Juridical Analysis Of Land Allocation In Forest Areas Over BP Batam's Management Rights On Rempang Island
(Sitti Isramira Pratiwi, Markus Gunawan, M. Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijhs.v1i3.43
- Volume: 1,
Issue: 3,
Sitasi : 0 02-Aug-2024
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Abstrak:
The incident of residents on Rempang Island rejecting the development of the Rempang Eco-city Project certainly raises many questions for the general public in viewing this problem. With the publication of Coordinating Ministerial Decree Number 7 of 2023 concerning the Third Amendment to Coordinating Ministerial Decree Number 7 of 2021 concerning Amendments to the List of National Strategic Projects, the public is in the spotlight to find out what processes and laws and regulations regulate each process and stage. To study this in more depth, it is necessary to carry out a Juridical Analysis of the Allocation of land in Forest Areas above BP Batam's Management Rights on Rempang Island to be able to find out the legal arrangements, implementation, obstacles and solutions for allocating land in forest areas above BP Batam's Management Rights on the Island. Eccentric. The research method used is a normative and juridical approach, which focuses on doctrinal legal research and refers to legal norms contained in applicable laws and regulations as a normative basis, so this research emphasizes secondary data sources, both in the form of theories- legal theory and through interviews with sources or parties related to the problems to be researched above. All data obtained is then processed, analyzed and interpreted logically, systematically using deductive methods. The results of research on the allocation of land in forest areas above BP Batam's Management Rights on Rempang Island based on applicable laws and regulations are not justified and BP Batam will not be able to use and utilize all or part of its land either for its own use or in collaboration with other parties because BP Batam's authority as the holder of Management Rights will only arise after the issuance of a Management Rights Certificate from the Batam City National Land Agency Office, it is not permitted to carry out new development and development in forest areas before changes to the designation and function of forest areas are made, and if it is on land that will be granted Rights Management still has land/buildings/plants belonging to the people, so compensation for losses and relocation of residents to new residential areas must be carried out first on the basis of deliberation. The author hopes that from the research that has been carried out, the government can create legal products that create a sense of justice for society and can turn the results of this research into useful knowledge for parties facing similar legal problems.
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2024 |
Analysis Of The Role Of Civil Servant Investigators Of The Sea and Coast Guard Base In Law Enforcement Shipping Crime
(Bagus Riadi, Erniyanti Erniyanti, M. Soerya Respationo, Darwis Anatami, Ramlan Ramlan)
DOI : 10.62951/ijhs.v1i3.45
- Volume: 1,
Issue: 3,
Sitasi : 0 02-Aug-2024
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Law enforcement in the shipping sector is an important aspect in maintaining security and order in Indonesian waters. Civil Servant Investigators (PNS) at the Marine and Coast Guard Base (PLP) have a central role in cracking down on shipping crimes. This study aims to analyze the role of civil servant investigators at the Tanjung Uban Class II PLP Base in law enforcement of shipping crimes, identify the obstacles faced, and provide recommendations to increase the effectiveness of law enforcement. The research methods used are normative juridical and empirical sociology. Normative juridical research is carried out through the study of relevant documents and laws and regulations, such as Law Number 17 of 2008 concerning Shipping and its implementing regulations. Empirical sociological research was conducted through interviews with civil servant investigators, related parties, and analysis of concrete cases handled at the Tanjung Uban Class II PLP Base. The results of the study show that civil servant investigators at the Tanjung Uban Class II PLP Base have an important role in law enforcement of shipping crimes, but face various obstacles. Limited human resources and facilities, lack of coordination between agencies, and technical and legislative obstacles are some of the main obstacles. Case handling such as KM. Putra Harapan Baru and MT. Queen Majesty revealed that violations often occur due to non-compliance with shipping regulations, as well as a lack of legal awareness among shipping industry players. Based on the results of the research, it is recommended that the number and quality of investigators be increased through training and recruitment, investment in adequate facilities and equipment, and increased coordination between agencies. In addition, the adjustment of domestic regulations to international standards and legal awareness campaigns for the public and shipping industry players are also important to ensure compliance with the law. Strengthening legal protection for investigators from external intervention and strict enforcement of the code of ethics will help maintain integrity and professionalism in maritime law enforcement. With this effort, it is hoped that law enforcement of shipping crimes at the Tanjung Uban Class II PLP Base can run more effectively and efficiently.
