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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Sustainability in Research (IJSR) Jurnal Studi Multidisiplin Ilmu
Parameshwara Parameshwara
Faculty Of Law Universitas Batam
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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Juridical Analysis of the Application of Legal Protection to the Rights of Indonesian Migrant Workers (Research Study at the Batam Migrant Worker Protection Service Post (P4MI) Darwin Simanjuntak; Darwis Anatami; Parameshwara; 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.v1i4.722

Abstract

The purpose of the protection of Indonesian Migrant Workers as stated in Article 3 of Law Number 18 of 2017 concern the Protection of Indonesian Migrant Workers is to ensure the fulfillment and enforcement of Human Rights as Indonesian citizens and migrant workers as well as to ensure legal, economic, and social protection. Indonesian migrant workers and their families. This research uses the library research method or library research.  The data sources used are primary and secondary data from press releases, as well as data from the Batam City Placement and Protection Service Post for Indonesian Migrant Workers (P4MI), then the data were analyzed by descriptive analysis method. Every prospective Indonesia Migrant worker has the same rights and obligations to get a job abroad and choose a job according to his competence, gain access to self-capacity through education and job training, and obtain correct information about the job market, placement procedures, and conditions. Based on the data analysis conducted, it is concluded that the government’s efforts to provide legal protection for Indonesian   Migrant Workers so far can be seen from the form of legislation issued in response to the needs of Indonesian Migrant workers.
JURIDICAL ANALYSIS OF CRIMINAL ASPECTS IN AGREEMENTS FOR THE TRANSPORTATION OF GOODS AND SERVICES USING SEA SHIPS Erdi Steven Manurung; Parameshwara; Soerya Respationo; Erniyanti; Fadlan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1346

Abstract

There are 3 (three) principles of carrier responsibility in transportation law, namely the first is the principle of responsibility based on fault (fault of liability), the second is the principle of responsibility based on presumption of liability, and the third is the principle of absolute responsibility. The carrier's responsibilities in the transportation law mentioned above apply to responsibilities that apply nationally and internationally. For all losses that may occur, the owner of the property that suffers loss can reduce or mitigate the loss, and the loss can even be borne by someone else as long as this is agreed upon in advance. An agreement that occurs between those who own goods because they are worried that they will suffer losses as a result of carrying out transportation due to the threat of danger at sea and those who are willing to bear the loss is called a (marine) insurance agreement. Based on the research results, it was found that Law no. 17 of 2008 concerning Shipping, what is meant by ship's seaworthiness in this Law is the condition of the ship that meets ship safety requirements, prevention of water pollution from ships, manning, loading lines, loading, welfare of the crew and health of passengers, legal status of the ship, management safety and prevention of pollution from ships, and safety management of ships for sailing in certain waters. Provisions regarding criminal acts in the field of shipping, contained in articles 284, up to article 336, Law No. 17 of 2008 concerning Shipping, which are used to facilitate understanding are divided into 2 (two) categories or sections, namely: Based on the Subject of the perpetrator and based on Responsibility criminal.
JURIDICAL ANALYSIS OF LAW ENFORCEMENT OF THE CRIME OF SHIPPING REVIEWED FROM LAW NO 17 OF 2008 CONCERNING SHIPPING FROM A SUPPORTING PERSPECTIVE MARITIME AXIS Daniel Ferdinand Purba; Parameshwara; Erniyanti; Soerya Respationo
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1347

Abstract

In implementing law enforcement at sea, law enforcement activities and maritime security operations are carried out by several institutions including the Water Police, Indonesian Navy (TNI AL), Sea and Coast Guard, Harbor Master, Customs, Immigration. As stated in Law No. 17 of 2008 concerning shipping, which created sea and coast guards, the purpose of which was to enforce regulations in the field of shipping safety and security, and a coordination function in the field of law enforcement outside of shipping safety. The results of the research found that law enforcement in Indonesian maritime areas uses territorial-based jurisprudence. Territorial jurisdiction is also defined as geographical state power which describes the surface of the earth and the space above it as well as the land below which constitutes sovereignty over its territory, including both people and objects within it, for this reason, it is hoped that there will be a need for a regulation/law which comprehensively regulates the integration of various sectoral interests in the sea area so that the obstacles that have occurred so far can be found, both in the scope of planning, utilization, as well as supervision and control for law enforcement at sea. And strengthening enforcement of regulations in the field of shipping crimes cannot yet be implemented in an integrated and well-coordinated manner so that there is no overlapping of law enforcement authority at sea which could reduce Indonesia's image in international relations.
JURIDICAL ANALYSIS OF THE APPLICATION FOR THE ORIGIN OF CHILDREN OUT OF WEDLOCK AGAINST THE CHILD PROTECTION LAW (CASE STUDY AT THE BATAM RELIGIOUS COURT) Erniyanti; Cut Ria Mariana; Parameshwara
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 3 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i3.4054

