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Legal Analysis of Consumer Protection Towards Passenger Safety in Sea Transportation: Research Study at Sekupang Domestic Port, Kepri Firman Firman; Darwis Anatami; Bachtiar Simatupang; Erniyanti Erniyanti; 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.v3i2.117

Abstract

The background of this research is the high risk of accidents in the marine transportation sector that threatens passenger safety, as well as the need for an in-depth analysis of the effectiveness of existing regulations in protecting consumers. This study aims to find out and analyze the legal regulations for consumer protection for passenger safety in sea transportation, evaluate the implementation of relevant laws and regulations, and analyze consumer protection barriers to passenger safety in sea transportation. The research methods used are normative juridical and empirical sociology. Normative juridical research is carried out by analyzing applicable laws and regulations, including Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002. An empirical sociological approach is carried out through interviews and direct observation at the Riau Islands Sekupang Domestic Port to understand the implementation of regulations and safety perceptions among passengers and shipping business actors. The results of the study show that the legal regulation of consumer protection is regulated in Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002, even though safety regulations have been stipulated that consumer protection is still not running optimally. The main obstacles include limited resources, non-compliance of business actors, and inadequate infrastructure. Ineffective supervision and law enforcement are also the main inhibiting factors. To overcome these obstacles, it is recommended to increase resources and facilities, stricter law enforcement, and increase safety awareness and education among passengers and crew. The government also needs to increase investment in port infrastructure and strengthen coordination between relevant agencies.
Legal Analysis Of Marine Inspector's Duties and Responsibilities in Conducting Ship's Seaworthiness Tests : Research Study on Batam Special KSOP Meilen Yudi Lumantow; Soerya Respationo; Bachtiar Simatupang; Erniyanti Erniyanti
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 2 No. 4 (2024): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v2i4.939

Abstract

The importance of the role of Marine Inspectors in ensuring the safety and security of shipping through ship seaworthiness tests, which are regulated in various laws and regulations. However, the implementation of the duties and responsibilities of the Marine Inspector at the Batam Special KSOP still faces various obstacles that affect the effectiveness and efficiency of ship inspections. The purpose of this study is to analyze juridically the duties and responsibilities of the Marine Inspector in conducting a shipworthiness test at the Batam Special KSOP, identify the obstacles faced, and provide suggestions to overcome these obstacles. The research method used is a normative juridical method with an analytical descriptive approach, which involves the study of legal documents, as well as empirical juridical with case analysis, and interviews with related parties at the Batam Special KSOP. The results of the study show that Marine Inspectors at the Batam Special KSOP have a very crucial role in maintaining shipping safety, but they face significant obstacles such as limited human resources and equipment, lack of continuous training, and suboptimal coordination between agencies. Low compliance from ship owners and operators is also a major challenge in carrying out their dutie. Suggestions for addressing these obstacles include increasing the number and competence of Marine Inspectors through ongoing recruitment and training, investing in modern equipment and digital technology, and improving inter-agency coordination through the establishment of regular coordination forums. In addition, strict law enforcement against violations of safety standards and increased education and socialization to ship owners and operators are expected to increase compliance and awareness of the importance of shipping safety. With the implementation of these measures, it is hoped that Marine Inspectors can carry out their duties more effectively, so that the safety and security of shipping in Batam City can be guaranteed and improved.
Juridical Analysis of The Role of The Sea and Coast Guard in Improving Maritime Security and The Environment: Research Study at The Tanjung Uban Class II Marine and Coast Guard Base Office Benyamin Ginting; Erniyanti Erniyanti; Darwis Anatami; Soerya Respationo
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 2 No. 4 (2024): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v2i4.944

