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Juridical analysis of the involvement of the Indonesian National Army in countering criminal acts of terrorism criminal acts of terrorism Hermawan, Wawan; Respationo, Soerya; Erniyanti, Erniyanti; Fadlan, Fadlan
Dynamics of Politics and Democracy Vol. 2 No. 1 (2022): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v2i1.1803

Abstract

Purpose: The purpose of this research is to find out the implementation of the involvement of the Indonesian National Army in countering criminal acts of terrorism to realize order in society and national sovereignty, to find out what factors are obstacles and solutions to the involvement of the Indonesian National Army in countering criminal acts of terrorism to realize order and national sovereignty. Research methodology: The research method used is normative juridical (legal research) through literature studies with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically. Results: The results showed that the implementation of the role of the Indonesian National Army Kepri in preventing criminal acts of radicalism is by conducting early detection in order to find out all changes in social life in society and its further development, identifying the nature of threats that are and will be faced, then providing early warnings as basic material and determining directions for policy and decision making or action by Indonesian National Army leaders. Implementation: Factors inhibiting the performance of the Indonesian National Army of Riau Islands region in conducting early detection of efforts to prevent criminal acts of terrorism include poor human resources (HR) both from the quantity and quality of Indonesian National Army Kepri members, facilities, infrastructure, and budget financing of Indonesian National Army activities in preventing criminal acts of terrorism, lack of understanding of the terrorism movement. While the solution to these problems is to build and foster intelligence networks, as well as optimizing tasks and functions with special education and as supervisors in deradicalization programs and conducting counseling to the public about radicalism.
Juridical analysis of the effectiveness of the investigation of Sailing Approval (SPB) violations at the Ditpolairud Riau Islands Police Sembiring, Ibrahim; Fadlan, Fadlan; Fadhil, Sayid; Respationo, Soerya; Nurkhotijah, Siti
Dynamics of Politics and Democracy Vol. 5 No. 1 (2025): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v5i1.3393

Abstract

Purpose: This study analyzes the effectiveness of investigations into Sailing Approval (SPB) violations conducted by the Ditpolairud Riau Islands Police. It seeks to evaluate how well current law enforcement mechanisms ensure maritime safety and legal compliance under the Navigation Law. Research methodology: The research employs a normative and empirical juridical approach. Data were collected from legislation, literature reviews, and in-depth interviews with investigators, Syahbandar officials, and maritime business operators. The findings were validated through triangulation and analyzed descriptively using John Rawls’ Theory of Justice, Friedman’s Legal System Theory, and Sudikno Mertokusumo’s Legal Certainty Theory. Results: Investigations into SPB violations have been carried out in accordance with legal procedures, including coordination between Ditpolairud, Syahbandar, PPNS, and prosecutors. While enforcement actions have increased compliance, several challenges remain, such as limited resources, overlapping authority, legal gaps, maladministration, and low awareness among shipowners and fishermen. Digitalization of SPB documents and improved transparency in service fees were identified as key solutions. Conclusions: The investigations are generally effective but still constrained by structural, substantial, and cultural barriers. Effective enforcement requires harmonized regulations, institutional synergy, technological integration, and public legal awareness to ensure maritime safety and compliance. Limitations: This study is limited to the jurisdiction of the Riau Islands and relies on qualitative field interviews, without quantitative assessment of enforcement outcomes. Contribution: The study contributes to maritime law by emphasizing justice, legal certainty, and system effectiveness in SPB investigations, while offering recommendations to improve institutional capacity, transparency, and regulatory alignment.
Juridical analysis of law enforcement on illegal cigarettes in Batam and its impact on state excise revenue Yadi, Muhammad; Fadlan, Fadlan; Parameshwara, Parameshwara; Respationo, Soerya; Nurkhotijah, Siti
Dynamics of Politics and Democracy Vol. 5 No. 1 (2025): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v5i1.3394

