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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 307 Documents
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Restorative Justice In Adult Women Victims Of Electronic-Based Sexual Violence Irawan, Joshua; Mugiono, Mariana; Angjaya, Vanessa Ileana; Permatasari, Dewi Shinta
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9146

Abstract

Sexual Violence is a form of criminal act that in the modern era is very common in Indonesian society. Based on data from the KOMNAS Perempuan RI, in 2021 there have been approximately 1,721 Reports cases of violence against women. This Sexual Violence does not only occur physically, but has evolved into Electronic-based Sexual Violence. This Electronic-Based Sexual Violence has been regulated based on Article 14 paragraph (1) TPKS Law. The resolution of Sexual Violence Criminal Acts cases has so far been carried out on a criminal basis, which does not pay attention to the interests of victims. Therefore, the Writing Team tries to use Restorative Justice (RJ) as one way or alternative to solve cases of Sexual Violence Crimes, especially for electronic-based sexual violence in order to pay more attention to the rights of victims. This paper is written with the Dogmatic Normative Juridical research method which is realized through a conceptual approach and statute approach. The final result of this study is that RJ can still be applied both at the level of investigation and prosecution of electronic-based sexual violence crimes with notes: The article imposed on the perpetrator is Article 14 paragraph (1) of the TPKS Law where the threat of imprisonment is 4 years; there is no rejection from the Society ; there is peace between the perpetrator and the victim ; and the rights of victims are restored again by redress or other exercise of responsibility of the perpetrator. If one condition is not met, then RJ cannot be carried out and the criminal justice process continues in accordance with the Indonesian criminal procedure law.
Harmonization Of Procedure: Changes In The Composition Of Shareholders In Limited Liability Company Deseka, Christino
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.9154

Abstract

A limited liability company is one of the legal entities in recognized in Indonesia. As a legal entity, limited liability company will continue to exist even if there are changes in its shareholders.  When there are changes in the composition of company’s shareholders, it must be notified/reported to the Minister of Law and Human Rights to be listed in the Company Register. If such notification has not been carried out, according to the prevailing provision, the Minister will reject any application for approval or notification based on the composition or names of shareholders who have not been notified.  Regarding the reporting to the Minister regarding the changes of the composition of company’s shareholders, it is regulated in UUPT and Permenkumham 21/2021. This study analyzes the consistency of both regulation in regulating the procedure in reporting the changes in the composition of company’s shareholders within limited liability companies to the Minister. This research used normative legal research. The results of the research show that there are significant difference in reporting procedure, which may lead to various legal and implementation issues. These findings suggest the need to revise existing regulations to ensure consistency, clarity and legal certainty in reporting changes in shareholder composition in Indonesian companies.
The Urgency of Implementing Exhausion of Local Remedies In Investment Dispute Settlement Regarding Mining Licenses In Indonesia Adiza, Salza Fadila; Amalia, Prita; Agusman, Damos Dumoli
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9294

Abstract

The exhaustion of local remedies (ELR) is a principle viewed as an exception rather than a rule in international investment law. Hence, it tends to be forgotten, and Investor-State Dispute Settlement (ISDS) is preferable in resolving disputes concerning mining licenses. However, this has proven detrimental to Indonesia as a developing country. This research aims to analyze ELR implementation in international investment law and the urgency of implementing ELR for Indonesia as a developing country. This research uses normative and comparative juridical methods to find that ELR remains an important principle despite being generally waived and that there is an urgency for Indonesia as a developing country to implement ELR to (1) reassert sovereignty; (2) minimize financial loss; (3) improve domestic adjudication and strengthen rule of law. Implementing ELR can be done through BITs by referring to India and Argentina as models. An amendment to domestic law and regulation is also needed to ensure the enforceability of ELR in Indonesia.
The Legal Dynamics Dual Positions of Batam Mayor as Head of BP Batam Handayani, Novia; Affandi, Hernadi; Susanto, Mei
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9329

Abstract

This article discusses the legal dynamics of the dual position of the Mayor of Batam as the Head of BP Batam. The focus of this research emphasizes the implications arising from the policy of Government Regulation No. 62/2019, which requires one individual to hold two strategic positions at once, namely as Mayor of Batam, who is authorized to manage the autonomous region and as Head of BP Batam who is authorized to manage investment and development of the Batam area into a special economic zone. This study aims to evaluate the implementation of this dual position policy. Using empirical legal research methods through interviews, literature review, and qualitative analysis, the findings indicate benefits such as increased synergy between economic development and public services. It allows for better coordination in managing the interests of the city and the industrial estate. However, this dual management structure risks weakening Batam's regional autonomy status and creating conflicts of interest that may affect the objectivity of decision-making. On the one hand, this policy is considered a practical solution to resolve the leadership dualism that has been occurring. On the other hand, this policy creates consequences and challenges. This study concludes that to optimize the benefits and minimize conflicts, it is necessary to harmonize more transparent regulations, more effective supervision, and the commitment of officials to prioritize the public interest for implementing local Government in Batam City.
Regional Government Strategy For Facing Cybercrime At Bank BSI Syariah Tanjungpinang Sofia, Sofia; Nurlaily, Nurlaily; Shahrullah, Rina Shahriyani
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9330

