Claim Missing Document
Check
Articles

Kekuatan Mengikat Risalah Lelang Bagi Pembeli Lelang Terhadap Hak Tanggungan Bagi Pembeli Lelang di Kantor Pelayanan Kekayaan Negara dan Lelang (Kpknl) Kota Batam Guswanda Andi Putra Pratama; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan; Ramon Nofrial
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1142

Abstract

This research aims to determine the obstacles that occur for auction buyers in vacating auction objects due to resistance from debtors or third parties, denying that debtors have been negligent in carrying out their obligations towards creditors, debtors who do not acknowledge the amount of debt from all costs that have been incurred by creditors first for the purposes of encumbrances in mortgage rights. The nature of this research is analytical descriptive. This research is also included in empirical juridical research. The data source used in this research is secondary data sources. This research was carried out at the Batam State Property and Auction Service Office (KPKNL) which was the research location. In collecting data for this research, the techniques used were library research and field research methods. The data collection tools used in this research are document study or literature study and interviews. Meanwhile, the data analysis used in this research is qualitative analysis. The conclusions that will be drawn in this research are carried out deductively. The results that have been obtained from this research are the auction minutes as authentic deeds that have perfect evidentiary power, the efforts made by KPKNL in overcoming obstacles in the auction for the execution of mortgage rights at KPKNL must be completed properly and auction buyers who have good intentions must be protected by law.
Juridical Analysis Of Law Enforcement Against Criminal Offenders Misusing Subsidized Fuel To Creating The Principle Of Justice (Research Study In Bintan Police Jurisdiction) Micha Pratama Dewa Dharma; Ramon Nofrial; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.995

Abstract

The purpose of the study is to determine legal arrangements in terms of enforcement against perpetrators of subsidized fuel abuse in the Bintan Police Area, to determine the implementation of law enforcement against perpetrators of subsidized fuel abuse in the Bintan Police Area, to find out obstacles and law enforcement solutions against perpetrators criminal misuse of subsidized fuel in the Bintan Police Station area. This thesis research method is normative juridical (legal research) through literature study with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically. The results showed that enforcement legal arrangements against perpetrators of subsidized fuel abuse are strictly enforced to ensure integrity and fairness in the distribution of subsidized energy resources to the people. The government, through various regulations and laws, has imposed significant sanctions on individuals or entities that misuse, divert, or resell subsidized fuel for commercial purposes. Law enforcement by the police against perpetrators of subsidized fuel abuse in Indonesia still requires optimization, although efforts have been made through various operations and raids, there are still reports and evidence showing that criminal acts of subsidized fuel abuse continue to occur in various regions. Obstacles such as lack of resources, coordination between agencies, and obstacles in investigation and prosecution make the law enforcement process not run as optimally as expected. This certainly challenges the integrity of social justice promoted by the government in the fuel subsidy program for people in need. In the implementation of law enforcement against perpetrators of criminal acts of misuse of subsidized fuel, the police are faced with several obstacle factors. First, limited human resources and equipment make law enforcement difficult to conduct thoroughly. Second, lack of inter-agency coordination often slows down investigations and prosecutions. Third, there are indications that the involvement of certain parties who have economic interests can hamper the law enforcement process. Solutions that can be proposed include increasing human resource capacity through training and education, improving infrastructure and supporting equipment, and strengthening inter-agency coordination mechanisms. In addition, transparency and accountability in the law enforcement process must be improved, as well as prioritizing a preventive approach through socialization to the public about the negative impacts of subsidized fuel abuse. It is recommended that the government to strengthen legal policies against perpetrators of criminal acts of misuse of subsidized fuel in order to provide a deterrent effect to perpetrators. The police are advised to improve law enforcement performance against perpetrators of criminal acts of misuse of subsidized fuel that harm the community and the state. The public is advised to participate in assisting the police in law enforcement against perpetrators of the criminal act of misusing subsidized fuel.
Juridical Analysis Of Batam's Authority Of Bp On The Issuance Of Land Management Rights To New Rights Holders In Order To Realize Legal Certainty (Research Study At Batam Business Agency) Sang Darma Pusa; Darwis Anatami; Ramlan Ramlan; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.996

