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ANALISIS YURIDIS PENYELESAIAN SENGKETA PEMBAGIAN HARTA BERSAMA/GONO-GINI UNTUK MEWUJUDKAN KEPASTIAN HUKUM (STUDI PENELITIAN PADA KANTOR PENGADILAN AGAMA BATAM) Rahman Wahid Rambe; Laily Washliati; Lia Fadjriani
Ensiklopedia of Journal Vol 5, No 3 (2022): Volume 5 No. 1 Edisi 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Basically every implementation of a divorce will certainly cause a legal consequence between every couple who ends their marital relationship, one of the legal consequences is regarding the joint property produced in their marriage. So this becomes a very important urgency if a marriage ends in a divorce. Cases related to divorce and disputes regarding the distribution of joint property for those who are Muslims occur throughout the Batam City area where the dispute is resolved in the Religious Courts that are adjusted to their authority. The research problem is, How is the Dispute Settlement of the Distribution of Joint Assets / Gono-gini in the Batam Religious Court. This study uses a descriptive method by using a normative approach (Legal Research) to obtain secondary data and an empirical approach (Sociological Juridical) to obtain primary data and through a field approach (Field Research). In Islamic law, joint property is also known as syirkah. Syirkah is a mixture, in this case, it is a mixture of assets obtained by husband and wife during the marriage. Assets that are united due to syirkah during marriage become joint property. In the event of a divorce, the syirkah assets are divided between husband and wife according to the consideration of the extent of their efforts in obtaining the property. Article 97 of the Compilation of Islamic Law states that divorced widows or widowers are each entitled to one-half of the joint property as long as it is not specified otherwise in the marriage agreement. In the decision number 1438/Pdt.G/2020/PA.Btm. The Panel of Judges has decided that the distribution deviates from the applicable provisions with a percentage for the husband . and wife for the joint property. The results of this study are that the basic considerations used by the Panel of Judges in making this decision have been thinking more forward on progressive legal values, so that in deciding this case the Panel of Judges has overridden the applicable provisions and according to the view of Islamic law that these considerations are in accordance with justice. in Islam, namely based on balance, equality and non-discrimination, granting rights to the entitled and the delegation of existence based on the level of eligibility. Keywords: Settlement, Dispute, Sharing of Shared Assets, Gono-gini, Legal Certainty

ANALISIS YURIDIS ATAS TINDAK PIDANA OLEH PEDOFILIA TERHADAP ANAK DI BAWAH UMUR UNTUK MEWUJUDKAN PERLINDUNGAN KONSTITUSIONAL ANAK Rinaldo Saleleubaja; Laily Washliati; Juhrin Pasaribu
Ensiklopedia of Journal Vol 5, No 3 (2022): Volume 5 No. 1 Edisi 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Juridical analysis of criminal acts by pedophiles against minors to realize the constitutional protection of children there is a formulation of the problem which includes legal arrangements regarding criminal acts by pedophiles against minors to realize the constitutional protection of children and secondly concerning the implementation, obstacle factors and solutions to criminal acts by pedophiles against minors to realize the constitutional protection of children. The type of research used is normative and supported by empirical research as well as data collection techniques conducted through interviews with parties related to the research topic. In addition, the author also conducts library research through books and literature related to the research topic. Furthermore, the data obtained were analyzed qualitatively which was then presented descriptively. Based on the results of research and discussion in the implementation of criminal acts by pedophiles against minors to realize the constitutional protection of children, the results of this study are in the form of laws and regulations that are used to protect victims of pedophilia crimes based on the Criminal Code and Law Number 35 of 2014 concerning amendments to Law Number. 23 of 2002 concerning child protection. The problems discussed in this thesis are the process of criminal acts by pedophiles against minors to realize the constitutional protection of children as well as discussing the obstacles and solutions faced by investigators in committing pedophilic crimes against minors. This research shows that the main actors are adults and also the closest people. The obstacle in the criminal act of pedophilia is the lack of information from the victim, as for the solutions to overcome the problem of special attention from parents, the community, and law enforcement. Keywords: Law Enforcement, Crime, Pedophilia