Abstract

This study aims to analyze the role of local government in formulating public policies for handling Cybercrime at BSI Syariah Bank in Tanjungpinang City. Cybercrime is a serious threat to the banking sector. Thus, local governments have a responsibility to protect the public and ensure security in transactions in this sector. This study uses qualitative research method using literature studies as a data source. Relevant literature sources such as journals, scientific articles, and related policy documents, are collected and analyzed qualitatively. The purpose of this study is to provide a better understanding of the role of local government in formulating effective public policies in handling cybercrime at BSI Syariah Bank in Tanjungpinang City. It is found that Bank BSI Syariah Tanjungpinang requires stronger prevention and control measures against Cybercrime. This includes increasing internal awareness, implementing appropriate security technologies, and collaborating with law enforcement authorities. Meanwhile, the Tanjungpinang City government needs to increase its role in enforcing strict policies and law enforcement against Cybercrime perpetrators, as well as strengthening cross-sector cooperation to deal with this threat effectively.
Consumer Protection in High Yield Promissory Notes Issued By PT Indosterling Optima Investa Tobing, Dian Riama L; Sudirman, Lu; Hutahuruk, Rufinus
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9488

Abstract

One of the impacts of the COVID-19 pandemic is the default of high-yield promissory notes issued by PT Indosterling Optima Investa. This default case has led to the criminal trial of the CEO of PT Indosterling Optima Investa, who was acquitted, and the PKPU (Postponement of Debt Payment Obligation) decision stipulating the restructuring of interest payments and principal debt to investors. This research aims to determine the form of responsibility of PT Indosterling Optima Investa as the issuer for the losses suffered by investors due to the default of high-yield promissory notes and what legal protections are available for investors against the default of high-yield promissory notes issued by PT Indosterling Optima Investa. The type of research used in this paper is empirical legal research, where law is conceptualized as a social institution that is realistically associated with other social variables.
Juridical Analysis Of Land Allocation Agreements Regarding Efforts To Take Over Land By BP Batam Siburian, Hasoloan; Sudirman, Lu; Syarief, Elza
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9501

Abstract

This research generally aims to determine the role of the Batam Concession Agency and the strategy of the Batam Concession Agency in managing land related to the existence of idle land. The research method used in this research is the normative juridical research method, namely a research method whose main data is obtained from statutory regulations. Based on the research results obtained and analyzed by land researchers in Batam City, it is regulated based on PERKA No. 3 of 2020 concerning the Implementation of Land Allocation, Land Rights in Batam City are divided into two, namely, HGB for 30 years and can be extended for 25 years, and Right to Use for 25 years and can be extended for 20 years, both rights can be renewed according to their interests . The position of the land agreement in Batam City is a product issued by BP Batam. The land agreement is made based on the request of the beneficiary of the Right to Get the approval from the head of BP Batam. Regarding idle land in the city of Batam, it is divided into two, land that has not yet completed administration and idle land that has completed administration but has not been utilized properly.
Legal Implications Of Water Supply Management in Batam City (Post Issuence of Indonesia’S Court of Constitution Decree No. 85/PUU – XI/2013) saputra tanwir, yopta eka; Situmeang, Ampuan; Sudirman, Lu
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9604

Abstract

Indonesia’s Court of Constitution has issued decree No. 85/PUU-XI/2013, which annuls the Law No. 7 Year 2004 governing water resources. It has implicated the state’s acquisitions over the water resources in particular and in general other resources of natural productions of the common basic need of entire people in the country (as stated in the Indonesia’s constitution in Article 3 of Chapter 33). In Batam city water resources has been administered by PT Adhya Tirta Batam (ATB) for 25 years as an exclusive holder of full concession for sites of water resources. Afterward it carried on by PT Moya Indonesia that was appointed through a scheme of government – private parties cooperation (KPBU) between the Administrative Body of Batam (BP Batam) and the company for another 15 years. The BP Batam then established PT Air Batam Hulu and PT Air Batam Hilir, which violates Batam residents’ constitutional right and human right for water. This research is committed with methods of normative jurisdiction – and so the research outputs will eventually show norms that are recognized by the law. We seek truths through reconstructions of law enforcements over BP Batam’s failures of water management in Batam city. Citizen law suits is one out of some options chosen for legal protection of residents’ rights ‘to rule the state’ that will ensure the existence of current and future generations.
Achieving SDG-16 in State Owned Enterprise by Implementation of ISO 37001: Anti-Bribery Management Nur'Asih Budhi Dharma Putri; Ampuan Situmeang; Triana Dewi Seroja
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9799

Abstract

In 2021, SOEs Minister Erick Thohir launched the AKHLAK program to address SOEs problems including corruption cases. Indonesia as a member of the UN has an agenda to achieve, which is Sustainable Development Goals (SDGs). The high number of corruption cases in SOEs slows down the achievement of SDGs, especially no. 16 "Peace, Justice and Strong Institutions". The research method uses normative juridical with secondary data sources as the main data and also supported by primary data. The results showed that the implementation of ISO 37001 Anti-Bribery Management System in SOEs can prevent bribery and is normally implemented thoroughly in about 4-6 months. The obstacles to implementing ISO 37001 in SOEs are influenced by the commitment of the leadership of SOE institutions.
A Comparative Legal Study of Commissioner and Shareholder Authority over Director Negligence Case: Indonesia vs. Singapore Binti Yussofi, Putri Saphira Audesti; Seroja, Triana Dewi; Hutauruk, Rufinus Hotmaulana
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.9813

Abstract

In terms of conducting business interactions through a PT, it is not uncommon for investors from Indonesia and Singapore to experience disharmony in practice, such as negligence by the board of directors that results in harm to the company. Therefore, it is important to have an effective legal mechanism to challenge such negligence so there is an urgency to identify and understand the differences between the legal framework in Indonesia and Singapore in dealing with directors' negligence is important for stakeholders to adopt best practices and improve corporate governance. The results show that derivative rights in Singapore provide a more effective and efficient tool for shareholders to challenge directors' negligence, with clearer legal procedures and stronger legal protections compared to Indonesia. The study concludes that the adoption of best practices from Singapore can improve corporate accountability and governance in Indonesia.

Page 28 of 31 | Total Record : 307

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