Abstract

Legal matters concerning the status of children born out of wedlock remain intricate and necessitate specialized treatment within the national legal framework, particularly with the safeguarding of children's civil rights. A legal measure to secure recognition for children born out of wedlock involves applying to the establishment of parentage in the Religious Court. This study seeks to examine the legal foundations and procedures for applications concerning the status of out-of-wedlock children presented to the Batam Religious Court. It aims to assess the implementation and legal ramifications of the court's rulings on the legal status of these children and their implications for the children's civil rights, while also formulating legal solutions to enhance protection for children born outside of wedlock. This study employs normative juridical and empirical juridical methodologies by analyzing laws and regulations, specifically Constitutional Court Decision No. 46/PUU-VIII/2010, alongside five rulings on child origin cases from the Batam Religious Court as primary data sources. The theoretical framework employed includes Justice Theory as the overarching theory, Legal System Theory as the intermediary theory, and Maslahah Mursalah Theory as the practical application theory. The research findings indicate that the Batam Religious Court typically dismisses applications about a child's lineage in the absence of acceptable marital evidence under Islamic law, despite the presence of biological evidence such as DNA test results. Consequently, the child fails to establish a civil relationship with their father and forfeits certain essential legal rights. Consequently, the alignment of Islamic law, national law, and population administration law is essential, along with the formulation of a national Standard Operating Procedure that prioritizes child protection and non-discrimination principles.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS IN IMMIGRATION (A RESEARCH STUDY AT THE CLASS II IMMIGRATION OFFICE OF TANJUNG BALAI KARIMUN) Ramono Winawan; Soerya Respationo; Parameshwara
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.v5i5.4021

Abstract

Border areas such as Tanjung Balai Karimun have a strategic position as entry and exit points for foreign nationals (WNA), thus requiring strict and effective immigration supervision. One form of such supervision is the implementation of immigration administrative measures, as stipulated in Law No. 6 of 2011 concerning Immigration. However, in practice, the implementation of administrative measures such as refusal of entry, deportation, and prevention still faces various obstacles. This study aims to analyze the legislation, implementation, obstacles, and solutions for the implementation of immigration administrative measures at the Tanjung Balai Karimun Class II Immigration Office. This study uses a normative legal approach and an empirical legal approach with a sociological approach (socio-legal approach). Legal materials were obtained through document studies, interviews with immigration officials, and direct observation of the implementation of administrative measures in the field. The results of the study indicate that, from a normative perspective, the laws and regulations governing administrative measures are adequate and comprehensive, supported by implementing regulations such as Government Regulation No. 31 of 2013 as amended by Government Regulation No. 40 of 2023 and Ministerial Regulation No. 2 of 2025. However, from an implementation perspective, its implementation remains ineffective due to limited human resources, inadequate intelligence training, a lack of supporting facilities, weak inter-agency coordination, and low public legal awareness. Therefore, increasing institutional capacity, enhancing cross-sectoral coordination, utilizing intelligence technology, and providing legal education to the public are necessary strategies to systematically improve the effectiveness of immigration administrative actions.
Tindak Pidana Korupsi dalam Konteks Pertanggungjawaban Pidana Korporasi Parameshwara Parameshwara; Khairul Riza
Jurnal Studi Multidisiplin Ilmu Vol 1 No 1 (2023): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v1i1.1973

