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EKSISTENSI KEWENANGAN KOMISI YUDISIAL DALAM PENGAWASAN HAKIM MENURUT UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Erniyanti Erniyanti
Jurnal Hukum Samudra Keadilan Vol 10 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (407.391 KB)

Abstract

Salah satu tujuan amandemen UUD 1945 yaitu menjadikan kekuasaan kehakiman sebagai lembaga yang mandiri dan independen. Upaya awal yang dilakukan adalah melakukan reformasi birokrasi yang ada dalam lingkungan kekuasaan kehakiman. Selain itu, aspek pengawasan hakim juga perlu diperhatikan, sehingga dibentuklah Komisi Yudisial menurut Pasal 24B UUD NRI Tahun 1945. Kewenangan utama dari KY sendiri adalah menjaga dan menegakkan kehormatan dan keluhuran martabat hakim. Namun, dalam realitanya pengaturan mengenai pelaksanaan pengawasan hakim telah diuji materil melalui MK dengan membatalkan UU No. 22 Tahun 2004, sehingga diubah dengan UU No. 18 Tahun 2011. Akan tetapi, aspek pengawasan hakim oleh KY masih sangat kurang sebagaimana amanah UUD 1945.
KEWENANGAN PEMERINTAH KOTA MEDAN TERHADAP PENYELENGGARAAN REHABILITAS BAGI PECANDU DAN KORBAN PENYALAHGUNAA NARKOBA DI YAYASAN REHABILITASI RUMAH UMMI MEDAN SUNGGAL DI MASA PANDEMI COVID-19 Mukidi Mukidi; Marzuki Marzuki; Nelvitia Purba; Ismed Batubara; Muhlizar Muhlizar; Erniyanti Erniyanti
AMALIAH: JURNAL PENGABDIAN KEPADA MASYARAKAT Vol. 5 No. 2 (2021): Amaliah: Jurnal Pengabdian Kepada Masyarakat
Publisher : LP2M UMN AL WASHLIYAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32696/ajpkm.v5i2.965

Abstract

Kejahatan penyalahgunaan Narkotika merupakan kategori sebuah tindak kejahatan yang luar biasa (extraordinary crime), oleh karena itu perlu ditangani secara intensif. Strategi pemberantasan Penyalahgunaan Narkotika ini terdapat tiga unsur yang utama antara lain :Pencegahan, Penindakan dan Peran Masyarakat. Rehabilitasi terhadap penyalahgunaan Narkotika merupakan suatu tindakan penyembuhan terhadap eks narkoba salahsatu program yang dijalankan melalui pemdekatan Agama melalui pembetulan nilai pendidikan Ibadah, Akhlak dan Akidah. Metode Pelaksanaan Kegiatan Rehabilitasi di “RUMAH UMMI” ini rutin dilakukan kegiatan intensif rutin keagamaan setiap Minggu pada Hari Rabu dan Kamis. Melalui kegiatan Abdimas ini yang berkolaburasi antara Tim Abdimas Universitas Islam Sumatera Utara, Tim Pengabdian UMN Al Washliyah Medan dan Universitas Batam melaksanakan kegiatan antara lain di dahului dengan permainan Game dan penyuluhan hukum. Hasil dari Kegiatan Pengabdian Kepada Masyarakat ini setelah menjalani rehabilitasi di Rumah Ummi ini eks Narkoba menjadi muslim yang taat beribadah dan memiliki karakter yang baik di dalam menjalankan aktivitasnya sehari hari di dalam lingkungan keluarga dan masyarakat serta tidak akan kembali lagi mengkomsumsi barang haram tersebut. Pada masa pandemi Cvovid-19 ini penyelengaraan kegiatan tetap harus dilaksanakan dengan melaksanakan protokol kesehatan untuk menghindari para resident dan pengelola rehabilitasi di yayasan Rumah Ummi terpapar Covid -19.
Juridical Analysis Of The Drafting and Formulation Of Regulations Villages in Realizing Management Principles Of Regional Empowerment and Area Development (Research Study In Bintan District) Nina Firda Amalia; Fadlan Fadlan; Darwis Anatami; Erniyanti Erniyanti; Soeryo Respationo
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 4 (2023): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i4.417

