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Kekuatan Mengikat Risalah Lelang Bagi Pembeli Lelang Terhadap Hak Tanggungan Bagi Pembeli Lelang di Kantor Pelayanan Kekayaan Negara dan Lelang (Kpknl) Kota Batam Guswanda Andi Putra Pratama; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan; Ramon Nofrial
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

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

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)) Fernando Chandra; Erniyanti Erniyanti; Fadlan Fadlan; Soerya Respationo
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.v6i1.1197

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.
Analysis of Inhibiting Factors for Resolving Election Disputes Within the Authority of the Election Supervisory Board (Bawaslu) Erniyanti, Erniyanti
Open Access Indonesia Journal of Social Sciences Vol. 6 No. 3 (2023): Open Access Indonesia Journal of Social Sciences
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/oaijss.v6i3.228

Abstract

The Election Supervisory Board (Bawaslu) has an important role in maintaining democracy in Indonesia, one of which is through resolving election disputes. This research aims to analyze the factors that hinder the resolution of election disputes within the authority of Bawaslu. The research method used is qualitative with a case study approach. Research data was obtained through in-depth interviews with key informants, namely Bawaslu members, academics and election law practitioners. The research results show that there are several factors that hinder the resolution of election disputes within Bawaslu's authority, namely: Time limitations: Election process disputes must be resolved quickly, so Bawaslu is often pressed for time; Limited human resources: Bawaslu lacks competent human resources in handling disputes, especially at the regional level; Budget limitations: Bawaslu's budget is often insufficient for dispute resolution needs, such as court and witness costs; Lack of coordination: Coordination between institutions regarding election dispute resolution still needs to be improved; Dispute complexity: Election disputes are often complex and involve many parties, so they require a lot of time and effort to resolve.
The Value Of Justice In Dispute Resolution BAWASLU Erniyanti Erniyanti; Febry Rizky Al Fadilla Sitompul; Ngatemi Ngatemi
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.960

Abstract

Elections in Indonesia have experienced many obstacles, including money politics, data manipulation, deliberately eliminating other people's voting rights, deliberately providing untrue information about themselves or others about a matter required for filling out the voter list, determining the number of ballots printed exceeds the number determined by law, and so on, which causes election disputes. The settlement of legislative election disputes is resolved by Bawaslu, and if an election crime occurs, it will be forwarded to the police. In fact, in resolving disputes in the regional elections that occur, Bawaslu is still unable to accommodate the sense of justice of the parties to the dispute. Therefore, it is necessary and very important to reconstruct the substance, structure, and culture of the electoral management institution to resolve electoral disputes, especially the regional election, in order to produce a fair regional election (election of governors, rectors, and mayors).
Juridical Analysis Of Unregistered Kaveling Land Transactions In Batam City Kelly Kelly; Erniyanti Erniyanti
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1679

Abstract

Unregistered kaveling land creates legal uncertainty for parties involved in buying and selling transactions. Without a certificate, the legal ownership status of the land remains unclear. Based on the discussions in this thesis, the issues addressed are: 1) Legal Regulations of Unregistered Kaveling Land Transactions. 2) Implementation of Unregistered Kaveling Land Transactions. 3) Constraints and Solutions for Unregistered Kaveling Land Transactions in Batam City. The research method employed is empirical legal research with a qualitative approach. The approaches used include statute approach and conceptual approach. Primary data was obtained through in-depth interviews. The research findings indicate that specific legal regulations governing transactions of unregistered kaveling land are not clearly defined in the law. Nevertheless, land transactions in Indonesia are governed by various regulations, including the Civil Code, Law No. 5 of 1960 on Basic Agrarian Principles, and Government Regulation No. 18 of 2021 concerning Amendments to Government Regulation No. 24 of 1997 on Land Registration. However, there are relevant regulations that also govern aspects related to land transactions in Indonesia. Constraints in the practice of unregistered kaveling land transactions in Batam City include lack of knowledge or understanding among the public regarding land certificate application procedures. The public often perceives sporadic possession letters or Location Determination Maps (PL) as sufficient evidence of legitimate ownership.
Juridical Analysis Of Human Rights Protection For Indonesian Migrant Workers Shipped Illegally : Research Study At The Riau Islands Police Directorate Salamun Salamun; Bachtiar Simatupang; Ramlan Ramlan; Soerya Respationo; Erniyanti Erniyanti
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1680

Abstract

This research focuses on "Juridical Analysis of Human Rights Protection of Indonesian Migrant Workers Sent Illegally (Research Study at the Directorate of Criminal Investigation of the Riau Islands Police)". The background of this study is based on the increasing number of cases of Indonesian migrant workers being sent illegally in the Riau Islands, a region that has an important role as an exit point for many migrant workers abroad. This reflects the urgent need to examine the extent of the effectiveness of the law and human rights protections provided to migrant workers. The purpose of this study is to analyze and evaluate the effectiveness of the implementation of human rights protection for illegally sent migrant workers, as well as to identify obstacles and solutions in the implementation of such protection by the Riau Islands Police Directorate of Criminal Investigation. This study uses normative and empirical juridical research methods, combining analysis of legal documents and in-depth interviews with stakeholders involved, including law enforcement officials, victims, and NGOs involved in migration issues. The results show that although there is a legal framework that includes the Migrant Worker Protection Law and the Human Rights Law, there are still weaknesses in its implementation. The main obstacles identified include limited resources, ineffective interagency coordination, and low legal awareness among migrant workers. Based on these results, the suggestions submitted include increasing the allocation of resources for the Directorate of Criminal Investigation to strengthen investigations and enforcement, improve the inter-agency coordination system, and increase education programs for the public about their rights as migrant workers. This advice is expected to help strengthen human rights protections for Indonesian migrant workers who are sent illegally.
Optimization And Existence Of The Role Of National Police Investigators In The Investigation And Investigation Of Corruption In Local Government Grant Spending : Research Study At The Riau Islands Police Directorate Suhendri Atmoko; Dahlan Dahlan; Ramlan Ramlan; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1681