Abstract

Maritime security and environmental protection in Indonesian waters, especially in Tanjung Uban, are strategic issues considering the high level of shipping activities and potential threats to marine ecosystems. This study focuses on the juridical analysis of the role of the Marine and Coast Guard Unit (KPLP) in improving maritime security and environmental protection, with a case study at the Tanjung Uban Class II Marine and Coast Guard Base. The purpose of this study is to evaluate the effectiveness of the implementation of the duties and functions of the KPLP based on the existing legal framework, identify the obstacles faced, and provide recommendations to improve the performance of the KPLP. The research method used is a qualitative approach with descriptive analysis, including document studies, field observations, and interviews with related parties. The results of the study show that although KPLP Tanjung Uban has a strong legal foundation, the implementation of their duties and functions is still not optimal. The main obstacles include limited resources such as adequate personnel and equipment, lack of continuous training which results in low personnel competence, and ineffective coordination with related agencies such as the Indonesian Navy and Bakamla. The low awareness and compliance with safety and environmental regulations among maritime industry players also exacerbates the situation. Based on these findings, this study provides several suggestions. For KPLP, an increase in the budget is needed for the procurement of resources and equipment, as well as continuous training for personnel. For the public, especially ship owners and other users of waters, it is important to increase awareness and compliance with maritime and environmental regulations through active participation in education and socialization programs. Meanwhile, the government must strengthen coordination between relevant agencies through the establishment of regular coordination forums and integrated information systems, to ensure better synergy in surveillance, law enforcement, and emergency response in the waters of Tanjung Uban. This research is expected to make a significant contribution to improving maritime security and environmental protection in Indonesia, as well as becoming a reference for the development of more effective policies and strategies in the management of water areas
Legal Analysis of The Role of Notaries in The Drafting of Financing Agreement Deeds Based on Sharia Principles At PT. Bank Syariah Indonesia Batam Branch Office Bayang Maneshakerti; Laily Washliati; Muhammad Tartib; Soerya Respationo; Erniyanti Erniyanti
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 2 No. 4 (2024): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v2i4.945

Abstract

In every transaction or agreement they observe, notaries are crucial in guaranteeing adherence to sharia rules. It is essential for notaries to comprehend sharia principles in muamalah (business transactions) in order to perform their duties responsibly and in compliance with applicable legal rules. Muamalah based on sharia principles addresses a number of topics, including justice, openness, unity, and adherence to Islamic legal norms. To determine if a transaction or agreement complies with the relevant sharia principles, notaries must comprehend and internalise these principles. This research aims to find out, analyse and explain in depth the role of notaries in making financing agreement deeds based on sharia principles, so that they can contribute to the development of Islamic banking law and notaries in Indonesia, and analyse and explain comprehensively the responsibilities of notaries both civilly, criminally, and administratively for the sharia financing agreement deeds they make, so that they can contribute to the legal protection of the par. This research uses a type of legal research that is Normative as well as Sociological (empirical). The findings revealed that the role of the Notary in the application of Sharia principles in contract deeds at Bank Syariah Indonesia KC Batam is not overly dominant, because the Notary's role is essentially limited to legalising the contract, while the bank determines the contract's content entirely. The notary bears accountability for the Sharia Financing Agreement deed and must read and comprehend its contents. With this reading, the notary can also amend any inaccuracies in the deed's contents. The Notary will refuse to legalise the deed if it violates the law, public order, or decency. The constraints of the absence of Notary competencies that are in accordance with and fulfill sharia provisions, make not all Notaries who are partners of Islamic banks lack understanding of sharia principles.
Legal Analysis Of Handling The Criminal Acts Of Circulation And Use Of Counterfeit Rupiah Curriculum : Research Study At The Kepri Regional Police Panca Gunawan Harefa; Fadlan Fadlan; Parameshwara Parameshwara; Soerya Respationo; Erniyanti Erniyanti
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 2 No. 3 (2024): August : International Journal of Education, Language, Literature, Arts, Cultur
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v2i3.955

