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Legal Analysis of Consumer Protection Towards Passenger Safety in Sea Transportation: Research Study at Sekupang Domestic Port, Kepri Firman Firman; Darwis Anatami; Bachtiar Simatupang; Erniyanti Erniyanti; Soerya Respationo
International Journal of Education and Literature Vol. 3 No. 2 (2024): August : International Journal of Education and Literature
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/ijel.v3i2.117

Abstract

The background of this research is the high risk of accidents in the marine transportation sector that threatens passenger safety, as well as the need for an in-depth analysis of the effectiveness of existing regulations in protecting consumers. This study aims to find out and analyze the legal regulations for consumer protection for passenger safety in sea transportation, evaluate the implementation of relevant laws and regulations, and analyze consumer protection barriers to passenger safety in sea transportation. The research methods used are normative juridical and empirical sociology. Normative juridical research is carried out by analyzing applicable laws and regulations, including Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002. An empirical sociological approach is carried out through interviews and direct observation at the Riau Islands Sekupang Domestic Port to understand the implementation of regulations and safety perceptions among passengers and shipping business actors. The results of the study show that the legal regulation of consumer protection is regulated in Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002, even though safety regulations have been stipulated that consumer protection is still not running optimally. The main obstacles include limited resources, non-compliance of business actors, and inadequate infrastructure. Ineffective supervision and law enforcement are also the main inhibiting factors. To overcome these obstacles, it is recommended to increase resources and facilities, stricter law enforcement, and increase safety awareness and education among passengers and crew. The government also needs to increase investment in port infrastructure and strengthen coordination between relevant agencies.
Legal Analysis Of Marine Inspector's Duties and Responsibilities in Conducting Ship's Seaworthiness Tests : Research Study on Batam Special KSOP Meilen Yudi Lumantow; Soerya Respationo; Bachtiar Simatupang; Erniyanti Erniyanti
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 2 No. 4 (2024): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v2i4.939

Abstract

The importance of the role of Marine Inspectors in ensuring the safety and security of shipping through ship seaworthiness tests, which are regulated in various laws and regulations. However, the implementation of the duties and responsibilities of the Marine Inspector at the Batam Special KSOP still faces various obstacles that affect the effectiveness and efficiency of ship inspections. The purpose of this study is to analyze juridically the duties and responsibilities of the Marine Inspector in conducting a shipworthiness test at the Batam Special KSOP, identify the obstacles faced, and provide suggestions to overcome these obstacles. The research method used is a normative juridical method with an analytical descriptive approach, which involves the study of legal documents, as well as empirical juridical with case analysis, and interviews with related parties at the Batam Special KSOP. The results of the study show that Marine Inspectors at the Batam Special KSOP have a very crucial role in maintaining shipping safety, but they face significant obstacles such as limited human resources and equipment, lack of continuous training, and suboptimal coordination between agencies. Low compliance from ship owners and operators is also a major challenge in carrying out their dutie. Suggestions for addressing these obstacles include increasing the number and competence of Marine Inspectors through ongoing recruitment and training, investing in modern equipment and digital technology, and improving inter-agency coordination through the establishment of regular coordination forums. In addition, strict law enforcement against violations of safety standards and increased education and socialization to ship owners and operators are expected to increase compliance and awareness of the importance of shipping safety. With the implementation of these measures, it is hoped that Marine Inspectors can carry out their duties more effectively, so that the safety and security of shipping in Batam City can be guaranteed and improved.
Juridical Review Of The Accountability Of The Port Authority and The Port Authority Office (KSOP) In The Evaluation System For The Implementation Of Guidance At The Port: Research Study On Batam Special KSOP Gahara Herawati; Erniyanti Erniyanti; Soerya Respationo; Bachtiar Simatupang; Darwis Anatami
International Journal of Social Science and Humanity Vol. 1 No. 3 (2024): September : International Journal of Social Science and Humanity
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijss.v1i3.49