Abstract

The purpose of the study is to determine the legal regulation of the authority of the Batam Concession Agency (BP) on the issuance of land management rights for new rights holders, to determine the implementation of the authority of the Batam Concession Agency (BP) on the issuance of land management rights for new rights holders in order to realize legal certainty, to find out the constraint factors and solutions from the implementation of the authority of the Batam Concession Agency (BP) on the issuance of land management rights for new rights holders for the sake of Realizing Legal Certainty. This thesis research method is normative juridical (legal research) through literature study with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically. The results showed that according to legal arrangements, the Batam Concession Agency (BP) has special authority in terms of issuing land management rights in the Batam area. It shows Batam's strategic position and importance in the country's economic and investment map. BP Batam acts as the central authority in regulating and supervising the granting of land management rights to new rights holders, ensuring that the process is carried out in accordance with applicable rules and regulations. The exercise of authority by the Batam Concession Agency (BP) in issuing land management rights for new rights holders is a concrete effort to realize legal certainty in the Batam area. Through its authority, BP Batam ensures that every grant of land management rights is carried out based on the principles of transparency, and accountability, and in accordance with applicable regulations. It is important to ensure that new rights holders get their rights clearly and without ambiguity, so as to encourage investment and sustainable development in Batam. Exercising its authority over the issuance of land management rights, BP Batam faces a number of obstacles, including complicated bureaucracy, potential discrepancies between central and regional regulations, and inadequacy of competent human resources. These obstacles have the potential to hinder the achievement of legal certainty for new rights holders. To overcome this, intensification efforts are needed in bureaucratic reform, harmonization of regulations, and capacity building and training for BP Batam apparatus. With this solution, it is hoped that the process of issuing land management rights can run more efficiently, and transparently, and provide legal certainty expected by rights holders and investors in Batam. It is recommended that the central and local governments to continue to support BP Batam with policies that facilitate the procedure for issuing land management rights. BP Batam should develop a digital system for the issuance of land management rights that can simplify the process, increase transparency, and strengthen legal certainty for new rights holders. To establish a regular dialogue forum between BP Batam, new rights holders, and other relevant parties to identify and resolve obstacles that arise in real time.
Juridic Analysis Of The Overlapping Ground Problem Resulting From The Difference In Measurement (Research Study For A Free Trade Company And Batam Free Port) Fadhilah Muhamad Noor; Darwis Anatami; Dahlan Dahlan; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.997

Abstract

The earth is the most susceptible object to the issue, the many issues taking place today are due to the varying issues of society, one of which is the overlapping (overlapping) of the land as to the possession of the land floor. The study was done with the purpose of learning about the overlapping land disputes (overlapping) and the encountered obstacles and solutions in the offices of the free trade and Batam free port bodies. The study employs a sociological juxtapoc approach, the is approaches through current legal research, and links with existing facts in society, with analytical research specifications, as to the issues encountered in overlapping (overlapping) lands in the offices of the free trade and Batam free port bodies. In this study, the authors used primary types of data through interviews and field observations supported by secondary data of qualitative library studies. The study indicated that the settlement of land rights issues by mediating in the Office of the Free Trade Company and Batam Free Port had been consistent with the provision of a settlement of the problem carried out by the Office of the Free Trade and the Batam free port. As for the problem at hand, it is the absence of the parties involved and the good faith of the parties involved. As to overlapping (overlapping) ground (overlapping) as a result of loss of land/patent or a measurable system difference, the management of the free trade area and the Batam free port provided the problem with a revised image setting (PL) or a ground reduction reduction with a compulsory annual return on ground space (UWT).
Juridic Analysis Of An Old Village Overland Management Right (HPL) BP Batam (Research Study At Directorate Of The Batam Corporation Management Agency) Mulyo Hadi; Lagat Parroha Patar Siadari; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.998

Abstract

The study considers the status of the old village on the island of Batam over land management rights (HP l) bp batam), while its people have long inhabited even the land of generations. Thus giving status to the old village on the island of Batam was a protection to the people who settled in the old village. The study employs a sociological juxtological approach, which is approached through current legal research and links with known facts in society, using a descriptive-analytic method with a qualitative approach. There was a conflict of authority between BP Batam and the municipality of the old village administration, BP Batam considered the old village to be a part of management rights, and the Batam City considered the old village to be a tribal land because its adb people had first occupied the region before the management of the land and therefore required a certain legal certainty on the island of batam. This study shows that with the status of the old village on Batam island, there are expected to be measures or policies on the settlement of the old village status in Batam city, both from the mayor and from the establishment of the old village and from the Batam free port as the management authority of the Batam city, the existence of the old village and its residents in order to be sure The law.
Juridical Analysis Of Controlling Abandoned Land Of The National Land Agency In The Context Of Realizing Community Welfare (Research Study At The Land Agency Of Riau Islands Province) Deko Andesta; Erni Yanti; Ramon Nofrial; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.1010

