Claim Missing Document
Check
Articles

Criminological Review of Efforts to Counter Terrorism Crimes by Involving Civil Society: Research Study in Riau Islands Province Andry Yosep Manalu; Dahlan Dahlan; Darwis Anatami; Soerya Respationo; Erniyanti Erniyanti
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.152

Abstract

This research is motivated by the increasing threat of global terrorism and the importance of the role of civil society in the prevention and countermeasures of terrorism crimes. In Riau Islands Province, civil society involvement in security still faces various obstacles, including a lack of awareness, fear of reprisals, and a lack of resources, all of which have an impact on the effectiveness of counterterrorism efforts. The purpose of this study is to analyze the participation of civil society in counterterrorism efforts in the Riau Islands, identify the obstacles faced, and provide suggestions for increasing community involvement. The research method used is qualitative with a case study approach. Data is collected through in-depth interviews, observations, and analysis of documents related to security policies. Respondents included security forces, NGO activists, and civil society members involved in security initiatives. The results show that despite the recognition of the importance of community involvement, there are still shortcomings in the implementation of effective programs. These shortcomings include a lack of training, a lack of protection for whistleblowers, and a lack of resources. These barriers limit the active participation of the community in terrorism prevention and countermeasures activities. Based on the results of the study, it is recommended that the government increase the allocation of resources for community participation programs, develop safe and anonymous reporting mechanisms, and conduct extensive education and socialization programs to increase public awareness and skills in identifying and reporting suspicious activities. Security forces must also strengthen relations with civil society through more open communication and confidence-building
Juridical Analysis Of The Settlement Of Defaulted Debtors With Fiduciary Guarantees At PT Mitra Gadai Kepri In Batam City Tonny Tonny; Ali Amran; Tartib Tartib; Erniyanti Erniyanti; Soerya Respationo
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.157

Abstract

PT Mitra Gadai Kepri is one of the Private Pawnshops in Batam City which is licensed by OJK to provide financing products. However, the business of financing activities carried out often occurs Default, especially with Fiduciary Guarantees. Based on the description in this thesis, the problems to be studied are: 1)How is the Legal Arrangement Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. 2)How is the Implementation Related to the Settlement of Debtor Default with Fiduciary Guarantee at PT Mitra Gadai Kepri Partner in Batam City. 3)What Factors are the Obstacles / Constraints and Solutions Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. The method in this research is Normative Legal research supported by empirical research. Therefore, the Legislation and Conceptual approach will be carried out. Used in data collection in this research with Interviews and Literature Studie. The results of the study concluded that consumers who default with fiduciary guarantees due to low understanding of financial literacy. As well as not knowing the existence of regulations governing the protection of consumers and the public in the Financial Services Sector in resolving defaults with fiduciary guarantees. Suggestions in this study are that the OJK and Financial Services Business Actors must increase Financial Literacy and Inclusion in the wider community and include the government in eradicating illegal financial services. Financial Services Business Actors must analyze the ability to pay prospective customers in order to minimize defaults, especially with fiduciary guarantees and must resolve defaults in accordance with applicable regulations. And an appeal to the public to be wiser and more selective in choosing financial service products and institutions that provide these services.
Analysis Of Defaults In Employment Based Contract Agreements The Value Of Justice Nabila Gelasia Herta Ananda; Darwis Anatami; Fadlan Fadlan; Erniyanti Erniyanti; Soerya Respationo
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.161

Abstract

Through Law Number 11 of 2020 concerning Job Creation and its derivative PP Number 35 Thuan 2021 concerning PKWT, Outsourcing, Working Time and Rest Time and Termination of Employment Relations is the crystallization of various laws regarding Employment. which, philosophically, does not provide guarantees and protection for workers' rights. Methodologically, this research is an empirical juridical research using a combined approach method which is carried out by analyzing the research explanation in an inductive way leading to a deductive method so as to help the author explain the relationship between research variables and research objects. The results of this research found that there are many deficiencies in Law Number 13 of 2003 concerning Employment, such as the absence of legal protection or workers who are in non-standard work relationships, gender discrimination, wages, lack of social security, leave rights and other rights, partial revision What the Job Creation Law does to the Employment Law Number 13 of 2003 actually creates new problems that have a negative impact on worker protection, the rules governing employment now, so that if you look closely at the revised and deleted articles, it appears that The spirit of the law does not at all touch on efforts to increase worker competency, even though in reality, in Pancasila industrial relations, worker protection is a form of government responsibility. So it is hoped that a legal political policy between the DPR and the government will make changes to Article 66 paragraph (2) of Law Number 3 of 2023 concerning the Determination of Perpu Number 2 of 2022 into the Job Creation Law and PP Number 35 of 2021 concerning Specific Time Work Agreements , Outsourcing, Working Time and Rest Time, and Termination of Employment Relations, so that it can be seen more clearly how the protection of workers/laborers, wages, welfare, and protection of the special rights of outsourced workers, especially outsourced workers, must ensure greater legal protection so that the working atmosphere can become better and more conducive and neither party feels disadvantaged
Juridical Analysis Of Dispute Resolution In Online Arisan Agreements (Verdict Number 12/Pdt. G/2020/PN. Tpg) Muhammad Rinaldi; Bachtiar Simatupang; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.172

