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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 INLAW
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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Juridical analysis of a sale and purchase binding agreement on land Nadhirawaty Nadhirawaty; Soerya Respationo; Erniyanti Erniyanti; Ramon Nofrial; Fadlan Fadlan
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.v2i1.1802

Abstract

Purpose: The purpose of this research is to find out the legal arrangement of the agreement of binding sale and purchase of land, to find out the legal consequences of the implementation of the issuance of the agreement of binding sale and purchase of land by Notary in Batam City. Research Methodology: The research method of this thesis is normative juridical (legal reasearch) through literature study with empirical juridical (sociological juridical) approach through field study which aims to obtain legal knowledge empirically. Results: The results show that the legal regulation of the Sale and Purchase Agreement on land in Indonesia underlines the importance of the role and function of notaries, as well as the position of Sale and Purchase Binding Agreement as an important legal instrument in land sale and purchase transactions. Implementation: The Sale and Purchase Binding Agreement has the legal power to bind both parties and serves as the basis for the implementation of the transaction, proof of the transaction, a means of dispute resolution, and a legal protection tool for both parties. The legal consequences of the issuance of a Sale and Purchase Agreement on land by a Notary in Batam City are very important in determining the sustainability of property transactions in the area. With a thorough verification and validation process, as well as checking documents and providing objective and accurate legal advice by a notary, the sustainability and validity of the transaction can be better guaranteed, and the rights and obligations of each party can be better protected.
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.
Normative examination of the considerations of pre-trial judge on distortion of the value of the instruments of evidence Fadlan Fadlan; Apridony Apridony
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 10 No. 3 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020242836

Abstract

Currently there is a pretrial decission No.5/Pid.Pre/2018/PN BTM which cancels the determination of the suspect with the consideration that the evidence for the determination of the suspect has been distorted by the investigation period which is considered too long, it’s necessary to analyze the construction flow of the judge's legal considerations and normative juridical examination as well as the legal consequences of the decission against the investigator. This research used descriptive analytical method using a normative approach (legal research) to obtain secondary data and an empirical approach (juridical sociological) to obtain primary data through observation (observation). The results showed that pretrial judges form a new legal method regarding the distorted value of evidence based on the period of investigation in which this consideration was no longer on the assessment of formal aspects, from this decission Investigators if they want to re-determine someone as a suspect must use two different pieces of new evidence. For this reason, the Supreme Court is expected to establish special rules regarding mechanisms and clear boundaries for pretrial judges in establishing the rule of law, besides that a clear definition of deviant and/or fundamentally deviant decissions is needed and the annulling mechanism to anticipate legal smuggling.
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.
JURIDICAL ANALYSIS OF THE EFFECTIVENESS OF THE ONLINE STAY PERMIT SYSTEM FOR FOREIGNERS IN BATAM CITY Nanda Horas Pranata; Fadlan; Ramon Nofrial
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4020

Abstract

Digital transformation in public services is an urgent need in realizing efficient and transparent governance, including in the field of immigration. The Directorate General of Immigration has implemented the Online Residence Permit Service System as part of the reform of residence permit services for foreign nationals. Batam City as a strategic area with high mobility of foreigners becomes an important locus in assessing the effectiveness of the system. This study is motivated by the importance of legal certainty, service efficiency, and protection of legal rights of foreign nationals in the process of applying for a digital residence permit. This study aims to analyze legal arrangements, implementation of online residence permit service system, as well as obstacles and solutions faced in improving the quality of immigration services in Batam City.The methods used are normative juridical and empirical juridical approaches with data collection techniques through document studies (secondary data) and interviews (primary data) with immigration officers, foreign service users, and other related parties.The results show that the online residence permit service system has a strong legal basis, but there are still gaps between regulations and practices in the field. The main obstacles include limited technological infrastructure, low user digital literacy, and suboptimal cross-sectoral coordination. In terms of implementation, this system has improved administrative efficiency, but has not fully guaranteed legal certainty and service satisfaction. It is recommended that the Directorate General of Immigration and Batam Immigration Office strengthen human resource capacity, improve infrastructure, prepare technical operational guidelines, and expand public education to service users. With these steps, the system is expected to run more effectively, adaptively, and in line with the principles of good administrative law.
Peranan Bea dan Cukai dalam Pengawasan Barang Bawaan Penumpang (Non-Personal Use) dari Luar Negeri ke Daerah Free Trade Zone Andre Argadho Tampubolon; Fadlan Fadlan; Christiani Prasetiasari; Ramon Nofrial
Jurnal Studi Multidisiplin Ilmu Vol 1 No 2 (2023): Mei
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v1i2.2522

