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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 International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities International Journal of Sustainability in Research (IJSR) PEDAMAS (Pengabdian Kepada Masyarakat) Journal of Innovative and Creativity Jurnal Penelitian Pendidikan Indonesia Journal of International Islamic Law, Human Right and Public Policy Dynamics of Politics and Democracy Jurnal Ilmiah Pertanian dan Peternakan Annals of Justice and Humanity Jurnal Studi Multidisiplin Ilmu
Fadlan Fadlan
Department Of Law, Faculty Of Law, Batam University, Indonesia.
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 Mathematics Physics Public Health Social Sciences Other

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Analisis Yuridis Pencantuman Klausul Force Majeure dalam Perjanjian Sewa Menyewa dan Pengelolaan Hak Milik Atas Satuan Rumah Susun Untuk Meneguhkan Kepastian Hukum (Studi Penelitian Di Kota Batam) Tivonli Kirtan; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan
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.v6i1.1154

Abstract

A rental agreement is a mutual agreement that creates rights and responsibilities fot the parties involved in the agreement. Rental activities for apartment units in Batam City are often conducted verbally or through informal written agreement and ingnoring the inclusion of force majeure clauses so that there is no legal certainty for the parties. The research method used in this study is a combination of normative research and empirical research, which involves primary data through interviews and then correlating it with secondary data, such as statutory regulations and theories used in the study. The research findings indicate that there is Article 45 of Law Number 20 of 2011 which regulates the occupation of apartment units through written agreements made in the presence of authorizes officials and also Article 28 of the Government Regulation of the Republic of Indonesia Number 14 of 2016 concerning Imprementation of Housing and Settlement Areas addresses the inclusion of force majeure clauses. However, these provisions are often overlooked due to factors such as knowledge, age, social factors, and economic circumstances that influence people’s daily decision-making.
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 Keabsahan Penyelenggaraan Rapat Umum Pemegang Saham (Rups) Secara Online Untuk Mewujudkan Kepastian Hukum (Studi Penelitian PT Midi Utama Indonesia Tbk (Midi)) Fernando Chandra; Erniyanti Erniyanti; Fadlan Fadlan; 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.v6i1.1197

Abstract

The development of information and communication technology has had a significant impact on various aspects of life, including the business world. One form of this development is the use of a digital platform to hold an online General Meeting of Shareholders (GMS), this is what PT Midi Utama Indonesia Tbk (MIDI) is doing, with a special focus on harmonizing the holding of the online GMS with Article 77 of the Law Limited Liability Company and comparison with Article 16 paragraph (1) of the Law on Notary Positions. This research has three problem formulations, namely regarding legal regulations related to the legality of holding an online General Meeting of Shareholders (GMS) to create legal certainty, implementation of the legality of holding an online General Meeting of Shareholders (GMS) to create legal certainty, and factors that become obstacles. and obstacles and solutions in implementing the validity of holding an online General Meeting of Shareholders (GMS). This research uses normative juridical legal research methods and sociological or empirical legal research. This normative juridical research is carried out by examining library materials or secondary data. The data used in this research are primary data and secondary data. Primary data in this research is in the form of interviews and observations, while secondary data used in this research consists of primary legal materials, secondary legal materials and tertiary legal materials. The results of this research are that the implementation of Online GMS is permitted according to legal regulations based on Article 76 Jo. Article 77 of the Limited Liability Company Law and POJK Number 16/POJK.04/2020. Basically, the implementation of an online GMS does not violate the law and remains legal. In its implementation carried out by a Notary, the preparation of a GMS deed carried out online is still difficult to implement firmly, because there is still uncertainty regarding the Notary's authority. Obstacles that can occur are related to the mechanism for holding an online GMS, because this GMS is carried out online, the main obstacle or obstacle is located in the network or computer equipment.
The role of security management system in preventing and overcoming threats security disturbances in National Security Institutions Yacobus Sukirno; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan
Dynamics of Politics and Democracy Vol. 2 No. 1 (2022): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v2i1.1801

Abstract

Purpose: The purpose of this research is to find out the implementation of the security management system in preventing and overcoming the threat of Obvitnas security disturbances in order to support the country's economic stability, to find out the obstacles and efforts of the role of the security management system in preventing and overcoming the threat of Obvitnas security disturbances in order to support the country's economic stability. Research methodology: The research method used in this research is normative research method by involving analysis of legal regulations, policies, and legal instruments related to applicable laws and regulations. Results: The results showed that the implementation of the security management system in preventing and overcoming the threat of security disturbances to the National Obvitnas in order to support the stability of the country's economy, namely the implementation of the Security Management System as measured through the 5 (five) elements mentioned in Police Regulation Number 7 of 2019, has not been running optimally, as a result there are still several accidents that cause the impact of victims and the environment of the National Obvitnas. Contributions: This study provides a comprehensive analysis of the role of security management systems in preventing and overcoming threats to national security. The findings of this study can be used by security managers to develop and implement effective security management systems to safeguard national security interests. Implementation: Barriers to the implementation of a security management system in preventing and overcoming the threat of Obvitnas security disturbances to support the stability of the country's economy, namely the implementation of the Security Management System depending on the manager's request, limited resources, diverse threat complexities. And the preparation of effective policies, increased investment and resource allocation, and improved inter-agency coordination.
Juridical analysis of the involvement of the Indonesian National Army in countering criminal acts of terrorism criminal acts of terrorism Wawan Hermawan; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan
Dynamics of Politics and Democracy Vol. 2 No. 1 (2022): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v2i1.1803

