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Analysis Of Forest And Land Fire Prevention And Law Enforcement Strategies In The Riau Islands In An Effort To Deal With Environmental Crises and Economic Losses: Research Study In Bintan Regency Edy Supandi; Parameshwara Parameshwara; Darwis Anatami; Erniyanti Erniyanti; Soerya Respationo
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.v1i3.47

Abstract

Forest and land fires are a serious problem that has a negative impact on the environment and the economy, especially in the Riau Islands region, including Bintan Regency. The background of this research is the high frequency of forest fires that cause ecosystem damage, air pollution, and significant economic losses. This study aims to analyze the forest and land fire prevention and law enforcement strategies that have been implemented and identify obstacles in their implementation. The research method used is qualitative with a case study approach. The data was collected through in-depth interviews with law enforcement officials, forestry officers, and local communities, as well as analysis of documents related to forest fires in Bintan over the past few years. In addition, questionnaires were also distributed to get a broader perspective on the effectiveness of existing strategies. The results of the study show that although there have been various prevention efforts such as routine patrols, socialization, and the installation of prohibition signs, the effectiveness is still not optimal. The main obstacles identified include limited resources, lack of community participation, difficulty in identifying perpetrators, hard-to-reach terrain, and pressure from certain parties. The lack of resources such as personnel and equipment, as well as the low level of public awareness and participation in forest fire prevention, are the main factors hindering the effectiveness of these strategies. In addition, pressure from landowners or influential parties often hinders firm and fair law enforcement. Suggestions for improving the effectiveness of prevention and enforcement strategies include increasing the budget and capacity of officers, the use of advanced technology for monitoring and investigation, and education and empowerment of local communities. In addition, there is a need for increased coordination between agencies and legal protection for officers who face pressure in carrying out their duties. With a comprehensive and inclusive approach, it is hoped that forest and land fires in Bintan can be minimized, so that a more sustainable environment and a stable economy can be realized
Juridical Analysis Of The Mechanism Of Non-Conviction Based Asset Forfeiture In The Settlement Of Corruption Crimes Farida Wulandari; 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.v1i3.48

Abstract

Corruption is one of the major problems that hinder development and prosperity in Indonesia. In Batam City, the handling of corruption crimes is often not optimal, especially in the aspect of recovering illegally obtained assets. The Non-Conviction Based Asset Forfeiture (NCBAF) mechanism is one of the instruments that is expected to accelerate the process of recovering state losses without having to wait for criminal punishment. This research aims to assist in the regulation of NCBAF laws and standards in resolving corruption crimes in Batam City, as well as identify the obstacles faced and efforts that can be made to optimize their implementation. The research methods used are normative juridical and empirical juridical. The normative juridical approach is carried out by reviewing relevant regulations, including Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, as well as related literature. The empirical juridical approach is carried out through case studies and interviews with law enforcement officials in Batam City. The results of the study show that although the NCBAF has been regulated in the regulations, its implementation in Batam City still faces various obstacles, such as lack of coordination between law enforcement agencies, high standards of proof, unclear legal procedures, and limited resources and technical capacity of the apparatus. Examples of corruption in infrastructure assistance, embezzlement of social funds, and corruption in the procurement of goods and services show that assets suspected of originating from criminal acts often cannot be immediately confiscated and utilized by the state. To overcome these obstacles, this study suggests increased coordination between law enforcement agencies through the formation of special teams, the preparation of clear standard operating procedures (SOPs), intensification of training for law enforcement officials, increased international cooperation, and community campaigns to increase public awareness and support. With these steps, the NCBAF is expected to become a more effective instrument in eradicating corruption and recovering state losses in Batam City.
Juridical Review Of The Accountability Of The Port Authority and The Port Authority Office (KSOP) In The Evaluation System For The Implementation Of Guidance At The Port: Research Study On Batam Special KSOP Gahara Herawati; Erniyanti Erniyanti; Soerya Respationo; Bachtiar Simatupang; Darwis Anatami
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.v1i3.49

