Garuda - Garba Rujukan Digital

LEGAL ANALYSIS OF LEGAL CERTAINTY REGARDING THE USE OF AU-TOMATIC GATES (AUTOGATE) AT THE IMMIGRATION CHECKPOINT OF THE INTERNATIONAL PORT OF CITRA TRITUNAS (A RESEARCH STUDY AT THE CLASS I SPECIAL IMMIGRATION OFFICE OF TPI BATAM) Immanuel Simanjuntak; Ramlan; Bachtiar Simatupang; Erniyanti
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.v5i5.4017

The modernization of Indonesia's immigration system through the use of digital technology is a response to the need for efficient, fast, and legally guaranteed public services. One such innovation is the use of automatic gates (autogates) at Immigration Checkpoints (TPI), including at Citra Tritunas International Port, Batam. However, the implementation of autogates as an immigration inspection tool raises various legal issues, ranging from regulatory loopholes, technical obstacles, to cultural resistance that can threaten legal certainty and the protection of user rights. This study aims to analyze the regulation and implementation of autogate use from a legal certainty perspective, as well as identify obstacles and formulate relevant solutions. This study uses normative and empirical legal methodologies, with a regulatory approach, field interviews, and direct observation at the Class I Special Immigration Office for the Batam Port Area. John Rawls' theory of justice serves as a grand theory, Lawrence M. Friedman's theory of legal systems as a middle theory, and Sudikno Mertokusumo's theory of legal certainty as an applied theory. The research findings indicate that, from a normative perspective, the use of automatic gates has been regulated through the Regulation of the Minister of Law and Human Rights No. 9 of 2024; However, this is not yet supported by detailed technical regulations, such as standard operating procedures (SOPs) and operational guidelines. Field implementation demonstrates procedural efficiency; however, it still faces technical glitches, infrastructure limitations, and low user understanding. These obstacles result in legal uncertainty and inadequate protection of user rights. Therefore, technical regulatory updates, human resource training, public awareness campaigns, and strengthened cross-sector coordination and digital-based monitoring systems are needed.

LEGAL ANALYSIS OF THE APPLICATION OF THE CONCEPT OF ‘HUMAN SECURITY’ IN IMMIGRATION POLICY TO COMBAT HUMAN TRAFFICKING IN INDONESIA (A RESEARCH STUDY AT THE CLASS I SPECIAL IMMIGRATION OFFICE IN BATAM) Randy Asmoro Dwi Purnomo; Ramlan; Dahlan; Erniyanti
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.v5i5.4022

Human Trafficking (TPPO) is a complex and evolving transnational crime, particularly in border areas such as Batam City, which serves as a strategic route for cross-border human movement. Combating TPPO requires not only a repressive legal approach but also a human security-based protection approach that places individuals at the center of protection efforts. This study aims to analyze from a legal perspective how the concept of human security is applied in Indonesian immigration policy to combat TPPO, with a specific focus on the Batam Class I Special Immigration Office. The research methods used are normative legal methods and empirical legal methods with a statutory and sociolegal approach. Data were obtained through literature studies, legal documentation, and interviews with immigration officials and relevant agencies in Batam. The results of the study indicate that existing laws and regulations, such as Law Number 6 of 2011 concerning Immigration and Law Number 21 of 2007 concerning the Eradication of TPPO, have provided an adequate legal basis. However, the implementation of the human security concept in immigration policy has not been optimal due to overlapping regulations, weak inter-agency coordination, technological limitations, and officials' lack of understanding of human security principles. The Batam TPI Immigration Office has attempted to implement preventive and repressive measures, but still requires increased institutional capacity and inter-agency synergy. Recommendations include the development of integrated operational guidelines based on human security, training immigration officers, strengthening early detection systems and inter-agency coordination, and increasing the state's role in ensuring comprehensive legal protection for victims of human trafficking.

