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H.M. Soerya Respationo

Universitas Batam

Author-ID : 359607

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Public Health Social Sciences Other

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Juridical Analysis of Investment in Batam : Case Study in The Rempang-Galang Area Nurlaelah Nurlaelah; Darwis Anatami; Sayid Fadhil; Soerya Respationo; Erniyanti Erniyanti
International Journal of Social Welfare and Family Law Vol. 1 No. 4 (2024): October : International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v1i4.51

Investment is an essential instrument for capitalist countries to boost the national economy and create job opportunities for the community. Investment in Indonesia began with Foreign Investment Law No. 56 of 1964, which was later updated with Foreign Investment Law No. 25 of 2007 in line with the times. To increase investor interest in entering Indonesia, the government enacted Job Creation Law No. 11 of 2020, which was further updated through the Job Creation Law up to 2023. Due to the complexity and increasing number of investors facing obstacles such as land acquisition and regional policies, a Presidential Regulation on National Strategic Projects (PSN) was issued. The government's hopes and expectations for smooth investor operations do not always align with implementation. Specifically, PSNs often result in agrarian conflicts for local residents whose land is taken over for PSN purposes. In the context of investment in Batam, particularly the Rempang Eco-City Development Plan in the Rempang-Galang area, clashes occurred and drew national attention and concern from various experts when land measurements began by PT MEG, escorted by the Joint Team comprising police, TNI, and the Ditpam Batam Management Agency (BP Batam). They have not reached an agreement but are already being pushed for swift execution. The obstacles to investment in the PSN Rempang Eco-City include conflicts arising from legal uncertainties over land ownership since the administrative change from Bintan Selatan District to Batam City, becoming Galang District since 1980. Represented by their legal counsel LBH GP Asnhor, they demand legal certainty over their ancestral land to be issued certificates, enabling fair and humane compensation. This demand has been submitted to President Joko Widodo regarding the request for land legality for the villages on Rempang Island, Galang Island, and New Galang Island on behalf of the chairman of the Local Indigenous People's Relatives (KERAMAT) Gerisman Ahmad. Due to these obstacles and conflicts, the central government, through President Joko Widodo, issued Presidential Regulation No. 78 of 2023 on Handling Social Community Impacts in the Context of Land Provision for National Development. However, as of July 2024, there has not been a comprehensive agreement between the community, the Batam City government, and the head of BP Batam. The government is taking a softer approach by personally approaching residents to relocate to Tanjung Banon, where four model houses have been provided as promised incentives for those willing to move.

Implications of Victim Protection in Handling Crimes of Sexual and Monothesis Against Minors M. Candra Gunawan Sitorus; Parameshwara Parameshwara; Bachtiar Simatupang; Erniyanti Erniyanti; Soerya Respationo
International Journal of Social Welfare and Family Law Vol. 1 No. 4 (2024): October : International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v1i4.52

The handling of the crime of sexual intercourse and molestation of minors is a crucial issue that requires serious attention from various parties. The background of this study is the high rate of sexual violence against minors in the Barelang Police area and the need to evaluate the implementation of victim protection in this context. The purpose of this study is to analyze the implications of victim protection in handling the crime of sexual intercourse and molestation of minors in the Barelang Police, as well as to identify obstacles and efforts made to improve this protection. The research method used is normative juridical through library research using secondary data, and also uses an empirical juridical approach through field research using primary data collected through interviews with law enforcement officials, psychologists, victims, and victims' families. Secondary data was obtained from official documents of the Barelang Police, case reports, and related literature. Data analysis was carried out using qualitative descriptive methods to provide a comprehensive picture of the condition of victim protection and its implications. The results of the study show that although there are serious efforts by the Barelang Police in providing protection to victims, there are several significant obstacles that reduce the effectiveness of these protections. The main obstacles include a lack of adequate psychological assistance, lengthy and convoluted legal processes, a lack of public awareness, and ineffective coordination between related institutions. The implications of these barriers include prolonged psychological suffering for victims, a decline in public trust in the justice system, and a lack of justice for victims. Suggestions given to overcome these obstacles include: capacity building and training of law enforcement officials, education and awareness campaigns in the community, and strengthening victim protection systems and facilities by the government. It is hoped that with the implementation of these suggestions, victim protection can be improved, so that justice and welfare for children victims of sexual violence can be realized more optimally.

