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Muhammad Muzakky Zain Ali; Noenik Soekorini; Syahrul Borman

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law Number 17 of 2023 concerning Health brings significant changes in the handling of medical professional errors in Indonesia. This research aims to analyze the mechanism for the formation and authority of the Medical Dispute Settlement Council as well as the role of the state in Gustav Radbruch's legal perspective. The research method used is a normative juridical approach with descriptive analysis. The research results show that this law integrates various previous regulations, establishing a permanent or ad hoc assembly to uphold ethical standards and professionalism for health workers. The Assembly is tasked with handling complaints and alleged disciplinary violations before they enter the realm of criminal law, offering fairer and more efficient dispute resolution through a restorative and non-litigation approach. The role of the state is very important to guarantee justice, legal certainty and benefits, ensure that the assembly operates fairly and transparently, and provides fair legal protection for patients and medical personnel.

Endah Pujiastuti; Subaidah Ratna Juita; Albertus Heru Nuswanto

Adi Widya: Jurnal Pengabdian Masyarakat 2024 Lembaga Penelitian dan Pengabdian Masyarakat

Population event reporting is mandatory for all residents. Population event reporting aims to provide identity validity and legal certainty through population documents in every population event experienced by residents. In addition to being proof of the legality of various administrative matters, this reporting also plays an important role in the administration of the state. The obligation to report population events has not been properly understood by partners. This community service activity was carried out to overcome the partner's problem, namely the low understanding of MA Nahdlatut Thulab students about the obligation to report population events. The solution offered is to improve student understanding through legal counseling and measured discussions. This community service activity used lecture, discussion, and question-and-answer methods. As a result of the activity, students became more aware of population events, the obligation to report population events, how to report them, and the importance of reporting. There was an increase in student understanding before and after the activity was carried out.

Felen Felen; Nabila Fitria Almadea

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Globalization affects the development of technology that facilitates human activities, but also presents a threat in the form of cyber crime. Cyber crime utilizes computers and the internet as its main tools. However, KUHAP has not fully regulated the validity of electronic evidence which is vital in handling cyber crime cases. This lack of clarity will not provide justice, benefit, and legal certainty to the community, as the purpose of the law itself should be. Therefore, the discussion of the validity of electronic evidence is important, considering its influence in deciding a case. With the alignment of das sein and das sollen, it is hoped that the real purpose of law will be achieved. This research highlights the urgency of legal reform along with technological developments in order to reduce the reduction of legal objectives and realize dynamic positive law in Indonesia. This type of research is normative juridical research or normative legal research. The results of the research are expected to contribute to the development of relevant laws.

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.

Widodo Budidarmo; Lily Kalyana

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

The land holds significant importance for the people in Indonesia and is one of the country's natural resources. As an agricultural country, a large portion of the Indonesian population relies on agriculture as their primary source of livelihood. Farming, which involves cultivating land to produce food, has long been a cornerstone of rural economies. Notaries and Land Deed Officials (PPAT) play a critical role in Indonesia’s legal and land administration systems. Notaries, governed by Law No. 2 of 2014 and Article 1868 of the Indonesian Civil Code (KUHPerdata), are authorized to create authentic deeds, ensure legal certainty, and maintain document custody. Meanwhile, PPATs, under Government Regulation No. 37 of 1998 and Law No. 4 of 1996, are responsible for drafting deeds related to land registration and mortgage rights, including transactions involving the sale, purchase, and transfer of land rights. The distinct authority of notaries and PPATs is clearly defined by the relevant regulations, with the Constitutional Court Decision No. 5/PUU-XII/2014 affirming that their jurisdictions do not overlap, thereby safeguarding legal certainty in land administration.

Fidelis Kurniawan Sugiarto

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Electronic credit facilities represent a significant banking innovation, employing technology in a manner that diverges from the established procedures associated with conventional credit. A credit deed that is not in accordance with the formal legal requirements is nevertheless considered to have legal force if the signature is recognized by the relevant parties. This thesis addresses the legal force and position of underhand credit agreements in commercial banks, as well as their suitability with the legal requirements of agreements according to the Civil Code and ITE Law, particularly in instances where the debtor subsequently rejects the signature. This thesis employs normative legal research methods to procure secondary data pertinent to the subject matter. The secondary data comprises primary, secondary, and tertiary legal materials, which are then subjected to qualitative analysis. The research demonstrates that the legal certainty of electronic credit agreements in commercial banks is regulated by the Civil Code Law Number 19 of 2016 on Electronic Information and Transactions, Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions, and OJK Regulation Number 38/POJK.03/2016 on the Application of Risk Management in the Use of Information Technology by Commercial Banks. In the event of a dispute over the rejection of an electronic signature in an agreement, the matter may be resolved through litigation after all other avenues of non-litigation have been exhausted. In electronic credit agreements, electronic signatures are recognized as valid evidence, thereby affording legal protection to creditors.

