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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 9 Documents
 1 
Search results for , issue "Vol 6 No 1 (2021)" : 9 Documents clear
Efektivitas Pelaksanaan Pengawasan Metrologi Legal Terhadap Peningkatan Retribusi Daerah di Kota Tanjungpinang Florianus Yudhi Priyo Amboro; Lily Persyadayani
Journal of Law and Policy Transformation Vol 6 No 1 (2021)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v6i1.4948

Abstract

Law Number 23 of 2014 concerning Regional Government has given authority to City Regional Governments to carry out government affairs in the trade sector, namely implementation of calibration, re-analysis, and supervision of legal metrology in sub-affairs in the field of consumer protection.As an autonomous region, the Regional Government of Tanjungpinang City in order to be able to run its government must be supported by sources of regional income, one of which is Regional Retribution which is the original regional income. BDKT calibration, re-analysis and observation services are one of the regional levies collected by the Tanjungpinang City Government. As for the focus of the problems raised in this study are, how is the implementation of legal metrology supervision in Tanjungpinang City, what are the obstacles faced by the Tanjungpinang City Government in implementing legal metrology supervision and collecting curated and recalculated service fees, and what are the solutions to implementation legal metrology supervision in an effort to increase user fees in Tanjungpinang City. From the results of the research conducted, it was found that in order to encourage the implementation of optimal legal metrology supervision, the Regional Government of Tanjungpinang City must meet the factors in the form of the availability of appropriate regulations, as well as the availability of competent human resources in the field of legal metrology so that with the implementation of proper legal metrology supervision, then it will directly provide support to the local government in terms of increasing the amount of local fees that will be used to improve the welfare of the people of Tanjungpinang City
Penerapan Pemberian Restitusi oleh Pelaku Bisnis Perdagangan Orang Kepada Korban Tindak Pidana Perdagangan Orang (TPPO) di Kota Batam Alfi Ramadania
Journal of Law and Policy Transformation Vol 6 No 1 (2021)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v6i1.4954

Abstract

Material and immaterial restitution for victims of human trafficking as stipulated in Article 48 to Article 50 of Law Number 21 of 2007 concerning Eradication of Crime in Human Trafficking (UUPTPPO) so that efforts to fulfill these restitution are important to implement, which in this paper is specifically in the case of criminal law regarding human trafficking. The purpose of this study was to analyze the application of restitution by perpetrator of human trafficking to the victims of human trafficking (TPPOs), analyze and find juridical problems faced by law enforcement in imposing restitution on human trafficking and analyze solutions for restitution to victims of TPPO can be applied to human trafficking cases in Batam City. Data collection was carried out using primary and secondary data. The research method used in this writing is the Juridical Sociological method. The research results showed that the application of restitution by perpetrator of human trafficking to the victims of TPPO in the criminal justice system in Batam City was not in accordance with the laws and regulations, victims of TPPO had not received adequate legal protection, both material and immaterial protection, this condition was caused because law enforcement officials from the Police level never included the calculation of restitution in the minutes of the investigation (BAP) so that the Prosecutor's Office also did not include in the letter of indictment and the Court also did not decide on restitution in its ruling
Politik Hukum Hubungan Pusat dan Daerah dalam Penanggulangan Bencana Murti Ayu Hapsari; Suswoto Suswoto; Nita Ariyani
Journal of Law and Policy Transformation Vol 6 No 1 (2021)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v6i1.4425

Abstract

The 1945 Constitution of Republic of Indonesia states that it is mandatory for government to ensure all of citizen life and well-being in any conditions and to protect them. This mandate take its concrete form by constructing the relevant National Development Plan. The government responsibility in disaster management is in the hands of central and local government—it is supposedly in well-planned and integrated manner. However, in reality, there is still a lot of overlapping authority and bureaucracy from both the central and local or regional governments in disaster management. The harmonization is needed between the central and regional governments, with the basis of granting the widest possible autonomy within the framework of a unitary state. The purpose of this research is to identify the central and regional relationship arrangements in disaster management in the prevailing regulations and to identify steps that must be taken to realize the harmonization of regulation arrangement between the central government and the regions in disaster management. This research is a normative juridical research and uses a basic, systematic approach and the law synchronization approach. From this paper, it is found that the legal politics of central and regional relations in the planning document have been designed to always be synchronous and consistent and have a high level of harmonization, but in the implementation stage it still needs to be reviewed because there are still disharmony caused by the lack of involvement of local governments as partners and communication between the central government and the local government.
Analisis Kasus Berdasarkan Teori Sosiologi Hukum Pengamen dan Anak Jalanan Di Bawah Umur Terhadap Pasal 34 Undang-Undang Dasar Tahun 1945 Benny Chandra
Journal of Law and Policy Transformation Vol 6 No 1 (2021)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v6i1.4874

