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Analisis Yuridis Proses Penyelesaian Tindak Pidana Terhadap Pelaku Penipuan Melalui Pembayaran Elektronik Untuk Mewujudkan Perlindungan Hukum Muhammad Noval; Ramon Nofrial; Siti Nurkhotijah
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 2 No 1 (2022): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v2i1.1579

Abstract

Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 states that any person who intentionally and without rights spreads false and misleading news that results in consumer losses in Electronic Transactions shall be punished with imprisonment and/or or fines. The fraud that occurred at One Mall Batam carried out through fake or fictitious electronic transactions cost the victim a total of 30 million rupiah. Purpose: The purpose of this study is to determine the regulation of criminal law against perpetrators of fraud through electronic payments in order to realize legal protection. And to find out the implementation, constraint factors and solutions in preventing and overcoming the rise of fraud in electronic payments. This research method is empirical juridical. Methodology: This research consists of literature study and is also supported by field studies through interviews with respondents. Results: The results of the study indicate that the regulation of criminal law against criminals through electronic payments in realizing legal protection, namely Article 378 of the Criminal Code which regulates special crimes, is also specifically regulated in Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which regulates criminal acts of fraud committed through electronic transactions and is subject to a maximum criminal penalty of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000 ,00 (one billion rupiah). Implementation in preventing and overcoming the rise of fraud in electronic payments is carried out by optimally criminalizing the perpetrators of crimes committed through electronic transactions. Limitations: The constraint factor faced is that there are many types of electronic transactions that cannot be reported directly, making it easier to ensure the results of daily reports. Contribution: The solution is that the victim must be more careful in accepting every payment through an electronic transaction, the victim must have the equipment to verify the proof of the electronic payment. It is recommended for law enforcement officers to optimize the performance of law enforcement for electronic transactions and dismantle tricks or methods applied by perpetrators to prevent other victims, victims to be more careful and thorough in accepting electronic transactions and must ensure first in advance of any payments made.
OPTIMIZING IMMIGRATION PUBLIC SERVICES THROUGH ADMINISTRATIVE AUTHORITY AT BATAM IMMIGRATION CHECKPOINTS Ahmad Rifki; Soerya Respationo; Siti Nurkhotijah; Erniyanti; Ramlan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

