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All Journal Jurnal Hukum Samudra Keadilan Unes Law Review AMALIAH: JURNAL PENGABDIAN KEPADA MASYARAKAT Open Access Indonesia Journal of Social Sciences Jurnal Syntax Fusion : Jurnal Nasional Indonesia International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Ilmu Sosial dan Humaniora Journal of Education Religion Humanities and Multidiciplinary International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Kajian Ilmiah Hukum dan Kenegaraan International Journal of Humanities and Social Sciences Reviews International Journal of Social Science and Humanity Jurnal Insan Pengabdian Indonesia Dynamics of Politics and Democracy Annals of Justice and Humanity Studi Akuntansi dan Bisnis Indonesia
Erniyanti Erniyanti
Universitas Batam, Batam, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Physics Public Health Social Sciences Other

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Juridical analysis of legal certainty and protection of the parties in the cooperation agreement for the establishment of a health clinic at PT. Melaka Medives Cakra, Batam City Dedy Cakra Wijaya; H.M. Soerya Respationo; Erniyanti Erniyanti
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3417

Abstract

Purpose: This study aims to analyze the legal arrangements, implementation, as well as obstacles and solutions in cooperation agreements for the establishment of health clinics at PT Melaka Medives Cakra in Batam City. The focus lies on aspects of legal certainty and the protection of parties involved. The research uses a combination of normative juridical and empirical juridical approaches. Method: Data were collected through the study of laws and regulations, legal literature, and primary sources, including interviews with stakeholders and field observations. The analysis is based on positive law theory, Lawrence M. Friedman’s legal system theory, and Sudikno Mertokusumo’s legal certainty theory. Result: Although the cooperation agreement was legally valid as an authentic deed, issues such as vague clauses, differing interpretations, and administrative barriers arose. Through addenda, legal support, and stronger dispute resolution clauses, the parties maintained stability and ensured fair legal protection. Conclusion: The study concludes that clarity in contract drafting, early involvement of legal assistance, and simplified licensing procedures are crucial for ensuring legal certainty and sustainable cooperation in the health care sector. Limitation: This research is limited to a single case study in Batam City, thus its findings may not fully represent similar cooperation agreements in other regions or health sectors. Contribution: The study contributes by providing practical insights into strengthening legal certainty in health sector cooperation agreements. It offers recommendations for policymakers, practitioners, and stakeholders to foster a legal ecosystem that supports sustainable collaboration and equitable protection of rights.
Juridical analysis of abandoned shares in the process of changing the status of a public company to a private company Herry Wahyu Andradjadi; Erniyanti Erniyanti; Markus Gunawan
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3420

Abstract

Purpose: This study aims to analyze the legal framework, practical implementation, challenges, and possible solutions related to stranded shares in the process of converting a public limited liability company (PT) into a private PT (go private). Methodology: A normative juridical approach was applied by examining relevant legal instruments, including the Company Law, Capital Market Law, and OJK regulations. An empirical juridical approach was also employed through interviews with notaries, OJK officials, capital market practitioners, and case studies of issuers facing obstacles due to stranded shares. Results: The findings indicate that the absence of specific regulations regarding the classification and settlement of stranded shares significantly hampers the achievement of the General Meeting of Shareholders (GMS) quorum and obstructs the effectiveness of tender offers. Consequently, this condition delays the going private process and causes harm to active shareholders. Conclusion: Legal uncertainty resulting from unregulated stranded shares undermines corporate restructuring in the capital market. A comprehensive regulatory revision and enforcement mechanism are needed to address the issue effectively. Limitation: This research focuses on stranded shares in Indonesia’s capital market and does not provide comparative perspectives from other jurisdictions, which may offer alternative mechanisms. Contribution: This study enriches academic discourse and provides policy recommendations by highlighting the need for regulatory reform, the establishment of judicial remedies to exclude inactive shares, and investor education. It contributes to strengthening legal certainty and stakeholder protection in corporate governance.
Juridical analysis of land rights release with ownership certificates purchased by limited liability companies from land law perspective Christian Jericho; Laily Washliati; Erniyanti Erniyanti
Annals of Justice and Humanity Vol. 5 No. 1 (2025): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v5i1.3423