Abstract

Batam City is an area located in an area close to other countries. This will certainly trigger rapid growth. However, this also creates a new problem with the emergence of street singers and underage street children crowding the streets of Batam. The presence of street singers and street children in Batam City is a factor that makes the author interested in discussing this research. The conclusion from the case analysis based on the sociological theory of street singers and street children is a form of social inequality that occurs in Batam City. the existence of street singers and street children was found at a red light intersection. By promoting buskers and street children can have a negative impact, one of which can disturb road users. This also has an impact on the economy of the city of Batam and for the people themselves. Singers and street children also have an influence on the orderliness of Batam City. If viewed from the sociological theory of law, cases of street singers and underage street children that occurred in Batam City, there is feedback between social and community morals. In this case the Batam city government has a role in controlling street singers and street children. This is also contained in Mochtar Kusumaatmadja's theory, that the development created by the government can provide protection, education and understanding of religion so that buskers and street children can provide solutions in a better way. Meanwhile, Dumairy's theory explains that there is a concern from the government in eradicating street singers and children. The role of the Batam City government in overcoming braking and street children by providing guidance and coaching through the Batam City Social Service
Perlindungan Hukum Terhadap Gelandangan dan Pengemis di Kota Batam sebagai Akibat Implementasi Peraturan Daerah Kota Batam Nomor 6 Tahun 2002 Tentang Ketertiban Sosial Rufinus Hotmaulana Hutauruk; Dian Eka Putri
Journal of Law and Policy Transformation Vol 6 No 1 (2021)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v6i1.4873

Abstract

The presence of vagrants and beggars in Batam City is one of the problems of community welfare that is not easy to solve. Therefore, it is necessary to have a clear protection of the law against Vagrants and beggars in Batam City, not only to make efforts to combat vagrants and beggars but also to fulfill the rights of vagabonds and beggars that must be put forward by the Batam City Government. In this case, tackling the problems of vagabonds and beggars is the responsibility of the state. If you look at the contents of the 1945 Constitution of the Republic of Indonesia in Article 27 paragraph (2) which states that "Every citizen has the right to work and a decent living for humanity". In this case, the government is obliged to improve the condition of the community having problems with social welfare and ensure that every citizen has the right to a decent income. Whereas by providing legal protection, it is hoped that the squatters residing in Batam City can achieve a decent life and existence as citizens of the Republic of Indonesia. The research design that researchers used in this study was empirical legal research. The data analysis method used in this research is quantitative and qualitative research. Data were obtained by conducting interviews and observations with the Batam City Social and Community Empowerment Service Vagrants and Beggars in Batam City as a form of approach to vagabonds and beggars in their activities.From the results of research conducted by researchers, it shows that over the last four years (2016 - 2019) the number of vagrants and beggars in Batam City has tended to increase from year to year. Until 2019, the number of vagrants and beggars in Batam City has reached 588 people. The Batam City Social and Community Empowerment Service has carried out a non-physical prevention as a preventive legal protection, namely through print media, radio, videotron, provision of information through billboards in public places, which can be used to disseminate information and education to the public not to provide money to beggars on the streets, unless the money is given in its place, social counseling in places where vagrants and beggars are, so that vagrants and beggars do not wander and beg on the streets so that social order can be created. Furthermore, repressively carrying out control, outreach, data collection on vagrants and beggars to be followed up on the rehabilitation process. In this case, an analysis based on the Legal Protection Theory by Philipus M Hadjon, shows that the Batam City Social and Community Empowerment Service has not been effective in providing legal protection for vagrants and beggars in Batam City, because there are still many factors that become obstacles in providing legal protection. against vagrants and beggars in Batam City which is analyzed based on Soerjono Soekanto's Legal Theory of Legal Effectiveness
Perlindungan Hukum Pemegang Saham Minoritas Terhadap Implikasi Praktik Insider Trading dalam Perdagangan Saham di Pasar Modal Elza Syarief; Junaidi Junaidi
Journal of Law and Policy Transformation Vol 6 No 1 (2021)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v6i1.4875

Abstract

The capital market is a means provided in order to find sources of financing and as a means of investment that involves all potential public funds, both those available domestically and those available abroad. This study uses a normative science study using a librarian study in the form of law and is assisted by primary data sources and secondary data sources. The results show that minority shareholders own less than 5% of the total shares traded in the capital market. Meanwhile, insider trading is a practice in which a corporate insider transacts securities using exclusive information that they have that is not yet available to the public. The position of Minority Shareholders regarding the practice of insider trading in trading shares in the capital market is the cause of the practice of insider trading. Therefore, legal protection for minority shareholders in the practice of insider trading in stock trading in the capital market is carried out by applying applicable laws and using the theory of legal protection by Philipus M. Hadjon.
Perbandingan Penyelesaian Sengketa Informasi Publik di Peradilan Tata Usaha Negara Indonesia dengan Korea Selatan Afif Juniar; Anna Erliyana
Journal of Law and Policy Transformation Vol 6 No 1 (2021)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v6i1.4382

