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 implementation of the Immigration Management Information Sys-tem (SIMKIM) in passport services in Batam City towards transparent public service. Jimmy Limou; Soerya Respationo; Ramon Nofrial
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4014

Abstract

Ensuring everyone can see and understand how government services work is crucial. Thanks to new technology, the immigration office in Batam City has begun using a new computer system called SIMKIM to assist with passport services. This study examines how SIMKIM regulations were created, how it is used, and the challenges and solutions. The study discusses how the law supports SIMKIM, how workers and the public use it, and the challenges they face, such as a lack of computers or a lack of familiarity with digital devices. Overall, SIMKIM helps speed up, improve, and simplify the passport application process. The study suggests that to improve services, they need to improve regulations, provide more training to workers, build better computer systems, and teach more people how to use digital technology.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS IN IMMIGRATION (A RESEARCH STUDY AT THE CLASS II IMMIGRATION OFFICE OF TANJUNG BALAI KARIMUN) Ramono Winawan; Soerya Respationo; Parameshwara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4021

Abstract

Border areas such as Tanjung Balai Karimun have a strategic position as entry and exit points for foreign nationals (WNA), thus requiring strict and effective immigration supervision. One form of such supervision is the implementation of immigration administrative measures, as stipulated in Law No. 6 of 2011 concerning Immigration. However, in practice, the implementation of administrative measures such as refusal of entry, deportation, and prevention still faces various obstacles. This study aims to analyze the legislation, implementation, obstacles, and solutions for the implementation of immigration administrative measures at the Tanjung Balai Karimun Class II Immigration Office. This study uses a normative legal approach and an empirical legal approach with a sociological approach (socio-legal approach). Legal materials were obtained through document studies, interviews with immigration officials, and direct observation of the implementation of administrative measures in the field. The results of the study indicate that, from a normative perspective, the laws and regulations governing administrative measures are adequate and comprehensive, supported by implementing regulations such as Government Regulation No. 31 of 2013 as amended by Government Regulation No. 40 of 2023 and Ministerial Regulation No. 2 of 2025. However, from an implementation perspective, its implementation remains ineffective due to limited human resources, inadequate intelligence training, a lack of supporting facilities, weak inter-agency coordination, and low public legal awareness. Therefore, increasing institutional capacity, enhancing cross-sectoral coordination, utilizing intelligence technology, and providing legal education to the public are necessary strategies to systematically improve the effectiveness of immigration administrative actions.
LEGAL ANALYSIS OF LEGAL PROTECTION FOR CONSUMERS IN FINANCING AGREEMENTS WITH FIDUCIARY GUARANTEES IN THE DIGITAL AGE (RESEARCH STUDY IN THE CITY OF BATAM) Aris Munandar; Soerya Respationo; Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land issues in Batam City have become an important issue due to the development of digital technology, which has driven changes in the mechanism of financing agreements with fiduciary guarantees, from conventional systems to electronic systems through Fidusia Online services. This situation has legal implications, particularly in relation to legal protection for consumers who are faced with standard clauses, the risk of misuse of personal data, and unilateral enforcement practices by creditors. This study aims to analyze the legal regulations regarding the role of notaries in ensuring the validity of digital fiduciary agreements, examine the implementation of the role of notaries in protecting consumer rights, and identify obstacles and formulate solutions in the implementation of legal protection in Batam City. The research method used is normative legal with a regulatory approach to examine regulations related to digital fiduciary, as well as empirical legal through interviews and observations with notaries and consumers in Batam City to obtain primary data. The theories used include the theory of justice as a grand theory, consumer protection theory as a middle theory, and legal effectiveness theory as an applied theory. The results of the study show that normatively, the legal basis for digital fiduciary agreements is found in the Fiduciary Guarantee Law, the ITE Law, the Consumer Protection Law, and the Minister of Law and Human Rights Regulation on Online Fiduciary, although there are still gaps in regulations related to digital deeds and electronic signatures. Empirically, notaries play an active role in explaining the contents of agreements, supervising the obligations of creditors, and protecting consumer rights. However, the effectiveness of legal protection is still hampered by limitations in digital infrastructure, low consumer legal literacy, and arbitrary enforcement practices by creditors. The recommendations include harmonizing digital fiduciary regulations with consumer protection, strengthening the role of notaries in providing digital legal advice, improving infrastructure and technology training, supervising digital contracts by the OJK and the Ministry of Law and Human Rights, and increasing legal education for the public so that they better understand their rights and obligations.
JURIDICAL ANALYSIS OF LEGAL CIRCUMVENTION PRACTICES IN LAND OWNERSHIP TRANSACTIONS BY FOREIGN CITIZENS THROUGH NOMINEE AGREEMENT MECHANISMS IN INDONESIA Maniah; Erniyanti; Soerya Respationo; Tartib
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 2 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i2.3678