Abstract

This research is motivated by the importance of the role of KSOP in ensuring that ship guidance at the port is carried out in accordance with the set safety standards, as well as various obstacles that hinder the optimization of the implementation of these responsibilities. These obstacles include limited human resources, budgets, infrastructure, and ineffective coordination and communication. Research Objectives The purpose of this study is to analyze and evaluate the accountability of KSOP in the implementation of guidance at Batam City Port, identify the obstacles faced, and formulate efforts that can be made to overcome these obstacles. Research Methods This research uses normative juridical and empirical sociological methods. The normative juridical method is carried out through a literature study of the laws and regulations that regulate ship guidance and the responsibilities of KSOP. Meanwhile, empirical sociological methods are carried out through observation, interviews, and direct data collection from the Batam Special KSOP and other related parties. Research Results The results of the study show that the implementation of KSOP accountability in the implementation of guidance at the Port of Batam City has not run optimally. Obstacles faced include limited human resources, inadequate budgets, outdated infrastructure and technology, and lack of coordination and communication. In addition, awareness and compliance with safety procedures still need to be increased. Suggestions This study suggests increasing the recruitment and training of ship guides, optimizing budgets, modernizing navigation equipment and communication technology, simplifying regulations, and improving coordination and communication between related parties. With these steps, KSOP is expected to be more effective in supervising and ensuring the implementation of safe and efficient guidance at the Port of Batam City.
LEGAL ANALYSIS OF LEGAL CERTAINTY REGARDING THE USE OF AU-TOMATIC GATES (AUTOGATE) AT THE IMMIGRATION CHECKPOINT OF THE INTERNATIONAL PORT OF CITRA TRITUNAS (A RESEARCH STUDY AT THE CLASS I SPECIAL IMMIGRATION OFFICE OF TPI BATAM) Immanuel Simanjuntak; Ramlan; Bachtiar Simatupang; Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4017

Abstract

The modernization of Indonesia's immigration system through the use of digital technology is a response to the need for efficient, fast, and legally guaranteed public services. One such innovation is the use of automatic gates (autogates) at Immigration Checkpoints (TPI), including at Citra Tritunas International Port, Batam. However, the implementation of autogates as an immigration inspection tool raises various legal issues, ranging from regulatory loopholes, technical obstacles, to cultural resistance that can threaten legal certainty and the protection of user rights. This study aims to analyze the regulation and implementation of autogate use from a legal certainty perspective, as well as identify obstacles and formulate relevant solutions. This study uses normative and empirical legal methodologies, with a regulatory approach, field interviews, and direct observation at the Class I Special Immigration Office for the Batam Port Area. John Rawls' theory of justice serves as a grand theory, Lawrence M. Friedman's theory of legal systems as a middle theory, and Sudikno Mertokusumo's theory of legal certainty as an applied theory. The research findings indicate that, from a normative perspective, the use of automatic gates has been regulated through the Regulation of the Minister of Law and Human Rights No. 9 of 2024; However, this is not yet supported by detailed technical regulations, such as standard operating procedures (SOPs) and operational guidelines. Field implementation demonstrates procedural efficiency; however, it still faces technical glitches, infrastructure limitations, and low user understanding. These obstacles result in legal uncertainty and inadequate protection of user rights. Therefore, technical regulatory updates, human resource training, public awareness campaigns, and strengthened cross-sector coordination and digital-based monitoring systems are needed.
LAW ENFORCEMENT ON THE MISUSE OF RESIDENCE PERMITS BY FOREIGN NATIONALS (A RESEARCH STUDY AT THE SPECIAL CLASS I IMMIGRATION OFFICE TPI BATAM) Muhammad Iqbal Saputra; Ramon Nofrial; Bachtiar Simatupang; Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4019

