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All Journal Ensiklopedia of Journal Unes Law Review Jurnal Jatiswara Community Engagement and Emergence Journal (CEEJ) International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Social Research Literacy : International Scientific Journals of Social, Education, Humanities Innovative: Journal Of Social Science Research International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities International Journal of Sustainability in Research (IJSR) Green Social: International Journal of Law and Civil Affairs

Fadlan Fadlan

Batam University

Author-ID : 5660810

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 Physics Public Health Social Sciences Other

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Perlindungan Hukum Rekruitmen Pekerja Alih Daya Guna Meneguhkan Kepastian Hukum Ryan Istiyanto; Idham Idham; Fadlan Fadlan
Jatiswara Vol 36 No 3 (2021): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jatiswara.v36i3.355

Perlindungan adalah suatu cara atau proses atau perbuatan untuk melindungi. Perlindungan memiliki makna adalah hak yang didapatkan oleh setiap orang dalam wilayah suatu negara yaitu berupa hak untuk mendapatkan atau memperoleh keamanan dan kenyamanan, sehingga masyarakat merasa tenang dan damai. Perlindungan hukum tenaga kerja alih daya dalam kesejahteraan pekerja bidang tenaga pengamanan.Hal ini menarik penulis untuk meneliti bagaimana pengaturan hukum tentang perlindungan kesejahteraan tenaga kerja alih daya di bidang jasa pengamanan di PT. Putra Tidar Perkasa dan bagaimana implementasi faktor, kendala, dan solusi perlindungan kesejahteraan tenaga kerja alih daya di bidang jasa pengamanan di PT. Putra Tidar Perkasa. Metode yang digunakan dalam penelitian ini adalah normatif empiris, dengan jenis penelitian deskriptif, dimana dalam penelitian ini akan diuraikan bagaimana tentang perlindungan kesejahteraan tenaga kerja alih daya di bidang jasa pengamanan di PT. Putra Tidar Perkasa yang diatur dalam Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan. Ditambah lagi dengan telah disahkannya Undang Undang Omnimbus Law yakni Undang Undang Nomor 11 Tahun 2020 dengan beberapa peraturan pelaksananya mulai dari Peraturan Pemerintah Nomor 35, 36 dan 37 yang mengatur tentang perlindungan terhadap hak pekerja. Sumber data dalam penelitian ini menggunakan penelitian kepustakaan, lapangan dan metode wawancara, serta data sekunder dan data primer. Analisis data menggunakan analisis kualitatif.Undang-Undang atau aturan telah ditetapkan oleh Pemerintah namun dalam pelaksanaannya masih terdapat banyak kendala yang mempengaruhi pemenuhan atas perlindungan kesejahteraan. Terlebih sesuai dengan BAB X yang membahas tentang perlindungan, pengupahan dan kesejahteran. Terutama pada Pasal 88 tentang pengupahan dan Pasal 99 tentang jaminan sosial tenaga kerja. Hasil penelitian menunjukkan bahwa, PT. Putra Tidar Perkasa telah melaksanakan aturan perundangan pada Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan termasuk Undang Undang Omnimbus Law serta peraturan pelaksanaannya terkait dengan ketenaga kerjaan telah di implementasikan dengan cukup patuh meskipun terdapat kendala dengan pengawasan dari instansi terkait dalam hal ini Dinas Tenaga Kerja Kota Batam. Karena itu penulis menyarankan agar lebih meningkatkan sistem pengawasan dalam pemenuhan perlindungan kesejahteraan ini.

ANALISIS YURIDIS TINDAK PIDANA PERDAGANGAN ORANG DALAM ERA TRANSFORMASI TEKNOLOGI INFORMASI DAN KOMUNIKASI UNTUK MEWUJUDKAN PERLINDUNGAN HUKUM (STUDI KASUS DIREKTORAT RESERSE KRIMINAL UMUM KEPOLISIAN DAERAH KEPULAUAN RIAU) Ayuniawati Ayuniawati; Fadlan Fadlan; 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

