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Juridical analysis of law enforcement on illegal cigarettes in Batam and its impact on state excise revenue Yadi, Muhammad; Fadlan, Fadlan; Parameshwara, Parameshwara; Respationo, Soerya; Nurkhotijah, Siti
Dynamics of Politics and Democracy Vol. 5 No. 1 (2025): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v5i1.3394

Abstract

Purpose: Analyze law enforcement against illicit cigarettes with counterfeit excise bands in Batam and its impact on excise revenue, framed by Radbruch’s legal certainty, Friedman’s legal system, and Becker’s economics of crime. Research methodology: A normative–empirical legal approach: review of excise laws and implementing regulations; a case study of KPU BC Batam operations (sea/land patrols, risk-based intelligence); semi-structured interviews with officers; and qualitative analysis of enforcement documents. Results: Enforcement produced sizable seizures and a clear typology of illicit excisable goods (without bands/counterfeit), yet constraints persist: limited personnel and assets, a vast surveillance area, and increasingly sophisticated modus operandi. Regulatory gaps channel many cases into administrative settlement (state-asset confiscation) with weak deterrence; inter-agency coordination remains uneven; and permissive social norms toward cheaper prices endure. The main impacts are excise revenue leakage, unfair competition for compliant firms, and erosion of tobacco-control objectives. Conclusions: Legal certainty is not yet achieved due to sanction disparities and inconsistent enforcement; economically, offenders’ expected gains exceed expected penalties. Stronger, predictable, and deterrence-oriented enforcement is required. Limitations: Evidence is confined to Batam and specific periods; there is no econometric estimate of revenue loss; findings rely on interviews and secondary documents. Contribution: Integrates legal theory and policy analysis by proposing tighter norms and recalibrated criminal–administrative sanctions, clarified procedures, deeper inter-agency integration, deployment of digital track-and-trace for excise bands, and public education to curb demand, restore the revenue base, and protect fair competition.
JURIDICAL ANALYSIS OF APPLICATION OF NARCOTIC REHABILITATION THROUGH INTEGRATED ASSESSMENT OF NARCOTICS ABUSERS IN THE RIAU ISLANDS (Research Study at the National Narcotics Agency of the Riau Islands Province) Indriyani, Ika; Respationo, Soerya; Fadlan, Fadlan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 6 (2022): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i6.448

Abstract

The aspect of punishment given to Narcotics Addicts is intended to provide treatment (treatment) and improvement (rehabilitation) not just punishment. Because basically narcotics abusers or addicts are perpetrators of narcotics abuse crimes as well as victims of their own actions. the legal arrangement for the application of narcotics rehabilitation through an integrated assessment of narcotics abusers in the Riau Islands (Research Study at the National Narcotics Agency of the Riau Islands Province) has been running as expected, but the facts on the ground still encounter obstacles. , especially in law enforcement. Therefore, it is hoped that law enforcers can carry out their duties optimally so that the obstacles they face can be minimized.
Pengaruh Pengetahuan, Kompensasi dan Komitmen Organisasi terhadap Kinerja Anggota DPRD se-Provinsi Kepulauan Riau dengan Motivasi Kerja sebagai Variabel Intervening Respationo, Soerya; Indrayani, Indrayani; Satriawan, Bambang
Jurnal Ilmiah Universitas Batanghari Jambi Vol 25, No 1 (2025): Februari
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v25i1.4663

Abstract

This research aims to determine whether there is a direct influence of knowledge, compensation, organizational commitment and work motivation on performance and a direct influence of knowledge, compensation and organizational commitment on work motivation. As well as the indirect influence of knowledge, compensation, organizational commitment on performance through work motivation. The samples from this research were members of the Riau Islands Provincial Council. A total of 152 questionnaires were distributed and all were returned, using a probability sampling technique. The results of the research can be concluded that the variables, knowledge and organizational commitment have a significant positive direct effect on performance. Meanwhile, compensation and work motivation variables have a positive and insignificant direct effect on performance. The indirect effect of the knowledge variable, compensation on performance through work motivation has a significant positive effect and organizational commitment on performance through work motivation has an insignificant effect. The coefficient of determination R square adjusted for knowledge, compensation, organizational commitment and work motivation on performance is 0.200 and knowledge, compensation, organizational commitment and work motivation is 0.272
Kekuatan Mengikat Risalah Lelang Bagi Pembeli Lelang Terhadap Hak Tanggungan Bagi Pembeli Lelang di Kantor Pelayanan Kekayaan Negara dan Lelang (Kpknl) Kota Batam Andi Putra Pratama, Guswanda; Respationo, Soerya; Erniyanti, Erniyanti; Fadlan, Fadlan; Nofrial, Ramon
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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