Abstract

Purpose: This study aims to analyze the legal framework for the release of Freehold Title (SHM) land purchased by Limited Liability Companies (PT) in Batam. It focuses on the regulatory basis, implementation practices, and the challenges and solutions in the conversion process to Right to Build (HGB). Methodology: The research employs a descriptive sociological-juridical method combined with a normative legal approach to examine secondary data, and an empirical approach to gather primary data through field research. The analysis integrates statutory interpretation and practical observations from stakeholders. Results: Findings reveal that SHM land purchased by a PT must first be released and transferred to the state before being converted to HGB. The process involves drafting a deed of release before a notary, fulfilling BP Batam’s regulatory requirements, and submitting an HGB application to BPN under Minister of ATR/BPN Regulation No. 5 of 2025. Conclusion: The legal certainty of land release in Batam depends on technical regulations, institutional coordination, and digital integration. While the current system provides a mechanism, procedural and administrative delays persist. Limitations:The study is limited to the Batam context and relies on selected field data. Broader generalization may require comparative studies across other special economic zones in Indonesia. Contribution: This research contributes to the discourse on land law reform in Indonesia by offering practical legal solutions, including the need for technical regulations on release deeds, improved inter-agency coordination, and digital land information systems to ensure efficiency and certainty in land rights conversion.
Juridical analysis of the application of the code of ethics to notaries who commit occupational violations Jumianto Jumianto; Ali Amran; Erniyanti Erniyanti
Annals of Justice and Humanity Vol. 5 No. 1 (2025): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v5i1.3427

Abstract

Purpose: This study aims to analyze the legal arrangements governing the Notary code of ethics in Indonesia, particularly in Tanjungpinang City, examine its practical application in cases of office violations, and identify the obstacles and solutions in enforcing professional discipline. Methodology: The study applies normative and empirical juridical approaches, using legal reviews of the Notary Position Law and INI Code of Ethics, supported by interviews, documentation, and field observations of supervisory practices by the Regional Supervisory Assembly and the INI Honor Council in Tanjungpinang City. Results: The study finds that although notarial ethical regulations are comprehensive, practical enforcement remains inconsistent due to persistent violations, low ethical awareness, weak coordination, and limited public legal literacy. Conclusions: The enforcement of the notarial code of ethics in Tanjungpinang City is still suboptimal despite sufficient normative frameworks. Effective enforcement requires strengthening institutional coordination, raising public awareness, and conducting periodic evaluations of ethical regulations. Limitations: This research is geographically limited to Tanjungpinang City and primarily focuses on current supervisory mechanisms. Broader comparative studies across different regions could provide deeper insights into systemic issues in notarial supervision. Contribution: The study contributes to the discourse on professional accountability in the notarial field by highlighting the gap between normative regulation and empirical practice. It also provides recommendations for improving institutional oversight and public legal awareness, thereby enhancing legal certainty and professional integrity in notarial services.
Analysis of the Effectiveness of the DPRD's Supervision Function on Batam City Regional Government Performance Putra Yustisi Respaty; Erniyanti Erniyanti; Darwis Anatami; Soerya Respationo
Studi Akuntansi dan Bisnis Indonesia Vol 1 No 1 (2025): January
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM), Sekolah Tinggi Ilmu Ekonomi Krakatau

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Abstract

Purpose: This study analyzes the effectiveness of the Batam City DPRD’s supervisory function and the factors affecting it, amid challenges like limited resources, political intervention, low public access to information, and suboptimal member competence. Methodology/approach: This study uses normative juridical and sociological empirical methods through literature review and fieldwork involving DPRD members, local officials, and the public, with descriptive analysis of supervision aspects like DPRD involvement, transparency, government response, and public participation. Results/findings: The Batam City DPRD’s supervisory function is hindered by limited resources, political interference, low public participation, and weak member capacity, though active involvement and government response help improve its effectiveness. Conclusions: The study concludes that Batam City DPRD's oversight is essential but limited by internal and external factors. Improving member competence, public involvement, and minimizing political interference are key to strengthening its effectiveness. Limitations: This study is limited to the context of the Batam City DPRD and may not reflect conditions in other regions. The findings are also based on qualitative data, which may be subject to respondent bias and limited generalizability. Contribution:. This research identifies key factors in DPRD oversight and provides insights to improve legislative governance and guide future studies on regional legislative performance.
LEGAL ANALYSIS OF LEGAL PROTECTION FOR CONSUMERS IN FINANCING AGREEMENTS WITH FIDUCIARY GUARANTEES IN THE DIGITAL AGE (RESEARCH STUDY IN THE CITY OF BATAM) Aris Munandar; Soerya Respationo; Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

