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LEGAL ANALYSIS OF THE ONLINE VISA SYSTEM FOR FOREIGNERS ENTERING INDONESIA Muhammad Fadhil Thalib; Laily Washliati; 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.v5i5.4015

Abstract

Digital transformation in public services is a strategic step towards achieving effective, efficient, and accountable services. One manifestation of this transformation is the implementation of an online visa system by the Directorate General of Immigration as part of immigration service reform. This research is motivated by the importance of legal certainty and the effectiveness of the online visa system for foreigners wishing to enter Indonesia, considering that this system concerns the legal and administrative rights of foreign citizens, as well as the credibility of Indonesian public services at the global level. This research aims to analyze laws and regulations, assess the effectiveness of the online visa system implementation, and identify obstacles and efforts to overcome them in order to strengthen legal certainty and service efficiency. The method used is a legal research method with a normative and empirical legal approach, using secondary data in the form of laws and regulations, official documents, and primary data in the form of interviews with immigration officials and visa applicants in Batam City. The results show that the legal framework of the online visa system is structured hierarchically, but there are still inconsistencies between the substance of the regulations and their implementation in practice. This system has improved process efficiency, but is not yet fully effective due to technical challenges, disparities in understanding among officials, and low digital literacy among some applicants. Mitigation efforts have been implemented through digital innovation and strengthened regulations, but further integration of the structure, substance, and culture of fairness in the legal system is still needed. The study recommends that the government and relevant agencies improve staff training, simplify technical procedures, expand reach, and ensure equal access for all service users to achieve an effective online visa system based on legal certainty.
LAW ENFORCEMENT ON THE MISUSE OF RESIDENCE PERMITS BY FOREIGN NATIONALS (A RESEARCH STUDY AT THE SPECIAL CLASS I IMMIGRATION OFFICE TPI BATAM) Muhammad Iqbal Saputra; Ramon Nofrial; Bachtiar Simatupang; Erniyanti
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.v5i5.4019

Abstract

The increasing number of Foreign Nationals (WNA) entering Indonesia, especially Batam City, which directly borders Singapore and Malaysia, strategically impacts the dynamics of immigration supervision and law enforcement. One of the prominent issues is the misuse of residence permits, which threatens the country’s legal sovereignty and creates social and security problems. This study aims to analyze the legal regulations, the implementation of law enforcement, and the obstacles and solutions in addressing the misuse of residence permits by foreigners, using a case study at the Class I Special Immigration Office TPI Batam. This study employs normative and empirical juridical methods with statutory, sociological, and conceptual approaches. Primary data were obtained through in-depth interviews with immigration officers, foreign nationals, and the surrounding community, while secondary data were examined from legislation, official documents, and academic literature. The analysis was conducted using the Theory of State Sovereignty (Hans Kelsen) as the grand theory, the Legal System Theory (Lawrence M. Friedman) as the middle theory, and the Law Enforcement Theory (Kelling & Moore) as the applied theory. The research findings indicate that although the legal regulations regarding residence permits have been stipulated in Law Number 6 of 2011, their implementation still faces obstacles such as limited human resources, regulatory loopholes, weak technological systems, and low legal awareness among both officials and foreign nationals. Therefore, institutional reform, capacity building of human resources, drafting of more operational technical regulations, and strengthening community-based supervision are needed. Effective law enforcement requires synergy between legal structure, substance, and a consistently applied legal culture.
JURIDICAL ANALYSIS OF THE EFFECTIVENESS OF THE ONLINE STAY PERMIT SYSTEM FOR FOREIGNERS IN BATAM CITY Nanda Horas Pranata; Fadlan; 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.v5i5.4020

Abstract

Digital transformation in public services is an urgent need in realizing efficient and transparent governance, including in the field of immigration. The Directorate General of Immigration has implemented the Online Residence Permit Service System as part of the reform of residence permit services for foreign nationals. Batam City as a strategic area with high mobility of foreigners becomes an important locus in assessing the effectiveness of the system. This study is motivated by the importance of legal certainty, service efficiency, and protection of legal rights of foreign nationals in the process of applying for a digital residence permit. This study aims to analyze legal arrangements, implementation of online residence permit service system, as well as obstacles and solutions faced in improving the quality of immigration services in Batam City.The methods used are normative juridical and empirical juridical approaches with data collection techniques through document studies (secondary data) and interviews (primary data) with immigration officers, foreign service users, and other related parties.The results show that the online residence permit service system has a strong legal basis, but there are still gaps between regulations and practices in the field. The main obstacles include limited technological infrastructure, low user digital literacy, and suboptimal cross-sectoral coordination. In terms of implementation, this system has improved administrative efficiency, but has not fully guaranteed legal certainty and service satisfaction. It is recommended that the Directorate General of Immigration and Batam Immigration Office strengthen human resource capacity, improve infrastructure, prepare technical operational guidelines, and expand public education to service users. With these steps, the system is expected to run more effectively, adaptively, and in line with the principles of good administrative law.
Peranan Bea dan Cukai dalam Pengawasan Barang Bawaan Penumpang (Non-Personal Use) dari Luar Negeri ke Daerah Free Trade Zone Andre Argadho Tampubolon; Fadlan Fadlan; Christiani Prasetiasari; Ramon Nofrial
Jurnal Studi Multidisiplin Ilmu Vol 1 No 2 (2023): Mei
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v1i2.2522

