Journal of Law and Policy Transformation
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.
Articles
307 Documents
<![CDATA[IMPLIKASI UNDANG-UNDANG PENYIARAN TERHADAP PERTUMBUHAN LEMBAGA PENYIARAN DI PROPINSI KEPULAUAN RIAU ]]>
<![CDATA[Azwardi, Azwardi]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.810
<![CDATA[The growth of broadcasting stations (LP) studied in this thesis is the growth of existing station in Riau Islands Province (Kepri) after officially established of Law Republic of Indonesia Number 32 of 2002 concerning Broadcasting, which in the broadcast legislation looks more leads to liberalism is loaded with privatization that provides opportunities for offenders efforts to expand its business in the broadcasting industry, including in the Kepri. Legal theories used by researchers is a critical legal theory and legal theory flow Critical Legal studies(CLS). This study was conducted to showed that law Broadcasting Act, Article 13 paragraph (1) and (2) has been split into Public Broadcasting Stations (LPP), Private Broadcasting Stations (LPS), Community Broadcasting Stations (LPK) and Subscription Broadcasting Station (LPB). Base to The Indonesian Broadcasting Commission (KPI) of Kepri, the numbers of broadcasting stations listed till 2014 (television and radio services) is 0 LPP, 55 LPS, 23 LPB and 2 LPK. Of these known 69% of the total number of LP in Kepri is LPS. According to critical theory, democracy has influenced the policy direction of the holders of power (broadcasting law) to the interests of capital, and this is in line with the flow of Critical Legal Studies, which states that all regulations set by the government is closely linked to the ideology espoused by the government, so this theory argues that the legal and political (broadcasting legislation) are not in the neutral position. For the current broadcasters to benefit from more focused on improving the public thinks.]]>
<![CDATA[PELAKSANAAN PENGHAPUSAN PERDAGANGAN PEREMPUAN DAN ANAK DI KABUPATEN BINTAN ]]>
<![CDATA[Syarief, Elza]]>;
<![CDATA[Kholdun, Ibnu]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.815
<![CDATA[The thesis discussed the effectiveness of task force of the efforts to the removal of trade women and boy who is victims of human . Various policies which created a government pertaining to crimes trade women and children , basically the policy made relatively comprehensive , starting from the constitution of 1945 to regulations below. Effort task force against the removal of trade women and children is currently still less effective. This can be seen from there are still many the cases of trafficking of women and children. Efforts task force made in to reduce and a handle human trafficking as a form of prevention to be victims , done by means of coordination , socialization , rehabilitation and reintegrated.]]>
<![CDATA[PENGAMANAN OBYEK VITAL NASIONAL DI KAWASAN INDUSTRI BATAMINDO KOTA BATAM ]]>
<![CDATA[Rochim, Baru]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.814
<![CDATA[The Objective of this research are to analyze and to criticized the implementation of Presidential Decree No. 63:2004 On National Vital Assets in Batamindo Industrial Park are well implemented. Second reason is to analyzed what barriers process were found during its implementation, and to offer the best possible solutions to it, to maximize the implementation of Presidential Decree No. 63:2004. The research were collected from interviews, observations & questioners to HR Managers in Batamindo Industrial Park. The research was done by using Juridical Sociology approach. The research result shows that juridical commitment from Batamindo Industrial Park caretaker, Internal Security and State Police in charge for this National Asset security based on Presidential Decree No. 63:2004 On National Assets were well implemented. To have a measurable result, socialization to managerial & operational level is highly needed as the above law is still brand new and less than two years. Out of this, security guards, as the front liner of this National Assets in Batamindo Industrial Park Muka Kuning to be strengthen.]]>
<![CDATA[PEMENUHAN HAK ANAK ATAS PENDIDIKAN KESEHATAN REPRODUKSI DI KOTA BATAM ]]>
<![CDATA[Idilianti, Idilianti]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.811
<![CDATA[Sexual growth on teenagers should be followed by sexual education. However, sexual education is still a polemic and a most debated topic among people. This research is a socio-legal research, thus it uses primary data supporte by secondary data. It was found that the implemention of children?s rights of sexual education based on the Government Decree Number 61 of 2014 on Reproduction Health at Batam City, particulaly in Public Health Center (PUSKESMAS) has not been effectively conducted. The obstacles faced by Public Health Center are limited resources, time, and budget. To overcome these obstacles, the research suggests that all relevant parties to get involved in implementing a comprehensive reproductive health education in accordance with the mandate of the Law and improving the skills of personnel resources, facilities and infrastructure relating to reproductive health education. In addition, an establishment of Regional Regulations and / or the decision of the Regional Head which requires a cross-agency coordination at the government so that the fulfillment of children's right to reproductive health education can be carried out in a comprehensive manner.]]>
