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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..
Analisis Yuridis Pemberian Kompensasi Pegawai Outsourcing Berdasarkan PP 35 Tahun 2021: Studi di PT Universal Karya Mandiri Batam Tito Panji Nugroho; Soerya Respationo; Siti Nurkhotojah
Jurnal Hukum Lex Generalis Vol 6 No 5 (2025): Tema Hukum Perburuhan dan Ketenagakerjaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i5.1826

Abstract

This study analyzes the implementation of Government Regulation No. 35 of 2021 regarding outsourcing employee compensation in Batam City. Despite formal regulatory provisions for compensation, field implementation demonstrates inconsistency and ineffectiveness. Primary barriers include weak institutional supervision, low legal literacy among workers, and poor employer compliance. Premature contract termination practices to avoid compensation obligations contradict Aristotelian distributive justice principles. The research concludes that fair compensation requires regulatory clarity, institutional commitment, robust supervisory mechanisms, and enhanced worker rights awareness to achieve the regulation's normative objectives. Effective implementation necessitates comprehensive reform addressing systemic weaknesses in Indonesia's industrial relations framework, particularly concerning outsourced labor protection.
Juridical Analysis Of The Effectiveness Of The Implementation Of Military Police Duties In Maintaining Order And Discipline Of Military Members. Discipline Of Military Members (Research Study On Military Police Detachment I/6 Batam) Stevanus Purba; Soerya Respationo; Lagat Parroha Patar Siadari
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.3686

Abstract

The Military Police serve as the internal law enforcement within the Indonesian National Armed Forces (TNI), strategically maintaining order and discipline among soldiers as part of the military justice system. The increasing issue of disciplinary violations within the military environment, especially in strategic areas such as Batam, presents a real challenge for the Military Police Detachment I/6 Batam in carrying out its duties. This study aims to analyse, from a legal perspective, the legal regulations, the effectiveness of task implementation, and the obstacles and solutions that can be applied to enforce military discipline. This research employs normative and empirical juridical approaches. Primary data were obtained through direct interviews with PM officers, field observations, and internal document studies, while secondary data were sourced from legislative regulations such as Law No. 34 of 2004, Law No. 25 of 2014, and the Military Criminal Code. The analysis used supervisory theory, legal system theory, and the theory of legal certainty as analytical tools. The research results show that, normatively, the legal basis for the role of the Military Police is already quite strong; however, in practice, the effectiveness of task implementation still faces internal obstacles such as limited personnel, operational facilities, and training, as well as external obstacles in the form of the influence of social dynamics, civil-military interactions, and weak inter-agency coordination. Enhancement efforts are being made through strengthening technology-based supervision systems, technical training, reinforcing military ethical values through daily orders from the Commander of the Indonesian National Armed Forces (TNI), and cross-agency synergy. It is recommended that the TNI institution and the government provide greater support in the form of policies, budgeting, and structured training to improve the effectiveness of the Military Police as disciplined law enforcers within a professional and dignified military body.
Juridical Analysis Of The Authority Of Immigration Officers At Immigration Checkpoints In Granting Exit Permits For Indonesian Citizens As An Effort To Prevent Human Trafficking (A Research Study At The Batam Center Immigration Checkpoint) Julyanty Dinauli Marisi Silitonga; Soerya Respationo; Siti Nurkhotijah; Erniyanti Erniyanti
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.3687

Abstract

This study aims to analyse, from a legal perspective, the authority of immigration officers at Immigration Checkpoints (TPI) in granting exit permits to Indonesian citizens (WNI) to prevent the crime of human trafficking (TPPO). The focus of this research is on the implementation of the authority of immigration officers at Batam Centre TPI, one of Indonesia's main exit points and a region vulnerable to human trafficking. The research method used is a qualitative approach with field studies in the form of observation, interviews, and analysis of relevant legislative documents. The research results show that immigration officials' authority is regulated in Law Number 6 of 2011 concerning Immigration and Minister of Law and Human Rights Regulation Number 44 of 2015. Immigration officials have the right to postpone or deny exit permits if there are indications of human trafficking risks. This authority has been implemented through document checks, interviews, and the Immigration Management Information System (SIMKIM). However, there are still obstacles such as limited human resources, suboptimal information technology integration, and limited inter-agency coordination. This study recommends enhancing human resource capacity, developing and integrating better information technology systems, and strengthening coordination among relevant agencies to reinforce TIP prevention by issuing exit permits at TPI Batam Centre. Thus, it is hoped that immigration officials' authority can be effectively implemented to protect Indonesian citizens from the risks of human trafficking.
Good Governance In Golden Visa Policy To Increase Investment And Attract Investors (A Research Study At The Class I Special Immigration Office Tpi Batam) Rizky Hamonangan Rumapea; Soerya Respationo; Siti Nurkhotijah
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.3688