Abstract

Purpose: Analyze law enforcement against illicit cigarettes with counterfeit excise bands in Batam and its impact on excise revenue, framed by Radbruch’s legal certainty, Friedman’s legal system, and Becker’s economics of crime. Research methodology: A normative–empirical legal approach: review of excise laws and implementing regulations; a case study of KPU BC Batam operations (sea/land patrols, risk-based intelligence); semi-structured interviews with officers; and qualitative analysis of enforcement documents. Results: Enforcement produced sizable seizures and a clear typology of illicit excisable goods (without bands/counterfeit), yet constraints persist: limited personnel and assets, a vast surveillance area, and increasingly sophisticated modus operandi. Regulatory gaps channel many cases into administrative settlement (state-asset confiscation) with weak deterrence; inter-agency coordination remains uneven; and permissive social norms toward cheaper prices endure. The main impacts are excise revenue leakage, unfair competition for compliant firms, and erosion of tobacco-control objectives. Conclusions: Legal certainty is not yet achieved due to sanction disparities and inconsistent enforcement; economically, offenders’ expected gains exceed expected penalties. Stronger, predictable, and deterrence-oriented enforcement is required. Limitations: Evidence is confined to Batam and specific periods; there is no econometric estimate of revenue loss; findings rely on interviews and secondary documents. Contribution: Integrates legal theory and policy analysis by proposing tighter norms and recalibrated criminal–administrative sanctions, clarified procedures, deeper inter-agency integration, deployment of digital track-and-trace for excise bands, and public education to curb demand, restore the revenue base, and protect fair competition.
Law Enforcement of Agricultural Commodity Circulation in the Perspective of State Revenue Rizal, Yose; Fadlan, Fadlan; Prasetiasari, Christiani; Kurniawan, Harry
Jurnal Ilmiah Pertanian dan Peternakan Vol 2 No 2 (2025): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jipper.v2i2.5318

Abstract

Purpose: The purpose of this research is to determine the legal arrangements for the circulation of agricultural commodities from the perspective of state revenue and how the implementation, obstacle factors, and law enforcement solutions for the circulation of agricultural commodities from the perspective of state revenue. Methodology: The research method of this journal is normative juridical (legal research) through a literature study with an empirical juridical approach (sociological juridical) through a field study that aims to empirically obtain legal knowledge. Result: The results showed that the legal regulation of the circulation of agricultural commodities from the perspective of state revenue, namely Article 86, regulates the act of entering the carrier media by not completing the health certificate, through the place of entry determined by the Central Government, or not reporting or not submitting the Carrier Media as regulated in Article 33 of Law Number 21 of 2019. Conclusion: The enforcement of residence permit regulations by the Immigration Office has contributed to upholding national sovereignty and legal order. Despite obstacles, consistent legal enforcement and inter-institutional synergy strengthen the effectiveness of immigration supervision. Limitations: This study is limited to one immigration office and may not reflect the broader national immigration enforcement landscape. Contribution: This research provides insight into practical implementation of immigration law at the regional level and offers recommendations for strengthening law enforcement mechanisms against residence permit violations by foreign nationals.
Juridical analysis of the authority of judges to decide on sentencing cases from the perspective of proportionality and the principle of justice Simbolon, Citra Irwan; Fadlan, Fadlan; Jihad, Kaspol
Journal of Multidisciplinary Academic and Practice Studies Vol. 1 No. 2 (2023): May
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jomaps.v1i2.1731

