law, but there are also several weaknesses in the judge's consideration of the land data evidence attached by the plaintiff, so that at the end of the decision it was concluded that the ex-eigendom Verponding land number 987 was not successfully reclaimed by the plaintiff due to the lack of the validity of the evidence and facts presented before the trial.

Ardyansyah Yacob; Erniyanti Erniyanti; Bachtiar Simatupang; Soerya Respationo

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Debtor bankruptcy is a critical issue that has a significant impact on the performance of credit payments in the banking sector, especially at the BRI Batam Branch Office. This study aims to analyze the juridical impact of debtors' bankruptcy on credit payment performance in BRI Batam, focusing on the direct influence of bankruptcy on bank liquidity, asset quality, and bank operations. In the legal context, debtor bankruptcy is regulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which provides a framework for the bankruptcy process and its settlement. The research method used is normative juridical, with a case approach to collect empirical data from the BRI Batam Branch Office. Data was collected through interviews with bank management, analysis of bankruptcy documents, and literature review related to bankruptcy laws and regulations. Data analysis was carried out in a descriptive analytical way to understand the legal implications and operational impact of debtor bankruptcy on credit payment performance.The results of the study show that debtor bankruptcy significantly affects the liquidity and credit payment performance in BRI Batam, with direct consequences in the form of an increase in bad loans and a decrease in interest income. Delays in legal proceedings and asset liquidation also add to the bank's operational burden. Based on these findings, it is recommended that BRI Batam should improve its credit risk monitoring system and adopt a more effective risk management strategy to anticipate and overcome potential bankruptcy. The government is expected to accelerate the legal process related to bankruptcy to minimize the negative impact on the banking sector and the economy as a whole.    

Tonny Tonny; Ali Amran; Tartib Tartib; Erniyanti Erniyanti; Soerya Respationo

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

PT Mitra Gadai Kepri is one of the Private Pawnshops in Batam City which is licensed by OJK to provide financing products. However, the business of financing activities carried out often occurs Default, especially with Fiduciary Guarantees. Based on the description in this thesis, the problems to be studied are: 1)How is the Legal Arrangement Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. 2)How is the Implementation Related to the Settlement of Debtor Default with Fiduciary Guarantee at PT Mitra Gadai Kepri Partner in Batam City. 3)What Factors are the Obstacles / Constraints and Solutions Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. The method in this research is Normative Legal research supported by empirical research. Therefore, the Legislation and Conceptual approach will be carried out. Used in data collection in this research with Interviews and Literature Studie. The results of the study concluded that consumers who default with fiduciary guarantees due to low understanding of financial literacy. As well as not knowing the existence of regulations governing the protection of consumers and the public in the Financial Services Sector in resolving defaults with fiduciary guarantees. Suggestions in this study are that the OJK and Financial Services Business Actors must increase Financial Literacy and Inclusion in the wider community and include the government in eradicating illegal financial services. Financial Services Business Actors must analyze the ability to pay prospective customers in order to minimize defaults, especially with fiduciary guarantees and must resolve defaults in accordance with applicable regulations. And an appeal to the public to be wiser and more selective in choosing financial service products and institutions that provide these services.    

