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All Journal The 2nd Proceeding Indonesia Clean of Corruption in 2020" Unes Law Review Enigma in Law International Journal of Sociology and Law International Journal of Social Science and Humanity
Ramon Nofrial
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Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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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"

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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.
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
Juridical Analysis Of Dispute Resolution In Online Arisan Agreements (Verdict Number 12/Pdt. G/2020/PN. Tpg) Muhammad Rinaldi; Bachtiar Simatupang; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.172

Abstract

In today's modern era, all activities are beyond what is called technological progress, social media is now not only a medium to communicate but can also be a medium that can do investment activities. Man is called a creature homo economics (mahkluk ekonomi). This term is then now understood by most people with the meaning of a creature whose primary purpose in life is to seek profit. With the development of this era all investment activities can be done easily based on digital social media or online, one of the investment activities that can be made with online is online earnings, earnings in general is the activity of collecting money in groups formed by a member then determined how many times in a day or a week spend a month in such collection. after the money is collected then it is determined who will get the first number lottery to the end. With the development of this era online arisan activities are now also not only supported by adults but also by young people, for young people online Arisan becomes an investment choice because of the mechanisms that are quite easy, efficient, and encouraging, but not a little maintenance of this online aryan runs smoothly one of the cases of disadvantage against online arsan. The aim of this study is to find out the conclusion of a misconduct in an online arisan agreement between Umi Barokah (claimant I), Susanti (claimed II), Fransisca Irene Miranda Putty (claimer III), Erfira Meyer (claimsant IV) and the accused namely Anggie Nadia under Judgment No. 32./Pdt.G/2020/PN. Tpg. Based on the research used, the specifications of the research are descriptive. Juridical-normative, legislative, informal, and case approaches. Data collection techniques used are document studies and literature studies, with methods of data analysis normative-qualitative. Based on the results of the analysis of the settlement of non- performance in the online derivative agreement in the judgment No. 12/Pdt.G/2020/PN. Tpg, the judge's assembly rejected the petitioners' claims in its entirety because they did not meet the subjective conditions of the agreement, and the objective valid condition of an agreement is that there is no particular thing, and cause is not legal that is contrary to the law.  
Co-Authors Bachtiar Simatupang Christhopher Theodore Nathanael Darwinsyah Minin Darwis Anatami Erniyanti Erniyanti Fadlan Fadlan Fadlan Guswanda Andi Putra Pratama H.M. Soerya Respationo Lagat Paroha Patar Siadari Lagat Parroha Patar Siadari Muhammad Rinaldi Sianturi, Tony Budianto Silaban, M. Bakti Saleh Surya Respationo Tampubolon, Sahat Maruli Tua