Abstract

The increasing number of Foreign Nationals (WNA) entering Indonesia, especially Batam City, which directly borders Singapore and Malaysia, strategically impacts the dynamics of immigration supervision and law enforcement. One of the prominent issues is the misuse of residence permits, which threatens the country’s legal sovereignty and creates social and security problems. This study aims to analyze the legal regulations, the implementation of law enforcement, and the obstacles and solutions in addressing the misuse of residence permits by foreigners, using a case study at the Class I Special Immigration Office TPI Batam. This study employs normative and empirical juridical methods with statutory, sociological, and conceptual approaches. Primary data were obtained through in-depth interviews with immigration officers, foreign nationals, and the surrounding community, while secondary data were examined from legislation, official documents, and academic literature. The analysis was conducted using the Theory of State Sovereignty (Hans Kelsen) as the grand theory, the Legal System Theory (Lawrence M. Friedman) as the middle theory, and the Law Enforcement Theory (Kelling & Moore) as the applied theory. The research findings indicate that although the legal regulations regarding residence permits have been stipulated in Law Number 6 of 2011, their implementation still faces obstacles such as limited human resources, regulatory loopholes, weak technological systems, and low legal awareness among both officials and foreign nationals. Therefore, institutional reform, capacity building of human resources, drafting of more operational technical regulations, and strengthening community-based supervision are needed. Effective law enforcement requires synergy between legal structure, substance, and a consistently applied legal culture.
JURIDICAL ANALYSIS OF THE EFFECTIVENESS OF IMMIGRATION SUPERVISION AT BATAM CENTER PORT IN PREVENTING HUMAN TRAFFICKING CRIMES (A RESEARCH STUDY AT THE CLASS I SPECIAL IMMIGRATION OFFICE TPI BATAM) Baginda Raja Harahap; Parameshwara; Bachtiar Simatupang
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 10 (2025): SEPTEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i10.1133

Abstract

The criminal act of human trafficking (TPPO) is a highly complex form of transnational crime that continues to increase, especially in border areas such as the city of Batam. As a gateway for people entering and leaving the country, Batam Centre International Port is highly vulnerable to TPPO practices, both in the form of non-procedural migrant worker dispatches and cross-border human exploitation. Therefore, immigration supervision plays a central role in preventing this crime. This study aims to analyse the legal regulations, implementation, obstacles, and efforts undertaken by the Class I Special Immigration Office TPI Batam in carrying out immigration supervision functions to prevent TIP in the Batam Centre Port work area. This research uses normative and empirical juridical methods with a statute and socio-legal approach. Data were obtained through literature study and direct interviews with Immigration officers and related agencies. The theories used as analytical tools consist of the Theory of Legal Effectiveness, Crime Prevention Theory, and the Theory of State Administration Functions. The research results indicate that although various policies have regulated immigration supervision, their implementation has not been optimal due to limited human resources, technology, and a lack of coordination between agencies. These obstacles affect the effectiveness of preventive measures against TIP. Therefore, it is recommended that inter-agency information systems be integrated, regulations updated, regular training for officers provided, and multi-sector collaboration strengthened as measures to reinforce the immigration supervision system at international ports.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST THE ABUSE OF FOREIGN RESIDENT PERMITS IN INDONESIA (CASE STUDY OF THE CLASS I SPECIAL IMMIGRATION OFFICE FOR TEMPORARY STAY IN BATAM) Aziz Sakti Nugroho; Bachtiar Simatupang; Dahlan; Erniyanti
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 8 (2025): JULY
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i8.1134

