Claim Missing Document
Check
Articles

Juridical Analysis Of Handling Optimization Election Crimes At The Gakkumdu Center: Research Study On Bawaslu Batam City Ervin Fitianingrum; Ramlan Ramlan; Lagat Parroha Patar Siadari; Soerya Respationo; Erniyanti Erniyanti
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.160

Abstract

The handling of election crimes is one of the important aspects in maintaining the integrity and fairness of the process of holding general elections in Indonesia. The Integrated Law Enforcement Center (Gakkumdu Center) was formed as a forum for law enforcement of violations of crimes in General Rehabilitation which is carried out in an integrated manner by Bawaslu, the National Police, and the Prosecutor's Office. However, in practice, in the Batam City Gakkumdu Center, it was found that there were obstacles caused by Batam City Gakkumdu Center officers who did not understand their duties and authorities as well as the applicable rules in handling election violation cases, namely investigators who did not carry out investigations in the Gakkumdu Center. This study aims to analyze juridically the optimization of the handling of election crimes by the Gakkumdu Center with a focus on the Batam City Bawaslu. This study uses a normative juridical research method with a qualitative approach. Data was collected through document studies, in-depth interviews with members of Bawaslu, the Police, and the Prosecutor's Office, as well as direct observation of the case handling process by the Gakkumdu Center in Batam City. Data analysis is carried out in a descriptive-analytical manner to identify obstacles and formulate optimization efforts. The results of the study show that there are officers of the Batam City Gakkumdu Center who are not compliant in carrying out their duties and authorities in accordance with applicable rules in handling cases of election violations, namely investigators who do not carry out investigations in the Gakkumdu Center so that as a result of Bawaslu members at the Gakkumdu Center being confused/not taking a stand in deciding the case to be stopped/continued because the facts of the calrification results are not drawn optimally, so that there is a potential for expiration in case handling and administrative issuance that does not comply with principles. This study concludes that optimizing the handling of election crimes at the Gakkumdu Center in Batam City requires a comprehensive and integrated approach. By implementing the recommended steps, it is hoped that the Gakkumdu Center in general can be more effective and procedural in carrying out its duties so that the law enforcement
Juridical Analysis Of Enforcement Of State Civil Apparatus (ASN) Discipline In The School Environment (Research Study Of SMA Negeri 15 Batam) Bungasia Bungasia; Fadlan Fadlan; Darwis Anatami; Erniyanti Erniyanti; Soerya Respationo
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.174

Abstract

Discipline of the State Civil Apparatus has been regulated in Law of the Republic of Indonesia Number 20 of 2023 concerning the State Civil Apparatus. In this regulation, the State Civil Apparatus consists of Civil Servants and Government Employees with Employment Agreements who are appointed by civil service development officials and entrusted with duties in a government position or entrusted with other state duties and are given income based on statutory regulations. The purpose of this regulation is intended to serve as a guideline in enforcing State Civil Service Discipline. However, the reality in the field is that violations of State Civil Apparatus Discipline, especially at SMAN 15 Batam, still occur frequently and repeatedly. This research aims to find out how the law regulates the enforcement of discipline towards State Civil Apparatus in the SMAN 15 Batam environment, how the implementation of law enforcement regarding the application of discipline towards the State Civil Apparatus in the SMAN 15 Batam environment and the obstacles faced by SMAN 15 Batam in enforcing discipline against State Civil Apparatus and alternative problem solving in the form of rewards and punishments. The research method used is a qualitative method with a normative and empirical juridical approach that analyzes statutory regulations relevant to the discipline of the State Civil Service. The data sources for this research were obtained from secondary data and primary data. Primary data was collected through interviews and observations, while secondary data was obtained from previous literature, books, journals and case studies. The results of the research show that so far the process of imposing punishment has only taken the form of a verbal warning delivered directly by the school principal. Verbal warnings are a form of light disciplinary punishment. Verbal warnings are given by considering the background of the Civil Servant disciplinary violation and the impact of the violation. Based on these results, the suggestion put forward is that it is hoped that all State Civil Servants will increase awareness of ASN discipline as well as understand and carry out obligations and avoid prohibitions in accordance with applicable laws and regulations. State civil servants must be more responsible for themselves and in carrying out ASN duties so that the objectives of ASN discipline can be realized well. For example, arriving at school early to avoid unexpected obstacles. In the future, enforcement of discipline in the State Civil Service must really be carried out properly and the process of imposing punishments must be stricter against perpetrators of violations of discipline by the State Civil Service so that it can provide a deterrent effect for undisciplined ASN.
JURIDICAL ANALYSIS OF THE COLLABORATION BETWEEN IMMIGRATION AND STAKEHOLDERS AT BATAM CENTRE INTERNATIONAL PORT IN EFFORTS TO PREVENT HUMAN TRAFFICKING CRIMES (RESEARCH STUDY IN BATAM CITY) Fajar Ramadani; Soerya Respationo; Siti Nurkhotijah
International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) Vol. 5 No. 5 (2025): October
Publisher : CV. Radja Publika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijebas.v5i5.4007