Abstract

In order to maintain land quality and improve community welfare, rights holders, management rights holders, and basic holders of land control are expected to protect and maintain their land and not neglect it. The problem of this research is legal regulation, controlling abandoned land, and the legal consequences of controlling abandoned land by the National Land Agency in order to realize community welfare. The results of the research on abandoned land are land rights, land with management rights, and land obtained based on control over land, deliberately not cultivated, not used, not exploited, and/or not maintained which is regulated based on Government Regulation Number 20 of 2021 concerning Controlling Areas and Abandoned Land Controlling Areas and Abandoned Land. Controlling abandoned land by the National Land Agency in order to realize community welfare includes inventory of land indicated to be abandoned, supervision of inventory of land indicated to be abandoned, reporting of the results of the inventory of land indicated to be abandoned, as well as follow-up to the results of the inventory of land indicated to be abandoned; The legal consequence of controlling abandoned land by the National Land Agency in the context of realizing community welfare is for the owner of the rights to abandoned land, namely that the land rights will be canceled and result in the end of the land rights. Efforts to overcome control or ownership of abandoned land are closely related to existing land policies. The application of norms in their implementation is identical to the implementation of rights and obligations. The government should perfect or improve the regulations for controlling and utilizing abandoned land, especially regarding the concept/understanding of abandoned land and the criteria to be further clarified and simplify the mechanism for implementing control, starting with identification work by the task force; provide recommendations for identification results to the Regency/City assessment team, Regional Offices and even to the Minister who will make a determination that a plot of land is abandoned. This is recommended so that there are no differences in perception between officers in the field.
Juridical Analysis Of Human Rights Protection For Indonesian Migrant Workers Shipped Illegally : Research Study At The Riau Islands Police Directorate Salamun Salamun; Bachtiar Simatupang; Ramlan Ramlan; Soerya Respationo; Erniyanti Erniyanti
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1680

Abstract

This research focuses on "Juridical Analysis of Human Rights Protection of Indonesian Migrant Workers Sent Illegally (Research Study at the Directorate of Criminal Investigation of the Riau Islands Police)". The background of this study is based on the increasing number of cases of Indonesian migrant workers being sent illegally in the Riau Islands, a region that has an important role as an exit point for many migrant workers abroad. This reflects the urgent need to examine the extent of the effectiveness of the law and human rights protections provided to migrant workers. The purpose of this study is to analyze and evaluate the effectiveness of the implementation of human rights protection for illegally sent migrant workers, as well as to identify obstacles and solutions in the implementation of such protection by the Riau Islands Police Directorate of Criminal Investigation. This study uses normative and empirical juridical research methods, combining analysis of legal documents and in-depth interviews with stakeholders involved, including law enforcement officials, victims, and NGOs involved in migration issues. The results show that although there is a legal framework that includes the Migrant Worker Protection Law and the Human Rights Law, there are still weaknesses in its implementation. The main obstacles identified include limited resources, ineffective interagency coordination, and low legal awareness among migrant workers. Based on these results, the suggestions submitted include increasing the allocation of resources for the Directorate of Criminal Investigation to strengthen investigations and enforcement, improve the inter-agency coordination system, and increase education programs for the public about their rights as migrant workers. This advice is expected to help strengthen human rights protections for Indonesian migrant workers who are sent illegally.
Optimization And Existence Of The Role Of National Police Investigators In The Investigation And Investigation Of Corruption In Local Government Grant Spending : Research Study At The Riau Islands Police Directorate Suhendri Atmoko; Dahlan Dahlan; Ramlan Ramlan; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1681