M. Candra Gunawan Sitorus; Parameshwara Parameshwara; Bachtiar Simatupang; Erniyanti Erniyanti; Soerya Respationo

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The handling of the crime of sexual intercourse and molestation of minors is a crucial issue that requires serious attention from various parties. The background of this study is the high rate of sexual violence against minors in the Barelang Police area and the need to evaluate the implementation of victim protection in this context. The purpose of this study is to analyze the implications of victim protection in handling the crime of sexual intercourse and molestation of minors in the Barelang Police, as well as to identify obstacles and efforts made to improve this protection. The research method used is normative juridical through library research using secondary data, and also uses an empirical juridical approach through field research using primary data collected through interviews with law enforcement officials, psychologists, victims, and victims' families. Secondary data was obtained from official documents of the Barelang Police, case reports, and related literature. Data analysis was carried out using qualitative descriptive methods to provide a comprehensive picture of the condition of victim protection and its implications. The results of the study show that although there are serious efforts by the Barelang Police in providing protection to victims, there are several significant obstacles that reduce the effectiveness of these protections. The main obstacles include a lack of adequate psychological assistance, lengthy and convoluted legal processes, a lack of public awareness, and ineffective coordination between related institutions. The implications of these barriers include prolonged psychological suffering for victims, a decline in public trust in the justice system, and a lack of justice for victims. Suggestions given to overcome these obstacles include: capacity building and training of law enforcement officials, education and awareness campaigns in the community, and strengthening victim protection systems and facilities by the government. It is hoped that with the implementation of these suggestions, victim protection can be improved, so that justice and welfare for children victims of sexual violence can be realized more optimally.

Nurlaelah Nurlaelah; Darwis Anatami; Sayid Fadhil; Soerya Respationo; Erniyanti Erniyanti

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Investment is an essential instrument for capitalist countries to boost the national economy and create job opportunities for the community. Investment in Indonesia began with Foreign Investment Law No. 56 of 1964, which was later updated with Foreign Investment Law No. 25 of 2007 in line with the times. To increase investor interest in entering Indonesia, the government enacted Job Creation Law No. 11 of 2020, which was further updated through the Job Creation Law up to 2023. Due to the complexity and increasing number of investors facing obstacles such as land acquisition and regional policies, a Presidential Regulation on National Strategic Projects (PSN) was issued. The government's hopes and expectations for smooth investor operations do not always align with implementation. Specifically, PSNs often result in agrarian conflicts for local residents whose land is taken over for PSN purposes. In the context of investment in Batam, particularly the Rempang Eco-City Development Plan in the Rempang-Galang area, clashes occurred and drew national attention and concern from various experts when land measurements began by PT MEG, escorted by the Joint Team comprising police, TNI, and the Ditpam Batam Management Agency (BP Batam). They have not reached an agreement but are already being pushed for swift execution. The obstacles to investment in the PSN Rempang Eco-City include conflicts arising from legal uncertainties over land ownership since the administrative change from Bintan Selatan District to Batam City, becoming Galang District since 1980. Represented by their legal counsel LBH GP Asnhor, they demand legal certainty over their ancestral land to be issued certificates, enabling fair and humane compensation. This demand has been submitted to President Joko Widodo regarding the request for land legality for the villages on Rempang Island, Galang Island, and New Galang Island on behalf of the chairman of the Local Indigenous People's Relatives (KERAMAT) Gerisman Ahmad. Due to these obstacles and conflicts, the central government, through President Joko Widodo, issued Presidential Regulation No. 78 of 2023 on Handling Social Community Impacts in the Context of Land Provision for National Development. However, as of July 2024, there has not been a comprehensive agreement between the community, the Batam City government, and the head of BP Batam. The government is taking a softer approach by personally approaching residents to relocate to Tanjung Banon, where four model houses have been provided as promised incentives for those willing to move.

