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Padrisan Jamba, Padrisan
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Humanities Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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PERAN KEPOLISAN DALAM MENINDAK PELAKU PENJUALAN MINUMAN KERAS ILEGAL DI KOTA BATAM (STUDI PADA POLRESTA BARELANG) sari, sinta puspita; Jamba, Padrisan
SCIENTIA JOURNAL Vol 2 No 2 (2020)
Publisher : LPPM Universitas Putera Batam

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Abstract

Liquor has a variety of adverse effects that are bad for the community. The efforts of the police in overcoming the distribution of illegal liquor in the city of Batam are through preventive and repressive measures. The role of the police in tackling illegal liquor in the city of Batam was assisted by bhabinkamtibmas and sanctions were only given in the form of fines and confiscations. Based on the theory of legal certainty used by the author that after reviewing it can be seen that the law already exists but many legal certainties are not carried out by members of the police as well as only providing sanctions and not by applicable regulations. This study aims to analyze the empirical juridical or sociology of law to find out more directly the approach by looking at something of the legal reality that already exists in society. The obstacles faced by police members are the absence of legislation relating to alcoholic drinks that do not yet have specific rules in prevention so that the police in handling these matters do not have certainty in providing criminal sanctions to dealers, sellers or buyers that are circulated illegally at Batam city.
ANALISIS YURIDIS TERHADAP PENGATURAN TINDAK PIDANA KORUPSI SETELAH DIKELUARKANNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 25/PUU-XIV/2016 Rajagukguk, Iin Octavia; Jamba, Padrisan
SCIENTIA JOURNAL Vol 1 No 2 (2019): Volume 1 No 2 2019
Publisher : LPPM Universitas Putera Batam

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There is an increase in corruption level in Indonesia, both inathe total numberaofacases andainathe total amount of financial losses suffered by the state. There are even more systematic corruption which present in all aspect of social life.The main problem formulation would be focusing on the consideration upon the decision of the panel of judges ofatheaConstitutionalaCourt in its decision Numbera25/PUU-XIV/2016aand its legal implication towards law enforcement process andacorruption eradication.aThe objective of thisaresearch is, first, to understand the legal consideration of the panel of judges of constitutional court in the decision Number 25/PUUXIV/2016. As for the second objective, the researcher would like to be cognizant of the legal qualification related with the law enforcement andacorruptionaeradication process. In conducting the research, the researcher is using normative judicial research, with juridical approach as the method. This research is using qualitative method and in analytical-descriptive analysis. This research resulted in number of conclusions, per se, Constitutional Court decision Number 25/PUUXIV/2016 has created legal uncertainty related to the formulation of corruption; as corruption was material offense, whereof in the beginning was formal offense. Such circumstance obliges law enforcer to establish the ground on how much actual financial loss the state has suffered, not on potential financial loss. There is different, legally unrelated perspective in defining “could” as in “could inflict state financial loss or harm state economy” under criminal approach of Law on Corruption Eradication and under administrative approach of Law Number 30 Year 2004.
PENEGAKAN HUKUM TERHADAP PELAKU PELECEHAN SEKSUAL DI KEPOLISIAN KOTA BATAM (STUDI DI POLSEK BATAM KOTA) Mustholih, Khairil; Jamba, Padrisan
SCIENTIA JOURNAL Vol 1 No 2 (2019): Volume 1 No 2 2019
Publisher : LPPM Universitas Putera Batam

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This stduy aiims to find out how law enfoili rcement against perpetrili ators of sexual harassment in Batam City Pili olice and to find out what are the obstacles of Batam Sector Police in law enfili orcemeili nt against sexual hili arassers. This study uses a qualitative approach. The researchl er used priimary legal materials, namely mateili rials obtained from direct interviews with Memili bers of the Batam Sector Police Tigor Dabariba, SH, the women's service unit and Bripda Helmiatun children and secondary and tertiary legal materiials obtaiined from the literature. The results of thili is study iindiili cate that law enforili cement against perpetrators of sexual haraili ssment in the jurisdili iction of the Batam Ciity Sector police can be punished basili ed on the Kili UHP for a maximum of 15 (fifteen) years in priisili on and can be added with adili dil tional demili ands and if the victiilil ms are children. The Batam Sectol r Pili olice obstl acle in law enili forcement against perpetraili tors of sexual harassment is difficult to find the whereabouts of perpetrators of criiminal acts of sexual harassment / molestation who have fled and becili ome fugiitives; limiitted time in completting cases; llack of inforili maition abili out the perpetrator; the difficulty of asking for information from witnesses as victims of trauma; high cost of post mortem; lack of adequate facillities and infraistili ructure for the investili igation and disclosuili re of criminal acts of sexual viollence against chilldren in the Batam Ciity Police Sector PPA Unit.
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PADA PELAKU USAHA PELANGGARAN HAK CIPTA DI KOTA BATAM Purba, Ervanny; Jamba, Padrisan
SCIENTIA JOURNAL Vol 4 No 4 (2021): Volume 4 Nomor 4 2021
Publisher : LPPM Universitas Putera Batam