ANALISIS YURIDIS AKIBAT HUKUM ATAS PERKAWINAN CAMPURAN BEDA NEGARA YANG TIDAK DIDAFTARKAN DI KANTOR CATATAN SIPIL NEGARA REPUBLIK INDONESIA (STUDI PENELITIAN DI KANTOR CATATAN SIPIL PEMERINTAH KOTA BATAM) Laily Washliati; Titik Aminah; Agus Triyana
Ensiklopedia of Journal Vol 5, No 2 (2023): Volume 5 No. 2 Edisi 1 Januari 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage states that: A marriage which is carried out outside Indonesia with two Indonesian citizens or an Indonesian citizen with a foreign national is legal if it is carried out according to the laws in force in the country. the country where the marriage was held for Indonesian citizens. However, in reality many mixed marriage couples from different countries do not register their marriages with the Civil Registry Office. The purpose of writing this journal is to find out the legal arrangements for mixed marriages of different countries that are not registered at the Civil Registry Office, and to find out the legal consequences, obstacles and efforts to implement mixed marriages of different countries that are not registered with the Civil Registry Office. The results of the study indicate that legal arrangements for mixed marriages of different countries that are not registered at the Civil Registry Office, namely mixed marriages have an obligation to register them at the Civil Registry Office to become the strongest evidence in determining a person's legal position and maintaining the rights of husband and wife in a marriage. marital bond. This obligation is shown from the existence of criminal sanctions regulated in Article 61 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The legal consequences of implementing mixed marriages in different countries that are not registered with the Civil Registry Office are legal consequences for the parties to mixed marriages, and legal consequences for children born from mixed marriages. Factors constraining the implementation of mixed marriages in different countries that are not registered are the difficulty in managing the legality in the implementation of mixed marriages, and the low legal awareness of the community towards the requirements that must be met in the implementation of mixed marriages in different countries. And efforts that can be made to overcome these obstacles are the need for legal assistance for mixed marriage couples, and the need to increase legal socialization for mixed marriages.

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

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.

LEGAL ANALYSIS OF THE IMPLEMENTATION OF ELECTRONIC CERTIFICATES IN LAND ADMINISTRATION TO SUPPORT SMART LAND GOVERNANCE (RESEARCH STUDY AT THE TANJUNGPINANG CITY LAND OFFICE) Sella Natasha; Laily Washliati; Maniah
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.v5i5.4089

The digitization of land administration through the implementation of electronic certificates is part of the government's efforts to realize smart land governance in Indonesia. The city of Tanjungpinang was chosen as the location for this study because it is one of the regions that has implemented the electronic certificate program in accordance with Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities. However, implementation in the field still faces a number of obstacles, both in terms of regulations, technicalities, and the readiness of human resources and service users. This study aims to analyze: (1) legal regulations regarding electronic certificates in land administration in Tanjungpinang City, (2) the implementation of electronic certificates in land administration practices, and (3) the contribution of the application of electronic certificates to increasing transparency, efficiency, and accountability of land governance based on smart land governance. The research method used is a descriptive qualitative approach with data collection techniques through literature study, in-depth interviews, observation, and documentation. The research subjects include officials and employees of the Tanjungpinang City Land Office, notary staff, and users of electronic land services. The analysis was conducted by comparing the regulatory framework with the reality of implementation in the field. The results show that although the legal basis for the implementation of electronic certificates is clear, its implementation still faces significant challenges, including limited technological infrastructure, low digital literacy among the public, lack of inter-agency integration, and dualism between manual and electronic procedures. Nevertheless, electronic certificates are considered to have great potential in improving the transparency, efficiency, and accountability of land governance. In order to achieve the goal of smart land governance, it is necessary to strengthen operational regulations, increase human resource capacity, develop equitable digital infrastructure, and conduct intensive public outreach.

JURIDICAL ANALYSIS OF THE NAME TRANSFER PROCESS OF LAND RIGHTS AS MARITAL COMMUNITY PROPERTY (A Case Study at the Office of Notary & Land Deed Official YONDRI DARTO, S.H. in Batam) Nadia Defani; Laily Washliati; Agus Siswanto Siagian
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.v5i5.4093

The process of transferring land rights as part of marital property after divorce is an important aspect in providing legal certainty for the entitled parties. Within the national legal framework, joint property is explicitly regulated in Article 35 paragraph (1) of the UUP, and to implement the transfer of rights, an authentic deed in the form of a Deed of Separation and Division of Joint Property is required, drawn up by a notary in accordance with the authority based on Article 15 paragraph (1) of the Notary Law. This deed then becomes the basis for the PPAT to issue an APHB for the purpose of transferring ownership at the Land Office. This study aims to analyze the process of transferring land rights to joint property through a research study at the Notary and PPAT Yondri Darto, S.H., in Batam. This study analyzes the legal regulations, their implementation, as well as the obstacles and solutions. This study uses a descriptive method with a normative approach (legal research) to obtain secondary data and an empirical approach (sociological jurisprudence) to obtain primary data through field research. Based on the results of the study, it can be concluded that the mechanism of transfer of ownership through the Deed of Separation and Division of Joint Property and APHB is a legal and efficient solution, as long as the procedures and documents are fulfilled in accordance with legal provisions. Obstacles that often arise include a lack of understanding by the parties and administrative obstacles. Therefore, the parties are advised to immediately take legal steps after divorce, while Notaries and PPATs ensure procedural compliance with the support of legal education, administration, and technology-based service systems.

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