Juridical Review of Evidence of Land Eigendom Verponding in The Implementation of Land Acquisition in Indonesia
(Celine Tio, M Tartib, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijss.v1i3.56
- Volume: 1,
Issue: 3,
Sitasi : 0 08-Aug-2024
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Abstrak:
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.
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2024 |
Juridical Analysis Of The Settlement Of Defaulted Debtors With Fiduciary Guarantees At PT Mitra Gadai Kepri In Batam City
(Tonny Tonny, Ali Amran, Tartib Tartib, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijsl.v1i4.157
- Volume: 1,
Issue: 4,
Sitasi : 0 07-Aug-2024
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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.
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2024 |
Legal Analysis Of The Impact Of Debtor Bankruptcy On Bank Credit Payment Performance (Research Study At Bri Batam Branch Office)
(Ardyansyah Yacob, Erniyanti Erniyanti, Bachtiar Simatupang, Soerya Respationo)
DOI : 10.62951/ijlcj.v1i3.158
- Volume: 1,
Issue: 3,
Sitasi : 0 07-Aug-2024
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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.
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2024 |
Analysis Of The Effectiveness Of The Implementation Of Government Regulation Number 62 Of 2019 On The Head Of The Batam Business Agency (BP) Ex Officio By The Mayor Of Batam In The Implementation Of Regional Government
(Yunita Intan Tari, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijls.v1i4.151
- Volume: 1,
Issue: 4,
Sitasi : 0 05-Aug-2024
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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.
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2024 |
Criminological Review of Efforts to Counter Terrorism Crimes by Involving Civil Society
(Andry Yosep Manalu, Dahlan Dahlan, Darwis Anatami, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijsl.v1i4.152
- Volume: 1,
Issue: 4,
Sitasi : 0 05-Aug-2024
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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
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2024 |
Juridical Analysis Of The Effectiveness Of The Role Of The Port Authority and Port Authority Office (KSOP) In The Supervision Of Port Security and Safety In Indonesia
(Yuzirwan Nasution, Erniyanti Erniyanti, Ramlan Ramlan, Soerya Respationo)
DOI : 10.62951/ijlcj.v1i3.149
- Volume: 1,
Issue: 3,
Sitasi : 0 05-Aug-2024
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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.
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2024 |
Implications of Victim Protection in Handling Crimes of Sexual and Monothesis Against Minors
(M. Candra Gunawan Sitorus, Parameshwara Parameshwara, Bachtiar Simatupang, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijsw.v1i4.52
- Volume: 1,
Issue: 4,
Sitasi : 0 05-Aug-2024
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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.
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2024 |
Juridical Analysis Of The Use Of The Company's Shares As An Object Of Fiduciary Guarantee
(Natasya Ferena, Erniyanti Erniyanti, Markus Gunawan, Soerya Respationo)
DOI : 10.62951/ijhs.v1i3.50
- Volume: 1,
Issue: 3,
Sitasi : 0 05-Aug-2024
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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.
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2024 |
Juridical Analysis of Investment in Batam
(Nurlaelah Nurlaelah, Darwis Anatami, Sayid Fadhil, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijsw.v1i4.51
- Volume: 1,
Issue: 4,
Sitasi : 0 05-Aug-2024
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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.
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2024 |
Juridical Review Of The Accountability Of The Port Authority and The Port Authority Office (KSOP) In The Evaluation System For The Implementation Of Guidance At The Port
(Gahara Herawati, Erniyanti Erniyanti, Soerya Respationo, Bachtiar Simatupang, Darwis Anatami)
DOI : 10.62951/ijss.v1i3.49
- Volume: 1,
Issue: 3,
Sitasi : 0 03-Aug-2024
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This research is motivated by the importance of the role of KSOP in ensuring that ship guidance at the port is carried out in accordance with the set safety standards, as well as various obstacles that hinder the optimization of the implementation of these responsibilities. These obstacles include limited human resources, budgets, infrastructure, and ineffective coordination and communication. Research Objectives The purpose of this study is to analyze and evaluate the accountability of KSOP in the implementation of guidance at Batam City Port, identify the obstacles faced, and formulate efforts that can be made to overcome these obstacles. Research Methods This research uses normative juridical and empirical sociological methods. The normative juridical method is carried out through a literature study of the laws and regulations that regulate ship guidance and the responsibilities of KSOP. Meanwhile, empirical sociological methods are carried out through observation, interviews, and direct data collection from the Batam Special KSOP and other related parties. Research Results The results of the study show that the implementation of KSOP accountability in the implementation of guidance at the Port of Batam City has not run optimally. Obstacles faced include limited human resources, inadequate budgets, outdated infrastructure and technology, and lack of coordination and communication. In addition, awareness and compliance with safety procedures still need to be increased. Suggestions This study suggests increasing the recruitment and training of ship guides, optimizing budgets, modernizing navigation equipment and communication technology, simplifying regulations, and improving coordination and communication between related parties. With these steps, KSOP is expected to be more effective in supervising and ensuring the implementation of safe and efficient guidance at the Port of Batam City.
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2024 |