Abstract

Implementing the Golden Visa policy by the Indonesian government is a strategic step to enhance investment competitiveness and encourage long-term foreign investors into the country, particularly within Special Economic Zones (KEK). In the context of its implementation in Batam City, the Class I Special Immigration Office TPI Batam plays an essential role in carrying out this policy, which should be aligned with the principles of good governance such as transparency, accountability, effectiveness, and legal certainty. This study aims to analyse the legal framework, implementation mechanisms, challenges, and solutions in the implementation of the Golden Visa policy, emphasising the application of good governance by immigration institutions as facilitators of national development. This research uses normative juridical and empirical juridical approaches. The normative approach studies laws and regulations such as Law Number 6 of 2011, Minister of Law and Human Rights Regulation Number 22 of 2023, and Ministry of Finance Regulation Number 82 of 2023. Meanwhile, the empirical approach is obtained through interviews with immigration officials, investors, and Batam's Special Economic Zone authority. The data is analysed using Lawrence M. Friedman's legal system theory as the grand theory, Gustav Radbruch's theory of justice as the middle theory, and Mochtar Kusumaatmadja's legal development theory as the applied theory. The research results show that although the regulations and mechanisms for the Golden Visa policy are already in place, its implementation still faces various obstacles, such as regulatory disharmony, limited human resources, and minimal understanding among foreign investors. Therefore, efforts are needed to harmonise cross-sectoral policies and strengthen digital-based service systems. Applying sound governance principles is key to increasing investor confidence and positioning the Immigration Office as a strategic instrument in supporting national economic development.
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)
Publisher : CV. 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)
Publisher : CV. 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.
Juridical Analysis Of Law Enforcement Against Criminal Offenders Misusing Subsidized Fuel To Creating The Principle Of Justice (Research Study In Bintan Police Jurisdiction) Micha Pratama Dewa Dharma; Ramon Nofrial; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.995

Abstract

The purpose of the study is to determine legal arrangements in terms of enforcement against perpetrators of subsidized fuel abuse in the Bintan Police Area, to determine the implementation of law enforcement against perpetrators of subsidized fuel abuse in the Bintan Police Area, to find out obstacles and law enforcement solutions against perpetrators criminal misuse of subsidized fuel in the Bintan Police Station area. This thesis research method is normative juridical (legal research) through literature study with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically. The results showed that enforcement legal arrangements against perpetrators of subsidized fuel abuse are strictly enforced to ensure integrity and fairness in the distribution of subsidized energy resources to the people. The government, through various regulations and laws, has imposed significant sanctions on individuals or entities that misuse, divert, or resell subsidized fuel for commercial purposes. Law enforcement by the police against perpetrators of subsidized fuel abuse in Indonesia still requires optimization, although efforts have been made through various operations and raids, there are still reports and evidence showing that criminal acts of subsidized fuel abuse continue to occur in various regions. Obstacles such as lack of resources, coordination between agencies, and obstacles in investigation and prosecution make the law enforcement process not run as optimally as expected. This certainly challenges the integrity of social justice promoted by the government in the fuel subsidy program for people in need. In the implementation of law enforcement against perpetrators of criminal acts of misuse of subsidized fuel, the police are faced with several obstacle factors. First, limited human resources and equipment make law enforcement difficult to conduct thoroughly. Second, lack of inter-agency coordination often slows down investigations and prosecutions. Third, there are indications that the involvement of certain parties who have economic interests can hamper the law enforcement process. Solutions that can be proposed include increasing human resource capacity through training and education, improving infrastructure and supporting equipment, and strengthening inter-agency coordination mechanisms. In addition, transparency and accountability in the law enforcement process must be improved, as well as prioritizing a preventive approach through socialization to the public about the negative impacts of subsidized fuel abuse. It is recommended that the government to strengthen legal policies against perpetrators of criminal acts of misuse of subsidized fuel in order to provide a deterrent effect to perpetrators. The police are advised to improve law enforcement performance against perpetrators of criminal acts of misuse of subsidized fuel that harm the community and the state. The public is advised to participate in assisting the police in law enforcement against perpetrators of the criminal act of misusing subsidized fuel.
Juridical Analysis Of Batam's Authority Of Bp On The Issuance Of Land Management Rights To New Rights Holders In Order To Realize Legal Certainty (Research Study At Batam Business Agency) Sang Darma Pusa; Darwis Anatami; Ramlan Ramlan; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.996

