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RECONSTRUCTION OF CONSUMER PROTECTION LAW IN MAKING THE BALANCE BUSINESS BASED BUSINESS AND CONSUMER VALUE OF JUSTICE Ramon Nofrial; Darwinsyah Minin
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The existence of Law No. 8 of 1999 on Consumer Protection guarantee the fulfillment of the rights of consumers to consume goods and services produced by businesses, as well as achieving a balance between consumer and business. Specifications are preskriftif analytical research. This study is a prescriptive offered the concept to solve a problem, highlight something (object) aspired or should be. Is a descriptive analysis, which is to describe all the symptoms and the facts and analyzing the problems that exist in the present. In respect of consumer protection in realizing the balance of businesses and consumers based on values of justice as an effort towards a welfare state based on Pancasila and the Constitution NRI Year 1945 made to the monitoring of the use clause like to give certain restrictions that do not diminish the rights of consumers, the application of strict liability businesses ( strict liability), consumer dispute resolution pursuant to Act No. 8 of 1999, not tort (KUHPdt), and the addition of Article 45 in paragraph (2) which states: in the consumer dispute resolution in civil and criminal can not be charged back, before businesses found not guilty, and Article 63 paragraph (1) reconstructed into: criminal sanctions as referred to in Article 62, can be imposed additional penalties, such as: Deprivation of certain goods; Verdict; Payment of compensation; and the obligation of withdrawal of goods from circulation. Keyword: Consumer Protection, Balance, Businessmen, Consumer, The Value Of  Justice
Kekuatan Mengikat Risalah Lelang Bagi Pembeli Lelang Terhadap Hak Tanggungan Bagi Pembeli Lelang di Kantor Pelayanan Kekayaan Negara dan Lelang (Kpknl) Kota Batam Guswanda Andi Putra Pratama; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan; Ramon Nofrial
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1142

Abstract

This research aims to determine the obstacles that occur for auction buyers in vacating auction objects due to resistance from debtors or third parties, denying that debtors have been negligent in carrying out their obligations towards creditors, debtors who do not acknowledge the amount of debt from all costs that have been incurred by creditors first for the purposes of encumbrances in mortgage rights. The nature of this research is analytical descriptive. This research is also included in empirical juridical research. The data source used in this research is secondary data sources. This research was carried out at the Batam State Property and Auction Service Office (KPKNL) which was the research location. In collecting data for this research, the techniques used were library research and field research methods. The data collection tools used in this research are document study or literature study and interviews. Meanwhile, the data analysis used in this research is qualitative analysis. The conclusions that will be drawn in this research are carried out deductively. The results that have been obtained from this research are the auction minutes as authentic deeds that have perfect evidentiary power, the efforts made by KPKNL in overcoming obstacles in the auction for the execution of mortgage rights at KPKNL must be completed properly and auction buyers who have good intentions must be protected by law.
Juridical Analysis Of Law Enforcement Against Criminal Offenders Misusing Subsidized Fuel To Creating The Principle Of Justice (Research Study In Bintan Police Jurisdiction) Micha Pratama Dewa Dharma; Ramon Nofrial; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.995