The problem of trafficking in persons has recently emerged as a much debated issue both at the regional and global levels and is caused by a form of slavery. The author is interested in choosing this title topic because this problem occurs a lot at this time, this has a big impact if left unchecked. This study aims to (1) find out the legal arrangements for the criminal act of trafficking in warlocks in the Riau Archipelago Province. (2) To find out what are the obstacle factors and solutions in the implementation at the time of the investigation regarding the criminal case of trafficking in persons in the Riau Islands Province. This study uses a normative legal method that aims to find a truth. This research was conducted at the Directorate General of Criminal Investigation of the Riau Islands Regional Police with sample data provided by the Riau Islands Police regarding the investigation of criminal acts of trafficking in persons. The results of this study are (1) Against the suspect Sdra AKUI als AWI, the elements of the alleged article have been fulfilled including recruiting, sending, receiving, fraud, sheltering, debt bondage, receiving benefits, and abusing vulnerable positions with the aim of sexually exploiting victims. and economics and intentionally making as a livelihood or as a habit of doing or facilitating acts of violating decency by other people to third persons and committing, ordering to do and participating in committing such criminal acts as regulated in the formulation of Article 2 of the Law of the Republic of Indonesia Number 21 of 2007 concerning Trafficking in Persons and Article 296 in conjunction with Article 55 paragraph (1) to (1) of the Criminal Code. (2) Economic factors/poverty, education factors, environmental factors, and other factors are factors that cause trafficking in persons. With this case, it is better to form a task force that involves many members with sub-groups and involves the community. Keywords: Trafficking in Persons, Legal Protection, Crime, ICT.

ANALISIS YURIDIS MEKANISME PENANGANAN TERHADAP KORBAN TINDAK PIDANA PERDAGANGAN ORANG UNTUK MEWUJUDKAN PERLINDUNGAN HAK ASASI MANUSIA (STUDI PENELITIAN DIREKTORAT RESERSE KRIMINAL UMUM KEPOLISIAN DAERAH KEPULAUAN RIAU) Tri Yani Joy Duha; Fadlan Fadlan; 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

In this era, in the era of globalization, we increasingly find crimes that are increasing in the community, one of which is the crime of trafficking in persons.. Trafficking in persons has been agreed upon by the international community as a violation of human rights. The Indonesian government has shown its intention to eradicate these crimes despite the fact that there is the involvement of perpetrators who are mutually organized networks in broad syndicates and even abroad. This study aims to determine the legal arrangements for the way law enforcement treats victims of trafficking crimes and to determine the implementation, constraints and solutions of law enforcement in dealing with trafficking cases at the Directorate of General Criminal Investigation of the Kepri Regional Police. This type of research uses an empirical / sociological type of research using the normative juridical approach method, namely in the form of an analysis of legal arrangements that regulate things that occur problems to obtain secondary data and a sociological juridical approach to obtain primary data through field research. Obstacle factors include services in the context of recovering/rehabilitating victims in health and social aspects and victim repatriation services to the area of origin or proper shelter according to the needs of the victim. The study concluded that: The legal regulation of the Trafficking in Persons Act is considered to be incomplete and universal, the handling of victims of the Trafficking in Persons Act is not only the responsibility of the Police, but is the responsibility of the Government, Community Institutions.It is recommended that the prevention and handling of trafficking crimes must be carried out optimally and integratedly by cooperating with the community and Governments and community institutions in the fight against trafficking in persons.Keywords: Human Trafficking, Human Rights, Investigations

ANALISIS YURIDIS PEMIDANAAN ATAS PELAKU PENADAH BARANG HASIL PENCURIAN SEPEDA MOTOR UNTUK MEWUJUDKAN KETERTIBAN HUKUM Rizky Pratama; Fadlan Fadlan; Christiani Prasetiasari
Ensiklopedia of Journal Vol 5, No 3 (2022): Volume 5 No. 1 Edisi 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

In writing this thesis entitled Juridical analysis of the punishment of the perpetrators of collecting goods resulting from theft of motorbikes to realize legal order, the research study of the Barelang Police of Batam City, there is a problem formulation that includes the legal arrangement of punishment for the perpetrators of collecting goods resulting from theft of motorcycles to realize legal order and the second concerning the implementation, constraint factors and solutions. data collection was carried out through interviews with parties related to the research topic. In addition, the author also conducts library research through books related to the research topic. Furthermore, the data obtained were analyzed qualitatively which was then presented descriptively. The results of research and discussion in the implementation of punishment for perpetrators of collecting goods from motorbike theft to realize legal order show the results of this study in the form of the application of the criminal act of confiscation contained in Article 480 of the Criminal Code paragraph (1), especially in the Barelang Police Station area, which is very good and based on regulations invite. As for the problems discussed in this thesis, namely the process of criminalizing the perpetrators of collecting goods resulting from theft of motorbikes to create legal order and discussing the factors of obstacles and solutions faced by investigators in carrying out convictions for perpetrators of criminal acts of detention. From this research, it shows that the perpetrator is not the main actor but participates in a criminal act, namely detention in this case the prosecutor always asks that there must be a suspect or main actor of a criminal act of theft first, if not side by side it will be returned.Keywords: Theft, Crime, Detention

