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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 318 Documents
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Judge Independence in Criminal Imposition Below The Special Minimum Case of The Criminal Action of Corruption Shafira, Maya; Achmad, Deni; Pitaloka, Diva; Jumadi, Joko; Silvia Riani, Rahmawati; Ernawati, Ninin
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

The inclusion of a specific minimum crime in the Law on the Eradication of Criminal Acts of Corruption is intended to prevent a very striking disparity of sentencing, both for the same case in the context of deelneming, as well as for different cases but the types of offenses involved. the ratio decidendi of the judge's decision that imposes a criminal under a special minimum in corruption cases. Judges who impose criminal penalties under the special minimum criminal threat on decisions on corruption cases, the authors of the analysis assume that the degree of guilt of the accused is not directly proportional to its dangerous act and will be very disproportionate between the act and the punishment that will be given to the defendant of a criminal act of corruption, so that in the name of "Justice" the judge carries out contra legem or legal breakthroughs against the provisions of the special minimum criminal threat in the Law on the Eradication of Criminal Acts of Corruption. The independence of judges and the conviction of judges in imposing criminal penalties under a special minimum penalty in cases of criminal acts of corruption are reflected in legal reasoning in the judge's decision.
Indonesia's Contribution to The Development of International Climate Law (Judicial Analysis of The Implementation And Development of International Climate Law in The Riau Islands Province Region) Hidayah, Luthfia; Shahrullah, Rina Shahriyani; Girsang, Junimart
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

The Indonesian state has made an important contribution to the development of international climate law by implementing efforts to reduce greenhouse gas emissions and protect environmental sustainability. By collaborating with other countries, Indonesia has also actively participated in negotiations on global agreements on climate change. Indonesia has also implemented regulations and programs for greenhouse gas emissions and deforestation, prioritizing ecosystems, which aim to improve ecosystem balance through sustainable forest and land management. Indonesia has pledged its commitment to overcoming climate change, remembering that Indonesia has peat soil and is rich in natural energy sources that can be used as renewable energy sources, developing renewable energy is a substitute for reducing fossil fuels that trigger greenhouse gas emissions. Indonesia has also developed an action concept aimed at reducing emission problems by up to 29% by 2030. RAN GRK is integrated through national agendas such as Nawacita and RAN (National Action Plan). In conducting research, the author uses normative legal research methods by accumulating information in the form of legal products. And with cooperation from developed countries as the largest contributors to gas emissions, developing countries should be able to collaborate well in carrying out efforts to develop international climate legislation.
Preventing Illegal Apple Imports: How BP Batam Contributes in Free Trade Zone Silviani, Ninne Zahara; Febriyani, Emiliya; Hartono, Adi
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

Batam is recognized as one of the regions within the Riau Islands Province designated as a Free Trade Zone (FTZ) in Indonesia due to its strategic positioning along international shipping routes. As a border region of Indonesia, it encounters challenges typical of other border areas, closely linked to issues of order, security, and national integrity. Moreover, within Batam, which serves as both a border area and an FTZ, a persistent issue revolves around the prevalence of illicit activities and the smuggling of foreign-origin products. The smuggling of electronic goods in Batam is driven by market demands beyond the city, seeking electronic items at comparatively lower prices than those in other regions. The lack of public awareness regarding the implications of purchasing illegal or smuggled goods constitutes a significant impediment to the eradication of illicit smuggling in Indonesia. This research employs the doctrinal or normative legal research method, utilizing secondary data obtained through a comprehensive review of literature such as books, journals, articles, and other relevant sources, including online resources. The choice of normative legal research method is justified by the research's objective, which aims to analyze the law from the perspectives of three fundamental legal values: justice, utility, and certainty. The findings of this research affirm that despite the legal regulations governing the criminal offense of smuggling and associated sanctions outlined in the legislation, the oversight implementation by BP Batam has not been entirely effective. This is evidenced by the continued occurrence of smuggling activities in Batam, attributed to various challenges encountered by BP Batam in their enforcement endeavors.
Health Security Protection For Indonesian Migrant Workers: A Ministerial Regulation Perspective Puspitasari, Eva
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

