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Analisis Yuridis Proses Penyelesaian Tindak Pidana Terhadap Pelaku Penipuan Melalui Pembayaran Elektronik Untuk Mewujudkan Perlindungan Hukum Muhammad Noval; Ramon Nofrial; Siti Nurkhotijah
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 1 (2022): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (800.297 KB) | DOI: 10.35912/jihham.v2i1.1579

Abstract

Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 states that any person who intentionally and without rights spreads false and misleading news that results in consumer losses in Electronic Transactions shall be punished with imprisonment and/or or fines. The fraud that occurred at One Mall Batam carried out through fake or fictitious electronic transactions cost the victim a total of 30 million rupiah. Purpose: The purpose of this study is to determine the regulation of criminal law against perpetrators of fraud through electronic payments in order to realize legal protection. And to find out the implementation, constraint factors and solutions in preventing and overcoming the rise of fraud in electronic payments. This research method is empirical juridical. Methodology: This research consists of literature study and is also supported by field studies through interviews with respondents. Results: The results of the study indicate that the regulation of criminal law against criminals through electronic payments in realizing legal protection, namely Article 378 of the Criminal Code which regulates special crimes, is also specifically regulated in Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which regulates criminal acts of fraud committed through electronic transactions and is subject to a maximum criminal penalty of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000 ,00 (one billion rupiah). Implementation in preventing and overcoming the rise of fraud in electronic payments is carried out by optimally criminalizing the perpetrators of crimes committed through electronic transactions. Limitations: The constraint factor faced is that there are many types of electronic transactions that cannot be reported directly, making it easier to ensure the results of daily reports. Contribution: The solution is that the victim must be more careful in accepting every payment through an electronic transaction, the victim must have the equipment to verify the proof of the electronic payment. It is recommended for law enforcement officers to optimize the performance of law enforcement for electronic transactions and dismantle tricks or methods applied by perpetrators to prevent other victims, victims to be more careful and thorough in accepting electronic transactions and must ensure first in advance of any payments made.
Analisis Yuridis Penerapan Diversi dan Keadilan Restoratif dalam Sistem Peradilan Pidana Anak pada Tingkat Penyidikan Demi Mewujudkan Perlindungan Anak Gita Damaiyanti; Ramon Nofrial; Erniyanti Erniyanti
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (771.797 KB) | DOI: 10.35912/jihham.v2i2.1674

Abstract

Purpose: This study is to find out the legal arrangements for diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police, to find out the implementation of diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police and to Know the Constraints / Barriers and Solutions to diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police. Method: This research is normative legal research, supported by sociological/empirical research, using secondary data sources from library research to obtain a theoretical basis in the form of opinions or writings of experts, as well as to obtain information both in the form of formal provisions and data through official texts. Result: The formal criminal justice system which ultimately places children in prison status certainly brings considerable consequences in terms of child growth and development. The punishment process given to children in prisons does not succeed in making children deterrent and become better individuals to support their growth and development process, prisons often make children more skilled in committing crimes.
ANALISIS YURIDIS PENANGGULANGAN TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN UNTUK MEWEUJUDKAN KEAMANAN MASYARAKAT (PENELITIAN DI KEPOLISIAN RESOR NATUNA) Eric Rianto Eliezer; Simatupang Ramlan; Ramon Nofrial
Ensiklopedia of Journal Vol 5, No 3 (2022): Volume 5 No. 1 Edisi 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (93.305 KB) | DOI: 10.33559/eoj.v5i3.1340

Abstract

Crime comes from the Latin word crimen which means crime. One of the crimes that have befallen society lately is theft. Theft is divided into several types, one of which is theft with tampering. The crime of theft by weight is regulated in the Criminal Code. With the case of theft with weighting that occurs, it is necessary to have a countermeasure which is the enforcement of criminal law. The formulation of the problem in this study is how the legal arrangements regarding the prevention of the crime of theft by weighting and what the implementation of the crime of theft by weighting is carried out by the Natuna Resort Police. The research method used in this research is normative legal research or library research and empirical research or field research. Based on the results of the study, legal arrangements regarding forms of crime prevention can be seen in the Criminal Procedure Code as contained in Chapter 5 part 1 (Arrest), part 2 (Detention), and part 4 (Confiscation). Meanwhile, the prevention of criminal acts carried out by the National Police can be seen in Article 14 paragraph 1, Article 15 paragraph 1, and Article 16 of Law Number 2 of 2002 concerning the Indonesian National Police. The efforts made by the Natuna Resort Police are making efforts, namely repressive countermeasures and preventive countermeasures.Keywords: Theft, weighting, crime, countermeasure
ANALISIS YURIDIS PELAKSANAAN PEMBINAAN KEMANDIRIAN WARGA BINAAN PEREMPUAN (STUDI PENELITIAN DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIB BATAM) Crisya Grace Thessalonika Aritonang; Ramon Nofrial; Lia Fadjriani
Ensiklopedia of Journal Vol 5, No 1 (2022): Vol. 5 No. 1 Edisi 2 Oktober 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (165.891 KB) | DOI: 10.33559/eoj.v5i1.1273