services through administrative authority at the Batam Center Port Immigration Checkpoint (TPI), identify the accompanying obstacles, and formulate relevant policy solutions. Research Methodology: The research uses an empirical juridical approach (socio-legal research) with qualitative methods, combining legislative, conceptual, case, and socio-legal approaches, through semi-structured interviews with immigration officials, field observations on the implementation of digital-based international arrival reporting, and document studies at the Batam Class I Special Immigration Office TPI. Results: The administrative authority of Immigration Officers at the Batam Center TPI has strong legal legitimacy through attribution, delegation, and mandate mechanisms, but the implementation of digital services via the All Indonesia Application is not optimal due to regulatory gaps, the absence of imperative administrative sanction norms, and the unavailability of standard Contingency Plan SOPs. The Reliability Dimension has not been achieved due to server latency during peak hours, while the Responsiveness Dimension of officers is high but functions as a compensating factor that shifts the role of officers from border law enforcement to technical assistance. From the perspective of Aristotle's Theory of Justice, a single digital service scheme has the potential to harm distributive justice for vulnerable groups, while corrective justice for system failures is still ad-hoc because it has not been institutionalized. Conclusion: Optimizing immigration public services at TPI Batam Center requires holistic legal and bureaucratic engineering in three dimensions at once, namely legal substance, legal structure, and legal culture, as per the Friedman Legal System Theory framework, so that the balance of the Four Immigration Functions can be realized without sacrificing state security or the quality of public services. Limitations: The research is limited to one locus, namely the Batam Center Port TPI, with qualitative data based on interviews with a limited number of informants, so generalizations to other TPIs with different characteristics need to be done carefully. Contribution: This research contributes to the development of state administrative law and immigration law, particularly regarding administrative authority in digital border governance, and proposes concrete recommendations for the Directorate General of Immigration and the Batam Immigration Office.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF THE POLICY OF REFUSAL OF ENTRY FOR FOREIGN CITIZENS IN THE FRAMEWORK OF MAINTAINING STATE SOVEREIGNTY AT THE SEA IMMIGRATION INSPECTION PLACE IN BATAM CITY (RESEARCH STUDY AT BATAM CENTER INTERNATIONAL PORT) Fajar Utama; Erniyanti; Fadlan; Soerya Respationo; Siti Nurkhotijah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The refusal of entry of foreign nationals constitutes a preventive immigration instrument that plays a strategic role in safeguarding the sovereignty, security, and public order of the Unitary State of the Republic of Indonesia. This study aims to analyze the legal framework, implementation, obstacles, and solutions concerning the effectiveness of the policy on the refusal of entry of foreign nationals as an instrument for safeguarding state sovereignty at the Sea Immigration Checkpoint in Batam City, particularly at Batam Center International Port. This research employs an empirical legal research method using statutory, conceptual, and empirical approaches. Data were collected through observation, interviews, documentation, and examination of primary and secondary legal materials. The findings indicate that, normatively, the refusal-of-entry policy has a legal foundation under Law Number 6 of 2011 on Immigration and Minister of Law and Human Rights Regulation Number 9 of 2024. However, its implementation remains not fully effective due to interpretive gaps concerning several grounds for refusal, particularly the clarity of the purpose of visit and the sufficiency of living expenses, which are not yet supported by uniform technical indicators and evidentiary parameters. Effectiveness is also affected by limited secondary inspection facilities, dependence on the reliability of immigration information systems and network connectivity, suboptimal integration of passenger manifest data, and the need to strengthen the competence and consistency of immigration officers. Therefore, regulatory and procedural improvements are required through measurable evidentiary indicators, strengthened infrastructure and immigration information systems, digitalization of refusal documentation, enhanced competence and integrity of immigration officers, and stronger inter-agency coordination. Ultimately, an effective refusal-of-entry policy must balance the facilitation of international mobility with firm law enforcement, thereby ensuring that state sovereignty is protected in an objective, accountable, and sustainable manner.
LEGAL ANALYSIS OF LAW ENFORCEMENT ON LATE PAYMENT OF MOTOR VEHICLE TAXES FOR TAXPAYERS (RESEARCH STUDY AT THE BINTAN SAMSAT OFFICE) Riza Rosalya; Fadlan; Erniyanti; Soerya Respationo; Siti Nurkhotijah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Motor Vehicle Tax (MVT) is one of the primary sources of Regional Original Revenue (Pendapatan Asli Daerah/PAD) that plays a crucial role in financing regional governance and development. However, the high rate of late Motor Vehicle Tax payments by taxpayers has negatively affected regional revenue collection and reduced the effectiveness of law enforcement in regional taxation. This study aims to examine the legal framework governing Motor Vehicle Tax, analyze the implementation of law enforcement against late tax payments, and identify the obstacles and potential solutions at the Bintan Samsat Office. This research employed an empirical legal research method using both a statutory approach and a sociological approach. Primary data were collected through interviews with officers of the Bintan Samsat Office and taxpayers, while secondary data were obtained through a review of relevant legislation, legal literature, and official documents concerning Motor Vehicle Tax. The collected data were analyzed qualitatively to evaluate the effectiveness of law enforcement in addressing late Motor Vehicle Tax payments. The findings reveal that law enforcement against late Motor Vehicle Tax payments at the Bintan Samsat Office has been implemented in accordance with Law Number 1 of 2022 on Financial Relations between the Central Government and Regional Governments, as well as the applicable regional regulations and implementing provisions on regional taxation. Enforcement measures include the imposition of administrative sanctions in the form of fines, public awareness and education programs, the provision of digital tax payment services, and joint vehicle inspection operations conducted with relevant government agencies. Nevertheless, these measures have not yet achieved optimal effectiveness due to several challenges, including taxpayers' low level of legal awareness, economic constraints, limited public understanding of tax obligations, and inadequate supervision and monitoring. In conclusion, although the enforcement of laws governing late Motor Vehicle Tax payments at the Bintan Samsat Office has been carried out in accordance with the prevailing legal framework, it has not been fully effective in improving taxpayer compliance. Therefore, greater efforts are required to strengthen public education and awareness programs, enhance supervision and the consistent enforcement of administrative sanctions, and optimize digital-based tax services to improve taxpayer compliance and maximize regional revenue from Motor Vehicle Tax.
Co-Authors Abdullah Aman Adek Dio Benardo Ahmad Rifki Aisyah Saffiyah BT Yahaya Alief, Affandy Alief Nurrahman Aminah, Titik Andre Gunawan Andriani, Tania Puji Aris Munandar Asfani, Rahimah Asman Asman Asterela Yolanda Benardo, Adek Dio Benni Sumarman Christiani Prasetiasari Christiani Prasetya Sari Darwis Anatami Darwis Anatami Darwis Anatami Dedy Fahrizal Dedy Sunarto Dewi Setiawaty Erniyanti Erniyanti Fadhil, Sayid Fadillah, Muhammad Haris Fadjriani, Lia Fadlan Fadlan Fajar Ramadani Fajar Utama Faten Elina Kamaruddin Fernando, Ricky Septian Geovani, Iwoeng H.M. Soerya Respationo Haifa Syahmina BT Helmy Harry Kurniawan Hendri Tri Sutrisno Ibrahim Sembiring Ikhlas Muhammad Ilham Bela Perkasa Insan Nur Arif Julyanty Dinauli Marisi Silitonga kamali kamali, kamali Khairul Riza Khairul Riza Lagat Parroha Patar Siadari Lagat Parroha Patar Siandari Lazuardi Farisco Lia Fadjriani Lia Fadjriani M. Yogi Riyantama Isjoni Milanie, Feby Muhamad Noor, Fadhilah Muhammad Aris Fitrah Nasution Muhammad Fajri Muhammad Noval Muhammad Yadi Muhammad Yadi Nadia Febriyanti Nicha Suwalla Nicha Suwalla Norista Norista Pagtakhan, Gemmalyn Parameshwara Parameshwara Parameshwara, Parameshwara Prasetyasari, Christiani Purwanti, M. M. Fajar Purwanti, MM Fajar Putriani N., Ananda Ramlan Ramlan Ramlan Ramlan Ramon Nofrial Ramon Nofrial, Ramon Ranti Rivadianti Ranti Rivadianti Regina, Atika Respationo, Soerya Rico Nur Ilham Riza Rosalya Rizky Hamonangan Rumapea Rudiyanto Rudiyanto Safitry Dianata Sayid Fadhil Sayid Fadhil Sayid Fadhil Sembiring, Ibrahim Siadari, Lagat Paroha Patar Siadari, Lagat Parroha Patar Silvia Handayani Sinaga, Gopal Gospel Soerya Respationo Syakinah, Nur Syiffa Nayla Deanova Titik Aminah Titus S, Goldo Tuti Herningtyas Yudha Yolanda