Abstract

The crime of corruption in local government grant spending is a serious problem that has an impact on state losses and public trust in the government. This research focuses on optimizing and existing the role of National Police investigators in the investigation and investigation of corruption crimes at the Riau Islands Police Directorate of Criminal Investigation (Riau Islands). The background of this research is the importance of the role of the National Police in uncovering and eradicating corruption, as well as the challenges faced in its implementation. The purpose of this study is to identify the obstacles faced by National Police investigators and find optimal solutions to increase the effectiveness of investigations and investigations into corruption in local government grant spending. The research method used is a qualitative method with a case study approach. The data was obtained through in-depth interviews with investigators at the Riau Islands Police Directorate of Criminal Investigations, analysis of legal documents, and direct observation of the investigation and investigation process. Data analysis was carried out using triangulation techniques to ensure the validity and reliability of the findings. The results of the study show that National Police investigators face various obstacles, including limited human resources and technology, the complexity of corruption cases, political intervention, weaknesses in the internal supervision system, and a less supportive legal culture. The proposed solutions include increasing the capacity and competence of investigators through special training, procurement of advanced technology, increasing operational budgets, and strengthening cross-agency cooperation such as with the KPK and BPKP. In addition, adequate legal protection for investigators and reform of local government internal supervision are essential to ensure the independence and effectiveness of investigations. This study suggests that National Police investigators continue to improve their capacity and competence, the community actively participates in supervising the use of grant funds, and local governments strengthen the supervision and transparency system. With this holistic approach, it is hoped that the role of National Police investigators in eradicating corruption in local government grant spending can be optimized and its existence will be further strengthened.
Juridical Analysis Of Criminal Acts Of Narcotics Dark Circulation Made A House As A Methamphetamine Factory In The Region Batam City: Research Study At BNNP Kepri Julian Maulana Syukra; Sayid Fadhil; Erniyanti Erniyanti
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1691

Abstract

The illicit trafficking of drugs among young people is an action that does not match the norms and social values that apply in citizens. Deviations are intertwined if a person or group of people does not comply with the norms and values that have been in force in citizens. The trigger for the formation of drug trafficking among young people is caused by some aspects of internal aspects and external aspects. Narcotics illicit trafficking policies make homes a methamphetamine factory in the Batam City area, including its own policies Implementation of narcotics illicit trafficking, supervision of police investigators in implementing the application of narcotics illicit trafficking on narcotics illicit trafficking carried out by internal supervisors namely P4GN and BNN, so that the investigation conducted by investigators in the illicit trafficking of this narcotics is protected from unwanted deviations. Supervision efforts carried out by investigators are expected that the implementation of this policy can be felt by the community. However, in the surrender it is expected to be assisted by the external supervision of the National Police and also from the community itself. Because the perpetrators of the illicit trafficking of narcotics are victims who are in dire need of supervision, so they can return with a life that is free from narcotics, and it is very necessary to support family and community supervision in the perpetrators.
Analisis Yuridis Dimensi Pertanggungjawaban Hukum Atas Pembatalan Nikah Untuk Meneguhkan Kepastian Hukum Muzahar, Muzahar; Ida, Ansharullah; Erniyanti, Erniyanti
Jurnal Syntax Fusion Vol 2 No 09 (2022): Jurnal Syntax Fusion: Jurnal Nasional Indonesia
Publisher : CV RIFAINSTITUT

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54543/fusion.v2i12.238

Abstract

This study aims to find out and analyze the implementation of legal responsibility for marriage annulment in Decision Number: 245/Pdt.G/2021/PA.Btm. To find out and analyze Decision Number: 245/Pdt.G/2021/PA.Btm regarding legal liability for marriage annulment by the Religious Courts to strengthen legal certainty. This study uses a descriptive analytical research type method using an empirical juridical approach. The results of the study show that the implementation of legal responsibility for marriage annulment in Decision Number: 245/Pdt.G/2021/PA.Btm did not run optimally because the Respondent never attended the trial process and the Panel of Judges made a decision by granting the Petitioner's request with verstek, and declaring null and void The marriage of the Petitioner and Respondent was held on September 19 2020 before the Marriage Registrar of the Office of Religious Affairs (KUA). Analysis of Decision Number: 245/Pdt.G/2021/PA.Btm on legal responsibility for canceling marriages by the Religious Courts to confirm legal certainty, namely that the cancellation of marriages can be accounted for and realized to strengthen legal certainty. This is because the Petitioner in this case has fulfilled all the requirements specified for annulment of marriage. Apart from that, the annulment of the marriage which was granted by the Panel of Judges also provided a sense of justice for the Petitioner, who so far had the right to receive spiritual support but the Respondent as a married couple was unable to fulfill it. For this reason, it is recommended for couples who want to get married to be open to each other about each other's shortcomings. To parents to carefully consider every process of applying for an annulment of marriage, and try to maintain their children's household as best as possible and to the Panel of Judges to consider the decision as fair as possible and ensure the wishes of both parties