Dio Afriyanto Minta; Agustinus Hedewata; Sukardan Aloysius

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to (1) find out the role of business actors in making misleading promotions according to Law Number 8 of 1999 concerning Consumer Protection, and (2) to find out the legal protection for consumers in Kupang City against misleading information provided by business actors through product promotion based on Law Number 8 of 1999 concerning Consumer Protection. This study uses an empirical judiciary method using primary data and secondary data. The results of the study show that (1) The role of business actors in making misleading advertising promotions is depicted in practices such as false advertising, deceptive practices, and fraudulent advertising. Business actors have a role in creating advertisements that do not match reality, providing incorrect information, and manipulating consumers to make purchase decisions without correct information. The impact includes harming consumers, damaging market integrity, and potentially harming the overall business image. Mistakes in this kind of marketing practice not only violate consumer protection laws, but can also shake consumer trust and affect market fairness and integrity, and (2) In the face of misleading information from business actors through product promotion in Kupang City, legal protection for consumers is essential, especially with reference to Law Number 8 of 1999 concerning Consumer Protection. This law provides a legal basis to protect consumers from dishonest and harmful advertising practices. By emphasizing principles such as benefits, fairness, balance, security, consumer safety, and legal certainty, the Act creates a foundation for consumer protection.

Revaldy Nugraha; I Made Kanthika; Markoni Markoni; Helvis Helvis

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Crimes of theft in the family committed by children require special handling by the police, not all cases involving children are resolved through the courts. This is in the best interests of the child and also considers justice for the victim, which is called a restorative justice approach. This research aims to analyze the form of resolution of criminal acts committed by minors in the East Belitung Police area. The results of the research are that the resolution of children's cases that applies restorative justice is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Political Regulations concerning Restorative Justice, namely the resolution of children's cases outside the criminal court which emphasizes restoring the situation. initially with an emphasis on conditions for creating justice and balance for children and their victims. The conclusion is that the form of resolving criminal acts of theft committed by the East Belitung Police is by implementing restorative justice. Restorative justice carried out by the East Belitung Police aims to accommodate the norms and values ​​that apply in society while providing legal certainty, especially the benefits and a sense of justice that meets the needs of the community. a sense of justice for all parties, which is a manifestation of the National Police's authority in carrying out duties in the field of criminal proceedings and police discretion based on Articles 16 and 18 of Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia.

Yudi Pranoto Atmojo; Hamdan Azhar Siregar

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

Sexual relations do not only occur between different genders, but can also occur between individuals of the same sex. This problem in Indonesia often causes differences of opinion between those who support and those who oppose. It is undeniable that in the military environment there are also deviations in sexual orientation carried out by the perpetrator who is a TNI soldier in the verdict of the Military Court II-08 Jakarta Number 212-K / PM II-08AD / XI / 2020. Finding, analyzing, and explaining the viewpoint of military law on the existence of LGBT in the military environment was the goal of the study. The ruling of the Military Court II-08 Jakarta Number 212-K / PM II-08AD / XI / 2020 clarifies the criminal culpability of TNI soldiers who engage in Lesbian, Gay, Bisexual, and Transgender (LGBT) actions. Legal theory, criminal responsibility theory, and the theory of legal certainty are the frameworks utilized. Normative juridical research is the methodology employed. Based on the findings of this study, the military's official stance on the presence of LGBT individuals in the military has been firmly established by highlighting the ban on LGBT individuals as stated in the TNI Commander's Telegram Letter Number ST/398/2009. As stated in Telegram Letter Number ST/1648/2019 from the TNI Commander, LGBT is one of the behaviors that soldiers are not to engage in since it goes against official orders or is not in line with soldier life norms. Furthermore, it is highlighted in the Supreme Court Circular (SEMA) Number 10 of 2020, in letter D number 1, that disobeying the TNI Commander's Telegram Letter Number ST/398/2009 dated July 22, 2009 and the TNI Commander's Telegram Letter Number ST/1648/2019 dated October 22, 2019, which forbid TNI soldiers from engaging in immoral acts with members of the same sex (Homosexual/Lesbian), can be seen as a violation of official orders under the provisions of Article 103 Paragraph (1) of the Criminal Code. In accordance with the processes or mechanisms for resolving LGBT crimes guided by Law Number 31 of 1997 concerning Military Justice, TNI soldiers found guilty of LGBT acts in the Jakarta Military Court II-08 Number 212-K/PM II-08AD/XI/2020 will face prosecution, sentencing, and criminal penalties in accordance with the specific legal regulations based on Military Criminal Law.

