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Grand Sulthan As The Basis For The Transfer Of Land Rights In Tebing Tinggi City : Study Of The Decision Of The Supreme Court No.1928k/Pdt/2021 Munawan Syahputra; Hasdiana Juwita Bintang; Mochammad Erwin Radityo
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.129

The transfer of land rights is a legal event/action that results in the transfer of rights from one legal subject to another legal subject, thereby causing the loss of authority over the land. Land transfer refers to the process or action that changes land ownership from one party to another. This can occur through a variety of means, including sale, inheritance, gift, or voluntary or forced surrender. For example, if someone sells a house to someone else, that is a transfer of land. This research includes normative legal research, so the legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials that will be used as a source in this research is library research, namely collecting legal materials by reading statutory regulations, official documents, journals, articles from the internet, and other literature that is closely related to The issues discussed are based on secondary legal materials. Transfer of land rights is a right to transfer land rights from an individual to a legal entity. Legal transitions usually occur due to legal acts and legal events. The implementation of the transfer of land rights can occur due to transfer or transfer. Switching, for example due to inheritance of Decision Number. 13/Pdt.G/2020/Pn Tbt The Panel of Judges rejected the Defendants' exception in its entirety in the main case, rejecting the plaintiff's claim in its entirety. Decision Number 422/Pdt/2020/PT Mdn that accepts the bandi application from the Comparator's Attorney for the original Plaintiff based on the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/Pn Tbt, dated 20 July 2020 which is appealed in the exception and rejects the exception Appellee 1 and Appellee II, in the main case, canceled the decision of the Tebing Tinggi District Court which was appealed. At the cassation level, Decision Number 1928 K/Pdt/2021, namely granting the cassation petition from the cassation applicants consisting of the Chair of the Community Empowerment Institution, formerly the Community Social Institution, represented by Iskandar and Lalang Village, Rambutan District, Tebing Tinggi City, represented by Lura Adi Supeno, thereby canceling the Medan High Court Decision Number 422/PDT/2020/PT Medan and dated 21 October 2020 which annulled the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/PN TBT dated 20 July 2020.

Legal Analysis of the Government's Role in Allocating Land for Farmers to Provide Legal Certainty : Research Study in Batam City Rudy Tarigan; Soerya Respationo; Parameshwara Parameshwara; Erniyanti Erniyanti
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.143

Batam City, as a rapidly growing industrial center, faces major challenges in allocating agricultural land for farmers who need legal certainty over the land they manage. The background of the problem in this study is the conflict of interest between industrial development and the need for agricultural land protection, which often sacrifices farmers' rights and causes legal uncertainty. The purpose of this study is to analyze the role of the government in allocating land for farmers in Batam City and to provide policy recommendations that can increase legal certainty over agricultural land. The research method used is a normative and empirical juridical approach, which includes an analysis of relevant laws and regulations such as Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, Law Number 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land, and Law Number 19 of 2013 concerning the Protection and Empowerment of Farmers. Primary data was collected through interviews with farmers, government officials, and other stakeholders, while secondary data was obtained from legal literature, policy documents, and previous case studies.The results of the study show that the implementation of land allocation for farmers in Batam City has not been optimal. Farmers often do not get adequate legal certainty because the allocated land can be revoked at any time by the government for the benefit of industrial development. The main obstacles identified include conflicts of interest between economic development and agricultural land protection, lack of legal certainty, weak coordination and oversight, development and urbanization pressures, and lack of supporting infrastructure. As a suggestion, this study recommends that the Batam City Government develop a balanced and inclusive spatial planning policy, accelerate the land certification process for farmers, improve coordination between institutions, and invest in agricultural infrastructure development. In addition, farmers are expected to strengthen their organizations to advocate for their rights, while the people of Batam City need to actively participate in the process of land use planning and monitoring to ensure sustainable and equitable development.

