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International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Published by CV. RADJA PUBLIKA
ISSN : -     EISSN : 2808487X     DOI : https://doi.org/10.54443/ijerlas
Core Subject : Religion, Humanities, Science, Education, Social,
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other
This journal accepts articles on results of the research in fields of Education, Cross Culture, Law, Environmental Empowerment which are the latest issues from the results of activities or practical implementations that are problem solving, comprehensive, meaningful, latest and sustainable findings with clear goals and visionary in various activities that have innovation and creativity. So that they do not just replicate the same activities in different places but must have to measurable results and impacts for society and support the achievement of the goals set in modern human development.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 80 Documents
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Search results for , issue "Vol. 5 No. 5 (2025)" : 80 Documents clear
LEGAL ANALYSIS OF LEGAL CERTAINTY REGARDING THE USE OF AU-TOMATIC GATES (AUTOGATE) AT THE IMMIGRATION CHECKPOINT OF THE INTERNATIONAL PORT OF CITRA TRITUNAS (A RESEARCH STUDY AT THE CLASS I SPECIAL IMMIGRATION OFFICE OF TPI BATAM) Immanuel Simanjuntak; Ramlan; Bachtiar Simatupang; Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4017

Abstract

The modernization of Indonesia's immigration system through the use of digital technology is a response to the need for efficient, fast, and legally guaranteed public services. One such innovation is the use of automatic gates (autogates) at Immigration Checkpoints (TPI), including at Citra Tritunas International Port, Batam. However, the implementation of autogates as an immigration inspection tool raises various legal issues, ranging from regulatory loopholes, technical obstacles, to cultural resistance that can threaten legal certainty and the protection of user rights. This study aims to analyze the regulation and implementation of autogate use from a legal certainty perspective, as well as identify obstacles and formulate relevant solutions. This study uses normative and empirical legal methodologies, with a regulatory approach, field interviews, and direct observation at the Class I Special Immigration Office for the Batam Port Area. John Rawls' theory of justice serves as a grand theory, Lawrence M. Friedman's theory of legal systems as a middle theory, and Sudikno Mertokusumo's theory of legal certainty as an applied theory. The research findings indicate that, from a normative perspective, the use of automatic gates has been regulated through the Regulation of the Minister of Law and Human Rights No. 9 of 2024; However, this is not yet supported by detailed technical regulations, such as standard operating procedures (SOPs) and operational guidelines. Field implementation demonstrates procedural efficiency; however, it still faces technical glitches, infrastructure limitations, and low user understanding. These obstacles result in legal uncertainty and inadequate protection of user rights. Therefore, technical regulatory updates, human resource training, public awareness campaigns, and strengthened cross-sector coordination and digital-based monitoring systems are needed.
JURIDICAL ANALYSIS OF THE ROLE OF IMMIGRATION IN PREVENTING THE CRIME OF TRAFFICKING IN PERSONS (RESEARCH STUDY AT THE SPECIAL CLASS I IMMIGRATION OFFICE OF TPI BATAM) Muhammad Aris Fitrah Nasution; Siti Nurkhotijah; Darwis Anatami
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4018

Abstract

The crime of trafficking in persons (TPPO) is a form of transnational crime that continues to grow and threatens human rights, especially in border areas such as Batam, which is one of the strategic routes to neighboring countries. The Immigration Office, as a law enforcement institution in the field of immigration, has a vital role in preventing the practice of trafficking through its supervisory functions and administrative actions at the entrances and exits of Indonesian territory. This study aims to analyze legal arrangements and implementation, as well as obstacles and solutions to immigration's role in preventing trafficking, with a focus on the Special Class I Immigration Office of TPI Batam. This study uses normative and empirical juridical methods, with a statute approach and a socio-legal approach. Data was collected through literature studies, observations, and interviews with Immigration officials and officers. The theories used in the analysis include the Theory of the State of Law, the Theory of the Legal System, and the Theory of Legal Certainty. The results of the study show that national and international legal arrangements have provided an adequate basis for the role of Immigration in the prevention of trafficking. However, its implementation in the field still faces a number of obstacles, including limited administrative authority, a lack of data integration between agencies, limited human resources, and a lack of optimal understanding of trafficking indicators. For this reason, it is necessary to update more technical SOPs, increase cross-sector and international cooperation, provide continuous training for officers, and strengthen information systems and surveillance technology as an integrated solution strategy.
LAW ENFORCEMENT ON THE MISUSE OF RESIDENCE PERMITS BY FOREIGN NATIONALS (A RESEARCH STUDY AT THE SPECIAL CLASS I IMMIGRATION OFFICE TPI BATAM) Muhammad Iqbal Saputra; Ramon Nofrial; Bachtiar Simatupang; Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4019