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Abstract

This study aims to identify and understand the criminal liability for copyright infringement perpetrators in the form of pirated VCD/DVDs in Batam City and the police in taking action against copyright infringement committed by business actors. The development of science and technology has changed the times so that it has an impact on the behavior of every human being in the business world, where currently many other people's works are recognized as their own of course, this is very contrary to the rules of positive law that apply in Indonesia. Copyright infringement in the trade sector can be exemplified such as counterfeiting, copying and, piracy that many business actors (producers) have. Criminal a liability to determine a criminal act against whether or not a perpetrator of the act against a criminal act that has been committed. In criminal liability there is a principle, namely not being punished if there is no mistake (geen straf zonder schuId; Actus non facit reum nisi mens sir rea). It can be interpreted that a person can be punished, then that person has not only committed a crime but also there is no mistake in his actions and also a perpetrator of the criminal act has fulfilled the ability to take responsibility.
KEPASTIAN HUKUM RELAKSASI DEBITUR BANK PERKREDITAN RAKYAT (BPR) DANA NUSANTARA AKIBAT PANDEMI COVID-19 Desriwaty, Sari; Jamba, Padrisan
SCIENTIA JOURNAL Vol 5 No 2 (2022): Volume 5 Nomor 2 2022
Publisher : LPPM Universitas Putera Batam

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Abstract

During the COVID-19 pandemic, the economic sector in Indonesia declined drastically, this significant impact also spread throughout the world. The decrease felt by banking institutions that channel debtor credit, because obligations that must be carried out for a certain period of time must be caused by a suspension issued by the Financial Services Authority. This credit relaxation may apply if the debtor submits an offer for credit relaxation. In the application of this credit suspension, there are also problems, of course, such as legal certainty and strength in the implementation of the suspension of debtors. The purpose of the research is to find out how the applicable legal arrangements are, to find out the obstacles and obstacles when offering a suspension. In this case, applying the normative juridical research method by referring to the defense of written legal rules, not only that this research also involves books and applicable legal arrangements.
Perlindungan Hukum Bagi Pekerja/Buruh Atas Pemberian Upah Kerja Dibawah Upah Minimum Menurut Perspektif Hukum Di Indonesia Ndruru, Mei Rahmat Syah Elisabet; Jamba, Padrisan
SCIENTIA JOURNAL Vol 5 No 4 (2023): Scientia Journal
Publisher : LPPM Universitas Putera Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33884/scientiajournal.v5i4.7381

Abstract

Welfare must be enjoyed for all people fairly and comprehensively. Welfare is alsoappropriate for workers. The legal dispute occurred in the city of Surabaya in the decision714/Pid.Sus/2022/PN.Sby. In this case, PT Rakuda Furniture paid wages below theminimum wage. The defendant has the duty of being responsible for the company'soperations in determining wages. What is the form of legal protection for workers/labourersfor work wages that are given below the minimum wage? giving wages below the minimumcan be subject to criminal sanctions based on Law No. 13 of 2003 concerningManpower.This study uses normative research, namely using direct studies of regulations.And using an approach to cases (Case Approach), and a legal approach to statutoryregulations (Statute Approach).The form of worker protection guarantee, namely Article 81number 63 in Law Number 11 of 2020 concerning Job Creation, emphasizes thatemployers who pay wages lower than the minimum wage are subject to criminal sanctionsin accordance with Wirjono Prodjodikoro's aim to protect workers' rights in receiving fairwages and to make lessons educating or improving people who commit crimes. Companiespaying wages below the minimum can be subject to criminal sanctions based on LawNumber 13 of 2003 concerning Manpower in Article 185 and Law Number 11 of 2020concerning Job Creation Article 88 E paragraph (2) states that Employers are prohibitedfrom paying wages lower than the minimum wage, this provision is burdensome criminalresponsibility is the responsibility of the management of the legal entity at PT RakudaFurniture so that companies that provide wages below the minimum can be subject tocriminal sanctions
URGENSI PERLINDUNGAN HUKUM TERHADAP JUSTICE COLABORATOR DALAM TINDAK PIDANA KORUPSI: - Silitonga, Dony Andrianto; Jamba, Padrisan
SCIENTIA JOURNAL Vol 5 No 4 (2023): Scientia Journal
Publisher : LPPM Universitas Putera Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33884/scientiajournal.v5i4.7691

Abstract

Criminal acts, such as corruption, are illegal actions committed by individuals that harm the state for personalor others' benefits. Corruption is considered an exceptional crime, making investigations challenging due tothe intricate methods employed by the perpetrators. This difficulty led to the introduction of the term "perpetratorwitness" or "justice collaborator," referring to a witness who cooperates with law enforcement authorities toinvestigate the same crime. The objective of this study is to examine the legal arrangements and protectionmeasures afforded to justice collaborators in sharing information. The research employed a normative legalresearch method, utilizing library research and primary, secondary, and tertiary data sources. The findingsreveal several legal provisions, including Law No. 31 of 2014 and SEMA No. 4 of 2011, as well as forms ofprotection provided by law enforcement agencies, encompassing physical and psychological safeguards.However, it can be inferred from the study that the legal foundation for justice collaborators lacks clarity, as itholds the potential for multiple interpretations in practical implementation. Additionally, the level of protectionprovided and the fulfillment of promises by law enforcers have not been fully optimized
EFEKTIVITAS PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PELECEHAN SEKSUAL (Studi Putusan Nomor 24/Pid.B/2011/PN.Sri) yandika pratama, Yuda; Jamba, Padrisan
SCIENTIA JOURNAL Vol 5 No 5 (2023): Scientia Journal
Publisher : LPPM Universitas Putera Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33884/scientiajournal.v5i5.7824