Legal Protection for Suspects in the Investigation Process of Terrorism Criminal Acts in Order to Fulfill Human Rights n the Region of the Riau Islands Police Raja Zailani; Dahlan Dahlan; Sayid Fadhil; Erniyanti Erniyanti; Soerya Respationo
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.144

The background of this study is the high number of terrorism cases in Indonesia that require strict law enforcement measures but must still respect human rights. Legal protection for suspects in the investigation process is crucial to ensure a fair legal process and in accordance with human rights standards regulated in various laws and regulations, including the Criminal Procedure Code, Law No. 5 of 2018, the 1945 Constitution, and Law No. 39 of 1999.The purpose of this study is to analyze the implementation of legal protection for suspects of terrorism crimes in the Riau Islands Police area, identify obstacles faced in implementing this protection, and formulate solutions to overcome these obstacles. The research method used is the empirical legal method, with a qualitative approach involving data collection through interviews, observations, and document studies.The results of the study indicate that the implementation of legal protection for suspects in the Riau Islands Police area is still less than optimal. The main obstacles identified include abuse of authority by law enforcement officers, lack of resources and capacity, and social stigma and discrimination against suspects. Abuse of authority often occurs in the form of unprocedural arrests and detentions, while limited resources result in a lack of adequate equipment and training for officers. Social stigma worsens the situation by hindering fair and humane legal protection. Based on the results of the study, it is recommended that supervision and accountability for the actions of law enforcement officers be strengthened, training and capacity building for officers be carried out continuously, and anti-stigma education and campaigns be carried out for the community. These steps are expected to increase the effectiveness of human rights protection for suspects, so that the process of investigating terrorism crimes can be carried out more fairly and in accordance with the principles of law and justice.

Juridical Analysis in Overcoming Obstacles to the Development of Individual Companies in the Digital Era Nurul Rahmawati; Parameshwara Parameshwara; Erniyanti Erniyanti; Soerya Respationo
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.146

Batam Port is one of the strategic ports in Indonesia that plays an important role in the flow of goods and passengers and supports regional and international connectivity. As a port with mandatory pilotage waters, pilotage and towing services are vital components in ensuring the safety and efficiency of port operations. The imposition of Non-Tax State Revenue (PNBP) of 5% from these services aims to increase state revenue and the quality of port services. However, the implementation of this policy raises various challenges, such as overlapping levies that increase ship operational costs and low levels of user compliance.This study aims to analyze the legal regulations, implementation, and impact of the imposition and management of PNBP contributions of 5% from pilotage and towing services in Class II Pilotage Waters of Batam Port. The research method used is qualitative with data collection techniques through in-depth interviews, observations, and documentation studies. Research respondents included officials of the Batam Special Harbormaster and Port Authority Office (KSOP), Port Business Entities holding pilotage delegations, shipping companies, and port service user.The results of the study show that the imposition of 5% PNBP is supported by a strong legal basis, but its implementation still faces obstacles such as high operational costs due to overlapping levies and low understanding and compliance of service users. The management of PNBP funds that is not transparent is also an obstacle in achieving the goal of improving port services and infrastructure. To overcome this problem, efforts are needed to harmonize levy policies, increase transparency and accountability in fund management, and provide more effective education and socialization to the maritime community. Suggestions submitted include harmonization of policies between KSOP Batam and the Port Business Entity BP Batam, increasing socialization and education to service users, and reviewing regulations by the government to ensure port efficiency and competitiveness. With these steps, it is hoped that the implementation and management of 5% PNBP can be more efficient, fair, and provide optimal benefits for all stakeholders in Batam Port.

Criminological Review of Efforts to Counter Terrorism Crimes by Involving Civil Society: Research Study in Riau Islands Province Andry Yosep Manalu; Dahlan Dahlan; Darwis Anatami; Soerya Respationo; Erniyanti Erniyanti
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.152

This research is motivated by the increasing threat of global terrorism and the importance of the role of civil society in the prevention and countermeasures of terrorism crimes. In Riau Islands Province, civil society involvement in security still faces various obstacles, including a lack of awareness, fear of reprisals, and a lack of resources, all of which have an impact on the effectiveness of counterterrorism efforts. The purpose of this study is to analyze the participation of civil society in counterterrorism efforts in the Riau Islands, identify the obstacles faced, and provide suggestions for increasing community involvement. The research method used is qualitative with a case study approach. Data is collected through in-depth interviews, observations, and analysis of documents related to security policies. Respondents included security forces, NGO activists, and civil society members involved in security initiatives. The results show that despite the recognition of the importance of community involvement, there are still shortcomings in the implementation of effective programs. These shortcomings include a lack of training, a lack of protection for whistleblowers, and a lack of resources. These barriers limit the active participation of the community in terrorism prevention and countermeasures activities. Based on the results of the study, it is recommended that the government increase the allocation of resources for community participation programs, develop safe and anonymous reporting mechanisms, and conduct extensive education and socialization programs to increase public awareness and skills in identifying and reporting suspicious activities. Security forces must also strengthen relations with civil society through more open communication and confidence-building

