Juridical Analysis of Government Policies on Ownership of Rights to Flats
(Sisilia Sisilia, Soerya Respationo, Markus Gunawan, Erniyanti Erniyanti)
DOI : 10.62951/ijss.v1i3.62
- Volume: 1,
Issue: 3,
Sitasi : 0 21-Aug-2024
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Abstrak:
The policy of ownership of the right to the flats is an important aspect in the arrangement of vertical housing in Indonesia, especially in dense urban areas such as Kampung Utama Batam City. The background of this research focuses on the complexity of ownership dualism between individual property rights over units and collective rights to common parts, common objects, and common land. Conflicts of interest and management problems often arise, hindering the optimal implementation of policies. The purpose of this study is to analyze the implementation of government policies on ownership of rights to apartment units in Kampung Utama Batam City, identify existing obstacles, and provide recommendations for improvement. The research method used is a normative juridical approach with case studies. Data was collected through analysis of legal documents, interviews with stakeholders, and field observations. The analysis was carried out using positive legal theory from John Austin to understand the existing legal framework, legal system theory from Lawrence M. Friedman to evaluate the interaction between legal structure, substance, and culture, and legal certainty theory from Sudikno Mertokusumo to assess the clarity and predictability of applicable laws. The results of the study show that although the policy has been well drafted in Law No. 20 of 2011 concerning Flats, its implementation in the field still faces various obstacles. Dualism of ownership, unclear certificate status, complex administrative procedures, and lack of legal socialization are some of the main problems found. Strengthening the role of the Flats Owners and Occupants Association (P3SRS), the use of digital technology for administrative procedures, and increased supervision and law enforcement were identified as solutions to overcome these obstacles. The suggestions provided include increased coordination between related agencies, active community participation in the management of flats, and simplification of administrative procedures by the government. More effective implementation is expected to provide better legal certainty and create a harmonious residential environment in Kampung Utama Batam City.
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2024 |
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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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 |
Juridical Analysis Of Dispute Resolution In Online Arisan Agreements (Verdict Number 12/Pdt. G/2020/PN. Tpg)
(Muhammad Rinaldi, Bachtiar Simatupang, Ramon Nofrial, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijsl.v1i4.172
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Aug-2024
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In today's modern era, all activities are beyond what is called technological progress, social media is now not only a medium to communicate but can also be a medium that can do investment activities. Man is called a creature homo economics (mahkluk ekonomi). This term is then now understood by most people with the meaning of a creature whose primary purpose in life is to seek profit. With the development of this era all investment activities can be done easily based on digital social media or online, one of the investment activities that can be made with online is online earnings, earnings in general is the activity of collecting money in groups formed by a member then determined how many times in a day or a week spend a month in such collection. after the money is collected then it is determined who will get the first number lottery to the end. With the development of this era online arisan activities are now also not only supported by adults but also by young people, for young people online Arisan becomes an investment choice because of the mechanisms that are quite easy, efficient, and encouraging, but not a little maintenance of this online aryan runs smoothly one of the cases of disadvantage against online arsan. The aim of this study is to find out the conclusion of a misconduct in an online arisan agreement between Umi Barokah (claimant I), Susanti (claimed II), Fransisca Irene Miranda Putty (claimer III), Erfira Meyer (claimsant IV) and the accused namely Anggie Nadia under Judgment No. 32./Pdt.G/2020/PN. Tpg. Based on the research used, the specifications of the research are descriptive. Juridical-normative, legislative, informal, and case approaches. Data collection techniques used are document studies and literature studies, with methods of data analysis normative-qualitative. Based on the results of the analysis of the settlement of non- performance in the online derivative agreement in the judgment No. 12/Pdt.G/2020/PN. Tpg, the judge's assembly rejected the petitioners' claims in its entirety because they did not meet the subjective conditions of the agreement, and the objective valid condition of an agreement is that there is no particular thing, and cause is not legal that is contrary to the law.