JURIDICAL ANALYSIS OF THE EFFECTIVENESS OF ONLINE SINGLE SUBMISSION (OSS) IMPLEMENTATION RELATED TO LICENSE FOR ENVIRONMENTAL PROTECTION AND MANAGEMENT IN BATAM CITY (RESEARCH STUDY IN BATAM CITY INVESTMENT SERVICE INTEGRATED SERVICES (PTSP) Titising Indah Wijayanti; Fadlan Fadlan; Laily Washliaty; Lagat Siadari Parohha
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 1 (2023): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i1.480

The construction of the journal topic above is: "Juridical Analysis of the Effectiveness of Online Single Submission (OSS) Implementation Related to Licensing for Environmental Protection and Management in the City of Batam", with the formulation of the problem: How to Regulate Law, Implementation, Constraint Factors and Solutions to Juridical Effectiveness of Online Single Implementation Submission (OSS) Related to Licensing for Environmental Protection and Management in the City of Batam?. The type of writing is normative law, using a legal research methodology, on the support of secondary data, and using a qualitative approach, and to obtain secondary data, obtained through library research. research). For grand theory using the theory of legal objectives by Gustav Radbruch of law, middle theory using the legal theory of substance of law by M. friedman and applied theory using the theory of the law of happiness (utilitarianism) by Jeremy Bentham. The results of the analysis concluded that the Effectiveness of the Implementation of Online Single Submission (OSS) aims to facilitate investment as a framework for accelerating and increasing investment and business, by applying business permits with integrity electronically.

JURIDICAL ANALYSIS OF THE INVESTIGATOR'S AUTHORITY IN THE DETENTION OF CRIMINAL SUSPECTS TO REALIZE LEGAL CERTAINTY Fitra Azli; Dahlan Dahlan; Ramlan Ramlan; Erniyanti Erniyanti; Fadlan Fadlan
Journal of Social Research Vol. 1 No. 12 (2022): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v1i12.376

Background: Indonesia is a country of law and is not based on mere power, all state power is governed by law. Criminal law is the rule of conducting a public order by prohibiting what is contrary to the law and giving a message to those who violate the prohibition. To enforce material criminal law requires formal law (criminal procedural law). The handling of criminal cases in principle comes from investigation, investigation, prosecution, and ends with a judge's ruling. At the investigation stage, the investigator is authorized to detain suspects whose implementation is regulated in the Criminal Procedure Code to realize legal certainty Objective: The purpose of this study is to juridically analyze the authority of investigators in the detention of criminal suspects to realize legal certainty. Methods: The author uses normative and empirical legal research methods. Normative legal research by conducting studies through literature studies and secondary data. Empirical research using primary data, namely data obtained from the results of direct research conducted through interviews. Results: The results of the research on the authority of the investigator in detaining suspects of criminal acts regulated by article 20 paragraph (1) of the Criminal Procedure Code. Influencing factors include fearing that the suspect will flee, tamper with/remove evidence and/or repeat criminal acts. Other considerations of the suspect are the target of the operation, the suspect where he lives is far away is unclear, the suspect committed a criminal act that is the attention of the leadership, the case that occurred has been reported by the mass media and has received widespread attention from the public. The legal consequence faced by investigators in exercising the authority to detain suspects is a pretrial lawsuit. Conslusion: The legal consequence of the actions of the Police investigator in exercising his authority over the detention of suspects, that in carrying out detention, they must still pay attention to the rights of suspects, and suspects can apply for pretrial

RESPONSIBILITY AND LEGAL AWARENESS OF SEA TRANSPORT SERVICE PROVIDERS TO PREVENT POLLUTION OF THE MARINE ENVIRONMENT IN THE MALAKA STRAIT AREA Fadlan Fadlan
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 1 (2023): April : 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.v2i1.579

