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Sociology Of Law And The Effectivity Of Asean To Prevent Human Security Issues In The Region Seroja, Triana Dewi; Silviani, Ninne Zahara
JURNAL LEGALITAS Vol 15, No 1 (2022)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (33.864 KB) | DOI: 10.33756/jelta.v15i1.15349

Abstract

Currently there are no indicators that can measure the effectiveness of the role of ASEAN in Southeast Asia, especially those related to human security issues in the safety of labor and migrants' mobilization. However, ASEAN still working through any possibilities of cooperation to prevent any threats that would endanger the personal securities of ASEAN community. This paper will further analyze the human security issues in Southeast Asia starting with conceptualizing, identifying, and engaging to find how is the effectivity of ASEAN in charge of prevent human security issues from sociology of law perspective with normative-juridical methodology combined with perspective of international relation approach. Based on the findings in conceptual and data, this research will show the problems that have been handled and have not been done by ASEAN institutionally. In addition to showing the relevance of the establishment of ASEAN Political-Security Community (APSC) 2015 as an affirmation for all ASEAN member countries to respond to institutional human security issues especially in the mobilization of labor and migrants.
Socio-Legal Analysis Of The Utilization Of Letter Of Credit In International Business Transactions In Batam City Seroja, Triana Dewi; Shahrullah, Rina Shahriyani; Kurniawan, Jefri
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.19918

Abstract

The provisions governing the Letter of Credit (L/C) in the form of customs and practices commonly used in international trade are called the Uniform Customs and Practice for Commercial Documentary Credit (UCP), issued by the International Chamber of Commerce (ICC). This research aims to analyze the effectiveness issues of the letter of credit in international transactions in the banking sector using Soerjono Soekanto's Theory of Legal Effectiveness. The research adopts empirical legal research through a socio-legal approach. Primary data is obtained from in-depth interviews, while secondary data is collected from literature studies. All data are analyzed using qualitative methods. It has been found that the application of the Letter of Credit (L/C) in international transactions in the banking sector in Batam City is not effectively implemented based on legal factors, law enforcement factors, and societal factors. There are still obstacles and solutions needed for the creation of an effective Letter of Credit (L/C) in international transactions in the banking sector in Batam City
Kewenangan Eksekusi Riil Pengadilan Negeri terhadap Perkara Konsinyasi Pengadaan Tanah Bagi Pembangunan untuk Kepentingan Umum Simorangkir, Ronal Roges; Situmeang, Ampuan; Seroja, Triana Dewi
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1419

Abstract

Article 98 of the Government Regulation of the Republic of Indonesia Number 19 of 2021 concerning the Implementation of Land Acquisition for Development in the Public Interest states that in the event that compensation money has been entrusted to the District Court but the party is entitled to the land still controls the land object, execution can be requested, however The final product consignment application case is in the form of a determination and not a decision and the ruling is not condemnatory in nature, thus causing problems. This research is a normative juridical research that only examines primary, secondary and tertiary legal materials such as statutory regulations, both Law Number 48 of 2009 concerning Judicial Power and the Herzien Inlandsch Reglement (H.I.R) / Rechtreglement voor de Buitengewesten (Rbg), Republic of Indonesia Government Regulation Number 19 of 2021, Supreme Court Regulation Number 2 of 2021, books and journals. Data collection techniques using document study and analysis were carried out qualitatively, where the results of this research show that there is authority for the Chairman of the District Court to carry out real executions based on the Theory of Authority, Progressive Legal Theory and the Principle of Social Function, and in the future there must be reconstruction and harmonization of norms related to the execution of Land Acquisition consignment cases. 
LEGAL PROTECTION FOR COPYRIGHT HOLDERS OF ONLINE GAME SOFTWARE: THE ECONOMIC RIGHTS OF THE CREATOR Seroja, Triana Dewi; Shahrullah, Rina Shahriyani; Hengky, Indra
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.531

Abstract

In the game industry itself, particularly in Indonesia, the majority of game developers and publishers are copyright holders who are not the creators themselves, often referred to as license holders. To analyze the legal protection for copyright holders of online game software in relation to the economic rights of the creator, Philipus M. Hadjon's Theory of Legal Protection can be used. The objectives of this research are to analyze the legal regulations for copyright holders of online game software, to analyze the legal protection for copyright holders of online game software in relation to the economic rights of the creator, and to analyze the role of the Government in providing legal protection for copyright holders of online game software. The research used a normative juridical approach, therefore the data used are secondary data obtained from existing literature. It employs qualitative juridical data analysis. The results of the research show that in the legal protection for copyright holders of online game software in relation to the economic rights of the creator, according to Philipus M. Hadjon, "there are two types of legal protection means, namely Preventive Legal Protection means that can be resolved through arbitration/non-litigation, such as Mediation, Negotiation, Conciliation, Arbitration.
Efektivitas Pelaksanaan PERDA Pengelolaan Sampah di Batam Kota Terhadap Sustainable Development Goals Alriyadi, Yan; Nurlaily, Nurlaily; Seroja, Triana Dewi
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1039