Juridical Analysis Of The Settlement Of Defaulted Debtors With Fiduciary Guarantees At PT Mitra Gadai Kepri In Batam City Tonny Tonny; Ali Amran; Tartib Tartib; Erniyanti Erniyanti; Soerya Respationo
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.157

PT Mitra Gadai Kepri is one of the Private Pawnshops in Batam City which is licensed by OJK to provide financing products. However, the business of financing activities carried out often occurs Default, especially with Fiduciary Guarantees. Based on the description in this thesis, the problems to be studied are: 1)How is the Legal Arrangement Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. 2)How is the Implementation Related to the Settlement of Debtor Default with Fiduciary Guarantee at PT Mitra Gadai Kepri Partner in Batam City. 3)What Factors are the Obstacles / Constraints and Solutions Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. The method in this research is Normative Legal research supported by empirical research. Therefore, the Legislation and Conceptual approach will be carried out. Used in data collection in this research with Interviews and Literature Studie. The results of the study concluded that consumers who default with fiduciary guarantees due to low understanding of financial literacy. As well as not knowing the existence of regulations governing the protection of consumers and the public in the Financial Services Sector in resolving defaults with fiduciary guarantees. Suggestions in this study are that the OJK and Financial Services Business Actors must increase Financial Literacy and Inclusion in the wider community and include the government in eradicating illegal financial services. Financial Services Business Actors must analyze the ability to pay prospective customers in order to minimize defaults, especially with fiduciary guarantees and must resolve defaults in accordance with applicable regulations. And an appeal to the public to be wiser and more selective in choosing financial service products and institutions that provide these services.

Analysis Of Defaults In Employment Based Contract Agreements The Value Of Justice Nabila Gelasia Herta Ananda; Darwis Anatami; Fadlan Fadlan; Erniyanti Erniyanti; Soerya Respationo
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.161

Through Law Number 11 of 2020 concerning Job Creation and its derivative PP Number 35 Thuan 2021 concerning PKWT, Outsourcing, Working Time and Rest Time and Termination of Employment Relations is the crystallization of various laws regarding Employment. which, philosophically, does not provide guarantees and protection for workers' rights. Methodologically, this research is an empirical juridical research using a combined approach method which is carried out by analyzing the research explanation in an inductive way leading to a deductive method so as to help the author explain the relationship between research variables and research objects. The results of this research found that there are many deficiencies in Law Number 13 of 2003 concerning Employment, such as the absence of legal protection or workers who are in non-standard work relationships, gender discrimination, wages, lack of social security, leave rights and other rights, partial revision What the Job Creation Law does to the Employment Law Number 13 of 2003 actually creates new problems that have a negative impact on worker protection, the rules governing employment now, so that if you look closely at the revised and deleted articles, it appears that The spirit of the law does not at all touch on efforts to increase worker competency, even though in reality, in Pancasila industrial relations, worker protection is a form of government responsibility. So it is hoped that a legal political policy between the DPR and the government will make changes to Article 66 paragraph (2) of Law Number 3 of 2023 concerning the Determination of Perpu Number 2 of 2022 into the Job Creation Law and PP Number 35 of 2021 concerning Specific Time Work Agreements , Outsourcing, Working Time and Rest Time, and Termination of Employment Relations, so that it can be seen more clearly how the protection of workers/laborers, wages, welfare, and protection of the special rights of outsourced workers, especially outsourced workers, must ensure greater legal protection so that the working atmosphere can become better and more conducive and neither party feels disadvantaged

Accountability Of Perpetrators Of Corruption Criminal Acts For State Losses In The Use Of Customer Funds At Pt. Asuransi Jiwasraya : (Study of Cassation Decision Number 2931 K/Pid.Sus/2021) Ferry Sabela; Farhana Farhana
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.162

This study aims to analyze and explain the enforcement of criminal law against perpetrators of corruption for state losses at PT Asuransi Jiwasraya. As well as explaining the accountability of perpetrators of corruption for state losses in the use of customer funds at PT Asuransi Jiwasraya through Cassation Decision Number 2931 K / Pid.Sus / 2021 and government efforts to provide protection to customers or policyholders of PT. Asuransi Jiwasraya. This study employs a normative legal research methodology. The study's findings demonstrate that PT Asuransi Jiwasraya's criminal law enforcement is following the guidelines laid out in Law Number 31 of 1999, as revised by Law Number 20 of 2001, when it comes to prosecuting those responsible for causing state losses due to corruption. The formulation demonstrates the efficacy of current legal regulations in handling the Jiwasraya case and protects the interests of public investors and shareholders. It contains specific elements and is subject to a specific sentencing system. Corruption at PT Asuransi Jiwasraya has resulted in monetary losses for the state. This is due to the defendant's substantial acts, which satisfy the criteria for a "Criminal Act" and a "error" that can be either "intentional" or "dolus" according to the trial evidence. This conclusion is reached in Cassation Decision Number 2931 K/Pid.Sus/2021. Customers or policyholders of PT. Asuransi Jiwasraya are protected through repressive legal measures, specifically through criminal channels, against those who have been proven to have violated the Corruption Crime Law, Article 55, paragraph 1, number 1, and Article 2 paragraph 1.