Juridical Analysis of Law Enforcement Against Terminals for Self-Interest (TUKS) in Tanjung Pinang City Harry Priambodo; Parameshwara Parameshwara; Ramlan Ramlan; Soerya Respationo; Erniyanti Erniyanti
International Journal of Social Welfare and Family Law Vol. 1 No. 3 (2024): July : International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v1i3.58

Law enforcement against the Self-Interest Terminal (TUKS) in Tanjung Pinang City is an important issue in the context of shipping safety and environmental protection. The background of this research is based on various violations that occur in the field, such as lack of facility maintenance, non-fulfillment of safety standards, and environmental pollution, which shows the absence of suboptimal law enforcement by the Tanjung Pinang Class II Port Authority (KSOP). The purpose of this study is to assist the legal arrangements that regulate TUKS, identify obstacles in law enforcement, and provide suggestions to overcome these obstacles to improve the effectiveness of law enforcement. The research method used is a normative juridical approach with an analysis of applicable laws and regulations, including Law No. 17 of 2008 concerning Shipping, Law No. 32 of 2014 concerning Marine Affairs, and Regulation of the Minister of Transportation Number PM 51 of 2011. In addition, an empirical juridical approach is carried out by interviews and observations to obtain empirical data on the application of law enforcement. The results of the study show that law enforcement by KSOP Class II Tanjung Pinang faces several significant obstacles, such as limited human resources and facilities, lack of coordination between agencies, complicated bureaucratic related procedures, and low awareness and compliance of companies with applicable regulations. These obstacles result in the supervision and enforcement of violations in TUKS not running effectively. To overcome these obstacles, this study suggests several strategic steps. First, increase the capacity and resources of KSOP by increasing protected labor and providing modern equipment. Second, strengthen coordination between agencies through the formation of special forums or committees and the implementation of bureaucratic procedures to accelerate the handling of violations. Third, increasing the awareness and presence of the company through socialization and education programs and involving the public in reporting violations. For this reason, it is recommended to increase the allocation of resources, strengthen coordination between related agencies through the formation of forums or special committees, the community, especially companies that operate TUKS, must actively participate in socialization and education programs organized by KSOP Class II Tanjungpinang and the government and for the Civil Servant Investigator Position to be included in the Position Map within the Technical Implementation Unit of the Directorate General of Sea Transportation of the Ministry Transportation at KSOP Class II Tanjungpnang.

Juridical Analysis of the Issuance of Sailing Approval Letters at the Municipal Office and Port Authority to Obtain Legal Certainty : Research Study on the Batam Special Port Authority and The Municipal Office Ismet Sihombing; Erniyanti Erniyanti; Ramlan Ramlan; Soerya Respationo
International Journal of Social Welfare and Family Law Vol. 1 No. 4 (2024): October : International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v1i4.59

The issuance of a Sailing Approval Letter (SPB) by the Office of Municipal Affairs and Port Authority (KSOP) is a crucial process that ensures that ships operating in Indonesian waters meet safety and seaworthiness requirements in accordance with applicable maritime regulations. This study was conducted against the background of the importance of SPB in providing legal certainty for all parties involved in shipping, as well as various obstacles faced in the issuance process at the Batam Special KSOP. This study aims to analyze juridically the procedure for issuing SPB in the Batam Special KSOP in order to obtain legal certainty, identify existing obstacles, and offer relevant solutions. The research methods used are normative juridical and empirical sociology. The normative juridical approach is carried out by analyzing related laws and regulations, such as Law Number 17 of 2008 concerning Shipping, Government Regulation Number 51 of 2002 concerning Shipping, and Regulation of the Minister of Transportation Number 39 of 2017 concerning Registration and Nationality of Ships. An empirical sociological approach is carried out through direct observation and interviews with KSOP officers, ship operators, and other related parties to get a practical picture of the implementation of SPB issuance in the field. The results of the study show that although the procedure for issuing SPB at the Batam Special KSOP is in accordance with applicable regulations, there are various obstacles such as limited human resources and equipment, ineffective coordination between agencies, and non-compliance of ship operators with regulations. To overcome these obstacles, efforts are needed to increase resource capacity, invest in technology, and improve coordination between agencies. Suggestions given include: (1) Batam Special KSOP needs to increase the number and skills of officers through training and recruitment, (2) The government should provide a budget for investment in modern equipment and technology, and (3) the community, especially ship operators, should increase compliance with regulations through participation in socialization and education programs. Thus, it is hoped that the SPB issuance process can run more effectively and efficiently, providing better legal certainty for all parties involved.

