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All Journal The 2nd Proceeding Indonesia Clean of Corruption in 2020" Unes Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS) Literacy : International Scientific Journals of Social, Education, Humanities Enigma in Law International Journal of Social Science and Humanity
Ramon Nofrial
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Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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Journal : Enigma in Law

 1 
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.
Co-Authors Bachtiar Simatupang Christhopher Theodore Nathanael Darwinsyah Minin Darwis Anatami Deko Andesta Erni Yanti Erniyanti Erniyanti Fadlan Fadlan Fadlan Guswanda Andi Putra Pratama Jimmy Limou Lagat Paroha Patar Siadari Lagat Parroha Patar Siadari Laily Washliati Micha Pratama Dewa Dharma Muhammad Fadhil Thalib Muhammad Iqbal Saputra Nanda Horas Pranata Sianturi, Tony Budianto Silaban, M. Bakti Saleh Soerya Respationo Surya Respationo Tampubolon, Sahat Maruli Tua