<![CDATA[ANALISIS KEBIJAKAN REHABILITASI NARKOTIKA TERHADAP PECANDU DAN KORBAN PENYALAHGUNAAN NARKOTIKA DI BATAM ]]>
<![CDATA[Girsang, Junimart]]>;
<![CDATA[Simanjuntak, Beny Kaissar]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.614
<![CDATA[In the year 2017, Institute for Criminal Justice Reform (ICJR) found in the Surabaya District Court, the majority of the pleas of the Public Prosecutor for the accused as addicts and victims of narcotics abuse for convicting prison were 90% (ninety percent) and 10% (ten percent) are terminated by the imposition of narcotics rehabilitation as an attempted conviction. Therefore, this research was conducted in Batam city as one of the regions with high levels of narcotics illicit trafficking. The purpose of this study is to find out the procedures for implementing narcotic rehabilitation, to analyze the effectiveness of the law in the application of narcotic rehabilitation for addicts and victims of narcotics abuses in Batam City, and to measure the level of justice in providing penalization for addicts and victims of narcotics abusers processed through court verdicts. This research was carried out by conducting empirical legal research at the Riau Islands Police Narcotics Directorate, BNN Riau Islands Province, Batam District Court, and Batam BNN Rehabilitation Atelier. The results of this study state that in applying narcotic rehabilitation to addicts and victims of narcotics abuse can be made through voluntary and through legal processes (compulsory). The implementation of narcotics rehabilitation for narcotics addicts and victims of narcotics abuses in Batam City is not effective and the level of justice in providing criminal sentences for addicts and victims of narcotics abusers who through the legal process is felt to be unfair.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PENCIPTA ATAU PEMEGANG HAK CIPTA LAGU DALAM PEMBAYARAN ROYALTI ]]>
<![CDATA[Situmeang, Ampuan]]>;
<![CDATA[Kusmayanti, Rita]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.798
<![CDATA[Intellectual property is the result of a work for an author that has exclusive rights that only exist and are attached to the owner or bearer of rights of a work. Other parties craving to use or use the copyright need to create or produce the work required in obtain the author's permission. The problems in this research were how is the legal protection for the creator or copyright holder of the song to the payment of royalties and how to complete the objection to approve the use of the song without paying royalties. This research used normative research methods. Normative research is research on literature or document studies that support secondary research. Data collection from the results of the study was then analyzed by the author by qualitative-descriptive. Which is the type of research that aims to obtain about how the use of exclusive rights to economic rights that are still not properly implemented which requires an increase in the Author or the Copyright Holder. Based on the research results and discussion, it can be concluded the use of exclusive rights to economic rights that are still not properly implemented which requires an increase in the Author or the Copyright Holder. The formation of LMKN is a form of protection given by the Government to the copyright of songs given also provides tariffs on royalties that must be agreed by the User. Dispute resolution can be done through litigation and non-litigation. Dispute resolution involving different countries can be done through the WIPO Arbitration and Meditation Center.]]>
<![CDATA[PERAN KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA TERHADAP PENDAFTARAN INDIKASI GEOGRAFIS ]]>
<![CDATA[Sipayung, Erick Junata]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.797
<![CDATA[Indonesia is a country rich in biological natural resources which is spread throughout the region, including the Riau Islands Province. Geographical location surrounded by almost 90% (ninety percent) of the sea area, it indirectly indicates the potential of Geographical Indications that are spread in 7 (seven) districts/ cities in Riau Islands. Directorate General of Intellectual Property through the Regional Office of the Ministry of Law and Human Rights has committed to continue to explore the IG potential in each region determined through the Annual Performance Target. IG legal protection can only be given if an item or product has been registered, for example "Sagu Lingga" which has just been declared as one of the IG products. The registration of ?Sagu Lingga? is inseparable from the role of the Regional Office of the Ministry of Law and Human Rights of the Riau Islands in collaboration with the Lingga Regency Government and Indonesian Sagu Empowerment Association of Lingga. From the results of research in the field, in an effort to register potential IG Products in Riau Islands Province, the Role of the Kemenkumham Kepri Regional Office