Abstract

This study examines notarial practice challenges in archipelagic regions through a comprehensive case study of Batam City, Indonesia, which serves as a unique example of an archipelagic special economic zone with significant cross-border commercial activity. The research employed mixed-methods methodology including in-depth interviews with 15 practicing notaries, focus group discussions with diverse client groups, and quantitative analysis of 384 notarial transaction records spanning 2019-2024. The findings reveal four primary challenges systematically affecting service delivery: geographical constraints causing average service delays of 2.8 days for island-based clients versus 0.6 days for urban clients; regulatory complexity with 89% of notaries reporting uncertainty about applicable legal frameworks among 47 potentially relevant regulatory provisions; technological limitations where only 23% of offices provide basic digital tools despite 82% of clients expecting digital services; and access disparities with island-based clients comprising merely 18% of service users while representing 31% of registered businesses. Statistical analysis demonstrates significant economic implications, showing that each additional day of notarial processing time correlates with a 1.2% decrease in investment completion probability, while transportation costs add 15-20% to total service expenses for island clients, creating systematic inequalities in legal service access. Professional development deficiencies further compound these operational challenges, with 71% of notaries feeling inadequately prepared for the complex regulatory environment they encounter in special economic zone practice. The research recommends four critical interventions: regulatory harmonization through integrated frameworks clarifying relationships between national notarial law and special economic zone requirements; controlled technology adoption programs enabling secure remote notarization while maintaining legal authenticity; restructured professional development programs addressing specialized knowledge needs of archipelagic practice; and innovative service delivery solutions including mobile notarial services and satellite offices to improve geographical accessibility. These findings contribute significantly to understanding legal service delivery in geographically challenging contexts and provide evidence-based foundations for comprehensive policy reform that could transform Indonesia's archipelagic geography from a barrier into a competitive advantage through context-specific innovations in notarial practice..
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.
Co-Authors Ali Amran Andri Gotama Andry Yosep Manalu Anida Anida Ardyansyah Yacob Aris Munandar Bachtiar Simatupang Bachtiar Simatupang Bayang Maneshakerti Benyamin Ginting Bungasia Bungasia Celine Tio Christhopher Theodore Nathanael Dahlan Dahlan Dahlan Daniel Ferdinand Purba Darwin Simanjuntak Darwis Anatami Darwis Anatami Deko Andesta Dheavani Afrila Edy Chandra Zebua Edy Supandi Elviani Elviani Erdi Steven Manurung Erlys Erlys Erni Yanti Erniyanti Erniyanti Ervin Fitianingrum Fadhilah Muhamad Noor Fadlan Fadlan Fadlan Fadlan Fadlan Fajar Ramadani Faozatulo Sadawa 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 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 Ramon Nofrial Ramon Nofrial Ramon Nofrial Ramon Nofrizal Ramono Winawan Reni Nanda Robi Gotama RR. Ella Evrita Hestiandari Rudy Tarigan Salamun Salamun Sang Darma Pusa Sayid Fadhil Sayid Fadhil Sianturi, Tony Budianto Silalahi, Dwi Grace Rosalia Sisilia Sisilia Siti Nurkhotijah Sovia Sovia Suhendri Atmoko syafrizal Syaiful Azwir Tampubolon, Sahat Maruli Tua Tartib Tartib Tartib Tivonli Kirtan Tonny Tonny Topan Wishnu Candra Tri Lukita Adi Utari Afnesia Winda Isnaeni Yunita Intan Tari Yuzirwan Nasution