Mansyur Naseh Husein; Helvis Helvis

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Traditional massage parlors have changed dramatically. Several traditional massage parlors in Indonesia have been in the spotlight in recent years due to the covert prostitution practices that occur in these places. This practice involves sexual services offered as part of traditional massage services, and it has become a serious problem affecting various aspects of society. The problem discussed is how the practice of covert prostitution in traditional massage parlors in Indonesia cannot be fully criminalized under Articles 296 & 506 of the Criminal Code and how criminal law is enforced against the practice of prostitution in covert massage parlors in Indonesia. The aim of this research is to analyze the practice of covert prostitution in traditional massage parlors in Indonesia which cannot yet be fully criminalized under Articles 296 & 506 of the Criminal Code and analyze criminal law enforcement against the practice of prostitution in covert massage parlors in Indonesia. The theories used in this thesis are law enforcement theory and legal certainty theory. The research method was carried out using a statutory approach which was carried out by examining all laws and regulations relating to the legal issues being handled as well as approaching cases that occurred in the practice of disguised prostitution in massage parlor activities. Problems in the Effectiveness of implementing Articles 296 and 506 of the Criminal Code in law enforcement against prostitution in massage parlors is very dependent on the joint efforts of various parties, availability of resources, and commitment to crack down on this crime consistently and fairly. According to the author, criminal law enforcement against the practice of prostitution in hidden massage parlors in Indonesia currently does not yet have full legal certainty in the application of Articles 296 and 506 of the Criminal Code and related laws. Furthermore, related to the law enforcement factor which is less than optimal, according to the author, the legal system in the crime of prostitution does not work properly, especially related to the legal culture of individual officers who have not made efforts to enforce the law. The suggestions in the research are the need for cooperation between the government, community sponsored organizations (NGO ),child protection institutions and civil society in dealing with the problem of prostitution and improving the legal culture or culture where there must be a mental improvement of government officials and law enforcement officials so that there are no more unscrupulous individuals playing in law enforcement efforts against hidden massage parlors under the guise of prostitution.

Panca Gunawan Harefa; Fadlan Fadlan; Parameshwara Parameshwara; Soerya Respationo; Erniyanti Erniyanti

This thesis discusses the handling of criminal acts of using and circulating counterfeit rupiah banknotes, with a focus on law enforcement efforts by the Riau Islands Regional Police. This research is motivated by the increasing cases of counterfeit rupiah banknotes in the Riau Islands which cause significant losses to the community and threaten regional economic stability. The main objective of this study is to analyze the effectiveness of law enforcement carried out by local police, as well as to identify and overcome obstacles faced in the process. The research method used is a qualitative approach, with data collection techniques through in-depth interviews, participatory observations, and documentation studies. The sample of this study consisted of police officers, legal experts, and victims of counterfeiting money. Data analysis was carried out using content analysis techniques to interpret the collected data, based on the framework of the theory of legal certainty from Sudikno Mertokusumo, the theory of legal systems from Lawrence M. Friedman, and the theory of Crime Prevention Through Environmental Design (CPTED). The results show that law enforcement against rupiah counterfeiting in the Riau Islands faces several major obstacles, including limited resources, inter-agency coordination problems, and a lack of adequate training for law enforcement officers.The suggestions resulting from this study include increasing the allocation of resources, both in the form of equipment and training for officers, as well as strengthening cooperation between institutions involved in law enforcement, to increase effectiveness in identifying, preventing, and cracking down on the crime of using and circulating counterfeit money.

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.    

Wida Nur Hanita; Aris Prio Agus Santoso; Kresna Agung Yudhianto

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 54 of Law No. 35/2014 on Child Protection, an amendment to Law No. 23/2002, states that children in the educational environment must be protected from physical and psychological violence, sexual crimes, and other crimes that may be committed by educators, education personnel, fellow students, or other parties. However, despite this regulation, cases of bullying in schools still occur frequently. This study aims to evaluate the application of Article 54 of Law No. 35 of 2014 concerning Child Protection and legal protection efforts for children who are victims of bullying with a legal certainty approach. The research method used is descriptive with qualitative data analysis. The results showed that Article 54 has been well implemented by the Surakarta City Office of Women's Empowerment and Child Protection and Population Control and Family Planning. They conduct socialization in schools and communities as a preventive measure and assist the mediation process for case resolution as a repressive measure. In addition, for the legal protection of child victims of bullying with a legal certainty approach, the Office also integrates bullying prevention and handling programs, facilitates and fosters education units, and provides educational facilities.

