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All Journal Ensiklopedia of Journal Unes Law Review Jurnal Jatiswara 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) Journal of Innovative and Creativity
Fadlan Fadlan
Batam University
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.
JURIDICAL ANALYSIS OF THE HIGH CRIMINAL ACTIONS OF CHILD ABUSE CASES IN THE FRAMEWORK OF IMPLEMENTING JUSTICE IN INDONESIA AS A LEGAL COUNTRY (CASE STUDY IN ANAMBAS ISLANDS DISTRICT) Syafrudin Semidang Sakti; Fadlan; Erniyanti; Agus Siagian
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1247

Abstract

Obscenity is one of the sexual crimes resulting from changes that have occurred in the structure of our society. Sexual abuse is a type of crime that has a very bad impact, especially on the victims, because sexual abuse violates human rights and can damage human dignity, especially the soul, mind and offspring. The victims in these crimes are often children. The increase in criminal acts of sexual abuse committed by children occurred in Anambas Islands Regency in 2020 by 5 cases, then in 2021 there were 6 cases, in 2022 there were 7 cases, and in 2023 there was 1 case. The problems in this research are First; What is the legal regulation of criminal acts of sexual abuse against children in Indonesia?; Second: How is the implementation of the high level of criminal acts of sexual abuse against children in the context of upholding justice in Indonesia as a rule of law (case study in Anambas Islands Regency)?; Third: What factors are obstacles or obstacles and efforts to eradicate the high level of criminal acts of sexual abuse against children in the context of upholding justice in Indonesia as a rule of law? This research uses a descriptive method with normative and sociological research types using a normative approach (legal research) to obtain primary data through field research (research). The research results show that First; The legal regulation of criminal acts of sexual abuse against children in Indonesia is to impose a crime below a special minimum, the judge has deviated from the Child Protection Law which regulates the provisions for minimum sanctions that have been regulated for each special crime; Second; Implementation of the High Crime of Child Abuse Cases in the Context of Upholding Justice in Indonesia as a Rule of Law State (Case Study in Anambas Islands Regency); In accordance with the rules in Article 7 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. that diversion can only be given to children who have committed a crime with a prison sentence of less than 7 (seven) years and is not a repetition of the crime. Meanwhile, in the case of sexual abuse, perpetrators of criminal acts are subject to imprisonment for a maximum of 15 (fifteen) years, therefore diversion cannot be applied to children who commit criminal acts of sexual abuse. Third: Factors that become Obstacles or Obstacles and Efforts in Eradicating the High Rate of Criminal Offenses Cases of Child Abuse in the Context of Upholding Justice in Indonesia as a State of Law are the presence of factors such as (1) Factors of Legal Rules and Legislation; (2) Factors of Law Enforcement Officials; (3) Supporting Facilities or Facilities Factors; (4) Community Factors; (5) Cultural Factors.
JURIDICAL ANALYSIS OF THE ROLE AND RESPONSIBILITIES OF IMMIGRATION CONTROL ON THE USE OF PASSPORTS FOR INDONESIAN MIGRANT WORKERS (PMI) IN A NONPROCEDURAL BASIS FROM THE PERSPECTIVE OF LEGAL CERTAINTY (RESEARCH STUDY AT THE CLASS I IMMIGRATION OFFICE SPE Ricky Rahmawan; Fadlan; Erniyanti
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1306

Abstract

The departure of Indonesian Migrant Workers (PMI) was under the pretext of protecting Indonesian citizens abroad. This is certainly not in line with the constitution, so there needs to be improvements to the procedures for protecting Indonesian Migrant Workers (PMI). The domino effect is that these non-procedural Indonesian Migrant Workers (PMI) will continue to try to leave "like the theory of a squeezed balloon" or illegally via rat routes which will be very dangerous for these Indonesian Migrant Workers (PMI). Based on the research results, it was found that the factors causing the problem were due to the absence of norms (no governing law), there were no clear parameters between Indonesian citizens who were just passing through and Indonesian Migrant Workers (PMI). Then, during the passport interview process, Immigration officers also did not can predict whether a passport that is valid for 10 years will be used for tourism only or for work purposes. Especially in Batam and other border areas, officers will find it difficult to determine which are Illegal Indonesian Migrant Workers (PMI) and which are seasonal workers. For this reason, it is hoped that the inspection system implemented by the Immigration Office will begin with the completeness and authenticity of the documents required in the passport application process, namely verifying the authenticity of the data provided whether it is as requested or not, so that the role of immigration in combating transnational crime is very important. large and strategic, this is related to its duties and functions as a gatekeeper to Indonesian territory, regarding the flow of traffic entering Indonesia, immigration implements a selective policy (selective policy).
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 HANDLING VICTIMS OF NARCOTICS ABUSE THROUGH REHABILITATION IN A LAW ENFORCEMENT PERSPECTIVE (RESEARCH STUDY AT THE NATIONAL NARCOTICS AGENCY RIAU ISLANDS PROVINCE) Faozatulo Sadawa; Fadlan; Soerya Respationo; Erniyanti
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.v3i4.1348

