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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Khairul Riza
STIE Krakatau
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Digitalization Reform Of Land Certification In The Batam Free Trade Zone And Free Port Area Siti Nurkhotijah; Soerya Respationo; Khairul Riza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.368

Abstract

This study examines the urgency, challenges, and prospects of law enforcement in the implementation of land certificate digitalization in the Batam Free Trade Zone and Free Port Area (KPBPB Batam). The digitalization of land certificates, particularly through the application of electronic certificates, is expected to strengthen legal certainty, prevent document forgery, expedite administrative processes, and enhance transparency in land governance in Indonesia. However, the dual authority of the Batam Authority (BP Batam) and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) creates regulatory and institutional complexities that have the potential to trigger conflicts in land management. The research method used is normative-empirical with a statute approach, case approach, and socio-legal analysis, supported by primary data in the form of interviews with BP Batam officials, ATR/BPN, notaries/PPAT, and secondary data comprising laws and regulations, legal literature, and related decisions. The results of the study indicate that although the digitalization of land certification offers significant potential to support investment and sustainable development in Batam, its implementation is still hampered by overlapping regulations, weak institutional coordination, limitations of technological infrastructure, and the unpreparedness of human resources. This study concludes that legal reform and regulatory harmonization between BP Batam and ATR/BPN are the main prerequisites for the successful digitalization of land certificates. In addition, strengthening law enforcement mechanisms, implementing the principles of good governance, and ensuring transparent oversight are key to preventing the abuse of authority and land disputes. The contribution of this research lies in enriching the discourse on land law reform in special economic zones and providing policy recommendations for the government, legal practitioners, and investors in facing the challenges of implementation.
Criminal Liability and Business Judgment Rule in Indonesia’s Sovereign Wealth Fund: The Case of BPI Danantara Parameshwara; Ramlan; Khairul Riza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22124185

Abstract

This article examines the issue of criminal liability of corporate executives within the structure of Indonesia’s Sovereign Wealth Fund, particularly BPI Danantara, in relation to investment losses and anti-corruption enforcement. It highlights how regulatory inconsistencies and institutional overlap complicate legal accountability when public wealth is managed through a private corporate model. The purpose of this article is to critically analyze the legal construction of executive responsibility in BPI Danantara by examining the interplay between the Business Judgment Rule (BJR), the principle of public accountability, and the current limitations of corruption law enforcement in Indonesia. This study employs normative legal research using statutory, conceptual, historical, and case-based approaches. Legal sources include primary laws and constitutional court rulings, supported by secondary materials such as legal journals and authoritative commentaries. Analysis is conducted through juridisch denken (legal reasoning) to assess the consistency of norms. The findings of this study reveal that the current legal framework provides de jure protection to executives under the BJR, but in the absence of oversight and transparency, it may foster legal impunity. The classification of state-invested assets as private capital under BPI Danantara limits the scope of criminal liability, highlighting the urgent need for harmonization between corporate governance standards and anti-corruption legal norms in the context of sovereign wealth fund operations.
Money Laundering Risk in Batam's Special Economic Zone: Industrial Vulnerabilities and Enforcement Gaps Ramlan; Darwis Anatami; Parameshwara; Khairul Riza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22124255

Abstract

Purpose: This study analyzes the forms of money-laundering risk emerging from industrial activity in the Batam Special Economic Zone (SEZ), evaluates the effectiveness of legal enforcement and preventive measures, and identifies the institutional obstacles that constrain risk mitigation in the zone. Methodology: The research applies a normative-empirical (socio-legal) approach combining statutory and case analysis. Primary data were collected through in-depth interviews with law enforcement officials, financial-intelligence analysts from Indonesia's Financial Transaction Reports and Analysis Center (PPATK), industrial actors, and Batam SEZ authorities, supplemented by secondary data from statutes, court records, and institutional risk assessments, and analyzed using a qualitative-descriptive method. Findings: The Batam SEZ is highly vulnerable to money laundering, particularly through fictitious export-import transactions, under-invoicing, abusive transfer pricing, and the use of shell companies. Although a comprehensive regulatory framework and reporting infrastructure exist, enforcement remains weakened by institutional fragmentation, the absence of fully risk-based supervision, and limited corporate compliance with Anti-Money Laundering standards, patterns that recur across documented cases and parallel compliance failures elsewhere in the zone's regulatory architecture. Limitations: The study is constrained by limited access to confidential financial data and by its focus on a single SEZ; broader comparative research across other zones and jurisdictions is needed. Contribution: The study contributes to the discourse on economic-crime prevention by mapping practical vulnerabilities within SEZ industrial sectors and proposing integrated, risk-based enforcement and asset-recovery strategies, including expanded reporting obligations, strengthened Non-Conviction Based Asset Forfeiture, and the prospective use of Deferred Prosecution Agreements.
Co-Authors Darwis Anatami H.M. Soerya Respationo Parameshwara Ramlan Siti Nurkhotijah