JURIDICAL ANALYSIS OF ACQUISITION OF LAND RIGHTS AS OBJECTS OF AGRARIAN REFORM IN THE PERSPECTIVE OF SETTLEMENT OF LAND TENURE IN FOREST AREAS (Research Study at The Karimun Regency Land Office) Syafrizal; Soerya Respationo; Erniyanti; Dahlan; Sayid Fadhil
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1296

Protected Forest Areas are forests or large areas of land that contain a collection of types of flora and fauna that form naturally or not. Forest areas designated as protected forest areas have a role as providers of clean water reserves, flood prevention, erosion protection, city lungs, and many more. The problems in this research are: How is the Legal Regulation of the Policy on Acquisition of Land Rights Objects of Agrarian Reform in the Perspective of Settlement of Land Tenure in Forest Areas, How is the Implementation of the Policy of Acquisition of Land Rights Objects of Agrarian Reform in the Perspective of Settlement of Land Tenure in Forest Areas, and What are the Factors? Constraints/Obstacles and Solutions to Policy Acquisition of Land Rights Objects of Agrarian Reform in the Perspective of Settlement of Land Tenure in Forest Areas. This research aims to determine the Legal Regulations for Acquisition of Land Rights for Objects of Agrarian Reform in the Perspective of Settlement of Land Tenure in Forest Areas. To find out how the policy for acquiring land rights over objects of agrarian reform is implemented in the perspective of resolving land tenure in forest areas, to find out the obstacles/obstacles and solutions to the policy of acquiring land rights over objects of agrarian reform in the perspective of resolving land tenure in forest areas. This research uses a descriptive method using a normative approach (Legal research) to obtain primary data through field research (research). The results of the research show that the Policy for Acquisition of Land Rights for Agrarian Reform Objects in the Perspective of Settlement of Land Tenure in Forest Areas (Research Study at the Karimun Regency Land Office) has basically been implemented well although there are still many obstacles in the field, especially the lack of professional and dedicated human resources high For this reason, it is hoped that the work mechanism of the Environment and Forestry Service of Riau Islands Province will be optimized so that obstacles related to the control of land rights in forest areas can be resolved.

NARCOTICS CONTROL BY THE DIRECTORATE GENERAL OF CUSTOMS AND EXCISE AT THE BATAM TYPE B CUSTOMS AND EXCISE MAIN SERVICE OFFICE Tri Lukita Adi; Bachtiar Simatupang; Erni Yanti; Soerya Respationo
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1303

Narcotics control at the Batam Type B Customs and Excise Main Service Office with patrol activities, stopping, deterring, sealing and inspecting people, facilities and goods transported across the customs area. Law enforcement includes actions to stop, deter, examine and research files and extract more in-depth information about the perpetrator, then hand it over to National Narcotics Agency/Police investigators. Establishment of the Batam Intelligence and Analyzing Center (BIAWAC), as well as implementation of Cyber Crawling techniques with Data Scraping.