Abstract

The practice of rehabilitation for narcotics abusers is still not in accordance with existing laws and regulations, namely that existing regulations are supposed to rehabilitate users who abuse narcotics, but this provision is never implemented, more perpetrators/victims are convicted than rehabilitated. Bearing in mind that Articles 56, 57, 58, 59 concerning Narcotics require that narcotics addicts and victims of narcotics abuse must undergo medical rehabilitation and social rehabilitation, so that narcotics abusers do not experience narcotics addiction again, both mentally and socially. The results of the research found that the Riu Islands Province National Narcotics Agency (BNN) carried out rehabilitation efforts according to applicable regulations, namely that there were still many addicts who refused to be isolated in a rehabilitation center. This happens because most narcotics addicts consider life in rehabilitation to be suffering for those who are still in the addiction stage, especially when going through a state of withdrawal. It turns out that the addict has experienced a semi-insane condition (dual diagnosis) or has experienced a serious illness that requires special medical treatment.
Juridical Analysis Of The Role Of The Wage Board In Determining The Minimum Wage In Batam City Hendri Hendri; Fadlan Fadlan; Lagat Parroha Patar Siadari; Erniyanti Erniyanti
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.3683

Abstract

The determination of minimum wage is one of the instruments of state policy to realise social justice for workers, especially in guaranteeing a decent income and protecting weak economic groups. The Wage Council, as a tripartite institution consisting of elements of government, employers, and labour unions, has a strategic role in formulating minimum wage recommendations to regional heads. This research is motivated by the reality that although legal arrangements on the role of the Wage Council have been regulated in various regulations, the implementation in the field, especially in Batam City, has not fully reflected the principles of social justice as referred to in Articles 27 and 28D of the 1945 Constitution. This research aims to juridically analyze the role and function of Wage Council in the process of determining minimum wage for workers in Batam City, assess the obstacles faced, and provide solutions based on the theoretical approach of justice, legal system, and legal certainty. The research methods used are normative juridical and empirical juridical, with primary data obtained through interviews with government elements, trade unions, and employers, as well as secondary data in the form of legislation and legal literature. The results show that normatively the role of the Wage Board has a clear legal basis, but in its implementation there are still obstacles such as imbalance in bargaining position, political intervention, and weak supervision of the application of wage structures and scales. Solutions offered include strengthening regulations based on legal certainty, increasing the technical capacity of Council members, and participatory strategies that involve workers more actively. The research recommends institutional reform and strengthening transparency to ensure a fairer and more sustainable wage system.
Co-Authors Agus Siagian Andri Gotama Ayuniawati Ayuniawati Christiani Prasetiasari Dahlan Dahlan Dahlan Dahlan Darwis Anatami Erdi Steven Manurung Erlys Erlys Erniyanti Erniyanti Faozatulo Sadawa Fernando Chandra Fitra Azli H.M. Soerya Respationo Hendri Hendri Idham Idham Jerry Satriawan Juhrin Pasaribu Jurhan Panangian Siallagan Lagat Parroha Patar Siadari Nina Firda Amalia Oyong Wahyudi Parameshwara Ramlan Ramlan Ramon Nofrial Ricky Rahmawan Rizky Pratama Ryan Istiyanto Soerya Respationo Soeryo Respatino Soeryo Respationo Syafrudin Semidang Sakti Tivonli Kirtan Tri Yani Joy Duha