Abstract

The increasing number of Foreign Nationals (WNA) entering Indonesia, especially Batam City, which directly borders Singapore and Malaysia, strategically impacts the dynamics of immigration supervision and law enforcement. One of the prominent issues is the misuse of residence permits, which threatens the country’s legal sovereignty and creates social and security problems. This study aims to analyze the legal regulations, the implementation of law enforcement, and the obstacles and solutions in addressing the misuse of residence permits by foreigners, using a case study at the Class I Special Immigration Office TPI Batam. This study employs normative and empirical juridical methods with statutory, sociological, and conceptual approaches. Primary data were obtained through in-depth interviews with immigration officers, foreign nationals, and the surrounding community, while secondary data were examined from legislation, official documents, and academic literature. The analysis was conducted using the Theory of State Sovereignty (Hans Kelsen) as the grand theory, the Legal System Theory (Lawrence M. Friedman) as the middle theory, and the Law Enforcement Theory (Kelling & Moore) as the applied theory. The research findings indicate that although the legal regulations regarding residence permits have been stipulated in Law Number 6 of 2011, their implementation still faces obstacles such as limited human resources, regulatory loopholes, weak technological systems, and low legal awareness among both officials and foreign nationals. Therefore, institutional reform, capacity building of human resources, drafting of more operational technical regulations, and strengthening community-based supervision are needed. Effective law enforcement requires synergy between legal structure, substance, and a consistently applied legal culture.
JURIDICAL ANALYSIS OF THE EFFECTIVENESS OF THE ONLINE STAY PERMIT SYSTEM FOR FOREIGNERS IN BATAM CITY Nanda Horas Pranata; Fadlan; Ramon Nofrial
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4020

Abstract

Digital transformation in public services is an urgent need in realizing efficient and transparent governance, including in the field of immigration. The Directorate General of Immigration has implemented the Online Residence Permit Service System as part of the reform of residence permit services for foreign nationals. Batam City as a strategic area with high mobility of foreigners becomes an important locus in assessing the effectiveness of the system. This study is motivated by the importance of legal certainty, service efficiency, and protection of legal rights of foreign nationals in the process of applying for a digital residence permit. This study aims to analyze legal arrangements, implementation of online residence permit service system, as well as obstacles and solutions faced in improving the quality of immigration services in Batam City.The methods used are normative juridical and empirical juridical approaches with data collection techniques through document studies (secondary data) and interviews (primary data) with immigration officers, foreign service users, and other related parties.The results show that the online residence permit service system has a strong legal basis, but there are still gaps between regulations and practices in the field. The main obstacles include limited technological infrastructure, low user digital literacy, and suboptimal cross-sectoral coordination. In terms of implementation, this system has improved administrative efficiency, but has not fully guaranteed legal certainty and service satisfaction. It is recommended that the Directorate General of Immigration and Batam Immigration Office strengthen human resource capacity, improve infrastructure, prepare technical operational guidelines, and expand public education to service users. With these steps, the system is expected to run more effectively, adaptively, and in line with the principles of good administrative law.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS IN IMMIGRATION (A RESEARCH STUDY AT THE CLASS II IMMIGRATION OFFICE OF TANJUNG BALAI KARIMUN) Ramono Winawan; Soerya Respationo; Parameshwara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4021