Abstract

Prisons are no longer seen as places of punishment only, but also as a training for fostered citizens. The scope of coaching for fostered residents is divided into two areas, namely Personality Coaching and Independence coaching. This research is important to be carried out in order to find out how the Batam Class IIB Women's Correctional Institution carries out self-reliance development even though Batam does not yet have its own building and does not yet have the trainers needed as facilities and infrastructure that will be used to carry out activities to foster the independence of women-assisted residents. This research uses normative and empirical methods where data collection is used by taking legal and statutory approaches that are the basis of the law, and conducting direct interviews with the Head of the Work Activities Sub-Section of the Batam Class IIB Women's Correctional Institution and residents. The results of this research show that the legal arrangements carried out by the Batam Class IIB Women's Correctional Institution are in accordance with the applicable regulations, namely the Law of the Government Regulation of the Republic of Indonesia Number 31 of 1999 concerning the Development and Guidance of Correctional Assisted Citizens. The obstacle factor is the Batam Class IIB Women's Correctional Institution does not yet have its own building and does not have trainers. The suggestion in this study is that training of work unit officers is also needed because they also have the task and function of providing guidance in the work unit so that special knowledge or skills are needed for them. With that, it can help the implementation save more budget because it is not needed to bring in instructors from outside because the officers themselves already have qualified expertise.
Juridical Analysis of Law Enforcement Against Perpetrators of Criminal Acts Human Smuggling (Research Study of the General Criminal Investigation Directorate of the National Police) Mesniar Novrina Sari Duha; Ramon Nofrial; Darwis Anatami; Erniyanti; Soerya Respationo
International Journal of Sustainability in Research Vol. 1 No. 4 (2023): November 2023
Publisher : MultiTech Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59890/ijsr.v1i4.725

Abstract

One of the cross-border crimes that often utilize Indonesian territory as a transit point is human smuggling, popularly known as people smuggling. Human smuggling is classified as a transnational organized crime with a wide area of operation. Indonesia is one of the areas of the country targeted by illegal immigrants before being smuggled to their destination, namely countries on the Australian continent. This phenomenon has made human smuggling a criminal offense taken very seriously by all levels of the world community. In less than two decades, significant changes in Indonesia's strategic environment in the form of upheaval in the Asian region have encouraged human smuggling crimes and become one of the most exciting types of transnational crimes. Riau Islands, as one of the provinces in Indonesia, is a strategic area that has sea borders with Singapore and Malaysia, causing Riau Islands to become a stopover place for illegal migrants and the perpetrators so that there are many human smuggling mafias roaming around looking for victims. One of the factors triggering human smuggling that is difficult to eradicate and still occurs today in the Riau Islands is the existence of sectoral egos and various forms of modus operandi carried out by human smugglers.
Analisis Yuridis Terhadap Pendaftaran Peralihan Hak Atas Tanah dalam Mewujudkan Kepastian Hukum (Studi Penelitian di Kantor Badan Pertanahan Nasional Kota Batam) Anida Anida; Erniyanti Erniyanti; Ramon Nofrial; Soerya Respationo
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1160

Abstract

This research entitled "Juridical Analysis of Land Rights Transfer Registration in Realizing Legal Certainty (Research Study at the Office of the National Land Agency Batam City)" was conducted because there is a discrepancy between what has been regulated in the applicable laws and what occurs in the field. In practice, the Land Deed Official cannot fulfill the registration period for the deed of transfer of land rights as stipulated in Article 40 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration. This research aims to determine the legal regulations for land rights transfer registration, implementation related to land rights transfer registration, and factors that become obstacles and solutions related to land rights transfer registration. This research was conducted using juridical and empirical legal research. Based on the results of interviews and research, there are factors that hinder Land Deed Official from fulfilling the provisions of applicable laws and regulations, including regarding procedures for buying and selling land and buildings that occur in the field and regarding provisions determined by local government agencies. For this reason, it is hoped that the government can adapt the regulations made to existing regulations and adapt them to conditions occurring in the field.
Analisis Yuridis Perlindungan Hukum Terhadap Notaris Sebagai Pejabat Umum dalam Sistem Peradilan Pidana Terkait Kewenangan Membuat Akta Otentik (Studi Penelitian Di Kota Batam) Andri Gotama; Ramon Nofrial; Fadlan Fadlan; Soerya Respationo; Erniyanti Erniyanti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1172