OPTIMIZING IMMIGRATION PUBLIC SERVICES THROUGH ADMINISTRATIVE AUTHORITY AT BATAM IMMIGRATION CHECKPOINTS Ahmad Rifki; Soerya Respationo; Siti Nurkhotijah; Erniyanti; Ramlan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

services through administrative authority at the Batam Center Port Immigration Checkpoint (TPI), identify the accompanying obstacles, and formulate relevant policy solutions. Research Methodology: The research uses an empirical juridical approach (socio-legal research) with qualitative methods, combining legislative, conceptual, case, and socio-legal approaches, through semi-structured interviews with immigration officials, field observations on the implementation of digital-based international arrival reporting, and document studies at the Batam Class I Special Immigration Office TPI. Results: The administrative authority of Immigration Officers at the Batam Center TPI has strong legal legitimacy through attribution, delegation, and mandate mechanisms, but the implementation of digital services via the All Indonesia Application is not optimal due to regulatory gaps, the absence of imperative administrative sanction norms, and the unavailability of standard Contingency Plan SOPs. The Reliability Dimension has not been achieved due to server latency during peak hours, while the Responsiveness Dimension of officers is high but functions as a compensating factor that shifts the role of officers from border law enforcement to technical assistance. From the perspective of Aristotle's Theory of Justice, a single digital service scheme has the potential to harm distributive justice for vulnerable groups, while corrective justice for system failures is still ad-hoc because it has not been institutionalized. Conclusion: Optimizing immigration public services at TPI Batam Center requires holistic legal and bureaucratic engineering in three dimensions at once, namely legal substance, legal structure, and legal culture, as per the Friedman Legal System Theory framework, so that the balance of the Four Immigration Functions can be realized without sacrificing state security or the quality of public services. Limitations: The research is limited to one locus, namely the Batam Center Port TPI, with qualitative data based on interviews with a limited number of informants, so generalizations to other TPIs with different characteristics need to be done carefully. Contribution: This research contributes to the development of state administrative law and immigration law, particularly regarding administrative authority in digital border governance, and proposes concrete recommendations for the Directorate General of Immigration and the Batam Immigration Office.

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

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

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.

LEGAL ANALYSIS OF THE APPLICATION OF RESTORATIVE JUSTICE TOWARDS TRAFFIC ACCIDENT CRIMINAL ACTS RESULTING IN DEATH ACCORDING TO LAW NUMBER 22 OF 2009 CONCERNING TRAFFIC AND ROAD TRANSPORTATION (RESEARCH STUDY IN BATAM CITY) Dicky Eryzon; Erniyanti; Ramlan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Law enforcement against traffic accident crimes resulting in death based on Article 310 paragraph (4) of Law No. 22 of 2009 in Batam City is still dominated by a punitive-retributive approach. This condition triggers a gap phenomenon with the paradigm of restorative justice as mandated in the new sentencing objectives of Law No. 1 of 2023 on the National Criminal Code. This study aims to analyze the legal regulation of fatal traffic accidents, the actual implementation of restorative justice in Batam City, as well as the obstacles and efforts to address them. The research method used is normative-empirical law with statutory, conceptual, and empirical approaches. The research data are sourced from secondary legal materials as well as primary data obtained through in-depth interviews with investigators from Satlantas Polresta Barelang, prosecutors from Kejari Batam, judges from PN Batam, legal counsel, and members of the Lembaga Adat Melayu (LAM) Kota Batam board. Research findings indicate that the current legal framework has produced vertical normative tensions and a lack of operational laws at the statutory level. The implementation of restorative justice in Batam City has not been optimal, with only 37 out of a total of 275 fatal cases resolved between 2023–2025. Peace agreements and material compensation are generally reduced merely to mitigating factors in court. The main obstacles stem from ambiguous legal provisions, sectoral egos and structural fears among law enforcement officials of ethical sanctions, limited integrated mediation facilities, as well as a culture of transactional law. Efforts undertaken include drafting a regional Integrated Joint Decree (SKB) and involving traditional community leaders. It is recommended that lawmakers revise the UU LLAJ to synchronize with the New KUHP, that Forkopimda Batam immediately ratify a local Integrated SKB as a legal umbrella for officials' discretion, and that the institutionalization of LAM Batam’s role as a neutral mediator be pursued to prevent economic discrimination.

Title

Found 6 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 6 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 6 Documents
Search