Abstract

The purpose of the study is to determine legal arrangements in terms of enforcement against perpetrators of subsidized fuel abuse in the Bintan Police Area, to determine the implementation of law enforcement against perpetrators of subsidized fuel abuse in the Bintan Police Area, to find out obstacles and law enforcement solutions against perpetrators criminal misuse of subsidized fuel in the Bintan Police Station area. This thesis research method is normative juridical (legal research) through literature study with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically. The results showed that enforcement legal arrangements against perpetrators of subsidized fuel abuse are strictly enforced to ensure integrity and fairness in the distribution of subsidized energy resources to the people. The government, through various regulations and laws, has imposed significant sanctions on individuals or entities that misuse, divert, or resell subsidized fuel for commercial purposes. Law enforcement by the police against perpetrators of subsidized fuel abuse in Indonesia still requires optimization, although efforts have been made through various operations and raids, there are still reports and evidence showing that criminal acts of subsidized fuel abuse continue to occur in various regions. Obstacles such as lack of resources, coordination between agencies, and obstacles in investigation and prosecution make the law enforcement process not run as optimally as expected. This certainly challenges the integrity of social justice promoted by the government in the fuel subsidy program for people in need. In the implementation of law enforcement against perpetrators of criminal acts of misuse of subsidized fuel, the police are faced with several obstacle factors. First, limited human resources and equipment make law enforcement difficult to conduct thoroughly. Second, lack of inter-agency coordination often slows down investigations and prosecutions. Third, there are indications that the involvement of certain parties who have economic interests can hamper the law enforcement process. Solutions that can be proposed include increasing human resource capacity through training and education, improving infrastructure and supporting equipment, and strengthening inter-agency coordination mechanisms. In addition, transparency and accountability in the law enforcement process must be improved, as well as prioritizing a preventive approach through socialization to the public about the negative impacts of subsidized fuel abuse. It is recommended that the government to strengthen legal policies against perpetrators of criminal acts of misuse of subsidized fuel in order to provide a deterrent effect to perpetrators. The police are advised to improve law enforcement performance against perpetrators of criminal acts of misuse of subsidized fuel that harm the community and the state. The public is advised to participate in assisting the police in law enforcement against perpetrators of the criminal act of misusing subsidized fuel.
Juridical Analysis Of Controlling Abandoned Land Of The National Land Agency In The Context Of Realizing Community Welfare (Research Study At The Land Agency Of Riau Islands Province) Deko Andesta; Erni Yanti; Ramon Nofrial; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.1010

Abstract

In order to maintain land quality and improve community welfare, rights holders, management rights holders, and basic holders of land control are expected to protect and maintain their land and not neglect it. The problem of this research is legal regulation, controlling abandoned land, and the legal consequences of controlling abandoned land by the National Land Agency in order to realize community welfare. The results of the research on abandoned land are land rights, land with management rights, and land obtained based on control over land, deliberately not cultivated, not used, not exploited, and/or not maintained which is regulated based on Government Regulation Number 20 of 2021 concerning Controlling Areas and Abandoned Land Controlling Areas and Abandoned Land. Controlling abandoned land by the National Land Agency in order to realize community welfare includes inventory of land indicated to be abandoned, supervision of inventory of land indicated to be abandoned, reporting of the results of the inventory of land indicated to be abandoned, as well as follow-up to the results of the inventory of land indicated to be abandoned; The legal consequence of controlling abandoned land by the National Land Agency in the context of realizing community welfare is for the owner of the rights to abandoned land, namely that the land rights will be canceled and result in the end of the land rights. Efforts to overcome control or ownership of abandoned land are closely related to existing land policies. The application of norms in their implementation is identical to the implementation of rights and obligations. The government should perfect or improve the regulations for controlling and utilizing abandoned land, especially regarding the concept/understanding of abandoned land and the criteria to be further clarified and simplify the mechanism for implementing control, starting with identification work by the task force; provide recommendations for identification results to the Regency/City assessment team, Regional Offices and even to the Minister who will make a determination that a plot of land is abandoned. This is recommended so that there are no differences in perception between officers in the field.
Beyond Confinement: A Legal Exploration of the Rights of Vulnerable Groups in the Indonesian Correctional System Sianturi, Tony Budianto; Fadlan; Ramon Nofrial; Erniyanti; Soerya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.63

