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Juridical analysis of the involvement of the Indonesian National Army in countering criminal acts of terrorism criminal acts of terrorism Hermawan, Wawan; Respationo, Soerya; Erniyanti, Erniyanti; Fadlan, Fadlan
Dynamics of Politics and Democracy Vol. 2 No. 1 (2022): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v2i1.1803

Abstract

Purpose: The purpose of this research is to find out the implementation of the involvement of the Indonesian National Army in countering criminal acts of terrorism to realize order in society and national sovereignty, to find out what factors are obstacles and solutions to the involvement of the Indonesian National Army in countering criminal acts of terrorism to realize order and national sovereignty. Research methodology: The research method used is normative juridical (legal research) through literature studies with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically. Results: The results showed that the implementation of the role of the Indonesian National Army Kepri in preventing criminal acts of radicalism is by conducting early detection in order to find out all changes in social life in society and its further development, identifying the nature of threats that are and will be faced, then providing early warnings as basic material and determining directions for policy and decision making or action by Indonesian National Army leaders. Implementation: Factors inhibiting the performance of the Indonesian National Army of Riau Islands region in conducting early detection of efforts to prevent criminal acts of terrorism include poor human resources (HR) both from the quantity and quality of Indonesian National Army Kepri members, facilities, infrastructure, and budget financing of Indonesian National Army activities in preventing criminal acts of terrorism, lack of understanding of the terrorism movement. While the solution to these problems is to build and foster intelligence networks, as well as optimizing tasks and functions with special education and as supervisors in deradicalization programs and conducting counseling to the public about radicalism.
Juridical analysis of the effectiveness of the investigation of Sailing Approval (SPB) violations at the Ditpolairud Riau Islands Police Sembiring, Ibrahim; Fadlan, Fadlan; Fadhil, Sayid; 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.v5i1.3393

Abstract

Purpose: This study analyzes the effectiveness of investigations into Sailing Approval (SPB) violations conducted by the Ditpolairud Riau Islands Police. It seeks to evaluate how well current law enforcement mechanisms ensure maritime safety and legal compliance under the Navigation Law. Research methodology: The research employs a normative and empirical juridical approach. Data were collected from legislation, literature reviews, and in-depth interviews with investigators, Syahbandar officials, and maritime business operators. The findings were validated through triangulation and analyzed descriptively using John Rawls’ Theory of Justice, Friedman’s Legal System Theory, and Sudikno Mertokusumo’s Legal Certainty Theory. Results: Investigations into SPB violations have been carried out in accordance with legal procedures, including coordination between Ditpolairud, Syahbandar, PPNS, and prosecutors. While enforcement actions have increased compliance, several challenges remain, such as limited resources, overlapping authority, legal gaps, maladministration, and low awareness among shipowners and fishermen. Digitalization of SPB documents and improved transparency in service fees were identified as key solutions. Conclusions: The investigations are generally effective but still constrained by structural, substantial, and cultural barriers. Effective enforcement requires harmonized regulations, institutional synergy, technological integration, and public legal awareness to ensure maritime safety and compliance. Limitations: This study is limited to the jurisdiction of the Riau Islands and relies on qualitative field interviews, without quantitative assessment of enforcement outcomes. Contribution: The study contributes to maritime law by emphasizing justice, legal certainty, and system effectiveness in SPB investigations, while offering recommendations to improve institutional capacity, transparency, and regulatory alignment.
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.
Legal analysis of the distribution of inheritance in the form of land rights to foreign national heirs Oktavia, Sri Libra; Respationo, Soerya; Erniyanti, Erniyanti; Nofrial, Ramon; Tartib, Muhammad
Journal of Multidisciplinary Academic and Practice Studies Vol. 1 No. 4 (2023): November
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jomaps.v1i4.3483

Abstract

Purpose: This study aims to determine the implementation of the distribution of inheritance in the form of land rights to heirs with foreign citizenship and to identify the factors that become obstacles/constraints and solutions in the distribution of inheritance in the form of land rights to heirs with foreign citizenship. Research methodology: This study uses sociological or empirical legal research, which mainly examines primary data, such as materials that bind legislation. Results: The results showed that inheritance can be distributed to heirs with foreign citizenship, but the foreign nationals must transfer the land to Indonesian citizens within one year or change their rights to use rights. Conclusion: Foreign nationals are permitted to inherit land rights in Indonesia; however, regulations require them to transfer ownership to Indonesian citizens or convert the rights into use rights within a year. This ensures the protection of national land sovereignty while providing limited options for foreign heirs. Limitation: This study is limited to an examination of Indonesia’s legal framework and empirical data, without a broader comparative analysis across regions or countries. These limitations may affect the generalizability of our findings. Contribution: This study provides a comprehensive overview of the legal framework governing the inheritance of land rights by foreign nationals in Indonesia. It also identifies and discusses the key challenges faced by foreign national heirs during the inheritance process.
The Mayor of Batam Ex-Officio as Head of The Batam Concession Agency: Cross-Jurisdictional Authority and Legal Problems Respationo, Soerya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3591

Abstract

This research aims to explore the impact of granting the position of Head of the Batam Concession Agency to the Mayor of Batam on an ex-officio basis on the principle of "check and balance" in the governance of Batam and to assess the extent to which this policy is consistent with the principles of regional autonomy and decentralization, which are constitutional cornerstones in Indonesia. Through a normative legal research method using secondary data, this study reveals that the policy of granting ex-officio positions has a significant impact on the principle of "check and balance" with a potential reduction in the effectiveness of internal and external supervision, as well as an increased potential for abuse of power that may affect the integrity of decision-making. In addition, this policy raises essential questions about consistency with regional autonomy and decentralization principles, the main pillars of Indonesia's governance system. The principle of regional autonomy aims to give authority to local governments to manage their affairs without excessive interference from the central government. This research provides important insights into the consequences and consistency of government policies that may affect the fundamental principles of regional governance.