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JURIDICAL ANALYSIS OF THE ROLE OF IMMIGRATION IN PREVENTING THE CRIME OF TRAFFICKING IN PERSONS (RESEARCH STUDY AT THE SPECIAL CLASS I IMMIGRATION OFFICE OF TPI BATAM) Muhammad Aris Fitrah Nasution; Siti Nurkhotijah; Darwis Anatami
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4018

Abstract

The crime of trafficking in persons (TPPO) is a form of transnational crime that continues to grow and threatens human rights, especially in border areas such as Batam, which is one of the strategic routes to neighboring countries. The Immigration Office, as a law enforcement institution in the field of immigration, has a vital role in preventing the practice of trafficking through its supervisory functions and administrative actions at the entrances and exits of Indonesian territory. This study aims to analyze legal arrangements and implementation, as well as obstacles and solutions to immigration's role in preventing trafficking, with a focus on the Special Class I Immigration Office of TPI Batam. This study uses normative and empirical juridical methods, with a statute approach and a socio-legal approach. Data was collected through literature studies, observations, and interviews with Immigration officials and officers. The theories used in the analysis include the Theory of the State of Law, the Theory of the Legal System, and the Theory of Legal Certainty. The results of the study show that national and international legal arrangements have provided an adequate basis for the role of Immigration in the prevention of trafficking. However, its implementation in the field still faces a number of obstacles, including limited administrative authority, a lack of data integration between agencies, limited human resources, and a lack of optimal understanding of trafficking indicators. For this reason, it is necessary to update more technical SOPs, increase cross-sector and international cooperation, provide continuous training for officers, and strengthen information systems and surveillance technology as an integrated solution strategy.
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
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
Balancing Consumer Rights And Tech Progress: Examining Law No. 8/1999's Impact On Innovation Ilham Ilham; Erniyanti Erniyanti; M. Soerya Respationo; Darwis Anatami
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.v1i3.140

Abstract

Maritime law enforcement in Indonesian waters, especially in the Riau Islands, is a complex challenge considering the breadth of the territory and the variety of maritime threats faced. The Maritime Security Agency of the Republic of Indonesia (BAKAMLA RI) has an important role in maintaining security and enforcing the law in Indonesian waters. This study aims to analyze the role and authority of BAKAMLA RI in enforcing maritime law and evaluate the effectiveness of the implementation of its duties in the waters of the Riau Islands. This study uses a normative juridical method with a case approach to collect empirical data. The data was obtained through literature studies, analysis of legal documents, and interviews with BAKAMLA RI personnel and related agencies. The analysis was carried out using John Rawls' theory of justice, Lawrence M. Friedman's theory of legal system, and Sudikno Mertokusumo's theory of legal certainty to understand the obstacles and find solutions to improve the effectiveness of maritime law enforcement. The results of the study show that maritime law enforcement by BAKAMLA RI in the Natuna Riau Islands has not been optimal. The main obstacles faced include limited resources, the complexity of maritime crimes, and ineffective inter- agency coordination. Despite having a strong legal foundation, BAKAMLA RI effectiveness in carrying out its duties still needs to be improved through greater budget support, the procurement of advanced technology, and personnel training and capacity building programs. Based on these findings, it is recommended that BAKAMLA RI strengthen coordination with related agencies through the establishment of a joint command center and information system integration. The government needs to provide adequate budget support and strengthen the regulatory framework to support maritime law enforcement. The public is also expected to increase awareness and active participation in maintaining maritime security. With these steps, it is hoped that the effectiveness of maritime law enforcement by BAKAMLA RI can be improved, so that the security and sovereignty of Indonesian waters, especially in the Riau Islands, can be better maintained
Juridical Analysis of Investment in Batam : Case Study in The Rempang-Galang Area Nurlaelah Nurlaelah; Darwis Anatami; Sayid Fadhil; Soerya Respationo; Erniyanti Erniyanti
International Journal of Social Welfare and Family Law Vol. 1 No. 4 (2024): October : 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.v1i4.51