Abstract

Sengketa Informasi Publik merupakan sengketa yang terjadi antara Badan Publik dan Pengguna Informasi Publik berkaitan dengan hak memperoleh dan menggunakan informasi menurut ketentuan yang diatur dalam Undang-Undang Nomor 14 Tahun 2008 tentang Keterbukaan Informasi Publik, para pihak yang tidak puas terhadap Putusan Komisi Informasi dapat melakukan gugatan kepada Pengadilan Tata Usaha Negara (PTUN). Artikel ini membahas dua permasalahan utama, pertama bagaimanakah penyelesaian sengketa informasi publik di PTUN Indonesia dengan studi kasus Putusan PTUN Jakarta Nomor 3/G/KI/2016/TUN, Kedua, bagaimana model penyelesaian sengketa informasi publik di PTUN Korea Selatan? Metode penelitian yang digunakan adalah penelitian hukum nomatif dengan pendekatan undang-undang dan pendekatan komparasi. Hasil penelitian menunjukkan PTUN Indonesia mempunyai kewenangan absolut dalam penyelesaian sengketa informasi publik apabila telah terlebih dahulu diputus melalui ajudikasi non litigasi oleh Komisi Informasi dan proses penyelesaian sengketa informasi publik di PTUN merupakan penyelesaian sederhana karena pemeriksaan hanya dilakukan terhadap Putusan Komisi Informasi Pusat, berkas perkara serta permohonan keberatan dan jawaban atau keberatan tertulis dari para pihak tanpa mediasi. Sedangkan di PTUN Korea Selatan pemohon infomasi dapat langsung mengajukan keberatan terhadap badan publik yang memutuskan untuk menolak menyampaikan informasi melalui banding administratif atau litigasi administratif.
Analisis Sosio-Yuridis Terkait Pelaksanaaan Peraturan Perundang – Undangan atau Kebijakan Hukum Terhadap Pelayanan Rawatan Intensif Rumah Sakit di Kota Batam Tahun 2019 Fajri Israq
Journal of Law and Policy Transformation Vol 6 No 1 (2021)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v6i1.4876

Abstract

In the health service system, the hospital acts as a referral place and a further health service facility. The refusal of admission of patients with intensive care at the hospital, accompanied by efforts to avoid the provision of facilities and facilities from the hospital for ICU treatment, appeared in several hospitals. Even though the role of the hospital itself as a place for further treatment of primary care is so big and important. This also contradicts the main duties and functions of the hospital itself, although it still pays attention to the class of the hospital itself. There is a legal or policy conflict in the application of ICU services, between Law number 44 of 2009 concerning Hospitals, Minister of Health Regulations number 1778 of 2010 concerning guidelines for intensive care services, and Law number 24 of 2011 concerning BPJS. The ineffective application of the law is seen from the 5 factors of legal effectiveness theory described by Soerjono Soekanto, namely the legal factors themselves, law enforcers, facilities or facilities, society and culture. The implementation of Minister of Health Regulations number 1778/2010 and Law number 44/2009 on ICU tends to run less effectively, so there are still many cases of rejection of ICU admission. At the end of the study, it was found that there was a need to expalin legal / regulatory oversight of Minister of Health Regulations number 1778/2010 and Law number 44/2009 strengthening of laws / policies to become the legal basis for health services.
Praktik Omnibuslaw di Indonesia dilihat dari Segi Pembangunan Hukum Ekonomi Endro Tri Susdarwono; M. Syamsul Rizal
Journal of Law and Policy Transformation Vol 6 No 1 (2021)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v6i1.4388

Abstract

This study aims to describe the practice of omnibus law in Indonesia as seen from the development of economic law. This research includes normative legal research. The type of legal research is a comprehensive analytical study of primary and secondary legal materials. The results of the study are presented in a complete, detailed, clear, and systematic manner as scientific work. The approach method used is a normative juridical approach. Various studies of the relationship of law and economy show that economic progress will not be successful without the legal development that preceded it. Rules with the omnibus method reflect an integrated, codified rule where the ultimate goal is to streamline the application of these rules in practice. The practice of omnibus related to the development of economic law in Indonesia has several advantages, namely (1) changes in policies related to the economy that the Government and / or the DPR want to make will be carried out more quickly using the omnibus method, compared to amending the legislation one by one, (2) because the process is faster, this method does not require large preparation and discussion costs, (3) Omnibus law can assist the parliament in seeing the linkages between regulated provisions, so that it can provide a more comprehensive picture and therefore facilitate harmonization.

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