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IMPLEMENTATION OF SEAWORTHINESS STANDARDS FOR TRADITIONAL SHIPPING VESSELS BY THE HARBORMASTER AT SUNGAI GUNTUNG PORT: A COMPARATIVE STUDY OF REGULATIONS AND TRADITIONAL SAFETY PRACTICES Maruli Simon Lumban Gaol; Soerya Respationo; Erniyanti; Siti Nurkhotijah
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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Abstract

This study examines the legal framework, implementation, obstacles, and solutions concerning the Harbormaster's enforcement of seaworthiness standards for traditional shipping vessels at Sungai Guntung Port. It compares formal regulations with traditional safety practices through normative-empirical legal research using statutory, conceptual, empirical, and comparative approaches. Data were obtained through library research, semi-structured interviews, limited field observation, and documentation, and were analyzed qualitatively through data reduction, presentation, and deductive-inductive interpretation. The findings show that supervision is grounded in shipping legislation and implemented through document verification, physical inspections, cargo supervision, safety guidance, and the issuance of Sailing Approval Letters. Implementation nevertheless remains incomplete because of limited inspection personnel and facilities, owners' financial constraints, delayed certification, inadequate safety equipment, and reliance on inherited operating practices. Local knowledge of weather, currents, and waterways contributes to practical caution but cannot replace technical inspection or mandatory safety requirements. The study proposes collaborative maritime safety through continuous guidance, risk-based inspection, institutional strengthening, assistance with safety equipment, and gradual standardization. These measures seek to align traditional practices with national requirements without reducing the protection of vessels, crews, passengers, cargo, and the maritime environment.
PROFESSIONAL RISKS OF LAND DEED OFFICIALS IN MULTILAYERED ZONES: A COMPARISON OF LAND LAW FRAMEWORKS IN THE BATAM FREE TRADE ZONE AND FREE PORT AND ISKANDAR MALAYSIA Wahyu Taufiq Abdul Aziz; Erniyanti; Fadlan; Soerya Respationo
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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Abstract

The designation of an area as a special economic zone is generally understood to facilitate investment. This study examines that assumption from a rarely explored perspective: its consequences for deed-preparing officials. This normative legal study compares land law frameworks in the Batam Free Trade Zone and Free Port and Iskandar Malaysia using comparative, statutory, and conceptual approaches. It measures each zone-specific regime’s departure from its underlying land law across nine equivalent aspects. Iskandar departs from Johor State law in two of nine aspects, neither affecting legal relationships concerning land. Batam departs in five of nine aspects, all affecting those relationships and their governing institutions. This creates a distinctive professional risk for Land Deed Officials: deed validity depends on Management Right utilisation approval documents whose issuance standards lie beyond the profession’s control. A negative land registration system compounds this risk by providing no indefeasibility after registration, unlike the Torrens system, which ends that risk. The study concludes that institutional coordination reform concerns not only ease of doing business but also professional protection. It proposes four mitigation measures that preserve the nationality principle in Indonesian land law.
LEGAL ANALYSIS OF IMMIGRATION MEASURES FOR FALSE INFORMATION AT CITRA TRITUNAS PORT Tomi Farta Wijaya; Erniyanti; Soerya Respationo; Ramlan; Siti Nurkhotijah
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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The increasing number of Indonesian citizens (WNI) departing the country by providing false information (misrepresentation) has become a challenge in the implementation of immigration supervision, particularly in preventing trafficking in persons (TIP) and the non-procedural placement of Indonesian migrant workers (PMI). This study analyzes the legal regulation of immigration measures against Indonesian citizens who provide false statements, the implementation of optimized immigration measures at Citra Tritunas International Port, Batam, and the obstacles and solutions encountered. The study employs empirical legal research using statutory, conceptual, case, and sociological approaches. Data were obtained through literature review, documentation, observation, and semi-structured interviews with officials and immigration inspection officers at the Batam Class I Special TPI Immigration Office and were analyzed qualitatively. The findings show that the legal framework is based on Law No. 6 of 2011 on Immigration as amended by Law No. 63 of 2024, but does not specifically regulate misrepresentation by Indonesian citizens at the departure stage. Implementation has been optimized through risk profiling, behavioral analysis, secondary inspection, the Immigration Management Information System (SIMKIM), and inter-agency coordination. Key obstacles include limited operational regulation, human resources, inspection facilities, and increasingly adaptive transnational crime. The proposed solutions are stronger technical regulations, improved officer competence, modernized inspection technology, and integrated inter-agency data.
LEGAL ANALYSIS OF THE AMENDMENT OF LAW NUMBER 6 OF 2011 THROUGH LAW NUMBER 63 OF 2024 TO ADDRESS IMMIGRATION VIOLATIONS BY FOREIGN NATIONALS (A RESEARCH STUDY AT THE BATAM SPECIAL CLASS I IMMIGRATION OFFICE, TPI) Josua H.V.S Manalu; Soerya Respationo; Erniyanti; Siti Nurkhotijah
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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Abstract