Migrant workers are an asset for the country because they make many good contributions to the country. Just like other citizens, migrant workers have the right to access social security, especially health, in their country of placement. However, in reality access to health insurance in the host country is still limited due to the absence of technical regulations that specifically regulate this situation. Apart from that, the current policies are not yet able to protect migrant workers due to the lack of clarity regarding technical protection, which affects migrant workers' compliance in paying mandatory health insurance contributions. Therefore, this research will discuss in more detail the provision of social health security for migrant workers. The formulation of the problem studied in this research is what is the ideal health insurance protection policy for Indonesian Migrant Workers abroad? And how to strengthen the commitment to protect the health insurance of Indonesian Migrant Workers abroad in their country of placement? The research method used in this research is a normative legal method with statutory, case and conceptual approaches. This research finds that current policies do not provide good access for migrant workers, so policy reformulation is needed, one of which is a direct payment method from the government to the placement country. The strategy to strengthen commitment that can be carried out to provide good access to migrant workers is to make improvements in the legal system which includes substance, law enforcement and legal culture.
The Legal Advantages Of Blockchain Technology For Notary Protocol Archives Kridawidyani, Widya; Indradewi, Astrid Athina; Sugianto, Fajar; Michael, Tomy
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

This paper discusses the legal advantages of using blockchain technology for notary protocol archives in Indonesia. This research is normative legal research. It uses primary and secondary legal materials to analyze the blockchain technology for notary protocol archives. With the development of information technology, notary services are inevitably shifting to electronic services, known as cyber notaries. The Notary Protocol is considered a state document and must be treated as such, stored, and kept authentic according to Law of Republic of Indonesia Number 30 of 2004 concerning Notary. Even if the notary who owns the protocol is on leave or dies, the protocol is categorized as a State Archive and is subject to Law of Republic of Indonesia Number 43 of 2009 concerning Archives. Blockchain technology offers a decentralized way of digital archiving.
Legal Analysis Of Testament Wajibah For Interfaith Heirs (Case Study: Religious Court Decision No.0554/PDT.P/2023/PA.Sby) Pitaloka, Diva; Jumadi, Joko; Putra, Muhd. Hamka Maha; Ridwan, Ridwan; Putri, Ria Wierma
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

There are 3 (three) conditions that must be met in order to become an heir as regulated in Article 171 letter c of the Compilation of Islamic Law (KHI) namely that an heir is a person who at the time of death, he was related by blood or marriage to the testator, was a Muslim and was not prevented by law from becoming an heir. As in case number 0554/Pdt.P/2023/Pa .Sby. In this decision the Panel of Judges granted the applicant's request and determined the applicant to be a mandatory testator. This research method is  normative legal research, conceptual approach and case approach. The result states that the judge granted the Petitioner to be the Legal Heir as a Testament Wajibah even though he had a different religion from the Muslim heir due to consideration of justice. Judges are not mouthpieces of the law, so for the sake of 'justice' judges carry out legal inroads (contra legem) into the provisions contained in the Compilation of Islam.
Liability To Third Parties Due to State Aircraft Accidents According to International And National Air Law Hanifaturrizqi, Yasmin Fara; Latipulhayat, Atip
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

This research highlights the pressing issue of the absence of state aircraft regulations demanding immediate attention. The coexistence of civil and state planes in the same airspace necessitates a thorough understanding of their interaction. However, international and national legal instruments have largely neglected state aircraft, focusing primarily on regulating air transportation and navigation for civil aviation. The research methodology employed for this study was normative juridical, involving examining library materials or secondary data using deductive thinking methods. The study's findings are clear: Firstly, in international law, the Convention on Compensation for Damage Caused by Aircraft to Third Parties 2009 and the Convention on Compensation for Damage to Third Parties 2009, Resulting from Acts of Unlawful Interference Involving Aircraft 2009 should be the standard for compensating third parties for losses resulting from aircraft activities. Secondly, at the national level, Law No. 1 of 2009 concerning Aviation and Minister of Transportation Regulation No. 77 of 2011 concerning the Responsibility of Air Transport Carriers must be used as a benchmark for fair compensation for losses to third parties due to aircraft activities. Governments must step up and ensure the safety and well-being of their citizens.
Labor Law Regulations on Agile Work System from The Perspective Of Dignified Justice Theory Irawan, Joshua; Chietra, Jenifer Wibisono; Morong, Leonardo Nathanael; Boong, Vicariya Retnowati; Nugroho, Sugeng Santoso Pudyo
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.10686