Abstract

This thesis discusses the handling of criminal acts of using and circulating counterfeit rupiah banknotes, with a focus on law enforcement efforts by the Riau Islands Regional Police. This research is motivated by the increasing cases of counterfeit rupiah banknotes in the Riau Islands which cause significant losses to the community and threaten regional economic stability. The main objective of this study is to analyze the effectiveness of law enforcement carried out by local police, as well as to identify and overcome obstacles faced in the process. The research method used is a qualitative approach, with data collection techniques through in-depth interviews, participatory observations, and documentation studies. The sample of this study consisted of police officers, legal experts, and victims of counterfeiting money. Data analysis was carried out using content analysis techniques to interpret the collected data, based on the framework of the theory of legal certainty from Sudikno Mertokusumo, the theory of legal systems from Lawrence M. Friedman, and the theory of Crime Prevention Through Environmental Design (CPTED). The results show that law enforcement against rupiah counterfeiting in the Riau Islands faces several major obstacles, including limited resources, inter-agency coordination problems, and a lack of adequate training for law enforcement officers.The suggestions resulting from this study include increasing the allocation of resources, both in the form of equipment and training for officers, as well as strengthening cooperation between institutions involved in law enforcement, to increase effectiveness in identifying, preventing, and cracking down on the crime of using and circulating counterfeit money.
Juridical Analysis Of The Responsibilities Of Notaries In Making Deeds Of Statement Of General Meeting Decisions Shareholders Of Limited Liability Companies Novalina Estetika Sinaga; Laily Wahliati; Markus Gunawan; Erniyanti Erniyanti; Soerya Respationo
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 2 No. 4 (2024): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v2i4.956

Abstract

Notaries must pay attention in detail that the recipient of the power of attorney is indeed a representative of the Limited Liability Company (PT) concerned who is authorized and has the ability to make the deed.9 The form of the PKR is a notarial deed, but the deed is the result of a meeting decision made by the minutes under hand. Based on Article 21 Paragraph (4) of the UUPT which states that it is permissible for a PKR deed to be made by a notary in the form of an authentic deed. If there is a formal defect in the deed, the deed only has the force of evidence like a private deed if the parties sign the deed. In accordance with Article 21 Paragraph (4) of the UUPT. The conclusion is a limited liability company, hereinafter referred to as a company, is a legal entity which is a capital association, established based on an agreement, carrying out business activities with authorized capital which is entirely divided into shares and fulfilling the requirements stipulated in the law and its implementing regulations. This definition is based on the provisions of Article 1 number (1) of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Verification of Authority, Notary must ensure that the limited company meeting is attended by parties authorized to represent the company. This includes checking the validity of the power of attorney or other documents showing the authority of the parties present at the meeting. Parties' Lack of Understanding of Legal Procedures and Obligations.
Beyond Confinement: A Legal Exploration of the Rights of Vulnerable Groups in the Indonesian Correctional System Sianturi, Tony Budianto; Fadlan; Ramon Nofrial; Erniyanti; Soerya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.63

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The Indonesian correctional system, while tasked with upholding justice, grapples with the challenge of safeguarding the rights of vulnerable groups within its confines. This study delves into the legal framework and practical realities concerning the rights of these groups, encompassing women, children, the elderly, and individuals with disabilities, within the Indonesian prison system. The research employs a hybrid methodology, integrating normative legal analysis with empirical insights gleaned from interviews and case studies. The normative legal analysis scrutinizes pertinent laws, regulations, and international human rights instruments to gauge the extent of legal protection afforded to vulnerable groups in the correctional context. The empirical component, through interviews with correctional officers, inmates, and legal experts, sheds light on the lived experiences of these groups and the practical implementation of their rights. The study reveals a complex interplay between legal provisions and ground realities. While Indonesian law enshrines the rights of vulnerable groups, their actualization within the correctional system faces formidable obstacles. Overcrowding, inadequate healthcare, and limited access to rehabilitation programs disproportionately impact these groups, hindering their reintegration into society. In conclusion, our study underscores the imperative of bridging the chasm between legal safeguards and their practical implementation. It advocates for targeted interventions, including enhanced healthcare provisions, specialized rehabilitation programs, and heightened sensitivity training for correctional staff, to ensure the holistic well-being and successful reintegration of vulnerable groups within the Indonesian correctional system.
Balancing Development and Community Rights: Legal and Policy Frameworks for Land Conflict Resolution in Batam, Indonesia Tampubolon, Sahat Maruli Tua; Lagat Paroha Patar Siadari; Ramon Nofrial; Erniyanti; Soerya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.64