Abstract

This research is motivated by the importance of the role of KSOP in ensuring that ship guidance at the port is carried out in accordance with the set safety standards, as well as various obstacles that hinder the optimization of the implementation of these responsibilities. These obstacles include limited human resources, budgets, infrastructure, and ineffective coordination and communication. Research Objectives The purpose of this study is to analyze and evaluate the accountability of KSOP in the implementation of guidance at Batam City Port, identify the obstacles faced, and formulate efforts that can be made to overcome these obstacles. Research Methods This research uses normative juridical and empirical sociological methods. The normative juridical method is carried out through a literature study of the laws and regulations that regulate ship guidance and the responsibilities of KSOP. Meanwhile, empirical sociological methods are carried out through observation, interviews, and direct data collection from the Batam Special KSOP and other related parties. Research Results The results of the study show that the implementation of KSOP accountability in the implementation of guidance at the Port of Batam City has not run optimally. Obstacles faced include limited human resources, inadequate budgets, outdated infrastructure and technology, and lack of coordination and communication. In addition, awareness and compliance with safety procedures still need to be increased. Suggestions This study suggests increasing the recruitment and training of ship guides, optimizing budgets, modernizing navigation equipment and communication technology, simplifying regulations, and improving coordination and communication between related parties. With these steps, KSOP is expected to be more effective in supervising and ensuring the implementation of safe and efficient guidance at the Port of Batam City.
Juridical Review of Evidence of Land Eigendom Verponding in The Implementation of Land Acquisition in Indonesia : Judicial Analysis Of The Cassation Decision Number: 211/Pdt.G/2019/PN Amb Celine Tio; M Tartib; Erniyanti Erniyanti; Soerya Respationo
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.v1i3.56

Abstract

The land system is called eigendom land. However, the land system that uses western law is still considered to be out of sync with human rights and is also detrimental to society, so during Indonesia's independence, new regulations were issued that regulate the national land system. However, in reality, transmitting western law to national law is not easy, so several land disputes have arisen, one of which is the ex eigendom verponding land dispute which was tried at the Ambon City District Court with Supreme Court decision number: 211/Pdt.G/2019/PN Amb . Based on the description in this thesis, the issues that will be discussed are 1) How to regulate land law ex eigendom verponding. 2) How is the implementation related to land ex eigendom verponding. 3) What are the constraint factors and solutions related to ex eigendom verponding land. This research aims to analyze the position of the case, the suitability of the considerations of the Supreme Court judges as well as the strengths and weaknesses of the judges in deciding the verdict in this ex eigendom verponding land dispute case. This research applies normative legal research methods. The results of the discussion produced in this research found that the judge's reasons for rejecting the case application submitted by Lutfi Attamimi as a representative of PT. Maluku Building is in accordance with the facts and applicable law, but there are also several weaknesses in the judge's consideration of the land data evidence attached by the plaintiff, so that at the end of the decision it was concluded that the ex-eigendom Verponding land number 987 was not successfully reclaimed by the plaintiff due to the lack of the validity of the evidence and facts presented before the trial.
Juridical Analysis Of The Factors That Encourage Recidivism Of Narcotics Crimes : Research Study In Batam Class Iia Prison Muhammad Adi Putra; Erniyanti Erniyanti; Ramlan Ramlan; Soerya Respationo
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.v1i3.60

Abstract

The problem of recidivist narcotics is a significant complex issue in Indonesia, including in Batam Class IIA Prison. This phenomenon raises concerns because of its negative impact on society and social stability. This study aims to analyze the juridical factors that encourage recidivism of narcotics crimes and identify obstacles in the implementation of rehabilitation programs in Batam Class IIA Prison. The research methods used are normative juridical and empirical sociology. The normative juridical method is used to analyze various laws and regulations that are the legal basis for handling recidivism, such as Law Number 35 of 2009 concerning Narcotics. Meanwhile, empirical sociological methods are used to collect data through interviews and direct observations in the field to understand the implementation of rehabilitation programs and social factors that contribute to recidivism. The results of the study show that weaknesses in the criminal justice system, lack of post-release support, social stigma, and an unsupportive social environment are the main factors that encourage recidivists. A justice system that focuses more on punishment than rehabilitation leads to a lack of effective rehabilitation programs. Minimal post-liberation support, such as difficulty finding work and housing, also contributes to high rates of recidivism. Social stigma and discrimination exacerbate the condition of ex-convicts, hindering them from reintegrating into society. An unstable social environment, especially one with easy access to narcotics, is also a driving factor for recidivism. Based on these findings, this study provides several suggestions, including increasing the number and quality of professionals in the field of rehabilitation, adjusting skills training programs to be relevant to the needs of the job market, and closer cooperation between law enforcement agencies, the government, and the community in supporting the reintegration of former prisoners. It is hoped that these suggestions can help reduce recidivism rates and increase the effectiveness of the penitentiary system in Indonesia.
Juridical Analysis of Government Policies on Ownership of Rights to Flats: (Research Study In Kampung Utama, Batam City) Sisilia Sisilia; Soerya Respationo; Markus Gunawan; 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.v1i3.62