Abstract

The Criminal Act of Human Trafficking (TPPO) is a transnational crime that has a serious impact on human rights, especially in border areas such as Batam City, which has direct access to neighboring countries through the Batam Centre International Port. Preventing TPPO requires effective collaboration between Immigration and various stakeholders such as the Police, port authorities, and civil society organizations. This study aims to analyze the legal regulations, implementation, obstacles, and solutions regarding the collaboration between Immigration and stakeholders in efforts to prevent TIP at Batam Centre International Port. The methods used are normative juridical and empirical juridical legal research methods with a statutory approach and a sociological approach. Data was obtained through document studies and direct interviews with Immigration, the Police, KSOP, and NGOs. The analysis was carried out using three main theories: Max Weber's Theory of Authority, Lawrence M. Friedman's Legal System Theory, and Soerjono Soekanto's Theory of Legal Effectiveness. The results of the study show that although the legal framework for collaboration has been regulated through Law Number 6 of 2011 and Law Number 21 of 2007, as well as several technical memorandums of understanding, its implementation is still not optimal. The identified obstacles include overlapping authorities, the absence of inter-agency SOPs, limited resources, and a weak culture of cooperation. Current collaboration remains sectoral and has not been institutionalized on a permanent basis. This study recommends the establishment of integrated inter-agency SOPs, the creation of permanent coordination posts at ports, and collaborative training and incentive systems to strengthen institutional synergy in the prevention of human trafficking in border areas.
Legal Analysis of the Government's Role in Allocating Land for Farmers to Provide Legal Certainty : Research Study in Batam City Rudy Tarigan; Soerya Respationo; Parameshwara Parameshwara; 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.v1i4.143

Abstract

Batam City, as a rapidly growing industrial center, faces major challenges in allocating agricultural land for farmers who need legal certainty over the land they manage. The background of the problem in this study is the conflict of interest between industrial development and the need for agricultural land protection, which often sacrifices farmers' rights and causes legal uncertainty. The purpose of this study is to analyze the role of the government in allocating land for farmers in Batam City and to provide policy recommendations that can increase legal certainty over agricultural land. The research method used is a normative and empirical juridical approach, which includes an analysis of relevant laws and regulations such as Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, Law Number 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land, and Law Number 19 of 2013 concerning the Protection and Empowerment of Farmers. Primary data was collected through interviews with farmers, government officials, and other stakeholders, while secondary data was obtained from legal literature, policy documents, and previous case studies.The results of the study show that the implementation of land allocation for farmers in Batam City has not been optimal. Farmers often do not get adequate legal certainty because the allocated land can be revoked at any time by the government for the benefit of industrial development. The main obstacles identified include conflicts of interest between economic development and agricultural land protection, lack of legal certainty, weak coordination and oversight, development and urbanization pressures, and lack of supporting infrastructure. As a suggestion, this study recommends that the Batam City Government develop a balanced and inclusive spatial planning policy, accelerate the land certification process for farmers, improve coordination between institutions, and invest in agricultural infrastructure development. In addition, farmers are expected to strengthen their organizations to advocate for their rights, while the people of Batam City need to actively participate in the process of land use planning and monitoring to ensure sustainable and equitable development.
Legal Protection for Suspects in the Investigation Process of Terrorism Criminal Acts in Order to Fulfill Human Rights n the Region of the Riau Islands Police Raja Zailani; Dahlan Dahlan; Sayid Fadhil; Erniyanti Erniyanti; Soerya Respationo
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.v1i4.144