since the enactment of Law Number 20 of 2016 concerning Trademarks and Geographical Indications has not been running optimally, where the form of efforts carried out is still limited to inventory, coordination with local governments and supervision of IG products. This is caused by the existence of several constraints caused by several factors including Legal Factors, Law Enforcement Factors, Means and Infrastructure Factors, Community Factors and also Cultural Factors. Whereas the IG registration effort should aim to establish legal certainty and increase the economic value of a product that has an impact on the welfare of the community. This is what then makes researcher interested in pouring it in the form of research. All information was carried out by unstructured interviews, observations and document studies where sample selection was carried out using the purposive sampling method. The research method used is a sociological juridical research method.]]>
<![CDATA[KAJIAN HUKUM USAHA BATIK GONGGONG SEBAGAI SERAGAM PEGAWAI NEGERI SIPIL KOTA TANJUNGPINANG ]]>
<![CDATA[Febri, M. Endy]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.812
<![CDATA[Tanjungpinang local government issued Tanjungpinang Mayor Decree Number 37 Year 2010 about the Official Uniform for Civil Servants and Non Civil Servants at Tanjungpinang Government Circle. That decree stated that Batik Gonggong was one of the official uniforms that must be used. With the decree which caused the economical rights, all the entrepreneurs should get the opportunity to compete without any discrimination. It was concluded that public participation was needed to conduct a study in determining a batik motive as the special characteristic of a place before it was determined as a law of the local government. It could be socialization or an open competition for the society or the related entrepreneurs, because that activity could cause an economical consequence for the public. Tanjungpinang local government should give a transparency guarantee and the same rights of access about business information for every micro, small and middle entrepreneur.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP PENCURIAN IKAN (ILLEGAL FISHING) DI WILAYAH PERBATASAN PROVINSI KEPULAUAN RIAU ]]>
<![CDATA[Wasrizal, Wasrizal]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.576
<![CDATA[As a border region, Riau Islands Province is very vulnerable to cases of illegal fishing. Such cases can occur in the territorial sea as well as in exclusion economic zones or in the open sea boundary region. The number of cases of illegal fishing in the border region raised the theme of illegal fishing for this research which refers to Law Number 45 of 2009. The purpose of this study is to record which agencies have authority in the case of cases of illegal fishing in the border region of Riau Islands Province, to analyze the actions taken by the authorities in law enforcement against those who commit illegal fishing in the border areas of Riau Islands Province, and to analyze barriers and solutions faced by the authorities in law enforcement related to illegal fishing in the Riau Islands border region by using sociological legal research methods The result of this study is the agencies that manage cases of illegal fishing are including the Directorate of Water Police of Riau Islands Regional Police, Riau Islands Province Marine and Fisheries Service, Fisheries Court at Tanjungpinang State Courts and Indonesian Riau Islands Navy Force. Each of them has their respective authority in accordance with the provisions of the applicable legislation which in carrying out these authorities they face obstacles and try to provide solutions in solving cases of illegal fishing in the border region of Riau Islands Province.]]>
<![CDATA[PERLINDUNGAN KONSUMEN TERHADAP PRODUK MAKANAN KADALUARSA DI KOTA BATAM ]]>
<![CDATA[Shahrullah, Rina Shahriyani]]>;
<![CDATA[Hindra, Hindra]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 5 No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v5i1.813
<![CDATA[The purpose of this study is analyzing the setting of Law No. 8 of 1999 on Consumer Protection Against Expired Food Products in Kota Batam.Menganalisis application of the impact of Law No. 8 of 1999 on Consumer Protection Against Expired Food Products in Kota Batam.Menganalisis and find solutions Law No. 8 of 1999 against the negative effects of using products Food Expiration in Batam. This research is classified as qualitative research, and the kind of empirical legal research / sociological, and the object of research is the primary data Interview and observation data coupled with secondary data literature study.The results of this thesis study can be concluded as follows: Implementation of Law No. 8 of 1999 on Consumer Protection against food products expired in Batam practically found that business (shop owners) already have a sense of absolute responsibility (strick lialibility), where when consumers konplein in case the goods expired they had provide compensation in accordance with the agreement. Against the expired goods store owners take action to restore the goods to the seller, gutted and there was also selling goods at bargain prices]]>