Abstract

Purpose: The purpose of this research is to find out the implementation of the involvement of the Indonesian National Army in countering criminal acts of terrorism to realize order in society and national sovereignty, to find out what factors are obstacles and solutions to the involvement of the Indonesian National Army in countering criminal acts of terrorism to realize order and national sovereignty. Research methodology: The research method used is normative juridical (legal research) through literature studies with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically. Results: The results showed that the implementation of the role of the Indonesian National Army Kepri in preventing criminal acts of radicalism is by conducting early detection in order to find out all changes in social life in society and its further development, identifying the nature of threats that are and will be faced, then providing early warnings as basic material and determining directions for policy and decision making or action by Indonesian National Army leaders. Implementation: Factors inhibiting the performance of the Indonesian National Army of Riau Islands region in conducting early detection of efforts to prevent criminal acts of terrorism include poor human resources (HR) both from the quantity and quality of Indonesian National Army Kepri members, facilities, infrastructure, and budget financing of Indonesian National Army activities in preventing criminal acts of terrorism, lack of understanding of the terrorism movement. While the solution to these problems is to build and foster intelligence networks, as well as optimizing tasks and functions with special education and as supervisors in deradicalization programs and conducting counseling to the public about radicalism.
Juridical analysis of the effectiveness of the investigation of Sailing Approval (SPB) violations at the Ditpolairud Riau Islands Police Ibrahim Sembiring; Fadlan Fadlan; Sayid Fadhil; Soerya Respationo; Siti Nurkhotijah
Dynamics of Politics and Democracy Vol. 5 No. 1 (2025): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v5i1.3393

Abstract

Purpose: This study analyzes the effectiveness of investigations into Sailing Approval (SPB) violations conducted by the Ditpolairud Riau Islands Police. It seeks to evaluate how well current law enforcement mechanisms ensure maritime safety and legal compliance under the Navigation Law. Research methodology: The research employs a normative and empirical juridical approach. Data were collected from legislation, literature reviews, and in-depth interviews with investigators, Syahbandar officials, and maritime business operators. The findings were validated through triangulation and analyzed descriptively using John Rawls’ Theory of Justice, Friedman’s Legal System Theory, and Sudikno Mertokusumo’s Legal Certainty Theory. Results: Investigations into SPB violations have been carried out in accordance with legal procedures, including coordination between Ditpolairud, Syahbandar, PPNS, and prosecutors. While enforcement actions have increased compliance, several challenges remain, such as limited resources, overlapping authority, legal gaps, maladministration, and low awareness among shipowners and fishermen. Digitalization of SPB documents and improved transparency in service fees were identified as key solutions. Conclusions: The investigations are generally effective but still constrained by structural, substantial, and cultural barriers. Effective enforcement requires harmonized regulations, institutional synergy, technological integration, and public legal awareness to ensure maritime safety and compliance. Limitations: This study is limited to the jurisdiction of the Riau Islands and relies on qualitative field interviews, without quantitative assessment of enforcement outcomes. Contribution: The study contributes to maritime law by emphasizing justice, legal certainty, and system effectiveness in SPB investigations, while offering recommendations to improve institutional capacity, transparency, and regulatory alignment.
Juridical analysis of law enforcement on illegal cigarettes in Batam and its impact on state excise revenue Muhammad Yadi; Fadlan Fadlan; Parameshwara Parameshwara; Soerya Respationo; Siti Nurkhotijah
Dynamics of Politics and Democracy Vol. 5 No. 1 (2025): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v5i1.3394

Abstract

Purpose: Analyze law enforcement against illicit cigarettes with counterfeit excise bands in Batam and its impact on excise revenue, framed by Radbruch’s legal certainty, Friedman’s legal system, and Becker’s economics of crime. Research methodology: A normative–empirical legal approach: review of excise laws and implementing regulations; a case study of KPU BC Batam operations (sea/land patrols, risk-based intelligence); semi-structured interviews with officers; and qualitative analysis of enforcement documents. Results: Enforcement produced sizable seizures and a clear typology of illicit excisable goods (without bands/counterfeit), yet constraints persist: limited personnel and assets, a vast surveillance area, and increasingly sophisticated modus operandi. Regulatory gaps channel many cases into administrative settlement (state-asset confiscation) with weak deterrence; inter-agency coordination remains uneven; and permissive social norms toward cheaper prices endure. The main impacts are excise revenue leakage, unfair competition for compliant firms, and erosion of tobacco-control objectives. Conclusions: Legal certainty is not yet achieved due to sanction disparities and inconsistent enforcement; economically, offenders’ expected gains exceed expected penalties. Stronger, predictable, and deterrence-oriented enforcement is required. Limitations: Evidence is confined to Batam and specific periods; there is no econometric estimate of revenue loss; findings rely on interviews and secondary documents. Contribution: Integrates legal theory and policy analysis by proposing tighter norms and recalibrated criminal–administrative sanctions, clarified procedures, deeper inter-agency integration, deployment of digital track-and-trace for excise bands, and public education to curb demand, restore the revenue base, and protect fair competition.
Analysis of licensing law on business services based on the Online Single Submission (OSS) system Willi Otra Bismar; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan; Ramlan Ramlan; Parameshwara Parameshwara
Annals of Justice and Humanity Vol. 2 No. 1 (2022): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v2i1.1767