Abstract

Purpose: This research examines the legal regulation of judges’ authority in deciding sentencing cases through the lens of proportionality and the principle of justice, with a focus on the implementation, obstacles, and judicial efforts in the Batam District Court Class 1A. It aims to explore how judicial authority aligns with statutory provisions and societal expectations of fairness. Methodology/Approach: The study adopts a normative juridical method through literature review, complemented by an empirical juridical (sociological juridical) approach using field study. This combination provides both theoretical perspectives and empirical insights into judicial practices, creating a holistic understanding of the topic. Results/Findings: The findings indicate that the authority of judges to impose sentences is regulated under Law No. 48 of 2009 on Judicial Power and specifically Article 183 of the Criminal Procedure Code. In practice, judges at the Batam District Court Class 1A encounter several obstacles, including incomplete or absent witness testimonies and occasional internal conflicts among judicial panels. Such challenges often affect the decision-making process. However, judges continue to adhere to Article 183 as a guiding legal foundation in delivering verdicts. Conclusions: Although judicial authority in sentencing is legally well-established, its practical implementation faces obstacles. Ensuring proportionality and justice requires judges not only to apply statutory provisions but also to incorporate evolving societal values in their reasoning. Limitations: The study is limited to one court and specific cases, restricting generalizability across all Indonesian courts. Contribution: This research enriches discourse on judicial authority by integrating normative and empirical perspectives and offering practical recommendations for reinforcing proportionality and justice in judicial decision-making.
Co-Authors Ade Kuncoro Ridwan Adhitia Adhitia Aliatul Hana, Nurul Aminah, Titik Andi Putra Pratama, Guswanda Andi Suhendra Andre Gunawan Andriani, Tania Puji Andrini, Annisa Rizky Anggara, Risky Apridony, Apridony Aris Munandar Arrofik, Arrofik Asfani, Rahimah Aulia, Sirrul Azhar, Aditya Batubara, Putri Fadila Brawijaya, Noldi Bulan, Puti Lindung Bungasia Bungasia Chandra, Fernando Chikita, E. Arlinda Darwis Anatami Delviane, Annisa Dicky Erizon Dimas Putra Prihananto Doni Gusmardi Dwi Sahputra, Rifaldi E. Arinda Chikita Eka Fitriana, Rosilia Eniyanti3, Eniyanti3 Erlys, Erlys Erniyanti Erniyanti Fadhil, Sayid Fadhila Fadhila Fadhila, Nurul Fadillah, Muhammad Haris Fadjriani, Lia FAJAR SETIAWAN Fernando, Ricky Septian Firdaus Firdaus Fitri Yanti Katili Fitria, Lailatul Gabriel Simson Tamba Gotama, Andri Guswanda Andi Putra Pratama H.M. Soerya Respationo Hamdi, Satria Harry Kurniawan Hendri Hendri Henry Aspan Idham Idham Idham Idham ika indriyani Indah Sugandi Indah Wijayanti, Titising Irawati Irawati Irfan Nofri Ismahani, Siti Istiyanto, Ryan Jemmy Rumengan Jihad, Kaspol Juhani, Hasan Bin Jumardin, Jumardin Khairunnisa Khairunnisa Kirtan, Tivonli Lia Fadjriani Lubis, Irfan Husein Lubis, Irpan Husein Mashalan, Fahima Muhammad Yadi Muhlis, Muhammad Yusuf Mukhti, Mukhti Muktashim Billah Mulyana, Hani Rizki Nabila Gelasia Herta Ananda Natalia Tampubolon, Sofia Ng, Paulus Jimmytheja Nur Harilda, Dhea Nur Indah Sari Arbit Nurkhotijah, Siti Panca Gunawan Harefa Parameshwara Parameshwara Parameshwara, Parameshwara Parroha Patar Siadari, Lagat Pasaribu, Juhrin Prameswari Annisa Putri Prasetiasari, Christiani Prasetyasari, Christiani Purba, Kezia Nur Elizanti Purwanti, M. M. Fajar Puspita Amanda, Belafida Putri, Delfia Diana Qisthy Leonarza Rahadi Pratama Rahmat Januar Noor Raja Zulkifli Ramon Nofrial Ramon Nofrial, Ramon Respationo, Soerya Revo Christanto Riza Rosalya Rosli, Rozaini Rudiyanto Rudiyanto Sabrina, Azra Batrisyia Salmanda, Dandi Sayid Fadhil Sembiring, Ibrahim Siadari Parohha, Lagat Siadari, Lagat Paroha Patar Siadari, Lagat Parroha Patar Simanjuntak, Victor Daniel Simbolon, Citra Irwan Sinaga, Gopal Gospel Siska Septiria Nosari Siswanto Siagian, Agus Sitanggang, Cansa Namira Siti Nurkhotijah Sitohang, Citra Permata Suhendra Suhendra Sukirno, Yacobus Syaputra, Roni Tuti Herningtyas Washliati, Laily Washliaty, Laily Wawan Hermawan Wulandari, Dita Eli Yose Rizal Zulfiati, Ria