Abstract

This research aims to determine the obstacles that occur for auction buyers in vacating auction objects due to resistance from debtors or third parties, denying that debtors have been negligent in carrying out their obligations towards creditors, debtors who do not acknowledge the amount of debt from all costs that have been incurred by creditors first for the purposes of encumbrances in mortgage rights. The nature of this research is analytical descriptive. This research is also included in empirical juridical research. The data source used in this research is secondary data sources. This research was carried out at the Batam State Property and Auction Service Office (KPKNL) which was the research location. In collecting data for this research, the techniques used were library research and field research methods. The data collection tools used in this research are document study or literature study and interviews. Meanwhile, the data analysis used in this research is qualitative analysis. The conclusions that will be drawn in this research are carried out deductively. The results that have been obtained from this research are the auction minutes as authentic deeds that have perfect evidentiary power, the efforts made by KPKNL in overcoming obstacles in the auction for the execution of mortgage rights at KPKNL must be completed properly and auction buyers who have good intentions must be protected by law.
Analisis Yuridis Terhadap Pencoretan Pihak dalam Akta Notaris yang Berindikasi Nominee Serta Menimbulkan Ketidakpastian Hukum (Studi Penelitian di Majelis Pengawas Daerah Kota Batam) Elviani, Elviani; Respationo, Soerya; Tartib, Muhammad; Erniyanti, Erniyanti
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1153

Abstract

This research uses normative research methods supported by empirical research. By examining the positive laws that apply in Indonesia and analyzing data obtained directly from the field or facts that occur in society. The aim is to find out how the legal regulations, the implementation of deletion and the factors that become obstacles/obstacles and solutions to the deletion of parties in Notarial deeds which are indicated as nominees occur in Indonesia. The research results show that legal regulations in Indonesia still do not have specific regulations regarding the removal of parties in Notarial Deeds who are indicated as nominees. However, in practice, deletions in a Notarial Deed can refer to Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. Researchers hope that there will be special rules regarding the procedure for writing off a Notarial Deed, based on Court Decision regulations. So as not to create legal uncertainty in implementing law in Indonesia.
Analisis Yuridis Pencantuman Klausul Force Majeure dalam Perjanjian Sewa Menyewa dan Pengelolaan Hak Milik Atas Satuan Rumah Susun Untuk Meneguhkan Kepastian Hukum (Studi Penelitian Di Kota Batam) Kirtan, Tivonli; Respationo, Soerya; Erniyanti, Erniyanti; Fadlan, Fadlan
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1154

Abstract

A rental agreement is a mutual agreement that creates rights and responsibilities fot the parties involved in the agreement. Rental activities for apartment units in Batam City are often conducted verbally or through informal written agreement and ingnoring the inclusion of force majeure clauses so that there is no legal certainty for the parties. The research method used in this study is a combination of normative research and empirical research, which involves primary data through interviews and then correlating it with secondary data, such as statutory regulations and theories used in the study. The research findings indicate that there is Article 45 of Law Number 20 of 2011 which regulates the occupation of apartment units through written agreements made in the presence of authorizes officials and also Article 28 of the Government Regulation of the Republic of Indonesia Number 14 of 2016 concerning Imprementation of Housing and Settlement Areas addresses the inclusion of force majeure clauses. However, these provisions are often overlooked due to factors such as knowledge, age, social factors, and economic circumstances that influence people’s daily decision-making.
Analisis Yuridis Terhadap Pendaftaran Peralihan Hak Atas Tanah dalam Mewujudkan Kepastian Hukum (Studi Penelitian di Kantor Badan Pertanahan Nasional Kota Batam) Anida, Anida; Erniyanti, Erniyanti; Nofrial, Ramon; Respationo, Soerya
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1160

