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Rina Shahriyani Shahrullah
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Journal of Law and Policy Transformation
Published by Universitas Internasional Batam
ISSN : -     EISSN : 25413139     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and transformation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Search results for , issue "Vol 4 No 2 (2019)" : 20 Documents clear
Efektivitas Pelaksanaan Mediasi Dalam Penyelesaain Sengketa Perdata Di Pengadilan Negeri Batam Sugito Sugito
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.612

Abstract

Abstract To meet the needs of conducting Mediation that is more powerful and able to increase the success of Mediation in the Court so as to reduce the accumulation of cases in the court.Generally, the type of research used in this study is sociological (empirical) research methods. Based on the theory of legal effectiveness, there are 5 factors that influence the legal factor which are the law itself, law enforcement, facilities or facilities, community factors, and cultural factors. The conclusions of the research results that have been done through interviews and direct observations in the Batam District Court is the implementation of the mediation process in the Batam District Court has not been effective. Keywords: Effectiveness, Implementing Mediation and Civil Disputes.
Perlindungan Hukum Terhadap Pekerja Anak Dalam Transaksi Penjualan Koran di Kota Batam Wulan Mei Firina
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.685

Abstract

Indonesia’s constitution has been giving absolute protection regarding the employment and decent rights to live for its citizen. Based on that matter, the government and legislature worked together to legalize Law of Republic Indonesia Number 13 Year 2003 regarding Employment where there will be protection regarding the equality of opportunity, as well as the fair treatment for the workers. One of the aspects covered by this law is the welfare of child labor that is stated in article number 68 until 75. Article 68 has established that it is forbidden to employ child labor. Like any other cities in Indonesia, Batam is also partaking in this phenomenon that created a complex and problematic social issue. The objective of this research is to analyze the construction of the law that protects child labor, as well as the role of the media companies and the government in preventing this issue. The data has been collected by doing unstructured interviews and observation. The research is done in “Jurisdiction Sociologies” method. The result of the research shows that the jurisdiction commitment of the state is to protect the child labor through the construction of the law that prohibited underage children to work and even if they must, based on the provision of the norms, it is compulsory for them to receive a proper law protection. Media companies as the manufacturers of the newspaper have partaken in this illegal child labor. The governor officials in Batam should have gave the proper protection for the children, be it preventive or repressive.
Pemberlakuan Aturan Hukum Pajak Terhadap Youtuber dan Penjual Online Shop Rina Shahriyani Shahrullah; Elza Syarief; Aprillia Crystina
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.616

Abstract

Under Article 4, Section 1 of Income Tax Law No 36 of 2008 explicitly stated that income is the object of taxation. The income referred to is any additional economic ability that is obtained or received by the taxpayer with the intent to consume or improve the value of the taxpayer itself. Therefore, all income received by Youtuber or Online Shop Merchants needs to be taxed. The research has a purpose to find out which law that rules Youtuber and Online Shop Merchants especially in a field that concerns income tax. The experiment also reviews which sanction can be applied to Youtuber and Online Shop Merchant should they violate the law. This legal research is in normative form using both the legal approach and analysis approach towards legal concepts or theories. The theories used are the theory of justice and the theory of legal certainty. As for the legal substance, a secondary substance in a form of written laws and regulations as well as research results regarding the issue. Based on the result of this research, the law governing Youtubers and Online Shop Merchants are mentioned in Republic of Indonesia Ministry of Finance Regulation No 210/PMK.010/2018 about laws regarding Tax Application and Trade Transactions through e-commerce with a punishment of administrative sanction or criminal sanction should violation or breach of law occurs.
Implementasi dan Implikasi Asas Kekhususan Sistematis pada Tindak Pidana Telekomunikasi Triana Dewi Seroja; Winda Fitri
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.662

Abstract

Abstract The purpose of this research is to analyze and to find the implementation and implication of special systematical principle (lex specialis systematic) in cases of violations of the law committed by telecommunication corporations. This research uses the legal normative approach. It is a research method conducted by analyzing secondary data and utilizing a analytical descriptive. Based on the results of the analysis, it was found that the implementation of Anti-Corruption law in this regard is less precise. This kind of offense should fall under the Telecommunication law because the subject, object, and cause and effect of the violation are governed heavily by Telecommunication law. And the legal implications of the implementation of the Anti-Corruption Law generates legal uncertainty in law enforcement. This research offers a solution by fabricating a technical guideline in the enforcement of lex specialis systematic for the laws that contain the said special characteristic as a handbook when confronted by cases that hold the potential falling under several laws.
Perlindungan Hukum Terhadap Kreditur Atas Debitur Asing yang di nyatakan Insolvensi oleh Putusan Pengadilan Indonesia Edwar Kelvin
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.598

