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All Journal WAJAH HUKUM Journal of Law and Policy Transformation Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal of Judicial Review
Ampuan Situmeang
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Analisis Terhadap Premium Remedium Terkait Sanksi Hukum Lingkungan Junimart Girsang; Ampuan Situmeang; Rumbadi Rumbadi
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Batam Island as Port and Free Trade area in accordance with Law No. 27 Year 2007 and Government Regulation No. 1 of 2007. Batam as Trade and Free Port areas including islands Watch, Setokok Island, Nipah, rempang, Galang Island, Pulau Galang The new, benefits of the implementation of the free trade zone and port 34 countries have invested in sini.Konsekuensi status Free Trade Zone is the number of investors who have a negative impact on the one hand, and the positive impact on the other side.The negative impact is environmental damage as a result of the operations of these companies, there are companies that produce hazardous toxic waste (B3), there was a company importing B3 waste into Indonesia such as PT. Jace Octavia Mandiri. Stockholm Convention of 1972, the Basel Convention on the Control of Trans boundary Movement on Hazardous Waste and Their Disposal. Indonesia ratified the Stockholm Convention was issued Law No. 32 of 2009 on the Protection and Environmental Management replaces Law Number 27 Year 1997 on Environmental Management.Batam City Government faced with a difficult choice in the application of sanctions in accordance with Law No. 32 of 2009 on the Protection and Management of the Environment, because in that regulation, administrative sanctions (ultimum Remedium) environment must be put forward before stepping other sanctions that sanctions Criminal (Premium Remedium ).
Penerapan Peraturan Daerah Pada Sektor Kelautan Dan Perikanan di Provinsi Kepri Rufinus H. Hutauruk; Ampuan Situmeang; Raja Taufik Zulfikar
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The background of the study was about the problems in the policy and implementation of Riau Islands Province Regional Regulation Number 2 Year 2009 about the long-term plan in the effort to eliminate poverty in naval and fishery potential basis to increase the prosperity of Riau Islands Province people in coastal area specifically and Indonesians generally. The problems discussed in this study were about the obstacles in implementing the naval and fishery sector development and the solution to overcome the problems.The absence of basic infrastructure, the low education level, the geographical conditions of occupied islands all over Riau Islands Province area which were heavily influenced by the climate, and the lack of human resources to execute the programs made it slow to reach the targeted change in implementing the naval and fishery development policy.For the development continuation, it is recommended to Riau Islands Province Local Government along with Riau Islands Province People’s Regional Representative Council to issue a Local Regulation to make naval and fishery development to be the main priority in increasing the prosperity of the people as the maritime economy power basis in NKRI framework as the Foremost Islands Province, increasing the control, coordination, and synergy between sectors with related institute in formulating and implementing the naval and fishery development policy, reexamining the aid receivers, making an agreement with a clear regulation and binding the aid receivers.
Pemenuhan Hak Upah Tenagakerja Dalam Rangka Mendukung Investasi di Kota Batam Elza Syarief; Ampuan Situmeang; Sugiyarto Sugiyarto
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This study to analyze Undang-Undang No. 13 Year 2003 about Employment to organize the labors in order to support the investment at Batam City. This research used juridical sociological law framework. The research showed that the labors wage system at Batam City was adapted to the appropriate living standard at Batam City. The minimum wages at Batam City increased regularly and gave a negative impact in investment climate at Batam City because foreign companies had to pay a high value of wages. Because of that, the solution offered to Batam City government was to create a safe environment and stable labors wage.
Analisis Perjanjian Pembangunan Jembatan Bintan-Dompak Antara PT. Nindya Karya dengan Pemerintah Kepulauan Riau Rina Shahriyani Shahrullah; Ampuan Situmeang; Any Lindawaty
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Dompak Island to Bintan Island bridge construction is a building construction between the government and the private company which then became a written contract that had been agreed by both parties. However, later in time, what was written in the contract was not obeyed by both parties and caused a legal problem between the Riau Islands Government and PT NindyaKarya. Based on the description above, the researcher wanted to analyze Bintan Island- Dompak Island bridge construction implementation whether it had referred to the legal and proportion principles. The researcher also wanted to know the factors, impacts, and efforts that has been done by both parties. The research method that using empirical/sociological law method is done by examining the written positive law requirements used to guide the Bintan Island- Dompak Island bridge construction implementation agreement, and then examined the positive law implementation on the in concreto legal events. The result showed that Bintan Island-Dompak Island bridge construction implementation agreement had not fully obeyed the legal and proportion principles. In the end, the researcher recommended to continue the project of the bridge with the risk of falling down which could bring a big loss to the country, to make the content of the agreement clear and detail, done by the efficient, affective, and accountable goods procurement which in line with the necessity and target set to give a maximum advantages for the society. The legislations made by the government should not contradict each other because it would cause the society to suffer and the welfare society could be realized.
Efektivitas Penerapan Undang-Undang Mata Uang di Kota Batam Dalam Pembatasan Penggunaan Valas Ampuan Situmeang; Budi Setiawan
Journal of Law and Policy Transformation Vol 1 No 2 (2016)
Publisher : Universitas Internasional Batam