Komang Adi Utama Putra

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital age has brought significant changes in the protection of intellectual property rights (IPR), making it increasingly crucial to safeguard works and innovations from easy infringement. This research aims to analyze the civil liability for IPR infringers in the digital era, which involves the application of civil law principles such as the elements of fault, presumption of liability, and absolute liability. IPR regulations in Indonesia have evolved since the Dutch colonial period until now, adjusting to digital dynamics through various new laws and regulations. This research uses normative methods supported by empirical methods to analyze in depth the civil liability for perpetrators of intellectual property rights (IPR) infringement in the digital era. This approach allows researchers to evaluate legal principles and applicable regulations, as well as collect primary data from real cases, such as copyright infringement on online platforms. Analysis of empirical data from infringement cases provides tangible evidence of the application of the law and its impact. Thus, normative methods supported by empirical methods provide not only a strong theoretical foundation but also a practical context for more effective policy recommendations in protecting IPR.The case studies show that copyright owners can file a lawsuit and, if proven, perpetrators can be penalized to pay damages as well as court costs. Registration of IPRs provides legal certainty and strong evidence in court. Therefore, preventive legal protection through strict regulation and repressive legal protection through strict sanctions are essential to enforce IPR and prevent further infringement in the digital age. This study concludes that consistent law enforcement and increasing public awareness of the importance of IPR protection are crucial steps in facing the challenges of the digital era.    

Natasya Ferena; Erniyanti Erniyanti; Markus Gunawan; Soerya Respationo

International Journal of Humanities and Social Sciences Reviews 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze juridically the use of the company's shares as an object of fiduciary guarantee in Batam City. The background of this research is rooted in the need for a deep understanding of the effectiveness and security of the company's shares used as fiduciary guarantees, as well as their influence on legal certainty and local economic stability. In Indonesia, the use of shares as fiduciary guarantees is regulated by Law Number 42 of 1999 concerning Fiduciary Guarantees and Law Number 40 of 2007 concerning Limited Liability Companies, but the implementation of this law in the field often encounters various obstacles, especially in Batam City which is a strategic business center. This study uses a qualitative method with a document study approach, in- depth interviews, and field observations to collect data. The subject of this study involves notaries, fiduciary guarantee registration officials, investors, and business actors in Batam. The results of the study show that there are several significant obstacles in the implementation of the use of shares as an object of fiduciary guarantee, which include procedural complexity, variations in notary practices, and limited administrative infrastructure. Despite this, stocks are still a trusted and used instrument because of their liquidity and economic value. Based on these findings, suggestions include expanding education and training for notaries to improve understanding and thoroughness in the fiduciary guarantee administration process. The Batam City Government is advised to update and simplify related regulations to support efficiency and legal certainty. In addition, investments in information technology are needed to modernize the registration and document handling processes, which can increase the transparency and speed of the fiduciary assurance process.

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.

Christhopher Theodore Nathanael; Darwis Anatami; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti

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

Children are a mandate and a gift from God Almighty who has inherent dignity and worth as a whole human being and at the same time is the heir and shaper of the nation's future. The research method used is the Normative Juridical method with an Empirical Sociological approach. By using Primary and Secondary Data through interviews and observations. A part from that, the author uses secondary data through the library. As an analytical tool the author uses Grand Theory (Law enforcement theory) Middle Theory (Legal System Theory) and Applied Theory (Relative theory) This study aims to find out the legal arrangements for the crime of theft by minors to realize Legal certainty, to find out the implementation of law enforcement for the crime of theft by minors to realize Legal certainty and to find out the obstacles/obstacles and solutions in law enforcement of theft by minors to realize legal certainty. Legal Arrangements for the Crime of Theft by Children to Achieve Legal Certainty, Research Studies at Tanjung Pinang Resort Police are in accordance with the prevailing laws and regulations. Implementation of Law Enforcement for the Crime of Theft by Children To Realize Legal Certainty, Research Studies at the Tanjungpinang Resort Police have been going well but in fact, children are still found in the field who commit the Crime of Theft every year, it has increased, especially in the Tanjung Pinang, Archipelago, this is seen from the level of law enforcement factors against children who are in conflict with the law in Tanjung Pinang, for this reason, the performance of the TanjungPinang Police is needed to prevent the crime of theft committed by children