Abstract

The increase in the mobility of foreign nationals (FNs) to Indonesia, particularly through border areas such as Batam City, has given rise to various legal issues, especially related to the misuse of residence permits. This phenomenon includes overstay violations, the misuse of visit visas for illegal work, and the use of fake documents, which have the potential to disrupt public order and cause harm to the state. This study aims to analyze the legal effectiveness of law enforcement against the misuse of residence permits by foreigners in Indonesia, with a focus on a case study at the Special Class TPI Batam Immigration Office. The research method used is normative legal and empirical legal methods, with a sociological approach (socio-legal approach). Data was collected through a literature review of relevant laws and regulations, as well as through interviews and direct observations of Batam Immigration officials and personnel. This study uses the theoretical framework of State Sovereignty, Lawrence M. Friedman's Legal System, and Soerjono Soekanto's Legal Effectiveness. The results of the study indicate that although immigration regulations have provided sufficient authority to the Immigration Office, there are still significant obstacles in their implementation, such as limited human resources and facilities, weak inter-sectoral coordination, and a permissive legal culture among the community towards the presence of illegal foreign nationals. Law enforcement is predominantly administrative in nature, while criminal proceedings are rarely used due to procedural complexities. This study recommends the need for regulatory harmonization, strengthening institutional capacity and personnel, optimizing the role of the PORA Team, and enhancing public legal literacy in monitoring the presence of foreigners as strategies for reforming the immigration legal system to make it more effective.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF AUTOGATE USE AND PERSONAL DATA PROTECTION AT IMMIGRATION CHECKPOINTS (RESEARCH STUDY AT THE CLASS I SPECIAL IMMIGRATION OFFICE IN BATAM) Bayu Saputra; Bachtiar Simatupang; Ramlan
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 8 (2025): JULY
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i8.1136

Abstract

The development of digital technology in immigration services has driven the modernization of inspection systems through the use of autogates, an automated system that processes biometric data to verify the identity of travelers. However, the use of this technology raises legal issues related to the protection of personal data, especially in the context of compliance with Law Number 27 of 2022 concerning Personal Data Protection (PDP Law).This study aims to analyze the legal regulations and assess the effectiveness of personal data protection implementation in the autogate system at the Class I Special Immigration Office TPI Batam.The research method used is a normative juridical and empirical juridical approach, with data collection techniques through literature review, interviews, and field observations. A sociological approach to law is employed to assess the awareness and compliance of officers and users regarding the right to privacy in the practice of using the autogate. The results of the study show that, normatively, the legal regulations for personal data protection are already adequate, but they have not yet been specifically implemented in the governance of autogate usage at immigration checkpoints. At the implementation level, various technical, legal, and sociological obstacles were found, such as limited understanding of the Personal Data Protection Law by officials, the absence of specific SOPs, and low public awareness of their rights as data subjects. Recommendations include the need to formulate technical regulations that integrate the principles of the Personal Data Protection Law into the operations of the autogate system, regular training for immigration officers on personal data protection, and public education to increase legal awareness regarding the use of technology-based immigration services.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST PERPETRATORS OF DATA FALSIFICATION IN PASSPORT PROCESSING (RESEARCH STUDY AT THE CLASS I SPECIAL IMMIGRATION OFFICE OF TPI BATAM) Maichel Fernando; Lagat Parroha Patar Siadari; Bachtiar Simatupang
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 8 (2025): JULY
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i8.1138

Abstract

Data forgery in passport management is a form of crime that has serious implications for the integrity of the immigration system and national security. The Class I Special Immigration Office TPI Batam, as one of Indonesia’s international gateways, is highly vulnerable to identity abuse by individuals or organized networks.This study aims to analyze the legal regulations governing sanctions against data forgery offenders, assess the effectiveness of their implementation in the field, and identify obstacles as well as formulate solutions that immigration officials can undertake to address these issues. This study employs normative juridical and empirical juridical research methods, using statutory and sociological (socio-legal) approaches. Data were obtained through literature reviews of regulations such as Law Number 6 of 2011 on Immigration, Government Regulation Number 31 of 2013 and its amendments, as well as Minister of Law and Human Rights Regulation Number 8 of 2014 in conjunction with Minister of Law and Human Rights Regulation Number 18 of 2022, and combined with interview results and field observations involving officials and the community at the Batam Immigration Office. The research findings indicate that although legal norms regarding the enforcement against data forgery have been formally established, the effectiveness of their implementation is still hindered by internal factors such as limited human resources, technology, and officer competence, as well as external challenges such as increasingly complex crime modes and weak inter-agency coordination. Law enforcement has also not fully reflected substantive justice nor been responsive to the social dynamics of the community. Therefore, it is necessary to strengthen institutional capacity, integrate national data systems, and enhance public legal literacy as more effective preventive and repressive measures in the future