Abstract

The background of this study is the high number of terrorism cases in Indonesia that require strict law enforcement measures but must still respect human rights. Legal protection for suspects in the investigation process is crucial to ensure a fair legal process and in accordance with human rights standards regulated in various laws and regulations, including the Criminal Procedure Code, Law No. 5 of 2018, the 1945 Constitution, and Law No. 39 of 1999.The purpose of this study is to analyze the implementation of legal protection for suspects of terrorism crimes in the Riau Islands Police area, identify obstacles faced in implementing this protection, and formulate solutions to overcome these obstacles. The research method used is the empirical legal method, with a qualitative approach involving data collection through interviews, observations, and document studies.The results of the study indicate that the implementation of legal protection for suspects in the Riau Islands Police area is still less than optimal. The main obstacles identified include abuse of authority by law enforcement officers, lack of resources and capacity, and social stigma and discrimination against suspects. Abuse of authority often occurs in the form of unprocedural arrests and detentions, while limited resources result in a lack of adequate equipment and training for officers. Social stigma worsens the situation by hindering fair and humane legal protection. Based on the results of the study, it is recommended that supervision and accountability for the actions of law enforcement officers be strengthened, training and capacity building for officers be carried out continuously, and anti-stigma education and campaigns be carried out for the community. These steps are expected to increase the effectiveness of human rights protection for suspects, so that the process of investigating terrorism crimes can be carried out more fairly and in accordance with the principles of law and justice.
Juridical Analysis in Overcoming Obstacles to the Development of Individual Companies in the Digital Era Nurul Rahmawati; Parameshwara Parameshwara; Erniyanti Erniyanti; Soerya Respationo
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.v1i4.146

Abstract

Batam Port is one of the strategic ports in Indonesia that plays an important role in the flow of goods and passengers and supports regional and international connectivity. As a port with mandatory pilotage waters, pilotage and towing services are vital components in ensuring the safety and efficiency of port operations. The imposition of Non-Tax State Revenue (PNBP) of 5% from these services aims to increase state revenue and the quality of port services. However, the implementation of this policy raises various challenges, such as overlapping levies that increase ship operational costs and low levels of user compliance.This study aims to analyze the legal regulations, implementation, and impact of the imposition and management of PNBP contributions of 5% from pilotage and towing services in Class II Pilotage Waters of Batam Port. The research method used is qualitative with data collection techniques through in-depth interviews, observations, and documentation studies. Research respondents included officials of the Batam Special Harbormaster and Port Authority Office (KSOP), Port Business Entities holding pilotage delegations, shipping companies, and port service user.The results of the study show that the imposition of 5% PNBP is supported by a strong legal basis, but its implementation still faces obstacles such as high operational costs due to overlapping levies and low understanding and compliance of service users. The management of PNBP funds that is not transparent is also an obstacle in achieving the goal of improving port services and infrastructure. To overcome this problem, efforts are needed to harmonize levy policies, increase transparency and accountability in fund management, and provide more effective education and socialization to the maritime community. Suggestions submitted include harmonization of policies between KSOP Batam and the Port Business Entity BP Batam, increasing socialization and education to service users, and reviewing regulations by the government to ensure port efficiency and competitiveness. With these steps, it is hoped that the implementation and management of 5% PNBP can be more efficient, fair, and provide optimal benefits for all stakeholders in Batam Port.
Criminological Review of Efforts to Counter Terrorism Crimes by Involving Civil Society: Research Study in Riau Islands Province Andry Yosep Manalu; Dahlan Dahlan; Darwis Anatami; 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.v1i4.152