Abstract

This research entitled "Juridical Analysis of Land Rights Transfer Registration in Realizing Legal Certainty (Research Study at the Office of the National Land Agency Batam City)" was conducted because there is a discrepancy between what has been regulated in the applicable laws and what occurs in the field. In practice, the Land Deed Official cannot fulfill the registration period for the deed of transfer of land rights as stipulated in Article 40 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration. This research aims to determine the legal regulations for land rights transfer registration, implementation related to land rights transfer registration, and factors that become obstacles and solutions related to land rights transfer registration. This research was conducted using juridical and empirical legal research. Based on the results of interviews and research, there are factors that hinder Land Deed Official from fulfilling the provisions of applicable laws and regulations, including regarding procedures for buying and selling land and buildings that occur in the field and regarding provisions determined by local government agencies. For this reason, it is hoped that the government can adapt the regulations made to existing regulations and adapt them to conditions occurring in the field.
Analisis Yuridis Terhadap Bentuk Perubahan Status Tanah Menjadi Hutan Lindung (Studi Penelitian di Kabupaten Bintan) Afrila, Dheavani; Respationo, Soerya; Tartib, Muhammad; Erniyanti, Erniyanti
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1161

Abstract

This research uses normative research methods supported by empirical research. By examining the positive laws that apply in Indonesia and analyzing data obtained directly from the field or facts that occur in society. Aims to find out how the legal regulations, implementation and factors that become obstacles/obstacles and solutions to the change in land status to protected forest occur (Research Study in Bintan Regency). The research results show that legal arrangements occurred due to the issuance of the Decree of the Minister of Forestry Number: 173/KPTS-II/1986 dated 06 June 1986 concerning the Designation of forest areas in the Dati I Riau Province Region as Forest Areas, concerning Forestry Implementation. However, in practice, there are still many who do not know how changes in land status can occur. Researchers hope that there will be knowledge of justice for the parties. So as not to create legal uncertainty in implementing law in Indonesia.
Analisis Yuridis Terhadap Pertanggungjawaban Organ Yayasan Untuk Mewujudkan Kepastian Hukum (Studi Penelitian di Yayasan Hati Senang Abadi Berkedudukan di Kota Tanjungpinang) Sovia, Sovia; Respationo, Soerya; Erniyanti, Erniyanti; Tartib, Muhammad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1162

Abstract

The purpose of this research is to determine legal regulations, implementation and factors that become obstacles and solutions to the accountability of foundation organs to realize legal certainty at the Hati Senang Abadi Foundation. The data collection technique used is through literature study and interviews. Data processing is carried out using qualitative methods and classified aspects of certain problems and explained in effective sentences. The results of this research show that the legal accountability arrangements for foundation organs are regulated in the Foundation Law and the Articles of Association of each foundation. Based on the data collection and data analysis process, it is known that the organs of the Hati Senang Abadi Foundation carry out good management. Foundation organ already done their job well but still need some advice, education and executive board soberity to run and maximalize role and obligations in running the foundation
Analisis Yuridis Perlindungan Hukum Terhadap Notaris Sebagai Pejabat Umum dalam Sistem Peradilan Pidana Terkait Kewenangan Membuat Akta Otentik (Studi Penelitian Di Kota Batam) Gotama, Andri; Nofrial, Ramon; Fadlan, Fadlan; Respationo, Soerya; Erniyanti, Erniyanti
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1172

Abstract

Notaries are public officials who are appointed and dismissed by the state through the Minister of Law and Human Rights of the Republic of Indonesia. Apart from the duties and obligations, Notaries also have the authority regulated in the Notary Position Law and receive legal protection from the state. The problems of this research: What is the relationship between Notaries as Public Officials in the criminal justice system regarding the authority to make authentic deeds, What is the legal protection for Notaries as Public Officials in the criminal justice system related to the authority to make authentic deeds, and the role of the Notary Honorary Council in providing legal protection for Notaries as Officials General in the criminal justice system regarding the authority to make authentic deeds?. The connection between a Notary's deed and the occurrence of a criminal act is that the authentic deed and its protocol are used as evidence of a criminal act or if there is a criminal element in its preparation which is the Notary's fault or the parties' error in providing information; or there is an agreement made between the Notary and one of the presenters. Legal protection for Notaries as Public Officials in the criminal justice system in the form of the rights and obligations of the Notary, and the approval of the Notary's Honorary Council to take photocopies of the minutes of the deed and/or letters attached to the minutes of the notary's deed or protocol in the Notary's custody; and the Notary to attend examinations relating to the Notary's deed or protocol which is in the Notary's custody. The Notary Honorary Council carries out examinations of Notaries regarding criminal allegations related to authentic deeds. It is recommended that Notaries in carrying out their duties act honestly, carefully, independently, impartially, and safeguard the interests of the parties. The guidance and supervision of Notaries by the Notary Honorary Council should be further improved, as an effort to prevent the execution of authentic deeds related to criminal acts.