Juridical Analysis Of Enforcement Of State Civil Apparatus (ASN) Discipline In The School Environment (Research Study Of SMA Negeri 15 Batam)
(Bungasia Bungasia, Fadlan Fadlan, Darwis Anatami, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijls.v1i4.174
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Aug-2024
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Abstrak:
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.
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2024 |
Analysis Of Defaults In Employment Based Contract Agreements The Value Of Justice
(Nabila Gelasia Herta Ananda, Darwis Anatami, Fadlan Fadlan, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijsl.v1i4.161
- Volume: 1,
Issue: 4,
Sitasi : 0 10-Aug-2024
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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
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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 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 |
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 |
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 |
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 |
Legal Aspects of Land Ownership in Batam's Old Villages: A Notarial Perspective
(M. Tartib, Henry Aspan, Darwis Anatami, Etty Sri Wahyuni)
DOI : 10.62951/ijls.v1i2.180
- Volume: 1,
Issue: 2,
Sitasi : 0 30-Apr-2024
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This study examines the complex interplay between formal legal structures, customary practices, and rapid urban development in shaping land ownership dynamics in Batam's old villages (kampung tua). Through a qualitative case study approach, incorporating document analysis, semi-structured interviews, and field observations, we investigate the challenges in reconciling traditional land rights with modern property laws in the context of Batam's development as a free trade zone. Our findings reveal that approximately 70% of land parcels in the studied villages lack formal titles, highlighting the prevalence of informal ownership systems. The research identifies significant legal pluralism, where national land laws, local regulations, and customary (adat) practices coexist and often conflict. Notaries emerge as key actors navigating this complex landscape, often expanding beyond their formal mandate to mediate between different systems of authority and ownership. The study underscores the limitations of current legal frameworks in addressing the unique challenges of land administration in rapidly urbanizing areas with strong customary traditions. We propose the need for more adaptive land governance approaches that can accommodate both formal and informal ownership structures, including specialized legal frameworks for recognizing customary land rights in urban contexts. This research contributes to the broader understanding of land rights issues in the face of rapid urban development and offers insights for policymakers, legal practitioners, and urban planners grappling with similar challenges in other developing regions.
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2024 |