Abstract

The Indonesian correctional system, while tasked with upholding justice, grapples with the challenge of safeguarding the rights of vulnerable groups within its confines. This study delves into the legal framework and practical realities concerning the rights of these groups, encompassing women, children, the elderly, and individuals with disabilities, within the Indonesian prison system. The research employs a hybrid methodology, integrating normative legal analysis with empirical insights gleaned from interviews and case studies. The normative legal analysis scrutinizes pertinent laws, regulations, and international human rights instruments to gauge the extent of legal protection afforded to vulnerable groups in the correctional context. The empirical component, through interviews with correctional officers, inmates, and legal experts, sheds light on the lived experiences of these groups and the practical implementation of their rights. The study reveals a complex interplay between legal provisions and ground realities. While Indonesian law enshrines the rights of vulnerable groups, their actualization within the correctional system faces formidable obstacles. Overcrowding, inadequate healthcare, and limited access to rehabilitation programs disproportionately impact these groups, hindering their reintegration into society. In conclusion, our study underscores the imperative of bridging the chasm between legal safeguards and their practical implementation. It advocates for targeted interventions, including enhanced healthcare provisions, specialized rehabilitation programs, and heightened sensitivity training for correctional staff, to ensure the holistic well-being and successful reintegration of vulnerable groups within the Indonesian correctional system.
Balancing Development and Community Rights: Legal and Policy Frameworks for Land Conflict Resolution in Batam, Indonesia Tampubolon, Sahat Maruli Tua; Lagat Paroha Patar Siadari; Ramon Nofrial; Erniyanti; Soerya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.64

Abstract

The rapid development of Batam, Indonesia, as a Special Economic Zone (SEZ) has led to significant land conflicts between the state, developers, and local communities. The existing legal and policy frameworks have been criticized for prioritizing economic growth over community rights, leading to forced evictions, inadequate compensation, and social unrest. This study aims to analyze the legal and policy frameworks governing land conflict resolution in Batam and propose recommendations for balancing development and community rights. The research employs a qualitative approach, combining legal and policy analysis with empirical data collected through interviews with key stakeholders, including government officials, community leaders, and legal experts. The study examines relevant laws, regulations, and policies related to land acquisition, compensation, and dispute resolution in Batam. The findings reveal several shortcomings in the current legal and policy frameworks, including a lack of transparency and participation in decision-making processes, inadequate compensation mechanisms, and limited access to justice for affected communities. The study also highlights the power imbalance between the state, developers, and communities, which often leads to the marginalization of community rights. The study concludes that balancing development and community rights in Batam requires a comprehensive reform of the legal and policy frameworks. The recommendations include strengthening community participation in decision-making processes, ensuring fair and adequate compensation, and improving access to justice for affected communities. The study also emphasizes the need for greater transparency and accountability in land acquisition and development processes.
Balancing Technological Advancement and Regulatory Compliance: The Role of Administrative Coercion in Radio Frequency Spectrum Management Silaban, M. Bakti Saleh; Ramon Nofrial; Lagat Parroha Patar Siadari; Erniyanti; Surya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.65

Abstract

The radio frequency spectrum, an indispensable resource for wireless communication, is facing unprecedented demand due to the rapid proliferation of technologies. The efficient and compliant use of this finite resource is crucial to ensure seamless communication and prevent interference. Administrative coercion, a tool used by regulatory bodies to enforce compliance, plays a pivotal role in spectrum management. This paper explores the delicate balance between fostering technological advancement and maintaining regulatory compliance in the context of radio frequency spectrum management, with a focus on the role of administrative coercion. The research employs a mixed-method approach, combining a comprehensive literature review with empirical analysis. The literature review examines existing legal frameworks, regulatory policies, and scholarly works related to spectrum management and administrative coercion. The empirical analysis involves case studies of spectrum management practices in different regions, focusing on the application of administrative coercion. The data collected is analyzed to identify trends, challenges, and best practices in balancing technological advancement and regulatory compliance. The findings highlight the critical role of administrative coercion in ensuring the efficient and compliant use of the radio frequency spectrum. The study reveals that a well-structured and transparent administrative coercion framework can effectively deter non-compliance and promote responsible spectrum usage. However, the research also underscores the importance of striking a balance between enforcement and innovation. Overly stringent or arbitrary application of administrative coercion can stifle technological advancement and hinder the development of new wireless technologies. The study concludes that administrative coercion is an essential tool in radio frequency spectrum management, but its application requires careful consideration to balance the need for regulatory compliance with the imperative of technological advancement.
Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty: Research Studies at Tanjung Pinang Resort Police Christhopher Theodore Nathanael; Darwis Anatami; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti
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.v1i3.46