Abstract

Purpose: This research is aim to know the arrangements of the law of criminal acts corruption is responsible to the matter of criminal corporation and to know the law analysis of the responsibility of criminal corporations in criminal acts corruption. Methodology: This research uses the normative law (normative juridiction) approach by using the laws approach, conceptual approach, dan comparative and empirical approach (field data). Result: The results show that legal arrangements for corruption in the context of criminal corporations responsibility, which is regulated in Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes state that corporations can be punished if they violate the provisions in the Law on the Eradication of Criminal Acts Corruption, and sanctions that can be given include fines and revocation of business licenses. Law analysis of the responsibility of criminal corporations in criminal acts corruption that is the responsibility of criminal corporate in criminal acts corruption can be applied by considering the negative and positive effects from criminalize a company that is involved in criminal acts of corruption. Theoretically, criminalizing a company that is involved can be considered a good act because it gives wary effects on the company and prevents other companies to do so., nevertheless it need to consider the advantages of corporate sustainability for the best benefit for stockholder or stakeholder.
Criminal Liability and Business Judgment Rule in Indonesia’s Sovereign Wealth Fund: The Case of BPI Danantara Parameshwara; Ramlan; Khairul Riza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22124185

Abstract

This article examines the issue of criminal liability of corporate executives within the structure of Indonesia’s Sovereign Wealth Fund, particularly BPI Danantara, in relation to investment losses and anti-corruption enforcement. It highlights how regulatory inconsistencies and institutional overlap complicate legal accountability when public wealth is managed through a private corporate model. The purpose of this article is to critically analyze the legal construction of executive responsibility in BPI Danantara by examining the interplay between the Business Judgment Rule (BJR), the principle of public accountability, and the current limitations of corruption law enforcement in Indonesia. This study employs normative legal research using statutory, conceptual, historical, and case-based approaches. Legal sources include primary laws and constitutional court rulings, supported by secondary materials such as legal journals and authoritative commentaries. Analysis is conducted through juridisch denken (legal reasoning) to assess the consistency of norms. The findings of this study reveal that the current legal framework provides de jure protection to executives under the BJR, but in the absence of oversight and transparency, it may foster legal impunity. The classification of state-invested assets as private capital under BPI Danantara limits the scope of criminal liability, highlighting the urgent need for harmonization between corporate governance standards and anti-corruption legal norms in the context of sovereign wealth fund operations.
Money Laundering Risk in Batam's Special Economic Zone: Industrial Vulnerabilities and Enforcement Gaps Ramlan; Darwis Anatami; Parameshwara; Khairul Riza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22124255

Abstract

Purpose: This study analyzes the forms of money-laundering risk emerging from industrial activity in the Batam Special Economic Zone (SEZ), evaluates the effectiveness of legal enforcement and preventive measures, and identifies the institutional obstacles that constrain risk mitigation in the zone. Methodology: The research applies a normative-empirical (socio-legal) approach combining statutory and case analysis. Primary data were collected through in-depth interviews with law enforcement officials, financial-intelligence analysts from Indonesia's Financial Transaction Reports and Analysis Center (PPATK), industrial actors, and Batam SEZ authorities, supplemented by secondary data from statutes, court records, and institutional risk assessments, and analyzed using a qualitative-descriptive method. Findings: The Batam SEZ is highly vulnerable to money laundering, particularly through fictitious export-import transactions, under-invoicing, abusive transfer pricing, and the use of shell companies. Although a comprehensive regulatory framework and reporting infrastructure exist, enforcement remains weakened by institutional fragmentation, the absence of fully risk-based supervision, and limited corporate compliance with Anti-Money Laundering standards, patterns that recur across documented cases and parallel compliance failures elsewhere in the zone's regulatory architecture. Limitations: The study is constrained by limited access to confidential financial data and by its focus on a single SEZ; broader comparative research across other zones and jurisdictions is needed. Contribution: The study contributes to the discourse on economic-crime prevention by mapping practical vulnerabilities within SEZ industrial sectors and proposing integrated, risk-based enforcement and asset-recovery strategies, including expanded reporting obligations, strengthened Non-Conviction Based Asset Forfeiture, and the prospective use of Deferred Prosecution Agreements.
Co-Authors Cut Ria Mariana Daniel Ferdinand Purba Darwin Simanjuntak Darwis Anatami Darwis Anatami Erdi Steven Manurung Fadlan Fadlan H.M. Soerya Respationo Khairul Riza Khairul Riza Ramlan Ramono Winawan