Abstract

In today's modern era, all activities are beyond what is called technological progress, social media is now not only a medium to communicate but can also be a medium that can do investment activities. Man is called a creature homo economics (mahkluk ekonomi). This term is then now understood by most people with the meaning of a creature whose primary purpose in life is to seek profit. With the development of this era all investment activities can be done easily based on digital social media or online, one of the investment activities that can be made with online is online earnings, earnings in general is the activity of collecting money in groups formed by a member then determined how many times in a day or a week spend a month in such collection. after the money is collected then it is determined who will get the first number lottery to the end. With the development of this era online arisan activities are now also not only supported by adults but also by young people, for young people online Arisan becomes an investment choice because of the mechanisms that are quite easy, efficient, and encouraging, but not a little maintenance of this online aryan runs smoothly one of the cases of disadvantage against online arsan. The aim of this study is to find out the conclusion of a misconduct in an online arisan agreement between Umi Barokah (claimant I), Susanti (claimed II), Fransisca Irene Miranda Putty (claimer III), Erfira Meyer (claimsant IV) and the accused namely Anggie Nadia under Judgment No. 32./Pdt.G/2020/PN. Tpg. Based on the research used, the specifications of the research are descriptive. Juridical-normative, legislative, informal, and case approaches. Data collection techniques used are document studies and literature studies, with methods of data analysis normative-qualitative. Based on the results of the analysis of the settlement of non- performance in the online derivative agreement in the judgment No. 12/Pdt.G/2020/PN. Tpg, the judge's assembly rejected the petitioners' claims in its entirety because they did not meet the subjective conditions of the agreement, and the objective valid condition of an agreement is that there is no particular thing, and cause is not legal that is contrary to the law.  
Analysis of The Effectiveness of Visum Et Repertum Examination on Unidentified Corpses in the Criminal Investigation Process: Research Study at Bhayangkara Batam Hospital, Riau Islands Police Syaiful Azwir; Soerya Respationo; Erniyanti Erniyanti
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.141

Abstract

The background of this research is the importance of the Visum et Repertum (VeR) examination in identifying victims and determining the cause of death, especially in cases of unidentified corpses that are often found in the Riau Islands area. Proper and accurate VeR checks are vital to support the criminal investigation process, provide justice for victims and their families, and maintain the integrity of the criminal justice system. The purpose of this study is to analyze the effectiveness of the VeR examination conducted at Bhayangkara Batam Hospital in assisting victim identification and supporting criminal investigations. The study also aims to identify the obstacles faced in the examination process and provide suggestions to improve its effectiveness. The purpose of this study is to analyze the effectiveness of the VeR examination conducted at Bhayangkara Batam Hospital in assisting victim identification and supporting criminal investigations. The study also aims to identify the obstacles faced in the examination process and provide suggestions to improve its effectiveness. The research method used is normative juridical with an empirical juridical approach at Bhayangkara Batam Hospital. The data was collected through in-depth interviews with forensic doctors, police investigators, and analysis of VeR documents and reports. The data obtained were analyzed using positive law theory from John Austin, legal system theory from Lawrence M. Friedman, and evidentiary law theory. The results showed that although the VeR examination at Bhayangkara Batam Hospital was generally effective, although there were several obstacles that affected the quality and speed of the examination, such as limited resources, medical personnel skills, and the condition of the corpses that were often decomposed. Suggested efforts to overcome these obstacles include improving forensic medical facilities and equipment, ongoing training for medical personnel, implementing standard protocols, and increasing cooperation between related agencies. Suggestions include the need for governments to invest more in forensic infrastructure, the importance of public education on missing persons reporting, and the need for increased collaboration and integrated training for investigators and forensic experts. With the implementation of these suggestions, it is hoped that the effectiveness of VeR examinations can be improved, thereby supporting criminal investigations in a more efficient and fair manner.
Juridical Analysis Of The Effectiveness Of The Role Of The Port Authority and Port Authority Office (KSOP) In The Supervision Of Port Security and Safety In Indonesia: Batam Special KSOAP Office Research Study Yuzirwan Nasution; Erniyanti Erniyanti; Ramlan Ramlan; Soerya Respationo
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.149

