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H.M. Soerya Respationo

Universitas Batam

Author-ID : 359607

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Juridical Analysis Of Controlling Abandoned Land Of The National Land Agency In The Context Of Realizing Community Welfare (Research Study At The Land Agency Of Riau Islands Province) Deko Andesta; Erni Yanti; Ramon Nofrial; 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.v2i3.1010

In order to maintain land quality and improve community welfare, rights holders, management rights holders, and basic holders of land control are expected to protect and maintain their land and not neglect it. The problem of this research is legal regulation, controlling abandoned land, and the legal consequences of controlling abandoned land by the National Land Agency in order to realize community welfare. The results of the research on abandoned land are land rights, land with management rights, and land obtained based on control over land, deliberately not cultivated, not used, not exploited, and/or not maintained which is regulated based on Government Regulation Number 20 of 2021 concerning Controlling Areas and Abandoned Land Controlling Areas and Abandoned Land. Controlling abandoned land by the National Land Agency in order to realize community welfare includes inventory of land indicated to be abandoned, supervision of inventory of land indicated to be abandoned, reporting of the results of the inventory of land indicated to be abandoned, as well as follow-up to the results of the inventory of land indicated to be abandoned; The legal consequence of controlling abandoned land by the National Land Agency in the context of realizing community welfare is for the owner of the rights to abandoned land, namely that the land rights will be canceled and result in the end of the land rights. Efforts to overcome control or ownership of abandoned land are closely related to existing land policies. The application of norms in their implementation is identical to the implementation of rights and obligations. The government should perfect or improve the regulations for controlling and utilizing abandoned land, especially regarding the concept/understanding of abandoned land and the criteria to be further clarified and simplify the mechanism for implementing control, starting with identification work by the task force; provide recommendations for identification results to the Regency/City assessment team, Regional Offices and even to the Minister who will make a determination that a plot of land is abandoned. This is recommended so that there are no differences in perception between officers in the field.

PUTUSAN HAKIM: MENUJU RASIONALITAS HUKUM REFLEKSIF DALAM PENEGAKAN HUKUM Respationo, HM. Soerya; Hamzah, M. Guntur
Yustisia Vol 2, No 2: August 2013
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v2i2.10194

AbstrakPenegakan hukum tidak bekerja dalam ruang yang hampa sosial. Penegakan hukum senantiasa berinteraksi dengan dinamika masyarakat (external dynamics) dan dinamika dalam hukum itu sendiri (internal dynamics). Oleh karena itu, putusan hakim hendaknya merefleksikan kedua dinamika itu dengan cara mengkonstatir hubungan antara fakta, norma, moral, dan doktrin hukum dalam pertimbangan putusan hakim –baik secara sendiri-sendiri, maupun bersama—sangat terkait atau korelatif satu sama lain.Pola putusan hakim, termasuk penegakan hukumnya yang berlangsung saat ini masih didominasi tipe rasionalitas hukum formal. Ke depan –dalam rangka “good court governance”—pengembanan hukum praktis hendaknya di arahkan ke tipe rasionalitas refleksif, minimal diupayakan menggeser pola hubungan tersebut dari tipe rasionalitas formal ke rasionalitas substantif dan pada saatnya ke arah tipe rasionalitas hukum refkleksif.Key Words: Putusan Hakim, Rasionalitas Hukum Refleksif, Penegakan HukumAbstrackLaw enforcement does not work in a social vacuum of space . Law enforcement continues to interact with the dynamics community (external dynamics ) and the dynamics within the law itself ( internal dynamics ). Therefore, the judge’s decision should reflect both the dynamics of the relationship between facts mengkonstatir way , norms , moral , and legal doctrine in consideration of the judge’s decision - either individually , or collectively a very related or the same correlative lain.pola verdict , including the enforcement of the present day is still dominated by the type of formal legal rationality . Forward - in the context of “good governance court “ - developing of practical law should be directed to the type of reflexive rationality , at least attempted to shift the pattern of the relationships of all types of formal rationality and substantive rationality in time towards the type of legal rationality refkleksif .Key Words : Judgment , Rationality Reflexive Law , Law Enforcement

Digitalization Reform Of Land Certification In The Batam Free Trade Zone And Free Port Area Siti Nurkhotijah; Soerya Respationo; Khairul Riza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.368

This study examines the urgency, challenges, and prospects of law enforcement in the implementation of land certificate digitalization in the Batam Free Trade Zone and Free Port Area (KPBPB Batam). The digitalization of land certificates, particularly through the application of electronic certificates, is expected to strengthen legal certainty, prevent document forgery, expedite administrative processes, and enhance transparency in land governance in Indonesia. However, the dual authority of the Batam Authority (BP Batam) and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) creates regulatory and institutional complexities that have the potential to trigger conflicts in land management. The research method used is normative-empirical with a statute approach, case approach, and socio-legal analysis, supported by primary data in the form of interviews with BP Batam officials, ATR/BPN, notaries/PPAT, and secondary data comprising laws and regulations, legal literature, and related decisions. The results of the study indicate that although the digitalization of land certification offers significant potential to support investment and sustainable development in Batam, its implementation is still hampered by overlapping regulations, weak institutional coordination, limitations of technological infrastructure, and the unpreparedness of human resources. This study concludes that legal reform and regulatory harmonization between BP Batam and ATR/BPN are the main prerequisites for the successful digitalization of land certificates. In addition, strengthening law enforcement mechanisms, implementing the principles of good governance, and ensuring transparent oversight are key to preventing the abuse of authority and land disputes. The contribution of this research lies in enriching the discourse on land law reform in special economic zones and providing policy recommendations for the government, legal practitioners, and investors in facing the challenges of implementation.