Abstract

The rapid development of Batam, Indonesia, as a Special Economic Zone (SEZ) has led to significant land conflicts between the state, developers, and local communities. The existing legal and policy frameworks have been criticized for prioritizing economic growth over community rights, leading to forced evictions, inadequate compensation, and social unrest. This study aims to analyze the legal and policy frameworks governing land conflict resolution in Batam and propose recommendations for balancing development and community rights. The research employs a qualitative approach, combining legal and policy analysis with empirical data collected through interviews with key stakeholders, including government officials, community leaders, and legal experts. The study examines relevant laws, regulations, and policies related to land acquisition, compensation, and dispute resolution in Batam. The findings reveal several shortcomings in the current legal and policy frameworks, including a lack of transparency and participation in decision-making processes, inadequate compensation mechanisms, and limited access to justice for affected communities. The study also highlights the power imbalance between the state, developers, and communities, which often leads to the marginalization of community rights. The study concludes that balancing development and community rights in Batam requires a comprehensive reform of the legal and policy frameworks. The recommendations include strengthening community participation in decision-making processes, ensuring fair and adequate compensation, and improving access to justice for affected communities. The study also emphasizes the need for greater transparency and accountability in land acquisition and development processes.
From Patrilineal Tradition to Gender Equity: The Evolution of Inheritance Law in Indonesia’s Batak Toba Community Silalahi, Dwi Grace Rosalia; Lagat Parroha Patar Siadari; Fadlan; Erniyanti; Soerya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.66

Abstract

The Batak Toba community in Indonesia, traditionally governed by a patrilineal kinship system, has historically excluded women from inheritance rights. This deeply ingrained custom has perpetuated gender inequality within the community. However, the landscape of inheritance law has undergone significant transformation due to the influence of national legislation and landmark court rulings. This study explores the dynamic evolution of inheritance practices among the Batak Toba, tracing the shift from a patriarchal tradition to a more equitable system that recognizes the rights of women. This research employs a qualitative approach, combining legal analysis with empirical data gathered through interviews and case studies within the Batak Toba community. The study examines customary laws, national legislation, and judicial decisions to understand the legal framework governing inheritance. Additionally, it delves into the lived experiences of individuals within the community to capture the social and cultural dimensions of inheritance practices. The findings reveal a gradual but significant shift in inheritance practices among the Batak Toba. While the patrilineal tradition remains influential, there is growing recognition of women's inheritance rights. This change is attributed to several factors, including increased education, economic empowerment of women, and greater awareness of gender equality principles. The study also highlights the role of legal reforms and judicial activism in challenging discriminatory customary laws and promoting a more inclusive approach to inheritance. The evolution of inheritance law in the Batak Toba community reflects a broader societal transformation towards gender equity. While challenges persist, the study underscores the importance of continued legal reforms, community engagement, and education to ensure the full realization of women's inheritance rights. The findings offer valuable insights for policymakers, legal practitioners, and community leaders working towards a more just and equitable society.
Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty: Research Studies at Tanjung Pinang Resort Police Christhopher Theodore Nathanael; Darwis Anatami; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti
International Journal of Social Science and Humanity Vol. 1 No. 3 (2024): September : International Journal of Social Science and Humanity
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijss.v1i3.46

Abstract

Children are a mandate and a gift from God Almighty who has inherent dignity and worth as a whole human being and at the same time is the heir and shaper of the nation's future. The research method used is the Normative Juridical method with an Empirical Sociological approach. By using Primary and Secondary Data through interviews and observations. A part from that, the author uses secondary data through the library. As an analytical tool the author uses Grand Theory (Law enforcement theory) Middle Theory (Legal System Theory) and Applied Theory (Relative theory) This study aims to find out the legal arrangements for the crime of theft by minors to realize Legal certainty, to find out the implementation of law enforcement for the crime of theft by minors to realize Legal certainty and to find out the obstacles/obstacles and solutions in law enforcement of theft by minors to realize legal certainty. Legal Arrangements for the Crime of Theft by Children to Achieve Legal Certainty, Research Studies at Tanjung Pinang Resort Police are in accordance with the prevailing laws and regulations. Implementation of Law Enforcement for the Crime of Theft by Children To Realize Legal Certainty, Research Studies at the Tanjungpinang Resort Police have been going well but in fact, children are still found in the field who commit the Crime of Theft every year, it has increased, especially in the Tanjung Pinang, Archipelago, this is seen from the level of law enforcement factors against children who are in conflict with the law in Tanjung Pinang, for this reason, the performance of the TanjungPinang Police is needed to prevent the crime of theft committed by children