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2024 |
Juridical Analysis Of The Authority Of The Marine And Coast Guard Base In Carrying Out Its Duties
(Orie Andriyanto, M. Soerya Respationo, Erniyanti Erniyanti, Ramlan Ramlan, Dahlan Dahlan)
DOI : 10.62951/ijls.v1i4.148
- Volume: 1,
Issue: 4,
Sitasi : 0 02-Aug-2024
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The Sea and Coast Guard Base (PLP) plays a vital role in maintaining maritime security and safety in Indonesia, especially in strategic waters such as the Riau Islands. However, the implementation of the PLP's authority in carrying out its duties at the Tanjung Uban Class II PLP Base has not run optimally. This study aims to analyze the authority of the PLP from a juridical and sociological perspective, as well as identify the obstacles faced and provide recommendations to overcome them. 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 the authority of the PLP, such as Law Number 17 of 2008 concerning Shipping, Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 119 of 2021 concerning the Organization and Work Procedures of Marine and Coast Guard Bases, Decree of the Director General of Hubla Number 13/VIII/DV-05 of 2005 concerning the Working Area of Marine and Coast Guard Bases and the Decree of the Director General of Sea Transportation Number KP.867/DJPL/2020 concerning the Patrol of the Marine and Coast Guard Unit of the Directorate General of Sea Transportation. Empirical sociological methods are used to collect data through interviews and direct observations in the field to understand the implementation of PLP authority and the obstacles faced. The results of the study show that limited human resources and equipment, lack of coordination between agencies, inadequate infrastructure, and complex bureaucracy are the main obstacles in the implementation of PLP authority in the Tanjung Uban Class II PLP Base. In addition, the low legal awareness among the maritime community is also a significant challenge. Based on these findings, this study provides several suggestions, including increasing recruitment and training of personnel, procurement and maintenance of patrol boats and supporting equipment, the formation of an inter-agency coordination team, the construction of adequate port facilities, and socialization and education to increase public legal awareness. This research is expected to contribute to strengthening policies and strategies for the implementation of PLP authority, so as to be able to increase effectiveness and efficiency in maintaining maritime security and safety in Indonesian waters.
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2024 |
Legal Analysis of Providing Mortgage Rights Guarantee to Foreign Bank Creditors
(Utari Afnesia, Laily Washliaty, Ali Amran, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijhs.v1i3.44
- Volume: 1,
Issue: 3,
Sitasi : 0 02-Aug-2024
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This research aims to investigate and analyze legally the granting of mortgage rights guarantee to creditors, especially foreign banks (conducted at the Land Office of Batam). The method used is normative legal research utilizing library references and interviews with academic and practitioner experts as research subjects. This study is descriptive, systematically analyzing primary, secondary, and tertiary legal materials along with relevant facts. The conclusion of this research is that the granting of mortgage rights to foreign banks follows the procedures stipulated in Ministerial Regulation No. 5 of 2020 from the Ministry of ATR/BPN. The registration process for mortgage rights is conducted electronically, but foreign banks such as China Banking Corporation Limited must first register through the financial partner application. The main challenges in implementing electronic mortgage rights guarantee primarily stem from legal uncertainties regarding the registration of foreign creditors through the financial partner application managed by the Ministry. Additionally, there are technical challenges due to IT systems that are not yet fully prepared. Improving the quality of human resources is also necessary, given the constraints faced at the land office due to a shortage of personnel, while demand from the public and service users remains high.
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2024 |
Legal Analysis Of The Effectiveness Of Disciplinary Punishment Enforcement In Improving The Discipline Of State Civil Apparatus
(Ngatemi Ngatemi, Erniyanti Erniyanti, M. Soerya Respationo, Dahlan Dahlan, Parameshwara Parameshwara)
DOI : 10.62951/ijls.v1i4.145
- Volume: 1,
Issue: 4,
Sitasi : 0 02-Aug-2024
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Enforcement of discipline among the State Civil Apparatus (ASN) is an important component in maintaining professionalism and efficiency of public services. This study aims to analyze the effectiveness of disciplinary punishment enforcement in improving ASN discipline at the Batam Municipal and Special Port Authority (KSOP) Office. The background of this research includes various challenges in enforcing ASN discipline, such as long and bureaucratic procedures, low awareness of discipline, and political intervention. The research method used is normative juridical using secondary data through library research, and also an empirical juridical approach with primary data through field research. Primary data collection was carried out through in-depth interviews, observations, and document analysis. The research respondents consisted of Batam KSOP employees, related officials, and other parties related to discipline enforcement in the environment. The results of the study show that the effectiveness of disciplinary enforcement in KSOP Batam is still not optimal. Convoluted enforcement procedures, lack of employee understanding of the importance of discipline, and political intervention were the main obstacles found. In addition, limited human resources and facilities also hinder the effective discipline enforcement process. This study also found that efforts to simplify procedures, increase socialization and education, and strengthen transparent supervision can increase the effectiveness of disciplinary punishment enforcement. Suggestions include the need for bureaucratic reform to simplify discipline enforcement procedures, the implementation of training and education programs on an ongoing basis, and the establishment of an independent internal oversight unit. Additionally, it is important for governments to ensure that discipline law enforcement is free from political interference and supported by adequate resources. With these steps, it is hoped that the discipline of ASN at KSOP Batam can be improved, which will ultimately contribute to improving the quality of public services and the reputation of government agencies.