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2024 |
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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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 |
Juridical Analysis Of The Factors That Encourage Recidivism Of Narcotics Crimes
(Muhammad Adi Putra, Erniyanti Erniyanti, Ramlan Ramlan, Soerya Respationo)
DOI : 10.62951/ijss.v1i3.60
- Volume: 1,
Issue: 3,
Sitasi : 0 13-Aug-2024
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The problem of recidivist narcotics is a significant complex issue in Indonesia, including in Batam Class IIA Prison. This phenomenon raises concerns because of its negative impact on society and social stability. This study aims to analyze the juridical factors that encourage recidivism of narcotics crimes and identify obstacles in the implementation of rehabilitation programs in Batam Class IIA Prison. 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 handling recidivism, such as Law Number 35 of 2009 concerning Narcotics. Meanwhile, empirical sociological methods are used to collect data through interviews and direct observations in the field to understand the implementation of rehabilitation programs and social factors that contribute to recidivism. The results of the study show that weaknesses in the criminal justice system, lack of post-release support, social stigma, and an unsupportive social environment are the main factors that encourage recidivists. A justice system that focuses more on punishment than rehabilitation leads to a lack of effective rehabilitation programs. Minimal post-liberation support, such as difficulty finding work and housing, also contributes to high rates of recidivism. Social stigma and discrimination exacerbate the condition of ex-convicts, hindering them from reintegrating into society. An unstable social environment, especially one with easy access to narcotics, is also a driving factor for recidivism. Based on these findings, this study provides several suggestions, including increasing the number and quality of professionals in the field of rehabilitation, adjusting skills training programs to be relevant to the needs of the job market, and closer cooperation between law enforcement agencies, the government, and the community in supporting the reintegration of former prisoners. It is hoped that these suggestions can help reduce recidivism rates and increase the effectiveness of the penitentiary system in Indonesia.
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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 |
The Role Of Sub-Districts In Running The Program Village Infrastructure Facilities (PSPK) As Form Of Public Service Delivery
(Firdaus Firdaus, Fadlan Fadlan, Sayid Fadhil, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijhs.v1i3.57
- Volume: 1,
Issue: 3,
Sitasi : 0 09-Aug-2024
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The purpose of this writing is to discuss the issue of Legal Regulation and achievements and obstacles in the implementation of the Village Infrastructure Program (PSPK) as a form of public service implementation in Bengkong District. This is due to the overlap of regulations in the implementation of the Village Infrastructure Program activities, so it is necessary to know how the implementation of Batam City Regional Regulation Number 6 of 2021 concerning Community Empowerment-Based Development in Urban Villages and Batam Mayor Regulation Number 46 of 2022 concerning Guidelines for the Implementation of Facilities and Infrastructure Development Activities and Community Empowerment. To answer this problem, the author uses a methodology through a normative-empirical law research approach (applied law research), with data collection methods through observation and questionnaires Using a normative-empirical legal case study in the form of a legal behavior product, the subject of the study is the implementation or implementation of positive legal provisions, the results of this study show that the implementation of the Village Infrastructure Program (PSPK) in Bengkong District has not been implemented optimally, as well as many factors that hinder the implementation process, such as the lack of coordination between vertical agencies, resulting in overlapping regulations in its implementation. The implications are a). So that the Bengkong District Government re-socializes the Village Infrastructure Program (PSPK) to the community b). In order for the sub-district government to further improve coordination with vertical agencies regarding the implementation of Village Infrastructure Program (PSPK) activities. c). For the Bengkong District Government to make a proposal for an agreement with vertical agencies in proposing development through one sub-district door so that there is no overlap of rugals and budget waste.
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2024 |
Juridical Analysis Of Handling Optimization Election Crimes At The Gakkumdu Center
(Ervin Fitianingrum, Ramlan Ramlan, Lagat Parroha Patar Siadari, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijls.v1i4.160
- Volume: 1,
Issue: 4,
Sitasi : 0 09-Aug-2024
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The handling of election crimes is one of the important aspects in maintaining the integrity and fairness of the process of holding general elections in Indonesia. The Integrated Law Enforcement Center (Gakkumdu Center) was formed as a forum for law enforcement of violations of crimes in General Rehabilitation which is carried out in an integrated manner by Bawaslu, the National Police, and the Prosecutor's Office. However, in practice, in the Batam City Gakkumdu Center, it was found that there were obstacles caused by Batam City Gakkumdu Center officers who did not understand their duties and authorities as well as the applicable rules in handling election violation cases, namely investigators who did not carry out investigations in the Gakkumdu Center. This study aims to analyze juridically the optimization of the handling of election crimes by the Gakkumdu Center with a focus on the Batam City Bawaslu. This study uses a normative juridical research method with a qualitative approach. Data was collected through document studies, in-depth