The Mayor of Batam Ex-Officio as Head of The Batam Concession Agency: Cross-Jurisdictional Authority and Legal Problems Soerya Respationo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3591

This research aims to explore the impact of granting the position of Head of the Batam Concession Agency to the Mayor of Batam on an ex-officio basis on the principle of "check and balance" in the governance of Batam and to assess the extent to which this policy is consistent with the principles of regional autonomy and decentralization, which are constitutional cornerstones in Indonesia. Through a normative legal research method using secondary data, this study reveals that the policy of granting ex-officio positions has a significant impact on the principle of "check and balance" with a potential reduction in the effectiveness of internal and external supervision, as well as an increased potential for abuse of power that may affect the integrity of decision-making. In addition, this policy raises essential questions about consistency with regional autonomy and decentralization principles, the main pillars of Indonesia's governance system. The principle of regional autonomy aims to give authority to local governments to manage their affairs without excessive interference from the central government. This research provides important insights into the consequences and consistency of government policies that may affect the fundamental principles of regional governance.

CRIMINALIZATION AND CRIMINAL LAW ENFORCEMENT OF CROSS-BORDER NARCOTICS TRAFFICKING AS MARITIME TRANSNATIONAL ORGANIZED CRIME IN THE WATERS OF THE RIAU ISLANDS Erniyanti; Irpan Husein; Soerya Respationo; Agus Siagian; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

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The geopolitical position of the Riau Islands Province along major international shipping routes makes its territorial waters vulnerable to being exploited as a major corridor for Maritime Transnational Organized Crime (MTOC) involving illicit narcotics trafficking. This study aims to analyze the legal qualifications and formulation of the criminalization of MTOC-based cross-border narcotics trafficking under Indonesian criminal law, as well as to evaluate the effectiveness and obstacles of criminal law enforcement and maritime interdiction in the waters of the Riau Islands. This research employs a combined normative-empirical legal research method (doctrinal-empirical legal research) using statutory, conceptual, and case approaches. Secondary data, consisting of legislation and court decisions, are complemented by primary data obtained through in-depth interviews with the National Narcotics Agency of the Riau Islands Province (BNNP Riau Islands), the Water and Air Police Directorate (Polairud), the Indonesian Navy, the Directorate General of Customs and Excise, and legal academics. The findings indicate that, substantively, Law Number 35 of 2009 on Narcotics and the New Criminal Code under Law Number 1 of 2023 have accommodated the extension of extraterritorial jurisdiction and corporate criminal liability. However, law enforcement at sea remains constrained by criminal procedural law that is predominantly land-centric. Operational obstacles include the lack of clarity in maritime criminal procedures, particularly concerning the chain of custody and digital evidence; inter-agency jurisdictional friction and overlapping authorities; limited maritime surveillance and radar technology; and the socio-economic vulnerability of local fishermen who may be exploited as coastal couriers. This study recommends the formulation of a specific maritime criminal procedural framework (lex specialis), the establishment of a single agency command mechanism, modernization of maritime surveillance technology, and the strengthening of economic empowerment programs for coastal communities.

JURIDICAL ANALYSIS OF THE VALIDITY OF DEEDS READ WITHOUT THE PRESENCE OF A NOTARY IN NOTARIAL PRACTICE IN BATAM CITY Giofanny Marchellino Fransiscus Tulung; Erniyanti; Soerya Respationo; Markus Gunawan; Mania
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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A notarial deed is an authentic deed that possesses full evidentiary power and serves to provide legal certainty for parties in a variety of civil legal relationships. The authenticity of a notarial deed is determined not only by the authority of the notary as a public official, but also by the fulfillment of formal and material requirements as regulated in the Civil Code and the Law on the Office of Notary. In notarial practice, indications still arise of deed readings conducted without the presence of the notary or delegated to notary office staff. Such conditions have the potential to give rise to issues concerning the validity of the deed, its evidentiary strength, and the legal responsibility of the notary. This study aims to analyze the legal provisions regarding the validity of deeds read aloud without the presence of a notary, examine their impact on notarial practice in Batam City, and identify the legal risks arising for the deed, the parties involved, and the notary. This study employs a normative-empirical legal research method with statutory, conceptual, and empirical approaches. Data were obtained through literature review, document study, and interviews with notaries, the Notary Supervisory Council, and relevant parties in Batam City. The data obtained were analyzed using qualitative juridical analysis. The research results show that the obligation of the notary to read out the deed directly in the presence of the appearing parties is a formal requirement that must be fulfilled in the creation of an authentic deed. Reading the deed without the notary’s presence may cause the deed to lose its authenticity, weaken its evidentiary strength, and create legal uncertainty for the parties. In addition, such practice poses risks of civil, administrative, ethical, and even criminal liability for the notary if it is proven to cause loss or is done intentionally. Therefore, enhanced supervision, notary compliance with the provisions of the Notary Position Law, and legal education for the public are needed to ensure legal certainty and safeguard the integrity of the notarial profession.