Based on the problems above, the prevention principle was first introduced at the United Conference on Environment and Development (UNCED) in Rio de Janeiro in 1992, better known as the Rio Declaration 1992. This principle states that to protect the environment, every country should be able to apply an approach to prevention by their respective abilities. UNCLOS 1982, as a law of the sea convention that has been widely accepted by countries around the world, also regulates explicitly the protection of the marine environment. In Chapter XII on protecting and preserving the Marine Environment, article 192 states that States are obliged to protect and preserve the marine environment. This also applies to the Strait area, one of a country's sea areas. Pollution of the marine environment is a change in the marine environment that occurs as a result of the direct or indirect introduction by humans of materials or energy into the marine environment (including river mouths), which results in such harmful consequences that it constitutes a loss to biological wealth, a hazard to human health. , disturbance to activities at sea, including fishing and others, reasonable use of the sea, deterioration of seawater quality, and reduction of places of residence and recreation. One of the problems in this research is how the principles contained in the laws and regulations are a basis for preventing pollution of the marine environment in the Malacca Strait. The research method used in this study is a normative juridical method considering that the starting point of this research is an analysis of laws and regulations governing marine environmental pollution.

Juridical Analysis Of The Drafting and Formulation Of Regulations Villages in Realizing Management Principles Of Regional Empowerment and Area Development (Research Study In Bintan District) Nina Firda Amalia; Fadlan Fadlan; Darwis Anatami; Erniyanti Erniyanti; Soeryo Respationo
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 4 (2023): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i4.417

The preparation and formulation of Village Regulations in Realizing the Management Principles of Regional Empowerment and Regional Development must go through the stages of the process of drafting and formulating draft village regulations with the aim of ensuring that the village regulations do not conflict with the public interest and/or higher statutory regulations. However, the Village Government in Bintan Regency has not implemented the stages of the process of drafting and formulating village regulations which have not been maximized, resulting in village regulations that are not in accordance with the systematicity of statutory regulations and it is feared that village regulations will conflict with the public interest and/or statutory regulations. higher invitation. The problems in this research are: How are the Legal Arrangements in the Preparation and Formulation of Village Regulations in Realizing the Principles of Management of Regional Empowerment and Regional Development, How are the Implementation of the Drafting and Formulation of Village Regulations in Realizing the Principles of Management of Regional Empowerment and Regional Development, what factors are obstacles/constraints and solutions in the Preparation and Formulation of Village Regulations in Realizing the Management Principles of Regional Empowerment and Regional Development. Based on these problems, this research uses normative and empirical legal research methods. The research results show that this arrangement does not contain definite elements of an evaluation and clarification team, and has not been running optimally in practice, there are obstacles in the field. The implementation of the stages of drafting and formulating Village Regulations has not been carried out and well coordinated so that the results of village regulations have not been optimal. The obstacles faced are the lack of knowledge, understanding and experience of village officials' human resources regarding the preparation of village regulations, the geographical location between villages and sub-districts and districts, not all of which can be reached by land and not all of them require quite a short time, coordination is not optimal. As for suggestions from the research results on the need for statutory regulations that contain an attachment to the technical format for drafting village regulations, the Regional Government of Bintan Regency can carry out outreach to all village governments regarding the preparation and formulation of village regulations, and strengthen human resource capacity.

Juridical Analysis Of Suspect Determination Procedures Police Investigators Against Criminal Offenders (Research Study In Barelang Police) Oyong Wahyudi; Fadlan Fadlan; Dahlan Dahlan; Erniyanti Erniyanti; Soeryo Respatino
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 4 (2023): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i4.418