Abstract

The fundamental reason for the Insolvency of Penaga Timur (M) SDN.BHD Shipping Companies from Malaysia is because they did not submit Peace Proposals at the Creditor Meeting as stipulated in Law Number 37 of 2004 concerning Bankruptcy and PKPU, and at that time the Bankruptcy Institution was no longer accepting The peace between the creditor and the debtor, as a result, the Curator appointed by the court must immediately issue all the assets of the bankrupt debtor, but is constrained by the location of the bankrupt debtor's assets outside the territory of the Republic of Indonesia, and of course this is very detrimental to PT. WAS and PT UML as Creditors as Justice Seekers. Researchers conducted descriptive-exploratory research with a juridical-normative approach. From the results of the research that has been done, the researcher did not find a situation where the East Penol (M) SDN BHD insolvency was caused by the cash flow test approach method, or the balance sheet test or going concern value concept and also had no relation to the assessment of debtor financial ratios such as liquidity (liqidaty), solvency (solvability), profitability (profitability) and leverage as it applies in the Perspective of Bankruptcy Regime in general, and in this case the lack of regulation regarding the provisions of International Law relating to the Ordering of a Bankruptcy and / or Cross Border Insolvency in general. The curator has not been able to fulfill the rights of creditors for bankruptcy bodies outside the territory of the Republic of Indonesia.
Perlindungan Hukum Konsumen atas Barang yang tidak Terdaftar pada Sistem Bisnis Online Sucen Sucen
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.617

Abstract

One consequence of technological and communication advancement is the business activity that is usually done conventionally has started to shift into the electronic-based system by using a computer network. However, the phenomenon also generates a new problem that is related to the safety standard of products being sold, because many suspected of having no proper approval or license from authorized agency namely the National Agency for Drug and Food Control (NA-DFC). The cosmetic product is one of the examples. The objective of this research to analyze and elaborate legal protection through preventive and repressive means to consumers in the online business system from unregistered items or products in NA-DFC. The research used juridical normative approach, a method legal research where the analysis itself does not include data or social factors into account. Performing analysis on legal protection for consumers against unregistered products certainly cannot be separated from the Law of Consumer Protection.Result of the research shows preventive legal protection does exist and proven by the existence of Law of the Republic of Indonesia No. 8 of 1999 on Consumer Protection which explicitly states its information that consumers have appropriate protection against the act of deceit, harmful or even any action that may lead to dangerous consequences. The repressive legal protection comes in the form of a maximum of five years imprisonment or a maximum fine of Rp. 2.000.000.000,- for businesses or producers that produce and/or trade items and/or service that does not fulfill or incompatible with pre-determined standards.
Efektivitas Kebijakan Penggunaan Kendaraan Bermotor Terhadap Siswa/i SMA di Pulau Karimun Fedryk Soaloon Harahap
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.619

Abstract

ABSTRAK Lalu lintas merupakan sarana dan prasarana bagi manusia untuk menjalankan aktifitas kehidupan mereka sehari-hari, namun terkadang lalu lintas tersebut masih menyimpan segudang permasalahan-permasalahan baik secara hukum maupun non-hukum, salah satu permasalahan hukumnya adalah banyaknya penggunaan kendaraan bermotor oleh siswa/i SMA pengemudi kendaraan bermotor di bawah umur, terkhusus di Pulau Karimun. Permasalahan ini sulit untuk dikendalikan karena beberapa faktor-faktor tertentu dan saling keterkaitan satu sama lain, sehingga perlu kebijakan khusus yang selaras dari para stakeholder untuk menyelesaikan permasalahan tersebut. Dinas Perhubungan Kabupaten Karimun, SMA sederajat di Pulau Karimun, Korwas SMA di Kabupaten Karimun, Satlantas Polres Karimun, dan peran serta dealer dan orang tua menjadi faktor kebijakan yang saling keterkaitan. Penelitian ini akan mencoba menyimpulkan bagaimana faktor-faktor tersebut menimbulkan kebijakan yang bertentangan dengan hukum, sehingga diharapkan kedepannya dapat mencari solusi bersama sehingga terbentuk kebijakan yang lebih baik dan tidak bertentangan dengan hukum yang berlaku. Hasil dari penelitian ini akan menjadi rekomendasi bagi para stakeholder terkait untuk menyelesaikan permasalahan ini dan mampu menjadi solusi terbaik dengan menjamin keamanan, keselamatan, ketertiban, dan kelancaran dalam berlalu lintas khususnya di Pulau Karimun. Kata Kunci : Lalu Lintas, Siswa/i SMA, Pengemudi di bawah umur, Kendaraan bermotor. ABSTRACK Traffic is a means and infrastructure for people to carry out their daily life activities, but sometimes the traffic still holds a lot of problems oth legally adn non-legally, one of the legal problems is the high use of motorized vehicles by high school students under age vehicle driver or rider, especially on Karimun Island. This problem is difficult to control because of certain factors and interrelations with one another, so that special policies need to be aligned from the stakeholders to solve these problems. Karimun Regency Government, Senior High Schools on Karimun Island, Supervisor and coordinator senior high school government, Traffic Police of Karimun Resort Police, and participatiuon of vehicle dealers and parents were interrealated policy factor. This research will try to conclude how these factors lead to policies that conflict with the law, so that in the future it is expected to be able to find a joint solution so that best policies are formed and are not contrary to applicable of law. The result of this research will be a recommendation for relevant stakeholder to solve this problem and be able to be the best solution by ensuring security, safety, order, and smoothness in traffic, especially on Karimun Island. Keywords : Traffic, High School Students, Underage Drivers, Motorized Vehicles
Analisis Yuridis Terhadap Pelaksanaan Perda Nomor 7 Tahun 2012 Tentang RTRW Kabupaten Karimun yang Terbit sebelum Diterbitkan/Disahkan Perda Nomor 1 Tahun 2017 Tentang RTRW Provinsi Kepulauan Riau Maryeni Defrita
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.584