LEGAL ANALYSIS OF OWNERSHIP OF A PLACE OF RESIDENCE BY FOREIGNERS DOMICILED IN INDONESIA, ON LAND WITH MANAGEMENT RIGHTS (HPL) CASE STUDY OF BATAM BUSINESS ENTITIES Rinda Kharisa; Erniyanti; Soerya Respationo; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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This study examines the legal framework, implementation, obstacles, and solutions concerning residential ownership by foreigners domiciled in Indonesia on land under the Management Right (Hak Management/HPL) of the Batam Indonesia Free Zone Authority (BP Batam). The research uses a normative-empirical legal design by combining statutory, conceptual, and case approaches with field data obtained through interviews with notaries/PPAT, BP Batam officials, and land-administration actors. The findings indicate that foreign residential ownership has a sufficient normative basis through the Basic Agrarian Law, the Job Creation regulatory framework, Government Regulation No. 18 of 2021, and implementing regulations. Foreigners cannot hold ownership rights over land; the legally available route is principally a Right of Use and, under relevant conditions, ownership of apartment units constructed on eligible land rights, including HPL land. In Batam, implementation requires BP Batam land allocation or approval and subsequent land registration, creating an additional administrative layer. The main problems are regulatory disharmony, institutional overlap, complex procedures, weak inter-agency integration, and risks of nominee arrangements. Harmonization, integrated digital services, clearer standard procedures, and stronger supervision are therefore required to improve legal certainty while maintaining the nationality principle in Indonesian land law.

OPTIMIZING IMMIGRATION PUBLIC SERVICES THROUGH ADMINISTRATIVE AUTHORITY AT BATAM IMMIGRATION CHECKPOINTS Ahmad Rifki; Soerya Respationo; Siti Nurkhotijah; Erniyanti; Ramlan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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services through administrative authority at the Batam Center Port Immigration Checkpoint (TPI), identify the accompanying obstacles, and formulate relevant policy solutions. Research Methodology: The research uses an empirical juridical approach (socio-legal research) with qualitative methods, combining legislative, conceptual, case, and socio-legal approaches, through semi-structured interviews with immigration officials, field observations on the implementation of digital-based international arrival reporting, and document studies at the Batam Class I Special Immigration Office TPI. Results: The administrative authority of Immigration Officers at the Batam Center TPI has strong legal legitimacy through attribution, delegation, and mandate mechanisms, but the implementation of digital services via the All Indonesia Application is not optimal due to regulatory gaps, the absence of imperative administrative sanction norms, and the unavailability of standard Contingency Plan SOPs. The Reliability Dimension has not been achieved due to server latency during peak hours, while the Responsiveness Dimension of officers is high but functions as a compensating factor that shifts the role of officers from border law enforcement to technical assistance. From the perspective of Aristotle's Theory of Justice, a single digital service scheme has the potential to harm distributive justice for vulnerable groups, while corrective justice for system failures is still ad-hoc because it has not been institutionalized. Conclusion: Optimizing immigration public services at TPI Batam Center requires holistic legal and bureaucratic engineering in three dimensions at once, namely legal substance, legal structure, and legal culture, as per the Friedman Legal System Theory framework, so that the balance of the Four Immigration Functions can be realized without sacrificing state security or the quality of public services. Limitations: The research is limited to one locus, namely the Batam Center Port TPI, with qualitative data based on interviews with a limited number of informants, so generalizations to other TPIs with different characteristics need to be done carefully. Contribution: This research contributes to the development of state administrative law and immigration law, particularly regarding administrative authority in digital border governance, and proposes concrete recommendations for the Directorate General of Immigration and the Batam Immigration Office.

Co-Authors Agus Siagian Ahmad Rifki 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 Giofanny Marchellino Fransiscus Tulung Guswanda Andi Putra Pratama Harry Priambodo Horas Sahatma Hatuaon Irman Pasaribu Irpan Husein Ismet Sihombing Jerry Satriawan Jimmi Fernando Kriston Simatupang Jimmy Limou Julyanty Dinauli Marisi Silitonga Jurhan Panangian Siallagan Khairul Riza 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. Guntur Hamzah M. Tartib Mania 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 Ramlan Ramon Nofrial Ramon Nofrial Ramon Nofrial Ramon Nofrial Ramon Nofrizal Ramono Winawan Reni Nanda Rinda Kharisa 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

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