Abstract

The preparation and formulation of Village Regulations in Realizing the Management Principles of Regional Empowerment and Regional Development must go through the stages of the process of drafting and formulating draft village regulations with the aim of ensuring that the village regulations do not conflict with the public interest and/or higher statutory regulations. However, the Village Government in Bintan Regency has not implemented the stages of the process of drafting and formulating village regulations which have not been maximized, resulting in village regulations that are not in accordance with the systematicity of statutory regulations and it is feared that village regulations will conflict with the public interest and/or statutory regulations. higher invitation. The problems in this research are: How are the Legal Arrangements in the Preparation and Formulation of Village Regulations in Realizing the Principles of Management of Regional Empowerment and Regional Development, How are the Implementation of the Drafting and Formulation of Village Regulations in Realizing the Principles of Management of Regional Empowerment and Regional Development, what factors are obstacles/constraints and solutions in the Preparation and Formulation of Village Regulations in Realizing the Management Principles of Regional Empowerment and Regional Development. Based on these problems, this research uses normative and empirical legal research methods. The research results show that this arrangement does not contain definite elements of an evaluation and clarification team, and has not been running optimally in practice, there are obstacles in the field. The implementation of the stages of drafting and formulating Village Regulations has not been carried out and well coordinated so that the results of village regulations have not been optimal. The obstacles faced are the lack of knowledge, understanding and experience of village officials' human resources regarding the preparation of village regulations, the geographical location between villages and sub-districts and districts, not all of which can be reached by land and not all of them require quite a short time, coordination is not optimal. As for suggestions from the research results on the need for statutory regulations that contain an attachment to the technical format for drafting village regulations, the Regional Government of Bintan Regency can carry out outreach to all village governments regarding the preparation and formulation of village regulations, and strengthen human resource capacity.
Juridical Analysis Of Suspect Determination Procedures Police Investigators Against Criminal Offenders (Research Study In Barelang Police) Oyong Wahyudi; Fadlan Fadlan; Dahlan Dahlan; Erniyanti Erniyanti; Soeryo Respatino
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 4 (2023): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i4.418

Abstract

The determination of a suspect must be in accordance with applicable legal provisions based on 2 (two) valid pieces of evidence, namely witness statements obtained by the investigator, expert statements obtained by the investigator, letters, and instructions for each piece of evidence obtained by the investigator through an in-depth examination. The investigator's coercive actions must be carried out responsibly according to the law and legal provisions so that arbitrary actions do not occur against the suspect's freedom, independence, and human rights. The problem in this research is the law, implementation, and what factors become obstacles and obstacles in the process of determining suspects for perpetrators of criminal acts. This research uses a descriptive analysis method using a normative approach (legal research) and is supported by empirical research. This was carried out to obtain primary data obtained through interviews through field research. The results of this study explain that the Criminal Procedure Code (KUHAP) has clearly and firmly regulated matters relating to the rights of suspects. The rights of suspects regulated in the Criminal Procedure Code are Priority Rights for Case Settlement, this has been emphasized in Article 50 of the Criminal Procedure Code (KUHAP) which reads: a) A suspect has the right to immediately be examined by investigators, then can be submitted to the Public Prosecutor. b) The suspect has the right to immediately bring his case to court by the public prosecutor. c) The accused has the right to be tried immediately by the Court., The right to prepare a defense, the right to get an interpreter, and the right to choose their own legal adviser The purpose of this right is to get legal counsel in accordance with the provisions of Article 54 of the Criminal Procedure Code for suspects. For this reason, it is expected that in determining the suspect to have qualified investigators they pay attention to the following matters: Have general knowledge, Knowledge is quite broad, where Investigating Officers are required to have knowledge that is quite extensive, Confident in themselves. Investigating Officers must have high self-confidence, have character, be professional, understand psychology practically, be brave, honest, talented actor, wise, alert, and experienced. Courage, honesty, wisdom, and vigilance are needed in the examination process by an investigating officer. Experience Investigating officers must be experienced in order to master psychology/psychology and be able to act in acting is also very important to have.
Juridical Analysis Of Technology-Based Services To Support Increased Investment In The Free Trade Area And Free Port Of Batam (Research Study At The Batam Concession Agency) Jerry Satriawan; Fadlan Fadlan; Lagat Parroha Patar Siadari; Erniyanti Erniyanti; Soerya Respationo
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 4 (2023): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i4.419