Abstract

The Agile Work System allows employees to work flexibly in terms of time and location. This research focuses on flexible working hours as a key aspect of that system. Currently, Article 77 Paragraph (2) of Law 6/2023 and Article 23 of Government Regulation 35/2021 permit flexible hours only in certain sectors. However, many other sectors have already adopted flexible work practices, making these regulations outdated. Therefore, the laws should be revised to include all sectors and ensure fairness and protection for workers. This study uses a normative juridical approach, drawing on legislative analysis and the Theory of Dignified Justice. It aims to propose changes to existing regulations so they better accommodate flexible working arrangements. The authors recommend amending the current law to allow flexible working across all sectors, with clear requirements to protect workers’ rights.They also propose that flexible working arrangements must still comply with labor laws, including rules on overtime and wages. Additionally, the research suggests that both central and regional governments should supervise, review, and evaluate the implementation of agile work systems, focusing on continuous improvement and the protection of workers’ rights. In conclusion, the research supports a legal framework for agile work that is fair, inclusive, and respectful of workers’ dignity.
Implementation Of Integrative Legal Theory And Project Management Approach In Dispute Resolution Through Arbitration In International Commercial Contracts Rahmadini, Verny; Nurlaily, Nurlaily; Syarief, Elza
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11084

Abstract

This study examines the integration of arbitration mechanisms and project management in resolving international trade disputes. Arbitration is chosen as the preferred dispute resolution method due to its confidential, flexible, final, and binding nature, as well as the international enforceability of its awards. In contrast, resolving international commercial contract disputes through Indonesian courts has proven to be time-consuming, involving multiple layers of appeal, and resulting in judgments that are difficult to enforce across jurisdictions. This normative juridical research employs primary and secondary legal materials to analyze legal issues and managerial approaches within arbitration. Romli Atmasasmita’s Integrative Legal Theory is used to bridge the values of legal certainty, utility, and justice, while project management concepts are applied to structure arbitration proceedings as a project consisting of planning, execution, and closing phases. The findings indicate that arbitration procedures align with the project life cycle, enabling dispute resolution to be carried out more effectively and systematically. The integration of these two approaches is evident in international commercial contracts, where arbitration clauses are commonly included as the designated dispute resolution mechanism.
A Legal Review of The Granting of Abolition and Amnesty in The Cases of Tom Lembong and Hasto Kristiyanto Under Indonesian Criminal Law Havez, Muhammad; Rusjana, Muhammad; Maulidya, Erine Nur
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11264

Abstract

This study aims to analyze the legal basis and mechanism for granting abolition to Tom Lembong and amnesty to Hasto from the perspective of Indonesian criminal law. Furthermore, this study also discusses the legal implications of these abolitions and amnesties for law enforcement and legal certainty in Indonesia. The research method used is a normative legal approach, examining laws and regulations, doctrine, and relevant literature. The analysis shows that granting abolition and amnesty is a presidential prerogative, as stipulated in the constitution and laws. However, its implementation must adhere to the principles of justice, legal certainty, and expediency. The granting of abolition to Tom Lembong and amnesty to Hasto has sparked legal debate, particularly regarding the limits of executive authority over the criminal justice process. These legal implications include the potential to reduce the deterrent effect, create a political precedent in law enforcement, and demand stricter regulations to ensure that abolition and amnesty policies do not conflict with the principles of the rule of law.

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