Rudy Tarigan; Soerya Respationo; Parameshwara Parameshwara; Erniyanti Erniyanti

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

Batam City, as a rapidly growing industrial center, faces major challenges in allocating agricultural land for farmers who need legal certainty over the land they manage. The background of the problem in this study is the conflict of interest between industrial development and the need for agricultural land protection, which often sacrifices farmers' rights and causes legal uncertainty. The purpose of this study is to analyze the role of the government in allocating land for farmers in Batam City and to provide policy recommendations that can increase legal certainty over agricultural land. The research method used is a normative and empirical juridical approach, which includes an analysis of relevant laws and regulations such as Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, Law Number 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land, and Law Number 19 of 2013 concerning the Protection and Empowerment of Farmers. Primary data was collected through interviews with farmers, government officials, and other stakeholders, while secondary data was obtained from legal literature, policy documents, and previous case studies.The results of the study show that the implementation of land allocation for farmers in Batam City has not been optimal. Farmers often do not get adequate legal certainty because the allocated land can be revoked at any time by the government for the benefit of industrial development. The main obstacles identified include conflicts of interest between economic development and agricultural land protection, lack of legal certainty, weak coordination and oversight, development and urbanization pressures, and lack of supporting infrastructure. As a suggestion, this study recommends that the Batam City Government develop a balanced and inclusive spatial planning policy, accelerate the land certification process for farmers, improve coordination between institutions, and invest in agricultural infrastructure development. In addition, farmers are expected to strengthen their organizations to advocate for their rights, while the people of Batam City need to actively participate in the process of land use planning and monitoring to ensure sustainable and equitable development.  

Ilham Ilham; Erniyanti Erniyanti; M. Soerya Respationo; Darwis Anatami

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

Maritime law enforcement in Indonesian waters, especially in the Riau Islands, is a complex challenge considering the breadth of the territory and the variety of maritime threats faced. The Maritime Security Agency of the Republic of Indonesia (BAKAMLA RI) has an important role in maintaining security and enforcing the law in Indonesian waters. This study aims to analyze the role and authority of BAKAMLA RI in enforcing maritime law and evaluate the effectiveness of the implementation of its duties in the waters of the Riau Islands. This study uses a normative juridical method with a case approach to collect empirical data. The data was obtained through literature studies, analysis of legal documents, and interviews with BAKAMLA RI personnel and related agencies. The analysis was carried out using John Rawls' theory of justice, Lawrence M. Friedman's theory of legal system, and Sudikno Mertokusumo's theory of legal certainty to understand the obstacles and find solutions to improve the effectiveness of maritime law enforcement. The results of the study show that maritime law enforcement by BAKAMLA RI in the Natuna Riau Islands has not been optimal. The main obstacles faced include limited resources, the complexity of maritime crimes, and ineffective inter- agency coordination. Despite having a strong legal foundation, BAKAMLA RI effectiveness in carrying out its duties still needs to be improved through greater budget support, the procurement of advanced technology, and personnel training and capacity building programs. Based on these findings, it is recommended that BAKAMLA RI strengthen coordination with related agencies through the establishment of a joint command center and information system integration. The government needs to provide adequate budget support and strengthen the regulatory framework to support maritime law enforcement. The public is also expected to increase awareness and active participation in maintaining maritime security. With these steps, it is hoped that the effectiveness of maritime law enforcement by BAKAMLA RI can be improved, so that the security and sovereignty of Indonesian waters, especially in the Riau Islands, can be better maintained  

Syahnas Mauthia Setia Putri; Rinaldi Amrullah; Emilia Susanti

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The crime of illegal sand mining is a problem that requires the attention of various parties. The current phenomenon is that illegal mining is rampant among individuals and companies. Based on data from the Central Lampung Police, illegal mining crimes occur every year, while data from Walhi Lampung and the Environmental Service shows that there are still very few mining activities that have IUPs. This shows that illegal mining crime is a problem that must be handled by various elements. The research method used is a Normative Juridical and Empirical Juridical approach. Sources and types of data in research were obtained from field studies with interviews and literature studies. This research was conducted at the Central Lampung Police, lecturers at the Faculty of Law, Unila University, Walhi Lampung, and the Environmental Service. The results of this research describe that the police do not only focus on law enforcement, but also focus on preventative efforts to tackle illegal mining crimes. Even though Law Number 3 of 2020 concerning Mineral and Coal Mining, the Police does not contain the authority of the Police in mining crimes. However, the police as the front guard of law enforcement officials must make countermeasures. This includes pre-emptive efforts to identify potential risks that cause illegal mining to occur. Monitoring efforts are carried out actively and periodically and are routinely used as an effort to detect potential crimes before they develop into real crimes. The preventive approach involves outreach and education activities in areas where there is potential for mining to increase public awareness about the negative impacts of illegal mining crimes. Then the last one is repressive efforts as a form of providing legal certainty