Abstract

The policy of ownership of the right to the flats is an important aspect in the arrangement of vertical housing in Indonesia, especially in dense urban areas such as Kampung Utama Batam City. The background of this research focuses on the complexity of ownership dualism between individual property rights over units and collective rights to common parts, common objects, and common land. Conflicts of interest and management problems often arise, hindering the optimal implementation of policies. The purpose of this study is to analyze the implementation of government policies on ownership of rights to apartment units in Kampung Utama Batam City, identify existing obstacles, and provide recommendations for improvement. The research method used is a normative juridical approach with case studies. Data was collected through analysis of legal documents, interviews with stakeholders, and field observations. The analysis was carried out using positive legal theory from John Austin to understand the existing legal framework, legal system theory from Lawrence M. Friedman to evaluate the interaction between legal structure, substance, and culture, and legal certainty theory from Sudikno Mertokusumo to assess the clarity and predictability of applicable laws. The results of the study show that although the policy has been well drafted in Law No. 20 of 2011 concerning Flats, its implementation in the field still faces various obstacles. Dualism of ownership, unclear certificate status, complex administrative procedures, and lack of legal socialization are some of the main problems found. Strengthening the role of the Flats Owners and Occupants Association (P3SRS), the use of digital technology for administrative procedures, and increased supervision and law enforcement were identified as solutions to overcome these obstacles. The suggestions provided include increased coordination between related agencies, active community participation in the management of flats, and simplification of administrative procedures by the government. More effective implementation is expected to provide better legal certainty and create a harmonious residential environment in Kampung Utama Batam City.
Legal Analysis of Providing Mortgage Rights Guarantee to Foreign Bank Creditors : A Study at the Land Office of Batam Utari Afnesia; Laily Washliaty; Ali Amran; Erniyanti Erniyanti; Soerya Respationo
International Journal of Humanities and Social Sciences Reviews Vol. 1 No. 3 (2024): August : International Journal of Humanities and Social Sciences Reviews
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijhs.v1i3.44

Abstract

This research aims to investigate and analyze legally the granting of mortgage rights guarantee to creditors, especially foreign banks (conducted at the Land Office of Batam). The method used is normative legal research utilizing library references and interviews with academic and practitioner experts as research subjects. This study is descriptive, systematically analyzing primary, secondary, and tertiary legal materials along with relevant facts. The conclusion of this research is that the granting of mortgage rights to foreign banks follows the procedures stipulated in Ministerial Regulation No. 5 of 2020 from the Ministry of ATR/BPN. The registration process for mortgage rights is conducted electronically, but foreign banks such as China Banking Corporation Limited must first register through the financial partner application. The main challenges in implementing electronic mortgage rights guarantee primarily stem from legal uncertainties regarding the registration of foreign creditors through the financial partner application managed by the Ministry. Additionally, there are technical challenges due to IT systems that are not yet fully prepared. Improving the quality of human resources is also necessary, given the constraints faced at the land office due to a shortage of personnel, while demand from the public and service users remains high.
Juridical Analysis Of The Use Of The Company's Shares As An Object Of Fiduciary Guarantee Natasya Ferena; Erniyanti Erniyanti; Markus Gunawan; Soerya Respationo
International Journal of Humanities and Social Sciences Reviews Vol. 1 No. 3 (2024): August : International Journal of Humanities and Social Sciences Reviews
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijhs.v1i3.50