Abstract

Notaries are public officials who are appointed and dismissed by the state through the Minister of Law and Human Rights of the Republic of Indonesia. Apart from the duties and obligations, Notaries also have the authority regulated in the Notary Position Law and receive legal protection from the state. The problems of this research: What is the relationship between Notaries as Public Officials in the criminal justice system regarding the authority to make authentic deeds, What is the legal protection for Notaries as Public Officials in the criminal justice system related to the authority to make authentic deeds, and the role of the Notary Honorary Council in providing legal protection for Notaries as Officials General in the criminal justice system regarding the authority to make authentic deeds?. The connection between a Notary's deed and the occurrence of a criminal act is that the authentic deed and its protocol are used as evidence of a criminal act or if there is a criminal element in its preparation which is the Notary's fault or the parties' error in providing information; or there is an agreement made between the Notary and one of the presenters. Legal protection for Notaries as Public Officials in the criminal justice system in the form of the rights and obligations of the Notary, and the approval of the Notary's Honorary Council to take photocopies of the minutes of the deed and/or letters attached to the minutes of the notary's deed or protocol in the Notary's custody; and the Notary to attend examinations relating to the Notary's deed or protocol which is in the Notary's custody. The Notary Honorary Council carries out examinations of Notaries regarding criminal allegations related to authentic deeds. It is recommended that Notaries in carrying out their duties act honestly, carefully, independently, impartially, and safeguard the interests of the parties. The guidance and supervision of Notaries by the Notary Honorary Council should be further improved, as an effort to prevent the execution of authentic deeds related to criminal acts.
Analisis Yuridis Tanggung Jawab Notaris Terhadap Tindak Pidana Pemalsuan Akta Otentik (Studi Penelitian di Kota Batam) Erlys Erlys; Fadlan Fadlan; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1174

Abstract

The implementation of the Notary's duties and position is based on the high level of integrity and honesty of the Notary, the results of the work in making deeds and maintaining protocols as authentic evidence regarding the interests of justice seekers, both personal interests and business interests, so that the implementation of the Notary's duties and positions must be supported by moral will. which can be accounted for. The problem of this research: what are the legal regulations regarding the procedures for making authentic deeds by Notaries as Public Officials, the legal relationship between Notaries and Facing Parties in making authentic deeds, as well as the Notary's legal responsibility for authentic deeds in connection with criminal acts of forgery? Notary is a Public Official, authorized to make authentic deeds regarding all acts, agreements and stipulations which are required by a general regulation to be stated in an authentic deed, guarantee certainty of date, keep the deed and provide grosses, copies and quotations throughout the making of such a deed by a general rule is also not assigned or excluded to officials or other people. The presenter comes to the Notary, so that the actions or deeds are formulated into an authentic deed according to the authority of the Notary, and then the Notary makes a deed at the request or desire of the Presenter, in this case providing a basis for the Notary and the Presenter that a legal relationship exists. The legal responsibility of a Notary as a Public Official regarding authentic deeds related to criminal acts of forgery is: A Notary can be said to be free from legal responsibility if the authentic deed he has made and/or executed in front of him has fulfilled the formal requirements. If the Notary is proven to have violated the provisions of the law, namely fulfilling the criminal elements contained in the Criminal Code, then the notary can be held criminally responsible. Notaries in carrying out their duties must be careful, act honestly, impartially, and safeguard the interests of related parties. In making a deed, introduce the person present, based on identity, ask, then listen and pay attention to the wishes of the parties, examine documentary evidence, provide suggestions and create a framework for the deed to fulfill the wishes or desires of the parties, fulfill all administrative techniques for making the deed such as reading, signing, provide copies and filings for minutes, and carry out other obligations related to the duties of the Notary position.
Analisis Yuridis Terhadap Peranan Notaris dalam Pembuatan Perjanjian Perkawinan Untuk Mewujudkan Kepastian Hukum (Studi Kasus Kantor Notaris Hendy Bkry Agustino Kota Tanjung Pinang) Robi Gotama; Soerya Respationo; M. Tartib; Erniyanti Erniyanti; Ramon Nofrial
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1196

Abstract

This thesis aims to conduct a juridical analysis of the role of notaries in the creation of prenuptial agreements with the objective of ensuring legal certainty within the context of marriage law in Indonesia. This research encompasses a comprehensive examination of the legal regulations governing the role of notaries in the creation of prenuptial agreements, the implementation of notarial practices in the prenuptial agreement process, and the identification of factors that may hinder the attainment of legal certainty. Through a normative legal approach, this thesis analyzes various legal provisions, regulations, and notarial guidelines pertaining to prenuptial agreements. Additionally, this research involves interviews with notaries practicing in this field to gain a deeper understanding of the implementation of the notarial role and the challenges faced in ensuring legal certainty. The findings of this research are expected to provide a more profound insight into the role of notaries in prenuptial agreements and their contribution to legal certainty within the context of marriage law in Indonesia. Furthermore, this study may serve as a foundation for improvements or refinements in legal regulations and notarial practices, aimed at enhancing legal certainty for individuals planning to marry or already married in Indonesia. By combining normative and empirical legal approaches, this thesis seeks to provide a comprehensive picture of the role of notaries in creating legal certainty in marriage agreements.
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.