Abstract

Investment is an essential instrument for capitalist countries to boost the national economy and create job opportunities for the community. Investment in Indonesia began with Foreign Investment Law No. 56 of 1964, which was later updated with Foreign Investment Law No. 25 of 2007 in line with the times. To increase investor interest in entering Indonesia, the government enacted Job Creation Law No. 11 of 2020, which was further updated through the Job Creation Law up to 2023. Due to the complexity and increasing number of investors facing obstacles such as land acquisition and regional policies, a Presidential Regulation on National Strategic Projects (PSN) was issued. The government's hopes and expectations for smooth investor operations do not always align with implementation. Specifically, PSNs often result in agrarian conflicts for local residents whose land is taken over for PSN purposes. In the context of investment in Batam, particularly the Rempang Eco-City Development Plan in the Rempang-Galang area, clashes occurred and drew national attention and concern from various experts when land measurements began by PT MEG, escorted by the Joint Team comprising police, TNI, and the Ditpam Batam Management Agency (BP Batam). They have not reached an agreement but are already being pushed for swift execution. The obstacles to investment in the PSN Rempang Eco-City include conflicts arising from legal uncertainties over land ownership since the administrative change from Bintan Selatan District to Batam City, becoming Galang District since 1980. Represented by their legal counsel LBH GP Asnhor, they demand legal certainty over their ancestral land to be issued certificates, enabling fair and humane compensation. This demand has been submitted to President Joko Widodo regarding the request for land legality for the villages on Rempang Island, Galang Island, and New Galang Island on behalf of the chairman of the Local Indigenous People's Relatives (KERAMAT) Gerisman Ahmad. Due to these obstacles and conflicts, the central government, through President Joko Widodo, issued Presidential Regulation No. 78 of 2023 on Handling Social Community Impacts in the Context of Land Provision for National Development. However, as of July 2024, there has not been a comprehensive agreement between the community, the Batam City government, and the head of BP Batam. The government is taking a softer approach by personally approaching residents to relocate to Tanjung Banon, where four model houses have been provided as promised incentives for those willing to move.
Juridical Analysis of Reclamated Land Rights in Batam City – Case Studies PT. Pasifik Karya Sindo Silvia Handayani; Siti Nurkhotijah; Darwis Anatami; Nicha Suwalla; Dedy Sunarto
Melayunesia Law Vol. 9 No. 1 (2025)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/26g6qj57

Abstract

This study examines the juridical analysis of land rights over reclamation areas in Batam City, with a case study of PT. Pasifik Karya Sindo. The core issue lies in the legal status of reclaimed land, which is not yet comprehensively regulated under Indonesian law, leading to legal uncertainty for both business actors and local authorities. This research employs a normative juridical method with statutory, conceptual, and case study approaches. Data were collected through literature review, analysis of relevant legislation, and examination of legal documents. The findings indicate that reclaimed land essentially remains part of state-controlled coastal areas under the Basic Agrarian Law and sectoral maritime regulations. However, the granting of land rights over reclaimed areas requires clearer legal foundations to avoid conflicts with the principles of legal certainty and justice. The case of PT. Pasifik Karya Sindo illustrates the regulatory disharmony between the authority of the Batam Development Board and the local government, which has resulted in delays in the legalization of reclamation land rights. This study recommends regulatory synchronization between the central government, the Batam Authority, and local government, as well as the formulation of specific regulations on the management of reclamation land to ensure legal certainty and prevent future land disputes.
Mechanism for Settlement of Land Tenure in the Context of Forest Area Planning (PPTPKH) in Karimun Regency Dedy Sunarto; Darwis Anatami; Siti Nurkhotijah; Nicha Suwalla; Silvia Handayani
Melayunesia Law Vol. 9 No. 1 (2025)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/feb5yd02

Abstract

This study examines the mechanism for resolving land tenure issues within the framework of Forest Area Structuring (PPTPKH) in Karimun Regency. The central problem lies in the mismatch between community land tenure and the designation of forest areas, which often generates legal as well as social conflicts. This research employs a normative juridical method with statutory and conceptual approaches, complemented by empirical data through interviews and document analysis at the regional level. The findings indicate that the implementation of PPTPKH in Karimun Regency faces several challenges, including regulatory disharmony between central and local governments, limited spatial data, and weak institutional coordination. The resolution mechanism applied involves administrative and technical verification of land claims, assessment based on principles of social justice and legal certainty, and granting legal access through forest area release, land-swap schemes, or the allocation of land rights under agrarian law. However, the implementation remains suboptimal due to overlapping authorities and limited institutional capacity. This study recommends regulatory harmonization, strengthening land and forestry databases, and enhancing the role of local governments in the PPTPKH process to achieve a fairer, more transparent, and sustainable resolution of land tenure issues.