Abstract

Waste management is something that is important and needs attention. The 1945 Constitution has guaranteed the basic rights of citizens to the environment as stipulated in Article 28H paragraph (1) of the 1945 Constitution which reads "Everyone has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good and healthy environment and entitled to health services”. The Batam City Government has established Batam City Regional Regulation Number 11 of 2013 concerning Waste Management as the implementing regulation of Law no. 18 of 2008 in the city of Batam. However, in reality in the field, the management and handling of waste in the city of Batam can still be said to be not optimal. Based on the data, the waste transported to the TPA (direct and indirect is 57.36% or 1,523.20 m³/day, the waste is managed independently by the community is 0.033% or 0.95 m³/day, the 3R Processed waste (TPS3R/ TPST/Waste Bank) of 0.52% or 1.45 m³/day, and Unprocessed waste of 42.56% or 1,130.04 m³/day.This research is an empirical juridical study using a sociological approach.Primary data used in this study were field studies in the form of data and interview results with the Batam City Environment Service as well as the results of interviews with some communities around the Batam Kota sub-district, and coupled with data obtained from research questionnaires which were distributed to communities around the Batam sub-district area City using random sampling method.
Reconstruction of the Election Simultaneity Model through the Constitutional Court Decision Number 135/PUU-XXII/2024: Constitutional or Unconstitutional? Afandi, M; Amboro, F. Yudhi Priyo; Seroja, Triana Dewi
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2446

Abstract

The simultaneous election model that separated the implementation of national and local elections has created various problems, such as election worker fatigue, logistical burdens, and limited attention to local issues. Constitutional Court Decision No. 135/2024 subsequently corrected this model by establishing a new arrangement that separates the conduct of National Elections and Regional Elections. This study was a normative legal research employing qualitative juridical analysis aimed at examining the effectiveness of the previous simultaneous model, testing the constitutionality of the new model, and analyzing its implications for the term of office of Regional Heads and local parliament members (DPRD) elected in 2024. The findings show that the previous simultaneous model was ineffective, the new model has a strong constitutional basis, and the most rational solution to its transitional implications is to shorten the term of office of Regional Heads and DPRD members elected in 2024 and to hold Regional Elections in 2028. In this regard, it is recommended to amend the Election Law and the Regional Election Law and to regulate the transitional period in accordance with constitutional principles.
PROVIDING HOUSING TO THE INDIGENOUS PEOPLE OF ORANG LAUT: Fulfilling Rights or Changing Culture? Tan, Winsherly; Kalita, Manashi; Seroja, Triana Dewi; Nurlaily, Nurlaily; Silviani, Ninne Zahara
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1958

Abstract

The right to get a decent place to live is the right of every person, including the sea people. Therefore, the local government builds houses and moves the sea people from living on boats and nomads to houses. The problem is that living in a house has changed their culture, which usually lives a nomadic life at sea. The purpose of this study is first to analyze the accuracy of the local government’s steps. Second, to analyze the right legal solution in providing decent housing for the sea people. The method in this study is empirical juridical. The type of data used is primary data, namely observations and interviews, and secondary data, namely laws and regulations. In addressing the formulation of the problem in this study, the legal and theoretical basis is the Progressive Legal Theory. The results of the study indicate that the steps taken by the local government in providing physical housing and legalizing the houses are good, but not right, because they have changed the culture of the sea people. A house is a manifestation of a group’s culture, so moving the sea people into houses not only changes their culture but also their lifestyle and work patterns. Therefore, the legal solution is to establish a halfway house with an empowerment program for the sea people, which can be regulated under the Lingga, Indonesia regional regulation. Then it is also necessary to form a law that specifically regulates indigenous peoples to accommodate the traditional rights of indigenous peoples.
Harmonizing Legal Positivism and Natural Law for Social Engineering: Addressing Child Marriage in Indonesian Indigenous Communities Tan, Winsherly; Kalita, Manashi; Rusdiana, Shelvi; Situmeang, Ampuan; Seroja, Triana Dewi
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3829

Abstract

Introduction: This article examines the normative tension between state law and customary law in regulating child marriage practices within indigenous communities. In the Indonesian legal system, marriage is regulated through a formal legal framework emphasizing legal certainty and protection, while customary practices are rooted in communal values, traditions, and unwritten norms. Within the perspective of legal pluralism, the coexistence of these legal systems often creates challenges in terms of effectiveness, compliance, and social legitimacy. Purposes of the Research: The purpose of this research is to analyze the application of legal positivism and natural law theory in social engineering toward child marriage practices in indigenous communities, as well as to formulate an appropriate approach for addressing such practices within the framework of Indonesian law. Methods of the Research: This research employs a normative juridical method using statute and conceptual approaches. Legal materials consist of primary sources such as legislation and secondary sources including legal doctrines and scholarly writings related to customary law, marriage law, and legal theory. Results of the Research: The findings reveal that the persistence of child marriage in indigenous communities reflects a normative tension between the formal validity of state law and the moral legitimacy of customary law. Neither legal positivism nor natural law independently provides an adequate solution. Instead, an integrative approach based on Roscoe Pound's concept of law as social engineering, supported by legal positivism and natural law, offers a more effective framework for promoting legal reform while respecting indigenous cultural values. This study contributes to the literature by proposing an integrated analytical framework that bridges legal certainty, moral legitimacy, and participatory social transformation in legally pluralistic societies.