Abstract

Border areas such as Tanjung Balai Karimun have a strategic position as entry and exit points for foreign nationals (WNA), thus requiring strict and effective immigration supervision. One form of such supervision is the implementation of immigration administrative measures, as stipulated in Law No. 6 of 2011 concerning Immigration. However, in practice, the implementation of administrative measures such as refusal of entry, deportation, and prevention still faces various obstacles. This study aims to analyze the legislation, implementation, obstacles, and solutions for the implementation of immigration administrative measures at the Tanjung Balai Karimun Class II Immigration Office. This study uses a normative legal approach and an empirical legal approach with a sociological approach (socio-legal approach). Legal materials were obtained through document studies, interviews with immigration officials, and direct observation of the implementation of administrative measures in the field. The results of the study indicate that, from a normative perspective, the laws and regulations governing administrative measures are adequate and comprehensive, supported by implementing regulations such as Government Regulation No. 31 of 2013 as amended by Government Regulation No. 40 of 2023 and Ministerial Regulation No. 2 of 2025. However, from an implementation perspective, its implementation remains ineffective due to limited human resources, inadequate intelligence training, a lack of supporting facilities, weak inter-agency coordination, and low public legal awareness. Therefore, increasing institutional capacity, enhancing cross-sectoral coordination, utilizing intelligence technology, and providing legal education to the public are necessary strategies to systematically improve the effectiveness of immigration administrative actions.
LEGAL ANALYSIS OF THE APPLICATION OF THE CONCEPT OF ‘HUMAN SECURITY’ IN IMMIGRATION POLICY TO COMBAT HUMAN TRAFFICKING IN INDONESIA (A RESEARCH STUDY AT THE CLASS I SPECIAL IMMIGRATION OFFICE IN BATAM) Randy Asmoro Dwi Purnomo; Ramlan; Dahlan; Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4022

Abstract

Human Trafficking (TPPO) is a complex and evolving transnational crime, particularly in border areas such as Batam City, which serves as a strategic route for cross-border human movement. Combating TPPO requires not only a repressive legal approach but also a human security-based protection approach that places individuals at the center of protection efforts. This study aims to analyze from a legal perspective how the concept of human security is applied in Indonesian immigration policy to combat TPPO, with a specific focus on the Batam Class I Special Immigration Office. The research methods used are normative legal methods and empirical legal methods with a statutory and sociolegal approach. Data were obtained through literature studies, legal documentation, and interviews with immigration officials and relevant agencies in Batam. The results of the study indicate that existing laws and regulations, such as Law Number 6 of 2011 concerning Immigration and Law Number 21 of 2007 concerning the Eradication of TPPO, have provided an adequate legal basis. However, the implementation of the human security concept in immigration policy has not been optimal due to overlapping regulations, weak inter-agency coordination, technological limitations, and officials' lack of understanding of human security principles. The Batam TPI Immigration Office has attempted to implement preventive and repressive measures, but still requires increased institutional capacity and inter-agency synergy. Recommendations include the development of integrated operational guidelines based on human security, training immigration officers, strengthening early detection systems and inter-agency coordination, and increasing the state's role in ensuring comprehensive legal protection for victims of human trafficking.
THE BOARD OF DIRECTORS' RESPONSIBILITY FOR SHAREHOLDER LOSSES IN BUYBACK POLICIES: AN ANALYSIS OF COURT DECISIONS AND CORPORATE PRACTICES Lenny Mutiara Ambarita; Muldri Pudamo James Pasaribu
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4023