Abstract

The purpose of the study is to determine the legal regulation of the authority of the Batam Concession Agency (BP) on the issuance of land management rights for new rights holders, to determine the implementation of the authority of the Batam Concession Agency (BP) on the issuance of land management rights for new rights holders in order to realize legal certainty, to find out the constraint factors and solutions from the implementation of the authority of the Batam Concession Agency (BP) on the issuance of land management rights for new rights holders for the sake of Realizing Legal Certainty. This thesis research method is normative juridical (legal research) through literature study with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically. The results showed that according to legal arrangements, the Batam Concession Agency (BP) has special authority in terms of issuing land management rights in the Batam area. It shows Batam's strategic position and importance in the country's economic and investment map. BP Batam acts as the central authority in regulating and supervising the granting of land management rights to new rights holders, ensuring that the process is carried out in accordance with applicable rules and regulations. The exercise of authority by the Batam Concession Agency (BP) in issuing land management rights for new rights holders is a concrete effort to realize legal certainty in the Batam area. Through its authority, BP Batam ensures that every grant of land management rights is carried out based on the principles of transparency, and accountability, and in accordance with applicable regulations. It is important to ensure that new rights holders get their rights clearly and without ambiguity, so as to encourage investment and sustainable development in Batam. Exercising its authority over the issuance of land management rights, BP Batam faces a number of obstacles, including complicated bureaucracy, potential discrepancies between central and regional regulations, and inadequacy of competent human resources. These obstacles have the potential to hinder the achievement of legal certainty for new rights holders. To overcome this, intensification efforts are needed in bureaucratic reform, harmonization of regulations, and capacity building and training for BP Batam apparatus. With this solution, it is hoped that the process of issuing land management rights can run more efficiently, and transparently, and provide legal certainty expected by rights holders and investors in Batam. It is recommended that the central and local governments to continue to support BP Batam with policies that facilitate the procedure for issuing land management rights. BP Batam should develop a digital system for the issuance of land management rights that can simplify the process, increase transparency, and strengthen legal certainty for new rights holders. To establish a regular dialogue forum between BP Batam, new rights holders, and other relevant parties to identify and resolve obstacles that arise in real time.
Juridic Analysis Of The Overlapping Ground Problem Resulting From The Difference In Measurement (Research Study For A Free Trade Company And Batam Free Port) Fadhilah Muhamad Noor; Darwis Anatami; Dahlan Dahlan; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.997

Abstract

The earth is the most susceptible object to the issue, the many issues taking place today are due to the varying issues of society, one of which is the overlapping (overlapping) of the land as to the possession of the land floor. The study was done with the purpose of learning about the overlapping land disputes (overlapping) and the encountered obstacles and solutions in the offices of the free trade and Batam free port bodies. The study employs a sociological juxtapoc approach, the is approaches through current legal research, and links with existing facts in society, with analytical research specifications, as to the issues encountered in overlapping (overlapping) lands in the offices of the free trade and Batam free port bodies. In this study, the authors used primary types of data through interviews and field observations supported by secondary data of qualitative library studies. The study indicated that the settlement of land rights issues by mediating in the Office of the Free Trade Company and Batam Free Port had been consistent with the provision of a settlement of the problem carried out by the Office of the Free Trade and the Batam free port. As for the problem at hand, it is the absence of the parties involved and the good faith of the parties involved. As to overlapping (overlapping) ground (overlapping) as a result of loss of land/patent or a measurable system difference, the management of the free trade area and the Batam free port provided the problem with a revised image setting (PL) or a ground reduction reduction with a compulsory annual return on ground space (UWT).
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