Juridical Analysis Of The Causes Of The Non- Development Of The People's Shipping Industry In Indonesia Due To The Fleet Aging And Extinction Of The Fleet (Research Study In Batam And Tanjung Pinang)
(Topan Wishnu Candra, Soerya Respationo, Parameshwara Parameshwara, Erniyanti Erniyanti)
DOI : 10.62951/ijlcj.v1i3.173
- Volume: 1,
Issue: 3,
Sitasi : 0 19-Aug-2024
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| Last.27-Jul-2025
Abstrak:
The artisanal shipping industry in Indonesia, particularly in Batam and Tanjungpinang, has experienced significant stagnation and decline due to the aging fleet and fleet extinction. The background of this study is based on the importance of the artisanal shipping industry in supporting the local and national maritime economy, as well as the major challenges facing the sector in maintaining efficient and sustainable operations. The purpose of this research is to analyze the juridical factors that cause the non-development of the people's shipping industry in the area, as well as identify legal measures that can support the development of this industry. The research method applied combines normative and empirical approaches through case studies in Batam and Tanjungpinang. Data was collected through in-depth interviews with boat owners, fishermen, government officials, and maritime law experts, as well as analysis of relevant documents. The research integrates John Austin's positive law theory, Lawrence M. Friedman's legal system theory, and systems theory to analyze interactions within the maritime legal system. The results show that burdensome regulations, lack of access to financing, declining competitiveness, as well as environmental impacts and socio-economic factors are the main causes of the underdevelopment of the community shipping industry. Strict regulations and high operational costs make it difficult for small boat owners to comply with regulations, while limited access to financing hinders fleet rejuvenation and upgrades. An aging and inefficient fleet lowers the industry's competitiveness, and environmental pollution from old vessels worsens operating conditions. Suggestions include revising regulations to simplify and reduce administrative burdens, providing accessible financing and subsidy schemes, improving port infrastructure, and training and certification programs for ship owners and crew. In addition, international cooperation is also needed to adopt technology and best practices in the shipping industry. The implementation of these recommendations is expected to support the development of the small-scale shipping industry in Batam and Tanjungpinang, improve competitiveness, and make a greater contribution to Indonesia's maritime economy.
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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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| Last.06-Aug-2025
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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 |
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 |
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 |
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 |
Legal Analysis of the Government's Role in Allocating Land for Farmers to Provide Legal Certainty
(Rudy Tarigan, Soerya Respationo, Parameshwara Parameshwara, Erniyanti Erniyanti)
DOI : 10.62951/ijsl.v1i4.143
- Volume: 1,
Issue: 4,
Sitasi : 0 02-Aug-2024
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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.
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2024 |
Juridical Analysis of Law Enforcement Against Terminals for Self-Interest (TUKS) in Tanjung Pinang City
(Harry Priambodo, Parameshwara Parameshwara, Ramlan Ramlan, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijsw.v1i4.58
- Volume: 1,
Issue: 3,
Sitasi : 0 31-Jul-2024
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| Last.06-Aug-2025
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Law enforcement against the Self-Interest Terminal (TUKS) in Tanjung Pinang City is an important issue in the context of shipping safety and environmental protection. The background of this research is based on various violations that occur in the field, such as lack of facility maintenance, non-fulfillment of safety standards, and environmental pollution, which shows the absence of suboptimal law enforcement by the Tanjung Pinang Class II Port Authority (KSOP). The purpose of this study is to assist the legal arrangements that regulate TUKS, identify obstacles in law enforcement, and provide suggestions to overcome these obstacles to improve the effectiveness of law enforcement. The research method used is a normative juridical approach with an analysis of applicable laws and regulations, including Law No. 17 of 2008 concerning Shipping, Law No. 32 of 2014 concerning Marine Affairs, and Regulation of the Minister of Transportation Number PM 51 of 2011. In addition, an empirical juridical approach is carried out by interviews and observations to obtain empirical data on the application of law enforcement. The results of the study show that law enforcement by KSOP Class II Tanjung Pinang faces several significant obstacles, such as limited human resources and facilities, lack of coordination between agencies, complicated bureaucratic related procedures, and low awareness and compliance of companies with applicable regulations. These obstacles result in the supervision and enforcement of violations in TUKS not running effectively. To overcome these obstacles, this study suggests several strategic steps. First, increase the capacity and resources of KSOP by increasing protected labor and providing modern equipment. Second, strengthen coordination between agencies through the formation of special forums or committees and the implementation of bureaucratic procedures to accelerate the handling of violations. Third, increasing the awareness and presence of the company through socialization and education programs and involving the public in reporting violations. For this reason, it is recommended to increase the allocation of resources, strengthen coordination between related agencies through the formation of forums or special committees, the community, especially companies that operate TUKS, must actively participate in socialization and education programs organized by KSOP Class II Tanjungpinang and the government and for the Civil Servant Investigator Position to be included in the Position Map within the Technical Implementation Unit of the Directorate General of Sea Transportation of the Ministry Transportation at KSOP Class II Tanjungpnang.
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2024 |