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Law on Currency regulates an obligation to use Rupiah in the Indonesian territory. According to article 21 paragraph (1) of Law No. 7 of 2011 concerning Currency, Rupiah must be used in every transaction that has the purpose of payment, settlement of responsibility with money; and/or other financial transactions. However, since the enactment of the Law, the use of foreign currency as legal medium of exchange is still being done by businessman in Batam City. This study aims to determine the effectiveness of the implementation of the Law in Batam City. This study uses empirical sociological methods to analyse the effectiveness of the Law. The data collection is done by conducting interviews by purposive sampling and research libraries. The results indicate that the application of the Law on Currency in Batam City has not been effective; consequently it has no impact on the investment climate in Batam City. The implementation of the Law and the obligation to use Rupiah in Batam City can be realized if the Bank of Indonesia or the government can set up specific rules for Batam City which has one goal, namely the stability of rupiah. === Undang-Undang No 7 Tahun 2011 Tentang Mata Uang mengatur kewajiban penggunaan Rupiah di wilayah NKRI. Menurut pasal 21 ayat (1) Undang-undang Nomor 7 Tahun 2011 Tentang Mata Uang, Rupiah wajib digunakan dalam setiap transaksi yang memiliki tujuan pembayaran; penyelesaian kewajiban lainnya yang wajib dipenuhi dengan uang; dan/atau transaksi keuangan lainnya. Akan tetapi sejak ditetapkanya Undang-Undang Mata Uang tersebut, penggunaan valuta asing sebagai alat pembayaran yang sah tetap dilakukan oleh para pelaku usaha di Kota Batam. Penelitian ini bertujuan untuk mengetahui efektivitas penerapan Undang-Undang mata uang di kota Batam. Penelitian ini menggunakan metode sosiologis empiris dengan mengedepankan penelitian terhadap efektivitas hukum. Pengumpulan data dilakukan dengan melakukan wawancara yang ditentukan secara purposive sampling dan penelitian pustaka. Hasil penelitian ini menunjukan bahwa penerapan Undang-Undang Mata Uang di Kota Batam tidak berjalan efektif sehingga tidak memiliki dampak bagi iklim investasi di Kota Batam. Penerapan Undang-Undang Mata Uang dan kewajiban penggunaan Rupiah di Kota Batam dapat berjalan apabila, Bank Indonesia atau pemerintah dapat membuat aturan khusus bagi kota Batam dengan tetap pada satu tujuan yaitu kestabilan nilai Rupiah.
The Urgency of Publication in Intellectual Property Issuance in Indonesia Herlambang Adhi Nugroho; Ampuan Situmeang; Elsa Syarief
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6559

Abstract

The trademark "I AM GEPREK BENSU SEDEP BENEERRR," which has the rights to industrial designs and is registered with the Director General of Intellectual Property (KI) and has been used since April 2017, has similarities with the Geprek Bensu brand. In this study, there are 2 (two) points that are the subject of the study of the problem, namely how to publish industrial designs and trademarks in Indonesia and what is the right solution so that industrial designs and trademarks in Indonesia are not published in duplicates. In answering these problems, the author uses a normative juridical approach. The results of this study are that the issuance of industrial designs and trademarks is carried out based on early registration. In order to avoid the existence of similarities in society, it is necessary to publish massively in various media.
Analisis Yuridis Penerbitan Surat Persetujuan Berlayar Mt. Sea Tanker Ii di Kantor Kesyahbandaran dan Otoritas Pelabuhan Batam Isnawati Azizatul Rahma; Ampuan Situmeang; Junimart Girsang
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1259