Abstract

This study aims to analyze the fiduciary duty of directors in buyback policies, the consistency of their application in court decisions, and the effectiveness of OJK supervision in protecting shareholders. The method used is normative legal research with statutory, conceptual, case, and comparative approaches. Primary legal materials include the Company Law (UUPT), the Capital Market Law, the POJK (OJK Regulation), and court decisions; secondary legal materials include academic literature; and tertiary legal materials include legal dictionaries and encyclopedias. The analysis was conducted qualitatively and normatively by examining the consistency between legal norms, doctrine, and judicial practice. The results indicate that a gap remains between norms and practice. Some issuers implement buybacks in accordance with regulations, but others exploit regulatory relaxations to circumvent the GMS mechanism, thereby weakening the position of minority shareholders. Court decisions, such as Supreme Court No. 280 K/Pdt/2012 and Supreme Court No. 2826 K/Pdt/2021, demonstrate inconsistencies in the application of fiduciary duty and the business judgment rule. The phenomenon of nominee directors further strengthens the potential for conflicts of interest in buyback implementation. Meanwhile, OJK supervision is still considered weak because the sanctions imposed have not had a deterrent effect.
LEGAL ANALYSIS OF LEGAL PROTECTION FOR CONSUMERS IN FINANCING AGREEMENTS WITH FIDUCIARY GUARANTEES IN THE DIGITAL AGE (RESEARCH STUDY IN THE CITY OF BATAM) Aris Munandar; Soerya Respationo; Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land issues in Batam City have become an important issue due to the development of digital technology, which has driven changes in the mechanism of financing agreements with fiduciary guarantees, from conventional systems to electronic systems through Fidusia Online services. This situation has legal implications, particularly in relation to legal protection for consumers who are faced with standard clauses, the risk of misuse of personal data, and unilateral enforcement practices by creditors. This study aims to analyze the legal regulations regarding the role of notaries in ensuring the validity of digital fiduciary agreements, examine the implementation of the role of notaries in protecting consumer rights, and identify obstacles and formulate solutions in the implementation of legal protection in Batam City. The research method used is normative legal with a regulatory approach to examine regulations related to digital fiduciary, as well as empirical legal through interviews and observations with notaries and consumers in Batam City to obtain primary data. The theories used include the theory of justice as a grand theory, consumer protection theory as a middle theory, and legal effectiveness theory as an applied theory. The results of the study show that normatively, the legal basis for digital fiduciary agreements is found in the Fiduciary Guarantee Law, the ITE Law, the Consumer Protection Law, and the Minister of Law and Human Rights Regulation on Online Fiduciary, although there are still gaps in regulations related to digital deeds and electronic signatures. Empirically, notaries play an active role in explaining the contents of agreements, supervising the obligations of creditors, and protecting consumer rights. However, the effectiveness of legal protection is still hampered by limitations in digital infrastructure, low consumer legal literacy, and arbitrary enforcement practices by creditors. The recommendations include harmonizing digital fiduciary regulations with consumer protection, strengthening the role of notaries in providing digital legal advice, improving infrastructure and technology training, supervising digital contracts by the OJK and the Ministry of Law and Human Rights, and increasing legal education for the public so that they better understand their rights and obligations.
LEGAL ANALYSIS OF THE IMPLEMENTATION OF ELECTRONIC CERTIFICATES IN LAND ADMINISTRATION TO SUPPORT SMART LAND GOVERNANCE (RESEARCH STUDY AT THE TANJUNGPINANG CITY LAND OFFICE) Sella Natasha; Laily Washliati; Maniah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4089

Abstract

The digitization of land administration through the implementation of electronic certificates is part of the government's efforts to realize smart land governance in Indonesia. The city of Tanjungpinang was chosen as the location for this study because it is one of the regions that has implemented the electronic certificate program in accordance with Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities. However, implementation in the field still faces a number of obstacles, both in terms of regulations, technicalities, and the readiness of human resources and service users. This study aims to analyze: (1) legal regulations regarding electronic certificates in land administration in Tanjungpinang City, (2) the implementation of electronic certificates in land administration practices, and (3) the contribution of the application of electronic certificates to increasing transparency, efficiency, and accountability of land governance based on smart land governance. The research method used is a descriptive qualitative approach with data collection techniques through literature study, in-depth interviews, observation, and documentation. The research subjects include officials and employees of the Tanjungpinang City Land Office, notary staff, and users of electronic land services. The analysis was conducted by comparing the regulatory framework with the reality of implementation in the field. The results show that although the legal basis for the implementation of electronic certificates is clear, its implementation still faces significant challenges, including limited technological infrastructure, low digital literacy among the public, lack of inter-agency integration, and dualism between manual and electronic procedures. Nevertheless, electronic certificates are considered to have great potential in improving the transparency, efficiency, and accountability of land governance. In order to achieve the goal of smart land governance, it is necessary to strengthen operational regulations, increase human resource capacity, develop equitable digital infrastructure, and conduct intensive public outreach.
LEGAL MODEL OF ERADICATING ILLEGAL CIGARETTES AS A MEANS OF INCREASING STATE REVENUE Bagyo Mulyono; Heri Hartanto
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4090

Abstract

This study examines the legal framework and enforcement efforts to combat the circulation of illegal cigarettes in Indonesia, with a focus on the “Gempur Rokok Ilegal” program implemented by the Directorate General of Customs and Excise (DGCE) in the jurisdiction of KPPBC TMP B Surakarta. Using a doctrinal legal research method with statute and conceptual approaches, the research analyzes preventive and repressive enforcement measures against violations in tobacco excise. Findings show that despite extensive campaigns and enforcement, the distribution of illegal cigarettes remains high, influenced by economic incentives, weak deterrence, and geographic proximity to major tobacco-producing regions. The study concludes that optimal law enforcement requires more intensive surveillance, stronger community involvement, and stricter penalties to deter offenders, thereby safeguarding state revenue from tobacco excise.

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