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JURIDICAL ANALYSIS OF THE APPLICATION FOR THE ORIGIN OF CHILDREN OUT OF WEDLOCK AGAINST THE CHILD PROTECTION LAW (CASE STUDY AT THE BATAM RELIGIOUS COURT) Erniyanti; Cut Ria Mariana; Parameshwara
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 3 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i3.4054

Abstract

Legal matters concerning the status of children born out of wedlock remain intricate and necessitate specialized treatment within the national legal framework, particularly with the safeguarding of children's civil rights. A legal measure to secure recognition for children born out of wedlock involves applying to the establishment of parentage in the Religious Court. This study seeks to examine the legal foundations and procedures for applications concerning the status of out-of-wedlock children presented to the Batam Religious Court. It aims to assess the implementation and legal ramifications of the court's rulings on the legal status of these children and their implications for the children's civil rights, while also formulating legal solutions to enhance protection for children born outside of wedlock. This study employs normative juridical and empirical juridical methodologies by analyzing laws and regulations, specifically Constitutional Court Decision No. 46/PUU-VIII/2010, alongside five rulings on child origin cases from the Batam Religious Court as primary data sources. The theoretical framework employed includes Justice Theory as the overarching theory, Legal System Theory as the intermediary theory, and Maslahah Mursalah Theory as the practical application theory. The research findings indicate that the Batam Religious Court typically dismisses applications about a child's lineage in the absence of acceptable marital evidence under Islamic law, despite the presence of biological evidence such as DNA test results. Consequently, the child fails to establish a civil relationship with their father and forfeits certain essential legal rights. Consequently, the alignment of Islamic law, national law, and population administration law is essential, along with the formulation of a national Standard Operating Procedure that prioritizes child protection and non-discrimination principles.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS IN IMMIGRATION (A RESEARCH STUDY AT THE CLASS II IMMIGRATION OFFICE OF TANJUNG BALAI KARIMUN) Ramono Winawan; Soerya Respationo; Parameshwara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4021

Abstract

Border areas such as Tanjung Balai Karimun have a strategic position as entry and exit points for foreign nationals (WNA), thus requiring strict and effective immigration supervision. One form of such supervision is the implementation of immigration administrative measures, as stipulated in Law No. 6 of 2011 concerning Immigration. However, in practice, the implementation of administrative measures such as refusal of entry, deportation, and prevention still faces various obstacles. This study aims to analyze the legislation, implementation, obstacles, and solutions for the implementation of immigration administrative measures at the Tanjung Balai Karimun Class II Immigration Office. This study uses a normative legal approach and an empirical legal approach with a sociological approach (socio-legal approach). Legal materials were obtained through document studies, interviews with immigration officials, and direct observation of the implementation of administrative measures in the field. The results of the study indicate that, from a normative perspective, the laws and regulations governing administrative measures are adequate and comprehensive, supported by implementing regulations such as Government Regulation No. 31 of 2013 as amended by Government Regulation No. 40 of 2023 and Ministerial Regulation No. 2 of 2025. However, from an implementation perspective, its implementation remains ineffective due to limited human resources, inadequate intelligence training, a lack of supporting facilities, weak inter-agency coordination, and low public legal awareness. Therefore, increasing institutional capacity, enhancing cross-sectoral coordination, utilizing intelligence technology, and providing legal education to the public are necessary strategies to systematically improve the effectiveness of immigration administrative actions.
Criminal Liability and Business Judgment Rule in Indonesia’s Sovereign Wealth Fund: The Case of BPI Danantara Parameshwara; Ramlan; Khairul Riza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22124185

Abstract

This article examines the issue of criminal liability of corporate executives within the structure of Indonesia’s Sovereign Wealth Fund, particularly BPI Danantara, in relation to investment losses and anti-corruption enforcement. It highlights how regulatory inconsistencies and institutional overlap complicate legal accountability when public wealth is managed through a private corporate model. The purpose of this article is to critically analyze the legal construction of executive responsibility in BPI Danantara by examining the interplay between the Business Judgment Rule (BJR), the principle of public accountability, and the current limitations of corruption law enforcement in Indonesia. This study employs normative legal research using statutory, conceptual, historical, and case-based approaches. Legal sources include primary laws and constitutional court rulings, supported by secondary materials such as legal journals and authoritative commentaries. Analysis is conducted through juridisch denken (legal reasoning) to assess the consistency of norms. The findings of this study reveal that the current legal framework provides de jure protection to executives under the BJR, but in the absence of oversight and transparency, it may foster legal impunity. The classification of state-invested assets as private capital under BPI Danantara limits the scope of criminal liability, highlighting the urgent need for harmonization between corporate governance standards and anti-corruption legal norms in the context of sovereign wealth fund operations.
Money Laundering Risk in Batam's Special Economic Zone: Industrial Vulnerabilities and Enforcement Gaps Ramlan; Darwis Anatami; Parameshwara; Khairul Riza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22124255

Abstract

Purpose: This study analyzes the forms of money-laundering risk emerging from industrial activity in the Batam Special Economic Zone (SEZ), evaluates the effectiveness of legal enforcement and preventive measures, and identifies the institutional obstacles that constrain risk mitigation in the zone. Methodology: The research applies a normative-empirical (socio-legal) approach combining statutory and case analysis. Primary data were collected through in-depth interviews with law enforcement officials, financial-intelligence analysts from Indonesia's Financial Transaction Reports and Analysis Center (PPATK), industrial actors, and Batam SEZ authorities, supplemented by secondary data from statutes, court records, and institutional risk assessments, and analyzed using a qualitative-descriptive method. Findings: The Batam SEZ is highly vulnerable to money laundering, particularly through fictitious export-import transactions, under-invoicing, abusive transfer pricing, and the use of shell companies. Although a comprehensive regulatory framework and reporting infrastructure exist, enforcement remains weakened by institutional fragmentation, the absence of fully risk-based supervision, and limited corporate compliance with Anti-Money Laundering standards, patterns that recur across documented cases and parallel compliance failures elsewhere in the zone's regulatory architecture. Limitations: The study is constrained by limited access to confidential financial data and by its focus on a single SEZ; broader comparative research across other zones and jurisdictions is needed. Contribution: The study contributes to the discourse on economic-crime prevention by mapping practical vulnerabilities within SEZ industrial sectors and proposing integrated, risk-based enforcement and asset-recovery strategies, including expanded reporting obligations, strengthened Non-Conviction Based Asset Forfeiture, and the prospective use of Deferred Prosecution Agreements.