JURIDICAL ANALYSIS OF CRIMINAL ASPECTS IN AGREEMENTS FOR THE TRANSPORTATION OF GOODS AND SERVICES USING SEA SHIPS Erdi Steven Manurung; Parameshwara; Soerya Respationo; Erniyanti; Fadlan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1346

There are 3 (three) principles of carrier responsibility in transportation law, namely the first is the principle of responsibility based on fault (fault of liability), the second is the principle of responsibility based on presumption of liability, and the third is the principle of absolute responsibility. The carrier's responsibilities in the transportation law mentioned above apply to responsibilities that apply nationally and internationally. For all losses that may occur, the owner of the property that suffers loss can reduce or mitigate the loss, and the loss can even be borne by someone else as long as this is agreed upon in advance. An agreement that occurs between those who own goods because they are worried that they will suffer losses as a result of carrying out transportation due to the threat of danger at sea and those who are willing to bear the loss is called a (marine) insurance agreement. Based on the research results, it was found that Law no. 17 of 2008 concerning Shipping, what is meant by ship's seaworthiness in this Law is the condition of the ship that meets ship safety requirements, prevention of water pollution from ships, manning, loading lines, loading, welfare of the crew and health of passengers, legal status of the ship, management safety and prevention of pollution from ships, and safety management of ships for sailing in certain waters. Provisions regarding criminal acts in the field of shipping, contained in articles 284, up to article 336, Law No. 17 of 2008 concerning Shipping, which are used to facilitate understanding are divided into 2 (two) categories or sections, namely: Based on the Subject of the perpetrator and based on Responsibility criminal.

JURIDICAL ANALYSIS OF LAW ENFORCEMENT OF THE CRIME OF SHIPPING REVIEWED FROM LAW NO 17 OF 2008 CONCERNING SHIPPING FROM A SUPPORTING PERSPECTIVE MARITIME AXIS Daniel Ferdinand Purba; Parameshwara; Erniyanti; Soerya Respationo
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1347

In implementing law enforcement at sea, law enforcement activities and maritime security operations are carried out by several institutions including the Water Police, Indonesian Navy (TNI AL), Sea and Coast Guard, Harbor Master, Customs, Immigration. As stated in Law No. 17 of 2008 concerning shipping, which created sea and coast guards, the purpose of which was to enforce regulations in the field of shipping safety and security, and a coordination function in the field of law enforcement outside of shipping safety. The results of the research found that law enforcement in Indonesian maritime areas uses territorial-based jurisprudence. Territorial jurisdiction is also defined as geographical state power which describes the surface of the earth and the space above it as well as the land below which constitutes sovereignty over its territory, including both people and objects within it, for this reason, it is hoped that there will be a need for a regulation/law which comprehensively regulates the integration of various sectoral interests in the sea area so that the obstacles that have occurred so far can be found, both in the scope of planning, utilization, as well as supervision and control for law enforcement at sea. And strengthening enforcement of regulations in the field of shipping crimes cannot yet be implemented in an integrated and well-coordinated manner so that there is no overlapping of law enforcement authority at sea which could reduce Indonesia's image in international relations.

JURIDICAL ANALYSIS OF HANDLING VICTIMS OF NARCOTICS ABUSE THROUGH REHABILITATION IN A LAW ENFORCEMENT PERSPECTIVE (RESEARCH STUDY AT THE NATIONAL NARCOTICS AGENCY RIAU ISLANDS PROVINCE) Faozatulo Sadawa; Fadlan; Soerya Respationo; Erniyanti
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1348

The practice of rehabilitation for narcotics abusers is still not in accordance with existing laws and regulations, namely that existing regulations are supposed to rehabilitate users who abuse narcotics, but this provision is never implemented, more perpetrators/victims are convicted than rehabilitated. Bearing in mind that Articles 56, 57, 58, 59 concerning Narcotics require that narcotics addicts and victims of narcotics abuse must undergo medical rehabilitation and social rehabilitation, so that narcotics abusers do not experience narcotics addiction again, both mentally and socially. The results of the research found that the Riu Islands Province National Narcotics Agency (BNN) carried out rehabilitation efforts according to applicable regulations, namely that there were still many addicts who refused to be isolated in a rehabilitation center. This happens because most narcotics addicts consider life in rehabilitation to be suffering for those who are still in the addiction stage, especially when going through a state of withdrawal. It turns out that the addict has experienced a semi-insane condition (dual diagnosis) or has experienced a serious illness that requires special medical treatment.

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

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