Abstract

The importance of the role of KSOP in ensuring the security and safety of ports in Indonesia, especially in Batam, which is one of the main ports in Indonesia. Batam Port has dense activities and has the potential to pose various security and safety risks. Therefore, the effectiveness of supervision by KSOP is crucial to prevent incidents that can harm many parties. The purpose of this study is to analyze the effectiveness of the role of KSOP in the supervision of port security and safety in the Batam Special KSOP area and identify the obstacles faced and efforts that can be made to overcome them. The research methods used are normative juridical and empirical juridical approaches with qualitative analysis. Data was obtained through the study of relevant laws and regulations, as well as interviews with related parties at KSOP Batam. The results of the study show that although KSOP Batam has tried to carry out supervision well, there are several obstacles that reduce its effectiveness. These obstacles include limited human resources and facilities, lack of coordination between agencies, weaknesses in law enforcement, and low awareness and compliance with safety regulations. In addition, challenges in technology and infrastructure also affect the effectiveness of surveillance. Based on these findings, this study provides several suggestions to increase the effectiveness of the role of Batam KSOP. First, increasing the number and quality of human resources through periodic training and certification. Second, strengthen coordination between related agencies through the establishment of an integrated command center. Third, improve the supervision and law enforcement process by implementing stricter and more transparent standards. Fourth, increasing awareness and compliance with safety regulations through continuous education campaigns. Finally, optimizing the use of modern technology and infrastructure to support more efficient and effective surveillance. With the implementation of these suggestions, it is hoped that KSOP Batam can significantly improve the safety and security of the port.
Legal Analysis Of The Impact Of Debtor Bankruptcy On Bank Credit Payment Performance (Research Study At Bri Batam Branch Office) Ardyansyah Yacob; Erniyanti Erniyanti; Bachtiar Simatupang; Soerya Respationo
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.158

Abstract

Debtor bankruptcy is a critical issue that has a significant impact on the performance of credit payments in the banking sector, especially at the BRI Batam Branch Office. This study aims to analyze the juridical impact of debtors' bankruptcy on credit payment performance in BRI Batam, focusing on the direct influence of bankruptcy on bank liquidity, asset quality, and bank operations. In the legal context, debtor bankruptcy is regulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which provides a framework for the bankruptcy process and its settlement. The research method used is normative juridical, with a case approach to collect empirical data from the BRI Batam Branch Office. Data was collected through interviews with bank management, analysis of bankruptcy documents, and literature review related to bankruptcy laws and regulations. Data analysis was carried out in a descriptive analytical way to understand the legal implications and operational impact of debtor bankruptcy on credit payment performance.The results of the study show that debtor bankruptcy significantly affects the liquidity and credit payment performance in BRI Batam, with direct consequences in the form of an increase in bad loans and a decrease in interest income. Delays in legal proceedings and asset liquidation also add to the bank's operational burden. Based on these findings, it is recommended that BRI Batam should improve its credit risk monitoring system and adopt a more effective risk management strategy to anticipate and overcome potential bankruptcy. The government is expected to accelerate the legal process related to bankruptcy to minimize the negative impact on the banking sector and the economy as a whole.
Juridical Analysis Of The Authority Of Quarantine Investigators In Handling Cases Of Animal Entry That Have Exceeded The Entry and Exit Points In Batam City: Research Study At The Quarantine Of Animals, Fish, And Plants Office In The Riau Archipelago At Hang Nadim And Telaga Punggur Service Units Edy Chandra Zebua; Dahlan Dahlan; Sayid Fadhil; Soerya Respationo; Erniyanti Erniyanti
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.159