Yunita Intan Tari; Soerya Respationo; Erniyanti Erniyanti

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Batam as an industrial area which development is carried out by the Batam Island Industrial Area Development Authority agency, has also been expanded into an autonomous region which later give birth to the Batam City Government. The existence of these two government agencies then creates problems in the management of Batam City in the form of overlapping / dualism of authority. To overcome this problem, the government then issued a new breakthrough by setting the Head of the Batam Concession Agency to be held ex-officio by the Mayor of Batam in the hope that the implementation of his duties and authority would be more effective. Therefore, the purpose of this thesis research is first, the implementation of the Mayor of Batam ex Officio Head of Business Agency. Second, the ideal arrangement for the relationship between the Batam City Government and the Business Agency and third, obstacles in the implementation of ex officio. This type of research can be classified into the juridical sociological research type, because it wants to see the correlation between the law and what happens in the field so as to reveal the effectiveness of the law's application. With the research location located at the Batam Concession Agency and the Batam City Government. This research uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by means of interviews, questionnaires and literature review. From the study, there are three main points that can be concluded. First, the Mayor of Batam, Muhammad Rudi, succeeded in implementing the central government's decision regarding the position of Head of the Batam Business Agency, concurrently ex-officio by the Mayor of Batam. Second, it is necessary to study Government Regulation Number 41 of 2021. and third, social problems, such as illegal houses, unemployment, crime, and others, arise as a result of inequality, public policy, inability to compete and others. As for the advice from the author; First, the need for Human Resource governance to support the duties and functions of each work unit Second, the need to re-assess/test the material of government regulation number 41 of 2021 and third, the need to develop IT innovation in the context of improving services and reporting.

Andry Yosep Manalu; Dahlan Dahlan; Darwis Anatami; Soerya Respationo; Erniyanti Erniyanti

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research is motivated by the increasing threat of global terrorism and the importance of the role of civil society in the prevention and countermeasures of terrorism crimes. In Riau Islands Province, civil society involvement in security still faces various obstacles, including a lack of awareness, fear of reprisals, and a lack of resources, all of which have an impact on the effectiveness of counterterrorism efforts. The purpose of this study is to analyze the participation of civil society in counterterrorism efforts in the Riau Islands, identify the obstacles faced, and provide suggestions for increasing community involvement. The research method used is qualitative with a case study approach. Data is collected through in-depth interviews, observations, and analysis of documents related to security policies. Respondents included security forces, NGO activists, and civil society members involved in security initiatives. The results show that despite the recognition of the importance of community involvement, there are still shortcomings in the implementation of effective programs. These shortcomings include a lack of training, a lack of protection for whistleblowers, and a lack of resources. These barriers limit the active participation of the community in terrorism prevention and countermeasures activities. Based on the results of the study, it is recommended that the government increase the allocation of resources for community participation programs, develop safe and anonymous reporting mechanisms, and conduct extensive education and socialization programs to increase public awareness and skills in identifying and reporting suspicious activities. Security forces must also strengthen relations with civil society through more open communication and confidence-building

Yuzirwan Nasution; Erniyanti Erniyanti; Ramlan Ramlan; Soerya Respationo

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The importance of the role of KSOP in ensuring the security and safety of ports in Indonesia, especially in Batam, which is one of the main ports in Indonesia. Batam Port has dense activities and has the potential to pose various security and safety risks. Therefore, the effectiveness of supervision by KSOP is crucial to prevent incidents that can harm many parties. The purpose of this study is to analyze the effectiveness of the role of KSOP in the supervision of port security and safety in the Batam Special KSOP area and identify the obstacles faced and efforts that can be made to overcome them. The research methods used are normative juridical and empirical juridical approaches with qualitative analysis. Data was obtained through the study of relevant laws and regulations, as well as interviews with related parties at KSOP Batam. The results of the study show that although KSOP Batam has tried to carry out supervision well, there are several obstacles that reduce its effectiveness. These obstacles include limited human resources and facilities, lack of coordination between agencies, weaknesses in law enforcement, and low awareness and compliance with safety regulations. In addition, challenges in technology and infrastructure also affect the effectiveness of surveillance. Based on these findings, this study provides several suggestions to increase the effectiveness of the role of Batam KSOP. First, increasing the number and quality of human resources through periodic training and certification. Second, strengthen coordination between related agencies through the establishment of an integrated command center. Third, improve the supervision and law enforcement process by implementing stricter and more transparent standards. Fourth, increasing awareness and compliance with safety regulations through continuous education campaigns. Finally, optimizing the use of modern technology and infrastructure to support more efficient and effective surveillance. With the implementation of these suggestions, it is hoped that KSOP Batam can significantly improve the safety and security of the port.