The determination of a suspect must be in accordance with applicable legal provisions based on 2 (two) valid pieces of evidence, namely witness statements obtained by the investigator, expert statements obtained by the investigator, letters, and instructions for each piece of evidence obtained by the investigator through an in-depth examination. The investigator's coercive actions must be carried out responsibly according to the law and legal provisions so that arbitrary actions do not occur against the suspect's freedom, independence, and human rights. The problem in this research is the law, implementation, and what factors become obstacles and obstacles in the process of determining suspects for perpetrators of criminal acts. This research uses a descriptive analysis method using a normative approach (legal research) and is supported by empirical research. This was carried out to obtain primary data obtained through interviews through field research. The results of this study explain that the Criminal Procedure Code (KUHAP) has clearly and firmly regulated matters relating to the rights of suspects. The rights of suspects regulated in the Criminal Procedure Code are Priority Rights for Case Settlement, this has been emphasized in Article 50 of the Criminal Procedure Code (KUHAP) which reads: a) A suspect has the right to immediately be examined by investigators, then can be submitted to the Public Prosecutor. b) The suspect has the right to immediately bring his case to court by the public prosecutor. c) The accused has the right to be tried immediately by the Court., The right to prepare a defense, the right to get an interpreter, and the right to choose their own legal adviser The purpose of this right is to get legal counsel in accordance with the provisions of Article 54 of the Criminal Procedure Code for suspects. For this reason, it is expected that in determining the suspect to have qualified investigators they pay attention to the following matters: Have general knowledge, Knowledge is quite broad, where Investigating Officers are required to have knowledge that is quite extensive, Confident in themselves. Investigating Officers must have high self-confidence, have character, be professional, understand psychology practically, be brave, honest, talented actor, wise, alert, and experienced. Courage, honesty, wisdom, and vigilance are needed in the examination process by an investigating officer. Experience Investigating officers must be experienced in order to master psychology/psychology and be able to act in acting is also very important to have.

Juridical Analysis Of Technology-Based Services To Support Increased Investment In The Free Trade Area And Free Port Of Batam (Research Study At The Batam Concession Agency) Jerry Satriawan; Fadlan Fadlan; Lagat Parroha Patar Siadari; Erniyanti Erniyanti; Soerya Respationo
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 4 (2023): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i4.419

Technological developments to date have had a rapid impact on all aspects of life, including economic aspects and aspects of government administration; many things have arisen and have had positive impacts, such as ease of access to information and simplification of services by the government. So that technology-based services can be prepared and implemented based on a policy that cannot be separated from the legal theory that binds it. In order to support ease of investment services, the Government has initiated an Online Single Submission (OSS) system since October 2017 as an implementation of Presidential Regulation Number 91 of 2017 concerning the Acceleration of Business Implementation and has conducted concept trials in three locations, namely: Purwakarta, Batam, and Palu. The design of this Information Technology-based system is basically by interconnecting and integrating the existing licensing service system at BKPM/Central PTSP (SPIPISE), a regional PTSP that uses the Ministry of Communication and Information's SiCantik system. In practice, the licensing implemented uses a one-door system, which makes it quicker for investors to process port permits. In this case, BP Batam provides services in the form of Indonesia Batam Online Single Submission or IBOSS. Licensing that previously used manual or conventional methods has switched to an electronic system connected directly to the national system. Port permits are now also handled directly by the BP Batam One-Stop Integrated Services (PTSP) Directorate, which impacts the speedy completion of port permit processing. However, in implementing technology-based services, it is essential to pay attention to regulatory or legal aspects so that implementation remains safe and does not cause material or non-material losses. To safeguard data, the application guarantees that the data recorded by Business Actors is only for Business Licensing services. However, even though there are guarantees or clauses, comprehensive research must still be carried out regarding technology-based services in order to support increased investment, considering that data security is an essential thing in running services.

Co-Authors Agus Siagian Andri Gotama Angelina E. Rumengan Arrofik Arrofik Ayuniawati Ayuniawati Christiani Prasetiasari Christiani Prasetyasari Dahlan Dahlan Dahlan Dahlan Darwis Anatami Erdi Steven Manurung Erlys Erlys Erniyanti Erniyanti Etty Sri Wahyuni Faozatulo Sadawa Fernando Chandra Fitra Azli Henry Aspan Idham Idham Ika Indriyani Jerry Satriawan Juhrin Pasaribu Jurhan Panangian Siallagan Lagat Parroha Patar Siadari Lagat Parroha Patar Siadari Lagat Parroha Patar Siadari Lagat Siadari Parohha Laily Washliaty Nina Firda Amalia Oyong Wahyudi Parameshwara Prameswari Annisa Putri Putra, Randi Rian Ramadhan, Faris Ramlan Ramlan Ramon Nofrial Ricky Rahmawan Rizky Pratama Roni Syaputra Rosilia Eka Fitriana Ryan Istiyanto Siska Septiria Nosari Soerya Respationo Soerya Respationo Soerya Respationo Soerya Respationo Soerya Respationo Soerya Respationo Soeryo Respatino Soeryo Respationo Sri Wahyuni Syafrudin Semidang Sakti Titising Indah Wijayanti Tivonli Kirtan Tri Yani Joy Duha

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