Abstract

This study aims to analyze juridically the use of the company's shares as an object of fiduciary guarantee in Batam City. The background of this research is rooted in the need for a deep understanding of the effectiveness and security of the company's shares used as fiduciary guarantees, as well as their influence on legal certainty and local economic stability. In Indonesia, the use of shares as fiduciary guarantees is regulated by Law Number 42 of 1999 concerning Fiduciary Guarantees and Law Number 40 of 2007 concerning Limited Liability Companies, but the implementation of this law in the field often encounters various obstacles, especially in Batam City which is a strategic business center. This study uses a qualitative method with a document study approach, in- depth interviews, and field observations to collect data. The subject of this study involves notaries, fiduciary guarantee registration officials, investors, and business actors in Batam. The results of the study show that there are several significant obstacles in the implementation of the use of shares as an object of fiduciary guarantee, which include procedural complexity, variations in notary practices, and limited administrative infrastructure. Despite this, stocks are still a trusted and used instrument because of their liquidity and economic value. Based on these findings, suggestions include expanding education and training for notaries to improve understanding and thoroughness in the fiduciary guarantee administration process. The Batam City Government is advised to update and simplify related regulations to support efficiency and legal certainty. In addition, investments in information technology are needed to modernize the registration and document handling processes, which can increase the transparency and speed of the fiduciary assurance process.
The Role Of Sub-Districts In Running The Program Village Infrastructure Facilities (PSPK) As Form Of Public Service Delivery: Research Study in Bengkong District – Batam City Firdaus Firdaus; Fadlan Fadlan; Sayid Fadhil; Soerya Respationo; Erniyanti Erniyanti
International Journal of Humanities and Social Sciences Reviews Vol. 1 No. 3 (2024): August : International Journal of Humanities and Social Sciences Reviews
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijhs.v1i3.57

Abstract

The purpose of this writing is to discuss the issue of Legal Regulation and achievements and obstacles in the implementation of the Village Infrastructure Program (PSPK) as a form of public service implementation in Bengkong District. This is due to the overlap of regulations in the implementation of the Village Infrastructure Program activities, so it is necessary to know how the implementation of Batam City Regional Regulation Number 6 of 2021 concerning Community Empowerment-Based Development in Urban Villages and Batam Mayor Regulation Number 46 of 2022 concerning Guidelines for the Implementation of Facilities and Infrastructure Development Activities and Community Empowerment. To answer this problem, the author uses a methodology through a normative-empirical law research approach (applied law research), with data collection methods through observation and questionnaires Using a normative-empirical legal case study in the form of a legal behavior product, the subject of the study is the implementation or implementation of positive legal provisions, the results of this study show that the implementation of the Village Infrastructure Program (PSPK) in Bengkong District has not been implemented optimally, as well as many factors that hinder the implementation process, such as the lack of coordination between vertical agencies, resulting in overlapping regulations in its implementation. The implications are a). So that the Bengkong District Government re-socializes the Village Infrastructure Program (PSPK) to the community b). In order for the sub-district government to further improve coordination with vertical agencies regarding the implementation of Village Infrastructure Program (PSPK) activities. c). For the Bengkong District Government to make a proposal for an agreement with vertical agencies in proposing development through one sub-district door so that there is no overlap of rugals and budget waste.
Analysis Of The Effectiveness Of The Implementation Of Government Regulation Number 62 Of 2019 On The Head Of The Batam Business Agency (BP) Ex Officio By The Mayor Of Batam In The Implementation Of Regional Government Yunita Intan Tari; Soerya Respationo; Erniyanti Erniyanti
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.151

Abstract

Batam as an industrial area which development is carried out by the Batam Island Industrial Area Development Authority agency, has also been expanded into an autonomous region which later give birth to the Batam City Government. The existence of these two government agencies then creates problems in the management of Batam City in the form of overlapping / dualism of authority. To overcome this problem, the government then issued a new breakthrough by setting the Head of the Batam Concession Agency to be held ex-officio by the Mayor of Batam in the hope that the implementation of his duties and authority would be more effective. Therefore, the purpose of this thesis research is first, the implementation of the Mayor of Batam ex Officio Head of Business Agency. Second, the ideal arrangement for the relationship between the Batam City Government and the Business Agency and third, obstacles in the implementation of ex officio. This type of research can be classified into the juridical sociological research type, because it wants to see the correlation between the law and what happens in the field so as to reveal the effectiveness of the law's application. With the research location located at the Batam Concession Agency and the Batam City Government. This research uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by means of interviews, questionnaires and literature review. From the study, there are three main points that can be concluded. First, the Mayor of Batam, Muhammad Rudi, succeeded in implementing the central government's decision regarding the position of Head of the Batam Business Agency, concurrently ex-officio by the Mayor of Batam. Second, it is necessary to study Government Regulation Number 41 of 2021. and third, social problems, such as illegal houses, unemployment, crime, and others, arise as a result of inequality, public policy, inability to compete and others. As for the advice from the author; First, the need for Human Resource governance to support the duties and functions of each work unit Second, the need to re-assess/test the material of government regulation number 41 of 2021 and third, the need to develop IT innovation in the context of improving services and reporting.