Abstract

MT. Sea Tanker II, which was going to docking to Surabaya, was hampered by its departure due to the non-issuance of a Sailing Approval Letter by the KSOP Batam Region, on the grounds that the owner MT. Sea Tanker II was reported by other parties regarding MT. Sea Tanker II at the Riau Islands Police. MT. Sea Tanker II has carried out its obligations to pay the fees for anchoring services, mooring services, guide-in services, and delay-in services, as well as completing the required documents for the issuance of the Sailing Approval Letter, but the Special KSOP Batam Region is not willing to issue the SPB for fear of being investigated by investigators from the Regional Police. Riau Islands. The actions taken were not in accordance with the KSOP authority contained in articles 207 and 208 point (g) of Law Number 17 of 2008 concerning Shipping, which states that KSOP Batam Region can only detain ships with a written order from the Court. This research is a legal research, namely the process of finding legal rules, legal principles, or legal doctrine in order to answer legal issues and analyze court decisions.
Kewenangan Eksekusi Riil Pengadilan Negeri terhadap Perkara Konsinyasi Pengadaan Tanah Bagi Pembangunan untuk Kepentingan Umum Ronal Roges Simorangkir; Ampuan Situmeang; Triana Dewi Seroja
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1419

Abstract

Article 98 of the Government Regulation of the Republic of Indonesia Number 19 of 2021 concerning the Implementation of Land Acquisition for Development in the Public Interest states that in the event that compensation money has been entrusted to the District Court but the party is entitled to the land still controls the land object, execution can be requested, however The final product consignment application case is in the form of a determination and not a decision and the ruling is not condemnatory in nature, thus causing problems. This research is a normative juridical research that only examines primary, secondary and tertiary legal materials such as statutory regulations, both Law Number 48 of 2009 concerning Judicial Power and the Herzien Inlandsch Reglement (H.I.R) / Rechtreglement voor de Buitengewesten (Rbg), Republic of Indonesia Government Regulation Number 19 of 2021, Supreme Court Regulation Number 2 of 2021, books and journals. Data collection techniques using document study and analysis were carried out qualitatively, where the results of this research show that there is authority for the Chairman of the District Court to carry out real executions based on the Theory of Authority, Progressive Legal Theory and the Principle of Social Function, and in the future there must be reconstruction and harmonization of norms related to the execution of Land Acquisition consignment cases. 
Achieving SDG-16 in State Owned Enterprise by Implementation of ISO 37001: Anti-Bribery Management Nur'Asih Budhi Dharma Putri; Ampuan Situmeang; Triana Dewi Seroja
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9799

Abstract

In 2021, SOEs Minister Erick Thohir launched the AKHLAK program to address SOEs problems including corruption cases. Indonesia as a member of the UN has an agenda to achieve, which is Sustainable Development Goals (SDGs). The high number of corruption cases in SOEs slows down the achievement of SDGs, especially no. 16 "Peace, Justice and Strong Institutions". The research method uses normative juridical with secondary data sources as the main data and also supported by primary data. The results showed that the implementation of ISO 37001 Anti-Bribery Management System in SOEs can prevent bribery and is normally implemented thoroughly in about 4-6 months. The obstacles to implementing ISO 37001 in SOEs are influenced by the commitment of the leadership of SOE institutions.
Co-Authors Any Lindawaty Budi Setiawan Elsa Syarief Elza Syarief Herlambang Adhi Nugroho Isnawati Azizatul Rahma Junimart Girsang Nur'Asih Budhi Dharma Putri Raja Taufik Zulfikar Rina Shahriyani Shahrullah Ronal Roges Simorangkir Rufinus H. Hutauruk Rumbadi Rumbadi Sugiyarto Sugiyarto Triana Dewi Seroja