The enactment of Law Number 63 of 2024 concerning the Third Amendment to Law Number 6 of 2011 concerning Immigration represents a normative transformation to strengthen state sovereignty and public order in Indonesia. This study analyzes the implementation of immigration regulatory reforms in addressing violations by foreign nationals and identifies obstacles and strategic legal solutions. Guided by the Selective Policy, enforcement focuses on definite durations for exit and entry bans, lifetime entry bans for serious crimes, firearm use by Immigration Officers, and mandatory accommodation data reporting. Using normative-empirical legal research, Lawrence M. Friedman's Legal System Theory, and Soerjono Soekanto's Law Enforcement Theory, the study finds that the reforms provide a clear legal basis. However, implementation faces inadequate implementing regulations, limited numbers and capacities of Immigration Civil Servant Investigators, inadequate border patrol facilities, deportation funding difficulties, weak data integration within the Foreign National Supervision Team, and widespread fictitious sponsorship. Proposed solutions include expediting technical implementing regulations, modernizing biometric technology and border patrols, integrating national databases, strengthening immigration diplomacy, and periodically auditing sponsor credibility.
JURIDICAL ANALYSIS OF THE POLICY ON THE ISSUANCE OF SAILING APPROVAL LETTERS BY THE HARBORMASTER FROM THE PERSPECTIVE OF MARITIME SAFETY AND DIGITAL PORT GOVERNANCE (A Research Study at the Class III Sungai Guntung Port Administration Unit Office) Yovan M. Siahaan; Soerya Respationo; Fadlan; Siti Nurkhotijah; Erniyanti
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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Abstract

The issuance of Sailing Approval Letters (SPBs) by the Harbormaster is a supervisory instrument for ensuring maritime safety and accountable port governance. The digital transformation of services through Inaportnet requires an effective, transparent, and integrated issuance process, but practical obstacles continue to limit implementation. This study analyzes the legal framework governing SPB issuance, its implementation at the Class III Sungai Guntung Port Administration Unit Office, and the obstacles and solutions associated with maritime safety and digital port governance. It draws on Philipus M. Hadjon's theory of authority, Sudikno Mertokusumo's theory of legal certainty, Lawrence M. Friedman's legal system theory, and Sedarmayanti's theory of good governance. Empirical legal research was conducted using statutory, conceptual, and sociological approaches. Primary data were obtained through interviews with the Harbormaster and relevant officials, while secondary data comprised legislation, books, scholarly journals, and supporting documents. The findings indicate that SPB issuance has an adequate legal foundation and generally follows the applicable procedures through Inaportnet. Nevertheless, limited technological infrastructure, unstable internet connectivity, uneven human resource competence, insufficient interagency data integration, and incomplete compliance among service users prevent optimal implementation. The proposed solutions include improving digital facilities, strengthening officials' capacity, assisting shipping service users, enhancing coordination, and periodically evaluating implementation. The study concludes that the principal challenges concern implementation rather than the basic substance of the regulations. Digital transformation should therefore strengthen, rather than replace, substantive safety verification and the Harbormaster's legal accountability.
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 Fajar Ramadani Fajar Utama 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 Josua H.V.S Manalu 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 Maruli Simon Lumban Gaol 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 Nofrizal Ramono Winawan Reni Nanda Rinda Kharisa Riza Rosalya 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 Nurkhotojah Sovia Sovia Stevanus Purba Syaiful Azwir Tampubolon, Sahat Maruli Tua Tartib Tartib Tartib Tito Panji Nugroho Tivonli Kirtan Tomi Farta Wijaya Tonny Tonny Topan Wishnu Candra Utari Afnesia Wahyu Taufiq Abdul Aziz Winda Isnaeni Yovan M. Siahaan Yunita Intan Tari Yuzirwan Nasution