Abstract

This research is motivated by the increasing threat of global terrorism and the importance of the role of civil society in the prevention and countermeasures of terrorism crimes. In Riau Islands Province, civil society involvement in security still faces various obstacles, including a lack of awareness, fear of reprisals, and a lack of resources, all of which have an impact on the effectiveness of counterterrorism efforts. The purpose of this study is to analyze the participation of civil society in counterterrorism efforts in the Riau Islands, identify the obstacles faced, and provide suggestions for increasing community involvement. The research method used is qualitative with a case study approach. Data is collected through in-depth interviews, observations, and analysis of documents related to security policies. Respondents included security forces, NGO activists, and civil society members involved in security initiatives. The results show that despite the recognition of the importance of community involvement, there are still shortcomings in the implementation of effective programs. These shortcomings include a lack of training, a lack of protection for whistleblowers, and a lack of resources. These barriers limit the active participation of the community in terrorism prevention and countermeasures activities. Based on the results of the study, it is recommended that the government increase the allocation of resources for community participation programs, develop safe and anonymous reporting mechanisms, and conduct extensive education and socialization programs to increase public awareness and skills in identifying and reporting suspicious activities. Security forces must also strengthen relations with civil society through more open communication and confidence-building
Juridical Analysis Of The Settlement Of Defaulted Debtors With Fiduciary Guarantees At PT Mitra Gadai Kepri In Batam City Tonny Tonny; Ali Amran; Tartib Tartib; Erniyanti Erniyanti; Soerya Respationo
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.v1i4.157

Abstract

PT Mitra Gadai Kepri is one of the Private Pawnshops in Batam City which is licensed by OJK to provide financing products. However, the business of financing activities carried out often occurs Default, especially with Fiduciary Guarantees. Based on the description in this thesis, the problems to be studied are: 1)How is the Legal Arrangement Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. 2)How is the Implementation Related to the Settlement of Debtor Default with Fiduciary Guarantee at PT Mitra Gadai Kepri Partner in Batam City. 3)What Factors are the Obstacles / Constraints and Solutions Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. The method in this research is Normative Legal research supported by empirical research. Therefore, the Legislation and Conceptual approach will be carried out. Used in data collection in this research with Interviews and Literature Studie. The results of the study concluded that consumers who default with fiduciary guarantees due to low understanding of financial literacy. As well as not knowing the existence of regulations governing the protection of consumers and the public in the Financial Services Sector in resolving defaults with fiduciary guarantees. Suggestions in this study are that the OJK and Financial Services Business Actors must increase Financial Literacy and Inclusion in the wider community and include the government in eradicating illegal financial services. Financial Services Business Actors must analyze the ability to pay prospective customers in order to minimize defaults, especially with fiduciary guarantees and must resolve defaults in accordance with applicable regulations. And an appeal to the public to be wiser and more selective in choosing financial service products and institutions that provide these services.
Analysis Of Defaults In Employment Based Contract Agreements The Value Of Justice Nabila Gelasia Herta Ananda; Darwis Anatami; Fadlan Fadlan; Erniyanti Erniyanti; Soerya Respationo
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.v1i4.161

