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All Journal Nagari Law Review Jurnal Hukum Samudra Keadilan Journal of Law and Policy Transformation Istinbath : Jurnal Hukum Journal of Judicial Review Syiah Kuala Law Journal
Elza Syarief
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Penyelesaian Sengketa Tanah Antara Masyarakat dan Developer di Kota Batam Elza Syarief; Haji Syukur Lehidonu
Journal of Law and Policy Transformation Vol 2 No 1 (2017)
Publisher : Universitas Internasional Batam

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Abstract

Land is a significant part in providing sources for life for human beings. The problems relating to land dispute settlement remain to be unable togive justice and fairness to disputing parties as it is mandated by Pancasila, the 1945 Constitution, Law No.5 of 1960 concerning the Basic Land Law and the Regulation of Agrarian Minister and Head of National Land Body No.5 of 2015 concerning Location Permit. This study reveals that land dispute settlement between community and developers in Batam City should be conducted by litigation and non litigation because these are the appropriate settlement methods in providing justice, security, comfortability and happiness to both disputing parties. === Tanah sebagai bagian yang sangat penting memberikan sumber penghidupan, seluruh umat manusia. Permasalahan penyelesaian sengketa tanah belum dapat memberikan rasa keadilan bagi pihak-pihak yang bersengketa, sebagaimana diamanatkan dalam Pancasila dan UUD 1945 dan Undang-Undang No. 5 Tahun 1960 tentang Dasar Pokok-Pokok Agraria maupun Peraturan Menteri Agraria Dan Tata Ruang/Kepala BPN No.5 tahun 2015 tentang Izin Lokasi. Studi ini mengungkapkan bahwa bentuk penyelesaian sengketa tanah antara masyarakat dan Developer di Kota Batam sebaiknya dilakukan melalui secara Litigasi maupun Non Litigasi karena cara inilah yang paling tepat dalam memberikan rasa keadilan, keamanan dan kenyamanan serta kebahagian bagi kedua belah pihak yang bersengketa.
The Effectiveness of Legal Protection on The Wage of Workers in Small Medium Enterprises in The Culinary Sector Nur Laily; Elza Syarief; Winda Fitri; Sudisno Sudisno
Syiah Kuala Law Journal Vol 5, No 2: Agustus 2021
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (109.344 KB) | DOI: 10.24815/sklj.v5i2.21291

Abstract

The problem of inequality related to wages for workers in a society that we often encounter must be resolved. So, this study aims to determine the effectiveness of the application of the Labor Law on wages of Small and Medium Enterprises workers in the culinary sector in Batam, as well as to see the obstacles that occur in the implementation of wages of Small and Medium Enterprises workers in the culinary sector of Batam City. This reserach is empirical research that is based on events that have occurred in the field regarding the application of the law through a series of observations, interviews with competent government officials, small and medium enterprises in the culinary sector. This research shows that the wages received by most of the Small and Medium Enterprises workers in the culinary sector in Batam City are not feasible, such as the absence of a work agreement as mandated by the Labor Law. This can occur because the Manpower Law does not explicitly accommodate the interests of Small and Medium Enterprises workers in the culinary sector, then the government's lack of awareness in preparing skilled workers, and the low quality of education of workers.
Regulasi Keinsinyuran dalam Konteks ASEAN Mutual Recognition Agreement on Engineering Services Vicky Septia Rezki; Rina Shahriyani Shahrullah; Elza Syarief
Nagari Law Review Vol 6 No 1 (2022): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.1.p.36-54.2022

Abstract

Infrastructure development is a benchmark for a country's achievement. Indonesia as developing countries makes various acceleration efforts by increasing the quality and quantity of engineers as the main actor to produce quality development plans. In addition, considering the development of the ASEAN Economic Community (AEC), engineering practice is expected to contribute globally, especially in ASEAN countries. To answer this, the Government of Indonesia issued Act Number 11 of 2014 concerning Engineering and Act Number 2 of 2017 concerning Construction Services. These two Regulation serve as legal protection for the implementation of engineering practice. However, along with the dynamics of political interests, the implementation of these two regulations are actually contradictive and they inherent the ambiguity of the roles of several intersecting institutions related to the engineering profession certification process. Hence this study aims to analyzes the disharmonization of the regulations and to offer solutions. To achieve the aims, the study uses a sociological juridical method that examines the provisions of the two act and examines in depth the realities that exist in society. Beside that, the method use the secondary legal material such as Mutual Recognition Agreement (MRA) on Engineer Service in ASEAN. This article offers a critical approach obtained from the Focus Group Discussion as a public sphere for the gap in engineering practice certification. In this study, it was found that there are gaps in the function and flow mechanism in obtaining competency certificates. This condition has led to a tendency for professional actors to choose an easiest requirement but provide a large access to participate in various government projects. The study concludes that basically the presence of these two acts are beneficial in regulating engineering practices, but they are not supported by massive information and consistency of the government as a regulator and the synergity of the institutions involved in implementing these regulations has not been optimal.
Legal Responsibilities of Penghulu in Same-Sex Marriage Using False Identities in Batam City Widarto, Muhammad; Rina S. Shahrullah; Elza Syarief
Istinbath : Jurnal Hukum Vol 22 No 01 (2025): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.10099

Abstract

Marriage is a physical and mental bond between a man and a woman that aims to form a happy and lasting family. The bond of marriage is not merely to fulfill biological desires and lust but serves to continue offspring. This research aims to analyze the legal responsibility of the Head of Religious Affairs Office (KUA) and Penghulu in Sei Beduk Sub-district, Batam City towards same-sex marriage using fake identities. What is the legal status of such marriages and what legal efforts can be made as a solution. This research uses field study method with empirical juridical approach. Primary data is obtained from the Head of KUA and Penghulu in Sei Beduk Sub-district, Batam City. Secondary data were obtained from books, journal articles, theses, theses, and dissertations related to the research theme. The data were collected through interviews and documentation and analyzed using qualitative-inductive method. The results show that same-sex marriages are invalid when tested based on religious norms, and do not meet the requirements of the applicable laws and regulations. In terms of culture and noble values that live in the soul of the Indonesian nation, similar marriages are also seen as contradictory. As an effort of legal responsibility, the Head of KUA/Penghulu of Sei Beduk Subdistrict, Batam City as an interested party has made an application for annulment of marriage to the Religious Court of Batam City because he knows that there are defects in the pillars and conditions of marriage according to Islamic law and laws and regulations. In the decision of the Batam City Religious Court No. 60/Pdt.G/2013/PA.Btm, the same-sex marriage that took place at the KUA of Sei Beduk Subdistrict, Batam City was finally annulled, resulting in the status of the marriage being deemed never to have existed.
Co-Authors Agung Prayogo Ampuan Situmeang Asmin Patros Attika Balqist Deddy Eka Saputra Haji Syukur Lehidonu Lu Sudirman Naomi Hani Romauli Simanungkalit Nur Laily Raja Syaiful Anwar Rina S. Shahrullah Rina Shahriyani Shahrullah Rina Shahriyani Shahrullah Risky Hadi Putra Shelvi Rusdiana Sudisno Sudisno Sugiyarto Sugiyarto Tedy Surya Uji Febianika Vicky Septia Rezki Wagiman Wagiman Widarto, Muhammad Winda Fitri Yudhi Priyo Amboro