interviews with members of Bawaslu, the Police, and the Prosecutor's Office, as well as direct observation of the case handling process by the Gakkumdu Center in Batam City. Data analysis is carried out in a descriptive-analytical manner to identify obstacles and formulate optimization efforts. The results of the study show that there are officers of the Batam City Gakkumdu Center who are not compliant in carrying out their duties and authorities in accordance with applicable rules in handling cases of election violations, namely investigators who do not carry out investigations in the Gakkumdu Center so that as a result of Bawaslu members at the Gakkumdu Center being confused/not taking a stand in deciding the case to be stopped/continued because the facts of the calrification results are not drawn optimally, so that there is a potential for expiration in case handling and administrative issuance that does not comply with principles. This study concludes that optimizing the handling of election crimes at the Gakkumdu Center in Batam City requires a comprehensive and integrated approach. By implementing the recommended steps, it is hoped that the Gakkumdu Center in general can be more effective and procedural in carrying out its duties so that the law enforcement
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2024 |
Juridical Analysis of the Issuance of Sailing Approval Letters at the Municipal Office and Port Authority to Obtain Legal Certainty
(Ismet Sihombing, Erniyanti Erniyanti, Ramlan Ramlan, Soerya Respationo)
DOI : 10.62951/ijsw.v1i4.59
- Volume: 1,
Issue: 4,
Sitasi : 0 09-Aug-2024
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The issuance of a Sailing Approval Letter (SPB) by the Office of Municipal Affairs and Port Authority (KSOP) is a crucial process that ensures that ships operating in Indonesian waters meet safety and seaworthiness requirements in accordance with applicable maritime regulations. This study was conducted against the background of the importance of SPB in providing legal certainty for all parties involved in shipping, as well as various obstacles faced in the issuance process at the Batam Special KSOP. This study aims to analyze juridically the procedure for issuing SPB in the Batam Special KSOP in order to obtain legal certainty, identify existing obstacles, and offer relevant solutions. The research methods used are normative juridical and empirical sociology. The normative juridical approach is carried out by analyzing related laws and regulations, such as Law Number 17 of 2008 concerning Shipping, Government Regulation Number 51 of 2002 concerning Shipping, and Regulation of the Minister of Transportation Number 39 of 2017 concerning Registration and Nationality of Ships. An empirical sociological approach is carried out through direct observation and interviews with KSOP officers, ship operators, and other related parties to get a practical picture of the implementation of SPB issuance in the field. The results of the study show that although the procedure for issuing SPB at the Batam Special KSOP is in accordance with applicable regulations, there are various obstacles such as limited human resources and equipment, ineffective coordination between agencies, and non-compliance of ship operators with regulations. To overcome these obstacles, efforts are needed to increase resource capacity, invest in technology, and improve coordination between agencies. Suggestions given include: (1) Batam Special KSOP needs to increase the number and skills of officers through training and recruitment, (2) The government should provide a budget for investment in modern equipment and technology, and (3) the community, especially ship operators, should increase compliance with regulations through participation in socialization and education programs. Thus, it is hoped that the SPB issuance process can run more effectively and efficiently, providing better legal certainty for all parties involved.
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2024 |
Juridical Analysis Of The Authority Of Quarantine Investigators In Handling Cases Of Animal Entry That Have Exceeded The Entry and Exit Points In Batam City
(Edy Chandra Zebua, Dahlan Dahlan, Sayid Fadhil, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijlcj.v1i3.159
- Volume: 1,
Issue: 3,
Sitasi : 0 09-Aug-2024
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Violations of quarantine regulations in Batam City continue to occur to this day. Despite the enactment of Law No. 21 of 2019 concerning Animal, Fish, and Plant Quarantine, which replaced Law No. 16 of 1992 on the same subject and introduced stricter criminal sanctions for violations, there has still not been a deterrent effect on those bringing prohibited items without meeting quarantine requirements. This research addresses how the authority and implementation of quarantine investigators' powers are regulated in handling cases of animal entry that have bypassed the designated import and export points in Batam City, what obstacles or challenges quarantine investigators face, and the solutions at the Animal, Fish, and Plant Quarantine Office of the Riau Archipelago at the Hang Nadim and Telaga Punggur Service Units. The research method combines normative legal research with empirical sociological approaches, utilizing both inductive and deductive methods to analyze and clarify the relationship between research variables and the research object. This approach aims to provide a comprehensive understanding that benefits readers, particularly future researchers and academics. The findings reveal ongoing uncertainty among quarantine investigators in enforcing quarantine regulations in Batam City. This issue arises from differing interpretations of Law No. 21 of 2019 among quarantine officers and the shortage of human resources, which affects investigators' focus on legal enforcement actions, including criminal sanctions. In Batam City, the resolution of quarantine regulation violations prioritizes the philosophy of "ultimum remedium" where punishment is seen as a last resort. Administrative sanctions for quarantine violations include quarantine detention, rejection, and/or destruction of the violating items.
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2024 |