Abstract

Through Law Number 11 of 2020 concerning Job Creation and its derivative PP Number 35 Thuan 2021 concerning PKWT, Outsourcing, Working Time and Rest Time and Termination of Employment Relations is the crystallization of various laws regarding Employment. which, philosophically, does not provide guarantees and protection for workers' rights. Methodologically, this research is an empirical juridical research using a combined approach method which is carried out by analyzing the research explanation in an inductive way leading to a deductive method so as to help the author explain the relationship between research variables and research objects. The results of this research found that there are many deficiencies in Law Number 13 of 2003 concerning Employment, such as the absence of legal protection or workers who are in non-standard work relationships, gender discrimination, wages, lack of social security, leave rights and other rights, partial revision What the Job Creation Law does to the Employment Law Number 13 of 2003 actually creates new problems that have a negative impact on worker protection, the rules governing employment now, so that if you look closely at the revised and deleted articles, it appears that The spirit of the law does not at all touch on efforts to increase worker competency, even though in reality, in Pancasila industrial relations, worker protection is a form of government responsibility. So it is hoped that a legal political policy between the DPR and the government will make changes to Article 66 paragraph (2) of Law Number 3 of 2023 concerning the Determination of Perpu Number 2 of 2022 into the Job Creation Law and PP Number 35 of 2021 concerning Specific Time Work Agreements , Outsourcing, Working Time and Rest Time, and Termination of Employment Relations, so that it can be seen more clearly how the protection of workers/laborers, wages, welfare, and protection of the special rights of outsourced workers, especially outsourced workers, must ensure greater legal protection so that the working atmosphere can become better and more conducive and neither party feels disadvantaged
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 Ali Amran Andri Gotama Andry Yosep Manalu Anida Anida Ardyansyah Yacob Bachtiar Simatupang Bachtiar Simatupang Bayang Maneshakerti Benyamin Ginting Bungasia Bungasia Celine Tio Christhopher Theodore Nathanael Dahlan Dahlan Dahlan Dahlan Darwin Simanjuntak Darwis Anatami Darwis Anatami Darwis Anatami Deko Andesta Dheavani Afrila Edy Chandra Zebua Edy Supandi Elviani Elviani Erlys Erlys Erni Yanti Erniyanti Erniyanti Ervin Fitianingrum Fadhilah Muhamad Noor Fadlan Fadlan Fadlan Fadlan Fadlan Fajar Ramadani Farida Wulandari Fernando Chandra Firdaus Firdaus Firman Firman Gahara Herawati Guswanda Andi Putra Pratama Harry Priambodo Horas Sahatma Hatuaon Irman Pasaribu Ismet Sihombing Jerry Satriawan Jimmi Fernando Kriston Simatupang Jimmy Limou Julyanty Dinauli Marisi Silitonga Jurhan Panangian Siallagan Lagat Paroha Patar Siadari Lagat Parroha Patar Siadari Lagat Parroha Patar Siadari Laily Wahliati Laily Washliati Laily Washliati Laily Washliaty M Tartib M. Candra Gunawan Sitorus M. Guntur Hamzah M. Tartib Maniah Markus Gunawan Meilen Yudi Lumantow Mesniar Novrina Sari Duha Micha Pratama Dewa Dharma Michael Hasiholan Hutapea Muhammad Adi Putra Muhammad Rinaldi Muhammad Tartib Mulyo Hadi Nabila Gelasia Herta Ananda Natasya Ferena Novalina Estetika Sinaga Nurlaelah Nurlaelah Nurul Rahmawati Panca Gunawan Harefa Parameshwara Parameshwara Parameshwara Parameshwara Raja Zailani Ramlan Ramlan Ramlan Ramlan Ramon Nofrial Ramon Nofrial Ramon Nofrial Ramon Nofrial Ramon Nofrizal Ramono Winawan Reni Nanda Rizky Hamonangan Rumapea Robi Gotama Rudy Tarigan Sang Darma Pusa Sayid Fadhil Sayid Fadhil Sianturi, Tony Budianto Silalahi, Dwi Grace Rosalia Sisilia Sisilia Siti Nurkhotijah Siti Nurkhotijah Siti Nurkhotojah Sovia Sovia Stevanus Purba Syaiful Azwir Tampubolon, Sahat Maruli Tua Tartib Tartib Tartib Tito Panji Nugroho Tivonli Kirtan Tonny Tonny Topan Wishnu Candra Utari Afnesia Winda Isnaeni Yunita Intan Tari Yuzirwan Nasution