Abstract

Technological developments to date have had a rapid impact on all aspects of life, including economic aspects and aspects of government administration; many things have arisen and have had positive impacts, such as ease of access to information and simplification of services by the government. So that technology-based services can be prepared and implemented based on a policy that cannot be separated from the legal theory that binds it. In order to support ease of investment services, the Government has initiated an Online Single Submission (OSS) system since October 2017 as an implementation of Presidential Regulation Number 91 of 2017 concerning the Acceleration of Business Implementation and has conducted concept trials in three locations, namely: Purwakarta, Batam, and Palu. The design of this Information Technology-based system is basically by interconnecting and integrating the existing licensing service system at BKPM/Central PTSP (SPIPISE), a regional PTSP that uses the Ministry of Communication and Information's SiCantik system. In practice, the licensing implemented uses a one-door system, which makes it quicker for investors to process port permits. In this case, BP Batam provides services in the form of Indonesia Batam Online Single Submission or IBOSS. Licensing that previously used manual or conventional methods has switched to an electronic system connected directly to the national system. Port permits are now also handled directly by the BP Batam One-Stop Integrated Services (PTSP) Directorate, which impacts the speedy completion of port permit processing. However, in implementing technology-based services, it is essential to pay attention to regulatory or legal aspects so that implementation remains safe and does not cause material or non-material losses. To safeguard data, the application guarantees that the data recorded by Business Actors is only for Business Licensing services. However, even though there are guarantees or clauses, comprehensive research must still be carried out regarding technology-based services in order to support increased investment, considering that data security is an essential thing in running services.
Juridical Analysis Of Evaluation And Supervision Of The Use Of Rights On Land Management Rights (HPL) To Strengthen Legal Certainty Michael Hasiholan Hutapea; Soerya Respationo; Sayid Fadhil; Erniyanti Erniyanti
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 4 (2023): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i4.421

Abstract

The granting of Batam Island management rights is stated in Article 6 paragraph (2) letter a of Presidential Decree Number 41 of 1973, stating that all land areas located on Batam Island are handed over with management rights to the Chairman of the Batam Island Industrial Area Development Authority (later called the Batam Authority). Referring to Article 4 of Government Regulation Number 46 of 2007, Management Rights over land under the authority of the Batam Authority and Management Rights over land under the authority of the Batam City Government located in the Batam Free Trade Zone and Free Port are transferred to BP Batam by statutory regulations. Invitation. The areas in question are Batam Island, Setokok Island, Watch Island, Nipah Island, Galang Baru Island, Rempang Island, and Galang Island. However, replacing the subject of management rights does not end existing rights on Management Rights land; these rights remain in effect until the validity period ends. Thus, currently, Batam City Management Rights are owned by BP Batam. Problems with management rights also occur in the community of Batam City. This is, of course, a result of the development of Batam City, where the land rights are mainly allocated to industrial areas, housing (residential), government, and protected forests. One of the purposes of granting Management Rights to BP Batam was to accelerate investment. However, during the process, it was discovered that the land allocated to a third party (Investor) had yet to be physically developed as agreed upon at the time of allocation. This then becomes the basis for BP Batam to carry out evaluation and control over land that is not built and built not by its intended use.
Juridical Analysis Of The Implementation Of Compulsory Study At Night On Children In An Effort To Protect And Overcome Youth Delinquency (Research Study In Bintan District) Winda Isnaeni; Ramon Nofrizal; Bachtiar Simatupang; Soerya Respationo; Erniyanti Erniyanti
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 4 (2023): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i4.422

Abstract

Children and teenagers are the next generation of the nation and are family and state assets that must be safeguarded and protected in all aspects of their lives, including physical, psychological, intellectual, their rights, and their dignity. Protecting children is not only the responsibility of parents but also the responsibility of all of us. The purpose of this research is to determine the legal basis for the formation of policies for implementing compulsory school hours at night, the differences between the implementation of study hours at night and study hours during the day, goals and objectives, infrastructure, implementation, task force, duties and functions of the task force, and the sanctions and obstacles faced in implementing compulsory education at night. The specification method of this research is analytical descriptive, which describes finding legal facts systematically with the aim of making this research easier to understand and conclude. The results of the research show that there are efforts to protect and prevent juvenile delinquency from the Bintan Regency Government in the form of regional head policy, namely Regent's Regulation Number 66 of 2014 concerning Compulsory Night Study Hours for Children in Bintan Regency, which is in accordance with applicable regulations but is not yet effective because there are several obstacles in its implementation.
Analisis Yuridis Terhadap Pertanggungjawaban Organ Yayasan Untuk Mewujudkan Kepastian Hukum (Studi Penelitian di Yayasan Hati Senang Abadi Berkedudukan di Kota Tanjungpinang) Sovia Sovia; Soerya Respationo; Erniyanti Erniyanti; Muhammad Tartib
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

