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Respationo, Soerya
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Analisis Yuridis Terhadap Peranan Notaris dalam Pembuatan Perjanjian Perkawinan Untuk Mewujudkan Kepastian Hukum (Studi Kasus Kantor Notaris Hendy Bkry Agustino Kota Tanjung Pinang) Gotama, Robi; Respationo, Soerya; Tartib, M.; Erniyanti, Erniyanti; Nofrial, Ramon
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.v6i1.1196

Abstract

This thesis aims to conduct a juridical analysis of the role of notaries in the creation of prenuptial agreements with the objective of ensuring legal certainty within the context of marriage law in Indonesia. This research encompasses a comprehensive examination of the legal regulations governing the role of notaries in the creation of prenuptial agreements, the implementation of notarial practices in the prenuptial agreement process, and the identification of factors that may hinder the attainment of legal certainty. Through a normative legal approach, this thesis analyzes various legal provisions, regulations, and notarial guidelines pertaining to prenuptial agreements. Additionally, this research involves interviews with notaries practicing in this field to gain a deeper understanding of the implementation of the notarial role and the challenges faced in ensuring legal certainty. The findings of this research are expected to provide a more profound insight into the role of notaries in prenuptial agreements and their contribution to legal certainty within the context of marriage law in Indonesia. Furthermore, this study may serve as a foundation for improvements or refinements in legal regulations and notarial practices, aimed at enhancing legal certainty for individuals planning to marry or already married in Indonesia. By combining normative and empirical legal approaches, this thesis seeks to provide a comprehensive picture of the role of notaries in creating legal certainty in marriage agreements.
Analisis Yuridis Keabsahan Penyelenggaraan Rapat Umum Pemegang Saham (Rups) Secara Online Untuk Mewujudkan Kepastian Hukum (Studi Penelitian PT Midi Utama Indonesia Tbk (Midi)) Chandra, Fernando; Erniyanti, Erniyanti; Fadlan, Fadlan; 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.v6i1.1197

Abstract

The development of information and communication technology has had a significant impact on various aspects of life, including the business world. One form of this development is the use of a digital platform to hold an online General Meeting of Shareholders (GMS), this is what PT Midi Utama Indonesia Tbk (MIDI) is doing, with a special focus on harmonizing the holding of the online GMS with Article 77 of the Law Limited Liability Company and comparison with Article 16 paragraph (1) of the Law on Notary Positions. This research has three problem formulations, namely regarding legal regulations related to the legality of holding an online General Meeting of Shareholders (GMS) to create legal certainty, implementation of the legality of holding an online General Meeting of Shareholders (GMS) to create legal certainty, and factors that become obstacles. and obstacles and solutions in implementing the validity of holding an online General Meeting of Shareholders (GMS). This research uses normative juridical legal research methods and sociological or empirical legal research. This normative juridical research is carried out by examining library materials or secondary data. The data used in this research are primary data and secondary data. Primary data in this research is in the form of interviews and observations, while secondary data used in this research consists of primary legal materials, secondary legal materials and tertiary legal materials. The results of this research are that the implementation of Online GMS is permitted according to legal regulations based on Article 76 Jo. Article 77 of the Limited Liability Company Law and POJK Number 16/POJK.04/2020. Basically, the implementation of an online GMS does not violate the law and remains legal. In its implementation carried out by a Notary, the preparation of a GMS deed carried out online is still difficult to implement firmly, because there is still uncertainty regarding the Notary's authority. Obstacles that can occur are related to the mechanism for holding an online GMS, because this GMS is carried out online, the main obstacle or obstacle is located in the network or computer equipment.
The role of security management system in preventing and overcoming threats security disturbances in National Security Institutions Sukirno, Yacobus; 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.v2i1.1801

Abstract

Purpose: The purpose of this research is to find out the implementation of the security management system in preventing and overcoming the threat of Obvitnas security disturbances in order to support the country's economic stability, to find out the obstacles and efforts of the role of the security management system in preventing and overcoming the threat of Obvitnas security disturbances in order to support the country's economic stability. Research methodology: The research method used in this research is normative research method by involving analysis of legal regulations, policies, and legal instruments related to applicable laws and regulations. Results: The results showed that the implementation of the security management system in preventing and overcoming the threat of security disturbances to the National Obvitnas in order to support the stability of the country's economy, namely the implementation of the Security Management System as measured through the 5 (five) elements mentioned in Police Regulation Number 7 of 2019, has not been running optimally, as a result there are still several accidents that cause the impact of victims and the environment of the National Obvitnas. Contributions: This study provides a comprehensive analysis of the role of security management systems in preventing and overcoming threats to national security. The findings of this study can be used by security managers to develop and implement effective security management systems to safeguard national security interests. Implementation: Barriers to the implementation of a security management system in preventing and overcoming the threat of Obvitnas security disturbances to support the stability of the country's economy, namely the implementation of the Security Management System depending on the manager's request, limited resources, diverse threat complexities. And the preparation of effective policies, increased investment and resource allocation, and improved inter-agency coordination.
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.
Co-Authors Afrila, Dheavani Anatami, Darwis Andi Putra Pratama, Guswanda Anida Anida, Anida Chandra, Fernando Elviani, Elviani Erlys, Erlys Fadhil, Sayid Fadlan Fadlan Gotama, Andri Gotama, Robi ika indriyani INDRAYANI INDRAYANI Kirtan, Tivonli Muhammad Yadi Nurkhotijah, Siti Oktavia, Sri Libra Pangaribuan, Rospita Parameshwara, Parameshwara Purba, Stevanus Ramon Nofrial, Ramon Rumapea, Rizky Hamonangan Satriawan, Bambang Sembiring, Ibrahim Siadari, Lagat Parroha Patar Silitonga, Julyanty Dinauli Marisi Sovia, Sovia Sukirno, Yacobus Tartib, M. Tartib, Muhammad Thapa, Nar Yan Wawan Hermawan