Abstract

Purpose: The aim of this research is to determine the legal regulations for users of expedition services for goods that cannot be released by customs and excise officers in the Free Trade Zone (FTZ) area and how they are implemented, obstacle factors, and efforts of users of expedition services for goods. Research methodology: The research method for this thesis is normative juridical (legal research) through a literature study with an empirical juridical approach (sociological juridical) through field studies aimed at gaining legal knowledge. Results: The research results show that legal regulations for expedition service users in the case of goods that cannot be released by Customs and Excise officers in the Free Trade Zone (FTZ) area are regulated based on Article 16 of Law Number 17 of 2006 concerning Customs and Article 20, paragraph ( 1) Regulation of the Minister of Finance of the Republic of Indonesia Number:199 /PMK.Ol0/2019 concerning Customs, Excise, and Tax Provisions for the Import of Shipped Goods, which regulates actions to detain shipped goods that do not pay the customs tariff and value as determined. Implementation of expedition service users for goods that cannot be released by Customs and Excise officers in the Free Trade Zone (FTZ) area, as observed at PT. Batam Branch Logistics Trade Ambassador, demonstrated the complexity involving laws, procedures and economic challenges Limitation: This study highlights the legal regulations and implementation process for expedition service users in the Free Trade Zone (FTZ) area with regard to goods that cannot be released by customs and excise officers. Contribution: Overall, this research makes a significant contribution to the understanding of the legal framework and practical issues surrounding the use of expedition services in the FTZ area.
Analisis Yuridis Pengguna Jasa Ekspedisi Terhadap Barang Kiriman yang Tidak Dapat Dikeluarkan Petugas Bea dan Cukai di Free Trade Zone R. Tria Flamitha; Fadlan Fadlan; Christiani Prasetiasari; Erniyanti Erniyanti
Jurnal Studi Multidisiplin Ilmu Vol 1 No 2 (2023): Mei
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v1i2.2523

Abstract

Purpose: The aim of this research is to find out the legal regulations for users of expedition services for goods that cannot be released by customs and excise officers in the Free Trade Zone (FTZ) area, and how they are implemented, obstacle factors and efforts of users of expedition services for goods. Research methodology: The research method for this thesis is normative juridical (legal research) through literature study with an empirical juridical approach (sociological juridical) through field studies aimed at gaining legal knowledge empirically. Results: The research results show that legal regulations for expedition service users in the case of goods that cannot be released by Customs and Excise officers in the Free Trade Zone (FTZ) area are regulated based on Article 16 of Law Number 17 of 2006 concerning Customs and also Article 20 paragraph ( 1) Regulation of the Minister of Finance of the Republic of Indonesia Number: 199 /PMK.Ol0/2019 concerning Customs, Excise and Tax Provisions for the Import of Shipped Goods, which regulates actions to detain shipped goods that do not pay the customs tariff and value as determined. Limitation: Implementation of expedition service users for goods that cannot be released by Customs and Excise officers in the Free Trade Zone (FTZ) area, as observed at PT. Batam Branch Logistics Trade Ambassador, demonstrated the complexity involving laws, procedures and economic challenges Contribution: This research highlights the importance of understanding the legal regulations governing the detention of goods in the FTZ area and the challenges faced by users of expedition services in complying with these regulations.
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 Tony Budianto Sianturi Tri Yani Joy Duha Wawan Hermawan Willi Otra Bismar Yacobus Sukirno Yose Rizal