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Abstract

Land issues in Batam City have become an important issue due to the development of digital technology, which has driven changes in the mechanism of financing agreements with fiduciary guarantees, from conventional systems to electronic systems through Fidusia Online services. This situation has legal implications, particularly in relation to legal protection for consumers who are faced with standard clauses, the risk of misuse of personal data, and unilateral enforcement practices by creditors. This study aims to analyze the legal regulations regarding the role of notaries in ensuring the validity of digital fiduciary agreements, examine the implementation of the role of notaries in protecting consumer rights, and identify obstacles and formulate solutions in the implementation of legal protection in Batam City. The research method used is normative legal with a regulatory approach to examine regulations related to digital fiduciary, as well as empirical legal through interviews and observations with notaries and consumers in Batam City to obtain primary data. The theories used include the theory of justice as a grand theory, consumer protection theory as a middle theory, and legal effectiveness theory as an applied theory. The results of the study show that normatively, the legal basis for digital fiduciary agreements is found in the Fiduciary Guarantee Law, the ITE Law, the Consumer Protection Law, and the Minister of Law and Human Rights Regulation on Online Fiduciary, although there are still gaps in regulations related to digital deeds and electronic signatures. Empirically, notaries play an active role in explaining the contents of agreements, supervising the obligations of creditors, and protecting consumer rights. However, the effectiveness of legal protection is still hampered by limitations in digital infrastructure, low consumer legal literacy, and arbitrary enforcement practices by creditors. The recommendations include harmonizing digital fiduciary regulations with consumer protection, strengthening the role of notaries in providing digital legal advice, improving infrastructure and technology training, supervising digital contracts by the OJK and the Ministry of Law and Human Rights, and increasing legal education for the public so that they better understand their rights and obligations.
Juridical Analysis of Option Agreements in Apartment Ownership by Foreign Nationals Meily Ferawati; Irpan Husein Lubis; Erniyanti Erniyanti; Markus Gunawan
Annals of Justice and Humanity Vol. 5 No. 2 (2026): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v5i2.3435

Abstract

Purpose: This study examines the legal protection of option agreements used by foreign nationals (FNs) to acquire apartment ownership in Batam City. It evaluates the regulatory framework, practical implementation, challenges, and the extent to which such agreements provide legal certainty for both developers and FNs. Methodology: A normative juridical approach was combined with a socio-legal method. Secondary data were obtained from legislation, legal literature, and jurisprudence, while primary data were gathered through interviews with notaries, government officials, developers, and foreign buyers in Batam. Results: The findings reveal that option agreements, though widely applied, lack explicit regulation in Indonesian law. Their legal force relies on the contractual freedom principle under the Civil Code, making them valid but weak in providing ownership rights. In practice, they are often used as alternatives to bypass restrictions on foreign ownership, but this creates potential legal uncertainty, especially in cases of default, regulatory changes, or disputes. Conclusion: Option agreements serve only as contractual instruments and fail to provide comprehensive legal protection or full ownership rights for FNs under Indonesian agrarian law. Clearer statutory provisions are required to enhance certainty and prevent abuse. Limitations: The research is limited to Batam City and does not fully capture variations across other regions. Data on disputes and enforcement are also limited. Contribution: This study identifies regulatory gaps in option agreements and emphasizes the need for government intervention through clearer policies, offering recommendations for policymakers, land agencies, and notaries to enhance investor protection, legal certainty, and national sovereignty.
Co-Authors Ady Satrio Gustian Ali Amran Ali Amran Andri Gotama Andriani, Tania Puji Ansharullah Ida, Ansharullah Aprilyani Aprilyani Aris Munandar Bachtiar Simatupang Bachtiar Simatupang Bagus Putra Setiawan Bagus Riadi Celine Tio Christhopher Theodore Nathanael Christian Jericho Dahlan Dahlan Dahliana Munthe Darwis Anatami Darwis Anatami Darwis Anatami Darwis Anatami Dedy Cakra Wijaya Dewi Ayu Nawang Edy Supandi Erlys Erlys Fadlan Fadlan Fadlan Fadlan Febra Anjar Kusuma, Febra Anjar Fernando Chandra Firman Firman Gahara Herawati Guswanda Andi Putra Pratama H.M. Soerya Respationo H.M. Soerya Respationo Herry Wahyu Andradjadi Horas Sahatma Hatuaon Idham Idham Irpan Husein Lubis Ismed Batubara, Ismed Jerry Satriawan Jumianto Jumianto Lagat Parroha Patar Siadari Laily Washliati Laily Washliaty Lilis Suriyani M Tartib M. Soerya Respationo M. Tartib Markus Gunawan Markus Gunawan Marzuki Marzuki Meily Ferawati Michael Hasiholan Hutapea Muhammad Tartib Muhlizar Muhlizar Mukidi, Mukidi Muzahar Nadhirawaty Nadhirawaty Natasya Ferena Nina Firda Amalia Nurkhotijah, Siti Oyong Wahyudi Parameshwara Parameshwara Parameshwara Parameshwara Prasetyasari, Christiani Purba, Nelvitia Putra Yustisi Respaty Ramlan Ramlan Ramlan Ramlan Ramon Nofrial Ramon Nofrial Ramon Nofrial Ramon Nofrizal Robi Gotama Sayid Fadhil Sisilia Sisilia Soerya Respationo Soerya Respationo Soerya Respationo Soeryo Respatino Soeryo Respationo Sovia Sovia Susilo Susilo Tarigan, Rudy Utari Afnesia Wawan Hermawan Willi Otra Bismar Winda Isnaeni Yacob, Ardyansyah Yacobus Sukirno Yulia Hardhiyanti Putri Yulia Hardhiyanti Putri