Abstract

Cases of sexual violence against minors are a serious concern in the legal aspect of child protection.This research looks at the legal effectiveness of protecting children as victims of sexual abuse byusing violence. The case raised was decision Number 24/Pid.B/2011/PN.Sri which involved theDefendant Iskandar Wihyawari Alias Iskandar who was charged with violating Article 81 paragraph (1)of the Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection juncto Article64 paragraph (1) of the Criminal Code. Through the effectiveness of the law, the author explores theevents that occurred and their impact on the victim and the relevance of the law applied in thedecision. This research also highlights the importance of child protection and the joint responsibility ofthe government, society and legal institutions in preventing and taking action against sexual violenceagainst children
PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA BERAT DIKAJI DARI PERSPEKTIF HUKUM POSITIF INDONESIA silalahi, gabe horas; Jamba, Padrisan
SCIENTIA JOURNAL Vol 5 No 3 (2023): Scientia Journal
Publisher : LPPM Universitas Putera Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33884/scientiajournal.v5i3.7872

Abstract

ABSTRACTThe juvenile justice system has been regulated in Law Number 11 of 2012 which states that children between the ages of 12 and under 18 are considered children in conflict with the law. Juvenile criminal justice is different from the general criminal justice system that applies in Indonesia. There are various factors, such as psychological and sociological factors, which can cause a child to be considered guilty of a crime. In this system, accountability for crimes committed by children prioritizes the principles of restorative justice. This study aims to understand the legal provisions that apply to children who are involved in serious crimes and to see how the form of accountability for these crimes is seen from the perspective of positive law in Indonesia. This study uses a normative juridical method by conducting literature studies related to legal arrangements related to children and analyzing them descriptively to develop the core problems in this writing. The results of the research show that Law Number 11 of 2012 concerning the Juvenile Criminal Justice System has regulated special legal provisions for children as criminal offenders. Children in this system have the right to receive special treatment during the investigation, prosecution and trial process so that their mental condition is maintained. In addition, the form of juvenile criminal responsibility is also based on the age of the child, and the juvenile justice system places more emphasis on restorative justice approaches and settlement through diversion.Keywords: Children, Criminal, Diversion, Justice, Responsibility,.
PERAN KEPOLISAN POLRESTA BARELANG TERHADAP EKSPOLITASI ANAKDALAM MENGANGGULANGI TINDAK PIDANA ANAK DI WILAYAH KOTA BATAM Pratama, Rizky; Jamba, Padrisan
SCIENTIA JOURNAL Vol 5 No 5 (2023): Scientia Journal
Publisher : LPPM Universitas Putera Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33884/scientiajournal.v5i5.7970

Abstract

Sexual exploitation is currently a profitable global business. This business is referred to as sex trafficking onan international scale. Women and children are forced into sex slavery by being sold, kidnapped, tortured, orraped whose main goal is to gain huge profits. Speaking in the context of decency, there are many thingsthat influence children to be easily exploited as sex workers, such as social media, the communityenvironment, and their own family environment. Social media is a tool where exploitation cases can occur. Inlaw enforcement (criminal) the police are the body that really determines the process of settling a criminalcase. This can be seen in the criminal justice system, where the police are the first agency to handle criminalcases. The authority given will result in a settlement or screening of violations of the law. From the results ofresearch carried out preventively in the form of prevention such as outreach to elements of society byworking with related agencies, then monitoring several public facilities in Batam City and in handling policecases from each region, especially the Barelang Police call for cooperation from various parties to preventand arrest suspects
Co-Authors Abbas, Azhar Agnescia, Pera Agus Riyanto Desriwaty, Sari dompak, timbul Gea, Sukadamai Hidayatuddin1, Hidayatuddin Husda, Anggun Permata Husna, Lenny Ibrahim, Ukas Irene Svinarky Khairina, Etika Laia, Delfani Lebang, Andika Surya Lesmana, Annafi Tri Manurung, Sarah Devi Mustholih, Khairil Ndruru, Mei Rahmat Syah Elisabet Panggabean, Enjelina Pratama, Rizky Purba, Ervanny Purwanti, Angel Rajagukguk, Iin Octavia selpi, selpiana br nababan SIANTURI, GABRIEL SHAFTO ARA ANGGITO silalahi, gabe horas Silitonga, Dony Andrianto Sinta Puspita Sari Tampubolon, Samuel Ukas Ukas, Ukas yandika pratama, Yuda Zukriadi, Diki