Legal Protection Against Execution Dependent Rights In Conventional Banks Siti Komariah; Otom Mustomi
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.163

. Legal Protection for the Implementation of Execution of Dependent Rights in Conventional Banks, which includes Research Objectives. For legal protection of the mechanism for the execution of the right of dependency in the return of debtors to the convention bank. Analyze the settlement of cases against bad debtors' assets to traditional banks and the execution of dependant rights in the process of loan repayment. How far studies on dependent rights execution in traditional banks have gone in terms of legal protections. Procedures for Conducting Studies The studies utilized are of a legal normative type. The study's findings Law 49/Prp of 1960, pertaining to the State Receivables Affairs Committee (PUPN Law), protects the right of dependents to the return of debts owed by government commercial banks. It is the responsibility of the State Receivables Affairs Committee ("PUPN"), established by law, to oversee the administration of all State Receivables. The execution of dependent rights in the return of debtors' assets to traditional banks and the settlement of bad credit cases were both inefficient and unsuccessful because, in reality, they could not recover the debts owed by the debtors. In summary Compared to the value of new bad credit cases submitted by traditional banks, the realization of receipts from the process of executing the right of dependency every year is significantly lower. As a result, the State Receivables and Auction Service Office (henceforth KP2LN) takes over the handling of receivables from traditional banks.

Juridical Analysis Of Dispute Resolution In Online Arisan Agreements (Verdict Number 12/Pdt. G/2020/PN. Tpg) Muhammad Rinaldi; Bachtiar Simatupang; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.172

In today's modern era, all activities are beyond what is called technological progress, social media is now not only a medium to communicate but can also be a medium that can do investment activities. Man is called a creature homo economics (mahkluk ekonomi). This term is then now understood by most people with the meaning of a creature whose primary purpose in life is to seek profit. With the development of this era all investment activities can be done easily based on digital social media or online, one of the investment activities that can be made with online is online earnings, earnings in general is the activity of collecting money in groups formed by a member then determined how many times in a day or a week spend a month in such collection. after the money is collected then it is determined who will get the first number lottery to the end. With the development of this era online arisan activities are now also not only supported by adults but also by young people, for young people online Arisan becomes an investment choice because of the mechanisms that are quite easy, efficient, and encouraging, but not a little maintenance of this online aryan runs smoothly one of the cases of disadvantage against online arsan. The aim of this study is to find out the conclusion of a misconduct in an online arisan agreement between Umi Barokah (claimant I), Susanti (claimed II), Fransisca Irene Miranda Putty (claimer III), Erfira Meyer (claimsant IV) and the accused namely Anggie Nadia under Judgment No. 32./Pdt.G/2020/PN. Tpg. Based on the research used, the specifications of the research are descriptive. Juridical-normative, legislative, informal, and case approaches. Data collection techniques used are document studies and literature studies, with methods of data analysis normative-qualitative. Based on the results of the analysis of the settlement of non- performance in the online derivative agreement in the judgment No. 12/Pdt.G/2020/PN. Tpg, the judge's assembly rejected the petitioners' claims in its entirety because they did not meet the subjective conditions of the agreement, and the objective valid condition of an agreement is that there is no particular thing, and cause is not legal that is contrary to the law.

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Febri Adi Prasetya

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+6282135809779

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Febri@apji.org

Editorial Address
Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195

Location
Kota semarang,

Jawa tengah

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Febri Adi Prasetya

Contact Email garuda@apji.org

Phone +6282135809779

Journal Mail Official Febri@apji.org

Editorial Address Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Febri Adi Prasetya

Contact Email
garuda@apji.org

Phone
+6282135809779

Journal Mail Official
Febri@apji.org

Editorial Address
Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195

Location
Kota semarang,

Jawa tengah

INDONESIA