Abstract

Purpose: The aim of this research is to determine the legal regulations for users of expedition services for goods that cannot be released by customs and excise officers in the Free Trade Zone (FTZ) area and how they are implemented, obstacle factors, and efforts of users of expedition services for goods. Research methodology: The research method for this thesis is normative juridical (legal research) through a literature study with an empirical juridical approach (sociological juridical) through field studies aimed at gaining legal knowledge. Results: The research results show that legal regulations for expedition service users in the case of goods that cannot be released by Customs and Excise officers in the Free Trade Zone (FTZ) area are regulated based on Article 16 of Law Number 17 of 2006 concerning Customs and Article 20, paragraph ( 1) Regulation of the Minister of Finance of the Republic of Indonesia Number:199 /PMK.Ol0/2019 concerning Customs, Excise, and Tax Provisions for the Import of Shipped Goods, which regulates actions to detain shipped goods that do not pay the customs tariff and value as determined. Implementation of expedition service users for goods that cannot be released by Customs and Excise officers in the Free Trade Zone (FTZ) area, as observed at PT. Batam Branch Logistics Trade Ambassador, demonstrated the complexity involving laws, procedures and economic challenges Limitation: This study highlights the legal regulations and implementation process for expedition service users in the Free Trade Zone (FTZ) area with regard to goods that cannot be released by customs and excise officers. Contribution: Overall, this research makes a significant contribution to the understanding of the legal framework and practical issues surrounding the use of expedition services in the FTZ area.
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 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

Abstract

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.
Aspek Yuridis dalam Pertanggungjawaban Hukum Profesi Dokter pada Perspektif Pelayanan Informed Consent Untuk Mewujudkan Perlindungan Hukum Dwi Sandry Resky Dzulhizza; Darwis Anatami; Ramon Nofrial
Jurnal Kajian Ilmiah Vol. 23 No. 1 (2023): January 2023
Publisher : Lembaga Penelitian, Pengabdian Kepada Masyarakat dan Publikasi (LPPMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/ns23rd60

Abstract

The purpose of this study is to determine the regulation of obligations, the implementation of doctors, as well as to find out the constraints and solutions to the implementation of doctors' obligations to informed consent in medical practice to realize legal protection for patients. This research is normative juridical and supported by sociological / empirical research This research is normative and empirical juridical. Normative juridical research refers to laws and regulations, while empirical research is obtained in the field. The results of the study that the regulation regarding the approval of medical actions originated from the relationship between doctors and patients. The implementation of doctors' obligations to informed consent at Dentic Clinic is known that the provision of information in the form of informed consent began to be pursued earlier, but these efforts have not been carried out optimally. This is influenced by the large number of patients so that it is felt that it is necessary to take action quickly and it is considered that the patient has understood what is conveyed by the doctor, the information submitted by the health worker is not understood by the patient, the provision of information to ask for a signature on the consent sheet is sometimes done by the nurse even though it is the authority of the doctor, the patient is often not given the opportunity to re-read the form given, so that patients feel that they have never been given information before medical treatment, as well as inadequate Human Resources.
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): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | 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): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | 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 Pemenuhan Hak Hak Narapidana Dan Tahanan Kelompok Rentan Pada Lembaga Pemasyarakatan Perempuan Kelas IIB Batam Tony Budianto Sianturi; Fadlan; Ramon Nofrial
Indonesian Journal of Law Vol. 1 No. 10 (2024): INLAW - Oktober 2024
Publisher : PT. INOVASI TEKNOLOGI KOMPUTER

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Dalam penelitian menggunakan landasan teori berupa pendapat atau tulisan para ahli. Untuk grand theory menggunakan teori perlindungan hukum, middle theory menggunakan teori sistem hukum serta applied theory menggunakan teori kebijakan kriminal. Hasil penelitian menunjukkan pengaturan hukum tentang pemenuhan hak-hak narapidana dan tahanan kelompok rentan telah diatur dalam Undang Undang dan Peraturan Menteri sebagai dasar dalam pemberian hak narapidana dan tahanan kelompok rentan di Lembaga Pemasyarakatan Perempuan Kelas IIB Batam. Implementasi dalam pemenuhan hak hak tahanan dan narapidana kelompok rentan belum terpenuhi sepenuhnya di karenakan berbagai kendala yang ada. Faktor yang menghambat pemenuhan hak hak tahanan dan narapidana kelompok rentan antara lain kelebihan kapasitas hunian narapidana dan tahanan, keterbatasan anggaran, tidak adanya dokter, sarana dan pra sarana kesehatan yang masih minim. Upaya yang dilakukan untuk pemenuhan hak hak narapidana dan tahanan kelompok rentan dilakukan dengan mengusulkan penerimaan pegawai negeri baru untuk tenaga dokter selain dari itu juga menjalin kerjasama dengan Puskesmas Baloi untuk dilakukan visit dokter untuk memenuhi hak kesehatan narapidana dan tahanan kelompok rentan. Upaya lain yang dilakukan dengan mengajukan renovasi gedung dan bangunan Lembaga Pemasyarakatan Perempuan Kelas IIB Batam ke Kementerian Hukum dan HAM agar bisa menyediakan ruangan khsusus bagi narapidana dan tahanan kelompok rentan terpisah dari tahanan dan narapidana lainnya, serta mengajukan revisi anggaran semaksimal mungkin untuk memenuhi kebutuhan narapidana dan tahanan kelompok rentan