Abstract

Purpose: The purpose of this research is to examine the analysis of business licensing through OSS after the issuance of Government Regulation Number 24 Year 2018 and to analyze the perspective of OSS licensing implementation in the licensing system at PTSP Batam City. Research Methodology: The research method used in this research is normative research method by involving analysis of legal regulations, policies, and legal instruments related to applicable laws and regulations. Results: The result of the research shows that licensing before PP No. 24 Year 2018 was manual and took too long to process, licensing after PP No. 24 Year 2018 is effective can be online and can take place at any time of registration. For legal protection for business actors by adjusting the license to OSS so as not to lose money in order to establish relationships with third parties. Because there are no strict sanctions for business actors who do not make adjustments to OSS. Implementation: The existence of overlapping regulations and the non-realization of certainty of authority governing licensing between the regulations of the Regional Government Law, the Investment Law and PP Number 24 of 2018.
Legal study of the granting of spousal consent in the transfer of land rights from joint property due to unregistered marriage Aprilyani Aprilyani; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan; Muhammad Tartib
Annals of Justice and Humanity Vol. 2 No. 1 (2022): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v2i1.1800

Abstract

Purpose: The purpose of this study is to determine the implementation of granting spousal consent in the transfer of land rights from joint property due to unrecorded marriage and to find out the factors that become obstacles and solutions in granting spousal consent in the transfer of land rights from joint property due to unrecorded marriage. Research Methodology: The research method used in this research is normative research method by involving analysis of legal regulations, policies, and legal instruments related to applicable laws and regulations. Results: The result of the research shows that the granting of spousal consent in the transfer of land rights from joint property due to unregistered marriage in Batam City, until now does not have a special regulation, so it still refers to the same provisions as spousal consent to joint property in registered marriages contained in Article 36 of the Marriage Law, and Article 92 KHI and Article 119 KUHPerdata. Limitations: The study is limited to jurisdiction-specific laws and regulations concerning land rights and spousal consent in the context of unregistered marriages. It does not delve into broader family law aspects unrelated to property transfers. Contribution: This research contributes a comprehensive analysis of the legal intricacies involved in transferring land rights from joint property due to unregistered marriages, shedding light on gaps in existing regulations and proposing potential legal remedies. It serves as a valuable resource for legal practitioners, policymakers, and scholars seeking insight into this nuanced area. Practical Implication: The findings of this study have practical implications for legal professionals advising clients on property transactions involving unregistered marriages. Additionally, it provides a basis for legislative reform to address gaps and uncertainties in current legal frameworks.
Co-Authors Agus Siagian Andre Argadho Tampubolon Andri Gotama Angelina E. Rumengan Apridony Apridony Aprilyani Aprilyani Ayuniawati Ayuniawati Christiani Prasetiasari Christiani Prasetiasari Christiani Prasetiasari Christiani Prasetiasari Dahlan Dahlan Dahlan Dahlan Darwis Anatami E. Arlinda Chikita Erdi Steven Manurung Erlys Erlys Erniyanti Erniyanti Etty Sri Wahyuni Faozatulo Sadawa Fernando Chandra Ferry Hamdhani Fitra Azli H.M. Soerya Respationo Harry Kurniawan Hendri Hendri Henry Aspan Ibrahim Sembiring Idham Idham Ikhlas Muhammad Jerry Satriawan Juhrin Pasaribu Jurhan Panangian Siallagan Lagat Parroha Patar Siadari Markus Gunawan Muhammad Tartib Muhammad Yadi Nadhirawaty Nadhirawaty Nanda Horas Pranata Nina Firda Amalia Oyong Wahyudi Parameshwara Parameshwara Parameshwara Parameshwara Parameshwara Putra, Randi Rian R. Tria Flamitha Ramadhan, Faris Ramlan Ramlan Ramlan Ramlan Ramon Nofrial Ramon Nofrial Ramon Nofrial Ramon Nofrial Ricky Rahmawan Rizky Pratama Ryan Istiyanto Sayid Fadhil Siti Nurkhotijah Siti Nurkhotijah Soerya Respationo Soerya Respationo Soerya Respationo Soeryo Respatino Soeryo Respationo Sri Wahyuni Syafrudin Semidang Sakti Tivonli Kirtan Tri Yani Joy Duha Wawan Hermawan Willi Otra Bismar Yacobus Sukirno Yose Rizal