Lilawaty Ginting
Universitas Muhammadiyah Sumatera Utara

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Implementation of Risk-Based Business Licensing in Improving Legal Compliance of Business Actors in Sibolga City Abdillah Afandi Paranginangin; Lilawaty Ginting
International Journal of Society and Law Vol. 4 No. 2 (2026): August 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/7km4ze25

Abstract

This study aims to analyze the implementation of Risk-Based Business Licensing through the Online Single Submission Risk-Based Approach (OSS-RBA) system in Sibolga City from the perspective of the government and business actors, and identify obstacles that influence the increasing legal presence of business actors. The study uses an empirical legal method with a descriptive-analytical juridical-sociological approach. Data were obtained through interviews, observations, and literature studies, then analyzed qualitatively using an interactive analysis model. The results show that the implementation of OSS-RBA has driven the transformation of licensing services towards a faster, more transparent, and integrated risk-based digital system. From the government's perspective, OSS-RBA provides benefits in the form of administrative efficiency, business data integration, and permit issuance. Meanwhile, business actors gain ease of business legalization through the publication of a Business Identification Number (NIB). However, the implementation of OSS-RBA still faces various legal and non-legal obstacles, such as regulatory requirements, weak supervision, low digital literacy, limited technological infrastructure, and a low legal culture in the business community. Therefore, the success of OSS-RBA is not only measured by the number of permits issued, but also by its ability to build legal awareness and a culture of legal business in society.
Criminal Liability of Individuals for the Unlawful Placement of Indonesian Migrant Workers in Malaysia: A Case Study of a Batam District Court Decision Number 418/Pid.Sus/2022/PN Btm Indra Arfansyah Nasution; Lilawaty Ginting
Juris Sinergi Journal Vol. 3 No. 2 (2026): Law, Governance, and Contemporary Social Challenges (in progres)
Publisher : Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/jsj.v3i2.179

Abstract

The unlawful placement of Indonesian migrant workers requires a distinction between prohibited conduct, participation, and individual culpability. This article examines the governing legal framework, the maritime placement arrangement, and sentencing in Batam District Court Decision Number 418/Pid.Sus/2022/PN Btm. It uses doctrinal legal research with statutory, case, and conceptual approaches, addressing Articles 69 and 81 of Law Number 18 of 2017, participation under the former Criminal Code, and the evidentiary rules applicable to the 2022 proceedings. The case concerns Rico Saputra, associated with coordinating and operating the vessel, and Rostam, associated with assisting as a crew member. Each received three years of imprisonment and a fine of IDR 100 million. The article argues that liability must rest on each defendant's contribution and culpability. Equal sentences are not inherently disproportionate, but their justification requires an assessment of the respective roles and relevant aggravating and mitigating circumstances. An operator's title does not establish greater culpability, and crew status does not automatically warrant a lighter sentence. Enforcement should preserve migrant workers' rights and access to appropriate assistance, including for workers travelling through irregular channels.