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) Andri Gotama; Ramon Nofrial; Fadlan Fadlan; Soerya Respationo; Erniyanti Erniyanti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

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.
Analisis Yuridis Tanggung Jawab Notaris Terhadap Tindak Pidana Pemalsuan Akta Otentik (Studi Penelitian di Kota Batam) Erlys Erlys; Fadlan Fadlan; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1174

Abstract

The implementation of the Notary's duties and position is based on the high level of integrity and honesty of the Notary, the results of the work in making deeds and maintaining protocols as authentic evidence regarding the interests of justice seekers, both personal interests and business interests, so that the implementation of the Notary's duties and positions must be supported by moral will. which can be accounted for. The problem of this research: what are the legal regulations regarding the procedures for making authentic deeds by Notaries as Public Officials, the legal relationship between Notaries and Facing Parties in making authentic deeds, as well as the Notary's legal responsibility for authentic deeds in connection with criminal acts of forgery? Notary is a Public Official, authorized to make authentic deeds regarding all acts, agreements and stipulations which are required by a general regulation to be stated in an authentic deed, guarantee certainty of date, keep the deed and provide grosses, copies and quotations throughout the making of such a deed by a general rule is also not assigned or excluded to officials or other people. The presenter comes to the Notary, so that the actions or deeds are formulated into an authentic deed according to the authority of the Notary, and then the Notary makes a deed at the request or desire of the Presenter, in this case providing a basis for the Notary and the Presenter that a legal relationship exists. The legal responsibility of a Notary as a Public Official regarding authentic deeds related to criminal acts of forgery is: A Notary can be said to be free from legal responsibility if the authentic deed he has made and/or executed in front of him has fulfilled the formal requirements. If the Notary is proven to have violated the provisions of the law, namely fulfilling the criminal elements contained in the Criminal Code, then the notary can be held criminally responsible. Notaries in carrying out their duties must be careful, act honestly, impartially, and safeguard the interests of related parties. In making a deed, introduce the person present, based on identity, ask, then listen and pay attention to the wishes of the parties, examine documentary evidence, provide suggestions and create a framework for the deed to fulfill the wishes or desires of the parties, fulfill all administrative techniques for making the deed such as reading, signing, provide copies and filings for minutes, and carry out other obligations related to the duties of the Notary position.
Co-Authors Ady Satrio Gustian Ali Amran Andri Gotama Andriani, Tania Puji Ansharullah Ida, Ansharullah Aprilyani Aprilyani Bachtiar Simatupang Bachtiar Simatupang Bagus Putra Setiawan Bagus Riadi Celine Tio Christhopher Theodore Nathanael Dahlan Dahlan Darwis Anatami Darwis Anatami Darwis Anatami Dewi Ayu Nawang Edy Supandi Erlys Erlys Fadlan Fadlan Fadlan Fadlan Fadlan Fadlan Febra Anjar Kusuma, Febra Anjar Febry Rizky Al Fadilla Sitompul Fernando Chandra Firman Firman Gahara Herawati Guswanda Andi Putra Pratama Horas Sahatma Hatuaon Idham Idham Ismed Batubara Jerry Satriawan Julian Maulana Syukra Kelly Kelly Lagat Parroha Patar Siadari Laily Washliaty M Tartib M. Soerya Respationo M. Tartib Markus Gunawan Marzuki Marzuki Michael Hasiholan Hutapea Muhammad Tartib Muhlizar Muhlizar Mukidi, Mukidi Muzahar Nadhirawaty Nadhirawaty Natasya Ferena Ngatemi Ngatemi Nina Firda Amalia Nurkhotijah, Siti Oyong Wahyudi Parameshwara Parameshwara Parameshwara Parameshwara Prasetyasari, Christiani Purba, Nelvitia Ramlan Ramlan Ramlan Ramlan Ramon Nofrial Ramon Nofrial Ramon Nofrial Ramon Nofrizal Robi Gotama RR. Ella Evrita Hestiandari Salamun Salamun Sayid Fadhil Sayid Fadhil Sisilia Sisilia Soerya Respationo Soerya Respationo Soerya Respationo Soerya Respationo Soeryo Respatino Soeryo Respationo Sovia Sovia Suhendri Atmoko Susilo Susilo Tarigan, Rudy Utari Afnesia Wawan Hermawan Willi Otra Bismar Winda Isnaeni Yacob, Ardyansyah Yacobus Sukirno Yulia Hardhiyanti Putri Yulia Hardhiyanti Putri