Abstract

Children are a mandate and a gift from God Almighty who has inherent dignity and worth as a whole human being and at the same time is the heir and shaper of the nation's future. The research method used is the Normative Juridical method with an Empirical Sociological approach. By using Primary and Secondary Data through interviews and observations. A part from that, the author uses secondary data through the library. As an analytical tool the author uses Grand Theory (Law enforcement theory) Middle Theory (Legal System Theory) and Applied Theory (Relative theory) This study aims to find out the legal arrangements for the crime of theft by minors to realize Legal certainty, to find out the implementation of law enforcement for the crime of theft by minors to realize Legal certainty and to find out the obstacles/obstacles and solutions in law enforcement of theft by minors to realize legal certainty. Legal Arrangements for the Crime of Theft by Children to Achieve Legal Certainty, Research Studies at Tanjung Pinang Resort Police are in accordance with the prevailing laws and regulations. Implementation of Law Enforcement for the Crime of Theft by Children To Realize Legal Certainty, Research Studies at the Tanjungpinang Resort Police have been going well but in fact, children are still found in the field who commit the Crime of Theft every year, it has increased, especially in the Tanjung Pinang, Archipelago, this is seen from the level of law enforcement factors against children who are in conflict with the law in Tanjung Pinang, for this reason, the performance of the TanjungPinang Police is needed to prevent the crime of theft committed by children
Legal analysis of the implementation of the Immigration Management Information Sys-tem (SIMKIM) in passport services in Batam City towards transparent public service. Jimmy Limou; Soerya Respationo; Ramon Nofrial
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.v5i5.4014

Abstract

Ensuring everyone can see and understand how government services work is crucial. Thanks to new technology, the immigration office in Batam City has begun using a new computer system called SIMKIM to assist with passport services. This study examines how SIMKIM regulations were created, how it is used, and the challenges and solutions. The study discusses how the law supports SIMKIM, how workers and the public use it, and the challenges they face, such as a lack of computers or a lack of familiarity with digital devices. Overall, SIMKIM helps speed up, improve, and simplify the passport application process. The study suggests that to improve services, they need to improve regulations, provide more training to workers, build better computer systems, and teach more people how to use digital technology.
LEGAL ANALYSIS OF THE ONLINE VISA SYSTEM FOR FOREIGNERS ENTERING INDONESIA Muhammad Fadhil Thalib; Laily Washliati; Ramon Nofrial
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.v5i5.4015

Abstract

Digital transformation in public services is a strategic step towards achieving effective, efficient, and accountable services. One manifestation of this transformation is the implementation of an online visa system by the Directorate General of Immigration as part of immigration service reform. This research is motivated by the importance of legal certainty and the effectiveness of the online visa system for foreigners wishing to enter Indonesia, considering that this system concerns the legal and administrative rights of foreign citizens, as well as the credibility of Indonesian public services at the global level. This research aims to analyze laws and regulations, assess the effectiveness of the online visa system implementation, and identify obstacles and efforts to overcome them in order to strengthen legal certainty and service efficiency. The method used is a legal research method with a normative and empirical legal approach, using secondary data in the form of laws and regulations, official documents, and primary data in the form of interviews with immigration officials and visa applicants in Batam City. The results show that the legal framework of the online visa system is structured hierarchically, but there are still inconsistencies between the substance of the regulations and their implementation in practice. This system has improved process efficiency, but is not yet fully effective due to technical challenges, disparities in understanding among officials, and low digital literacy among some applicants. Mitigation efforts have been implemented through digital innovation and strengthened regulations, but further integration of the structure, substance, and culture of fairness in the legal system is still needed. The study recommends that the government and relevant agencies improve staff training, simplify technical procedures, expand reach, and ensure equal access for all service users to achieve an effective online visa system based on legal certainty.