Abstract

Violations of quarantine regulations in Batam City continue to occur to this day. Despite the enactment of Law No. 21 of 2019 concerning Animal, Fish, and Plant Quarantine, which replaced Law No. 16 of 1992 on the same subject and introduced stricter criminal sanctions for violations, there has still not been a deterrent effect on those bringing prohibited items without meeting quarantine requirements. This research addresses how the authority and implementation of quarantine investigators' powers are regulated in handling cases of animal entry that have bypassed the designated import and export points in Batam City, what obstacles or challenges quarantine investigators face, and the solutions at the Animal, Fish, and Plant Quarantine Office of the Riau Archipelago at the Hang Nadim and Telaga Punggur Service Units. The research method combines normative legal research with empirical sociological approaches, utilizing both inductive and deductive methods to analyze and clarify the relationship between research variables and the research object. This approach aims to provide a comprehensive understanding that benefits readers, particularly future researchers and academics. The findings reveal ongoing uncertainty among quarantine investigators in enforcing quarantine regulations in Batam City. This issue arises from differing interpretations of Law No. 21 of 2019 among quarantine officers and the shortage of human resources, which affects investigators' focus on legal enforcement actions, including criminal sanctions. In Batam City, the resolution of quarantine regulation violations prioritizes the philosophy of "ultimum remedium" where punishment is seen as a last resort. Administrative sanctions for quarantine violations include quarantine detention, rejection, and/or destruction of the violating items.
Juridical Analysis Of The Causes Of The Non- Development Of The People's Shipping Industry In Indonesia Due To The Fleet Aging And Extinction Of The Fleet (Research Study In Batam And Tanjung Pinang) Topan Wishnu Candra; Soerya Respationo; Parameshwara Parameshwara; Erniyanti Erniyanti
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.173

Abstract

The artisanal shipping industry in Indonesia, particularly in Batam and Tanjungpinang, has experienced significant stagnation and decline due to the aging fleet and fleet extinction. The background of this study is based on the importance of the artisanal shipping industry in supporting the local and national maritime economy, as well as the major challenges facing the sector in maintaining efficient and sustainable operations. The purpose of this research is to analyze the juridical factors that cause the non-development of the people's shipping industry in the area, as well as identify legal measures that can support the development of this industry. The research method applied combines normative and empirical approaches through case studies in Batam and Tanjungpinang. Data was collected through in-depth interviews with boat owners, fishermen, government officials, and maritime law experts, as well as analysis of relevant documents. The research integrates John Austin's positive law theory, Lawrence M. Friedman's legal system theory, and systems theory to analyze interactions within the maritime legal system. The results show that burdensome regulations, lack of access to financing, declining competitiveness, as well as environmental impacts and socio-economic factors are the main causes of the underdevelopment of the community shipping industry. Strict regulations and high operational costs make it difficult for small boat owners to comply with regulations, while limited access to financing hinders fleet rejuvenation and upgrades. An aging and inefficient fleet lowers the industry's competitiveness, and environmental pollution from old vessels worsens operating conditions. Suggestions include revising regulations to simplify and reduce administrative burdens, providing accessible financing and subsidy schemes, improving port infrastructure, and training and certification programs for ship owners and crew. In addition, international cooperation is also needed to adopt technology and best practices in the shipping industry. The implementation of these recommendations is expected to support the development of the small-scale shipping industry in Batam and Tanjungpinang, improve competitiveness, and make a greater contribution to Indonesia's maritime economy.
Juridical Analysis Of The Binding Strength Of A Power Of Power To Charge Lien Rights In The Payable And Receivable Agreement Irman Pasaribu; Soerya Respationo; Erniyanti Erniyanti; Markus Gunawan
International Journal of Social Welfare and Family Law Vol. 1 No. 3 (2024): July : International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v1i3.41

Abstract

The research entitled Juridical Analysis of the Sale and Purchase of Plots of Land That Have Not Been Certified in Kampung Tengah Nongsa, Batam City, the problem is How is the Legal Regulation of the Sale and Purchase of Land Plots that have not been certified, How is the Implementation of the Sale and Purchase of Plots of Land that have not been certified and What are the factors that become obstacles to the practice of buying and selling land plots that have not been certified in Kampung Tengah Nongsa, Batam City. This research method uses empirical legal research methods using qualitative techniques and the approach used in this research is a statutory approach and a conceptual approach. To obtain primary data, this was done by means of in-depth interviews (depth interviews). From the research results, it is known that the legal regulations governing the practice of buying and selling land that has not been certified are contained in the Civil Code in articles 1457 and 1458. Apart from that, there are also regulations for buying and selling land according to Customary Law, Government Regulation Number 24 of 1997 concerning Registration Land, Land Management Rights by the Batam Authority as regulated in Presidential Decree Number 41 of 1973 concerning the Batam Island Industrial Area and Arrangements for Transfer of Land Rights and Permits for Transfer of Land Rights as regulated in the Regulation of the Head of the Batam Free Trade Zone and Free Port Concession Agency Number 27 of 2017 concerning Implementation of Land Allocation. The factor that is an obstacle in the practice of buying and selling plots of land that have not been certified in Kampung Tengah Nongsa, Batam City is that the community believes that the Plot Certificate and Land Sale and Purchase Agreement in the form of a Grant Letter are proof of legal ownership and are guaranteed by law, so that sometim