Abstract

The crime of corruption in local government grant spending is a serious problem that has an impact on state losses and public trust in the government. This research focuses on optimizing and existing the role of National Police investigators in the investigation and investigation of corruption crimes at the Riau Islands Police Directorate of Criminal Investigation (Riau Islands). The background of this research is the importance of the role of the National Police in uncovering and eradicating corruption, as well as the challenges faced in its implementation. The purpose of this study is to identify the obstacles faced by National Police investigators and find optimal solutions to increase the effectiveness of investigations and investigations into corruption in local government grant spending. The research method used is a qualitative method with a case study approach. The data was obtained through in-depth interviews with investigators at the Riau Islands Police Directorate of Criminal Investigations, analysis of legal documents, and direct observation of the investigation and investigation process. Data analysis was carried out using triangulation techniques to ensure the validity and reliability of the findings. The results of the study show that National Police investigators face various obstacles, including limited human resources and technology, the complexity of corruption cases, political intervention, weaknesses in the internal supervision system, and a less supportive legal culture. The proposed solutions include increasing the capacity and competence of investigators through special training, procurement of advanced technology, increasing operational budgets, and strengthening cross-agency cooperation such as with the KPK and BPKP. In addition, adequate legal protection for investigators and reform of local government internal supervision are essential to ensure the independence and effectiveness of investigations. This study suggests that National Police investigators continue to improve their capacity and competence, the community actively participates in supervising the use of grant funds, and local governments strengthen the supervision and transparency system. With this holistic approach, it is hoped that the role of National Police investigators in eradicating corruption in local government grant spending can be optimized and its existence will be further strengthened.
Juridical Review of the Criminal Act of Car Theft by Rental Car Mode According to the Criminal Law (KUHP) Horas Sahatma Hatuaon; Soerya Respationo; Erniyanti Erniyanti
International Journal of Education and Literature Vol. 3 No. 2 (2024): August : International Journal of Education and Literature
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/ijel.v3i2.115

Abstract

Transportation is very important for our daily lives when we want to travel. Rental cars are one of the current solutions when we don't have a vehicle. However, the convenience provided by car rental is often misused by irresponsible parties. Starting from damaged returns, theft and embezzlement. The research carried out by researchers is Empirical Juridical legal research which is research that directly obtains data in the field. By doing research in the field, researchers will understand better and be able to find out more clearly the actual events related to the title of the research being studied. From the results of this research, the author can conclude that one of the modus operandi of embezzlement in the jurisdiction of the Riau Islands Regional Police is the crime of embezzlement and/or fraud and/or malicious assistance. This way the car is rented and then pawned to someone else without the knowledge of the original owner of the car. For this reason, the police have two efforts to overcome this, namely by preventive and repressive methods. The police's obstacles in uncovering cases are two factors, namely internal and external factors. The suggestions put forward in this research are the need to increase the budget in the context of investigating and investigating criminal acts of embezzlement of rental cars, providing education to car rental businesses to install GPS to increase car security and providing more telescopic services for rental cars.
Legal Analysis on the Seaworthiness of High-Speed Passenger Ships (HSC) and Challenges in Shipping Safety Supervision in the Waters of the Riau Islands: Research Study at Sekupang Domestic Port Jimmi Fernando Kriston Simatupang; Erniyanti Erniyanti; Ramlan Ramlan; Soerya Respationo
International Journal of Education and Literature Vol. 3 No. 2 (2024): August : International Journal of Education and Literature
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/ijel.v3i2.116

Abstract

This research is based on the importance of shipping safety to protect passengers, crew, and the maritime environment from high risk of accidents, especially on high-speed ships that have special operational characteristics. Legal arrangements related to HSC seaworthiness have been regulated in various national regulations such as Law Number 17 of 2008 concerning Shipping, Regulation of the Minister of Transportation Number PM 12 of 2022, as well as international conventions such as SOLAS, MARPOL, and STCW. However, its application in the field still faces various obstacles. This study aims to analyze the law regarding the seaworthiness of high-speed passenger ships (HSC) and challenges in the supervision of shipping safety in the waters of the Riau Islands, with a focus on the study at Sekupang Domestic Port, Batam City. This study uses normative juridical methods to analyze applicable laws and regulations and empirical sociological methods to explore field information through interviews and observations of related parties, such as port authorities, ship operators, and crew members at Sekupang Domestic Port. The results of the study show that the implementation of HSC seaworthiness in the waters of the Riau Islands is not optimal. The main obstacles include a lack of trained human resources, inadequate inspection facilities, weak law enforcement, ineffective inter-agency coordination, and low awareness and education on the importance of maritime safety. Based on these findings, it is recommended that the Batam Special KSOP improve the competence of inspectors and supervisors through a continuous training program. The government is expected to allocate a budget for investment in modern inspection facilities and equipment. In addition, the maritime community, especially operators and crew members, need to increase their awareness and understanding of shipping safety through active participation in education and training programs. With these efforts, it is hoped that the implementation of HSC seaworthiness can be more optimal, thereby improving shipping safety in the waters of the Riau Islands.