Abstract

The law is an important instrument in a country. The law is a legal basis that is the basis for the implementation of all policies made by the government. In drafting a regulation, it must be sourced from the rules above so that it cannot be contradictory to the rules above. This study uses a qualitative method of judicial juridical, juridical imply legal research examines the implementation of positive legal provisions in each particular law. That is reviewing the Spatial Planning Law associated with Regional Regulation Number 7 of 2012 concerning the Karimun Regency Spatial Plan which was issued before the Establishment of Regional Regulation No. 1 of 2017 concerning the Riau Islands Province Spatial Plan. The results of the study show that in the preparation of spatial plans. according to Article 25 paragraph (1) of the UUPR, the drafting of the Regional Regulations for District Spatial Planning must refer to the provincial spatial plan and the national spatial plan. the issuance of Regional Regulation Number 7 of 2012 concerning Karimun Regency Spatial Planning which was published before the Regional Regulation Number 1 of 2017 concerning the Regional Spatial Plan of Riau Islands Province. Incompatibility was found on maps of space patterns and forest designation between Karimun Regency and Riau Islands Province, resulting in lack of legal certainty. The law is an important instrument in a country. The law is a legal basis that is the basis for the implementation of all policies made by the government. In drafting a regulation, it must be sourced from the rules above so that it cannot be contradictory to the rules above. This study uses a qualitative method of judicial juridical, juridical imply legal research examines the implementation of positive legal provisions in each particular law. That is reviewing the Spatial Planning Law associated with Regional Regulation Number 7 of 2012 concerning the Karimun Regency Spatial Plan which was issued before the Establishment of Regional Regulation No. 1 of 2017 concerning the Riau Islands Province Spatial Plan. The results of the study show that in the preparation of spatial plans. according to Article 25 paragraph (1) of the UUPR, the drafting of the Regional Regulations for District Spatial Planning must refer to the provincial spatial plan and the national spatial plan. the issuance of Regional Regulation Number 7 of 2012 concerning Karimun Regency Spatial Planning which was published before the Regional Regulation Number 1 of 2017 concerning the Regional Spatial Plan of Riau Islands Province. Incompatibility was found on maps of space patterns and forest designation between Karimun Regency and Riau Islands Province, resulting in lack of legal certainty.
Implementasi Pembinaan dan Pengawasan Waralaba di Bimbingan Belajar Primagama Kota Batam Rahmi Ayunda
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.629

Abstract

This researcg discusses the effectiveness of the development and supervision of franchises in Batam city. The formulation of the problem in this thesis is related to the effectiveness of article 14 and article 15 in the community, problems in the application of article 14 and article 15 as well as solutions in dealing with problems in the application of article 14 and article 15. This research is included in the category of juridical-sociological research which in the method of conducting research is by examining secondary data first, then proceed with conducting research on primary data in the field by conducting interviews. Data were processed and analyzed using qualitative methods and conclusions were drawn descriptively. Testing the effectiveness of the application of article 14 and article 15 of Government Regulation No. 42 of 2007 was carried out using the theory of legal effectiveness proposed by Soerjono Soekanto. From the effectiveness test using the theory, it was concluded that Article 14 and Article 15 have not been optimally and effectively implemented. Law Enforcement Factors are the main factors of the ineffectiveness of the implementation of Article 14 and Article 15. The Department of Industry and Trade and Energy of Mineral Resources in Batam City has never even provided guidance or supervision on tuition course in Batam city. The need to develop derivative rules in the form of Mayor Regulations becomes a recommendation in dealing with the problems discussed in this research.
Implementasi Keselamatan dan Keamanan Kapal Kapal yang Berlabuh (Drop Anchor) di Wilayah Perairan Batam Awang Sasongko
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.680

Abstract

The main purpose of this research is to understand the role of Syahbandar in the execution of shipping activities in sea freight in territorial waters according to "Act Number 17 of 2008" about shipping in Indonesia. The formulation of the problem consists of: (1) What is the minimum operating standard that must be owned by a ship that is anchored ? ; (2) Who has the highest authority in maintaining the safety and security of anchored ship ? ; (3) Has "Act Number 17 of 2008" been implemented correctly ? The method used in the research is juridical-sociological approach in the form of field survey and direct interviews with Stakeholder. The type of data used in the research is descriptive analysis method to solve the problem at hand.

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