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2024 |
Analysis Of Forest And Land Fire Prevention And Law Enforcement Strategies In The Riau Islands In An Effort To Deal With Environmental Crises and Economic Losses
(Edy Supandi, Parameshwara Parameshwara, Darwis Anatami, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijss.v1i3.47
- Volume: 1,
Issue: 3,
Sitasi : 0 02-Aug-2024
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Forest and land fires are a serious problem that has a negative impact on the environment and the economy, especially in the Riau Islands region, including Bintan Regency. The background of this research is the high frequency of forest fires that cause ecosystem damage, air pollution, and significant economic losses. This study aims to analyze the forest and land fire prevention and law enforcement strategies that have been implemented and identify obstacles in their implementation. The research method used is qualitative with a case study approach. The data was collected through in-depth interviews with law enforcement officials, forestry officers, and local communities, as well as analysis of documents related to forest fires in Bintan over the past few years. In addition, questionnaires were also distributed to get a broader perspective on the effectiveness of existing strategies. The results of the study show that although there have been various prevention efforts such as routine patrols, socialization, and the installation of prohibition signs, the effectiveness is still not optimal. The main obstacles identified include limited resources, lack of community participation, difficulty in identifying perpetrators, hard-to-reach terrain, and pressure from certain parties. The lack of resources such as personnel and equipment, as well as the low level of public awareness and participation in forest fire prevention, are the main factors hindering the effectiveness of these strategies. In addition, pressure from landowners or influential parties often hinders firm and fair law enforcement. Suggestions for improving the effectiveness of prevention and enforcement strategies include increasing the budget and capacity of officers, the use of advanced technology for monitoring and investigation, and education and empowerment of local communities. In addition, there is a need for increased coordination between agencies and legal protection for officers who face pressure in carrying out their duties. With a comprehensive and inclusive approach, it is hoped that forest and land fires in Bintan can be minimized, so that a more sustainable environment and a stable economy can be realized
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2024 |
Balancing Consumer Rights And Tech Progress: Examining Law No. 8/1999's Impact On Innovation
(Ilham Ilham, Erniyanti Erniyanti, M. Soerya Respationo, Darwis Anatami)
DOI : 10.62951/ijlcj.v1i3.140
- Volume: 1,
Issue: 3,
Sitasi : 0 02-Aug-2024
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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
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2024 |
Juridical Analysis in Overcoming Obstacles to the Development of Individual Companies in the Digital Era
(Nurul Rahmawati, Parameshwara Parameshwara, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijsl.v1i4.146
- Volume: 1,
Issue: 4,
Sitasi : 0 02-Aug-2024
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Batam Port is one of the strategic ports in Indonesia that plays an important role in the flow of goods and passengers and supports regional and international connectivity. As a port with mandatory pilotage waters, pilotage and towing services are vital components in ensuring the safety and efficiency of port operations. The imposition of Non-Tax State Revenue (PNBP) of 5% from these services aims to increase state revenue and the quality of port services. However, the implementation of this policy raises various challenges, such as overlapping levies that increase ship operational costs and low levels of user compliance.This study aims to analyze the legal regulations, implementation, and impact of the imposition and management of PNBP contributions of 5% from pilotage and towing services in Class II Pilotage Waters of Batam Port. The research method used is qualitative with data collection techniques through in-depth interviews, observations, and documentation studies. Research respondents included officials of the Batam Special Harbormaster and Port Authority Office (KSOP), Port Business Entities holding pilotage delegations, shipping companies, and port service user.The results of the study show that the imposition of 5% PNBP is supported by a strong legal basis, but its implementation still faces obstacles such as high operational costs due to overlapping levies and low understanding and compliance of service users. The management of PNBP funds that is not transparent is also an obstacle in achieving the goal of improving port services and infrastructure. To overcome this problem, efforts are needed to harmonize levy policies, increase transparency and accountability in fund management, and provide more effective education and socialization to the maritime community. Suggestions submitted include harmonization of policies between KSOP Batam and the Port Business Entity BP Batam, increasing socialization and education to service users, and reviewing regulations by the government to ensure port efficiency and competitiveness. With these steps, it is hoped that the implementation and management of 5% PNBP can be more efficient, fair, and provide optimal benefits for all stakeholders in Batam Port.
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2024 |
Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty
(Christhopher Theodore Nathanael, Darwis Anatami, Ramon Nofrial, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijss.v1i3.46
- Volume: 1,
Issue: 3,
Sitasi : 0 02-Aug-2024
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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
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2024 |
Juridical Analysis In Overcoming Obstacles To The Development Of Individual Companies In The Digital Era
(Nicholas Tjenggana, M. Soerya Respationo)
DOI : 10.62951/ijlcj.v1i3.139
- Volume: 1,
Issue: 3,
Sitasi : 0 02-Aug-2024
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The Indonesian state is a state based on law (rechstaats) not a state based on force or arbitrariness. Therefore, everything related to state activities from an economic, political, social and cultural perspective will be regulated by law. This research uses an empirical juridical research method using qualitative techniques and the approach method used in this research is a statutory approach and a conceptual approach using literature studies and interviews. The promulgation of the Job Creation Law and Government Regulation Number 8 of 2021 concerning the Authorized Capital of Companies and Registration of Establishment, Changes and Dissolution of Companies which have requirements for UMK are currently known, namely that an Individual Company can be established by 1 person. Obstacles: Individual companies must comply with complex regulations related to data privacy, consumer protection and taxes in the digital era. Solution: Have a strong understanding of applicable regulations and ensure internal systems and processes comply with required compliance standards. Regularly update policies and procedures to ensure ongoing compliance.
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2024 |