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Juridical Analysis Of Batam's Authority Of Bp On The Issuance Of Land Management Rights To New Rights Holders In Order To Realize Legal Certainty (Research Study At Batam Business Agency) Sang Darma Pusa; Darwis Anatami; Ramlan Ramlan; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.996

The purpose of the study is to determine the legal regulation of the authority of the Batam Concession Agency (BP) on the issuance of land management rights for new rights holders, to determine the implementation of the authority of the Batam Concession Agency (BP) on the issuance of land management rights for new rights holders in order to realize legal certainty, to find out the constraint factors and solutions from the implementation of the authority of the Batam Concession Agency (BP) on the issuance of land management rights for new rights holders for the sake of Realizing Legal Certainty. This thesis research method is normative juridical (legal research) through literature study with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically. The results showed that according to legal arrangements, the Batam Concession Agency (BP) has special authority in terms of issuing land management rights in the Batam area. It shows Batam's strategic position and importance in the country's economic and investment map. BP Batam acts as the central authority in regulating and supervising the granting of land management rights to new rights holders, ensuring that the process is carried out in accordance with applicable rules and regulations. The exercise of authority by the Batam Concession Agency (BP) in issuing land management rights for new rights holders is a concrete effort to realize legal certainty in the Batam area. Through its authority, BP Batam ensures that every grant of land management rights is carried out based on the principles of transparency, and accountability, and in accordance with applicable regulations. It is important to ensure that new rights holders get their rights clearly and without ambiguity, so as to encourage investment and sustainable development in Batam. Exercising its authority over the issuance of land management rights, BP Batam faces a number of obstacles, including complicated bureaucracy, potential discrepancies between central and regional regulations, and inadequacy of competent human resources. These obstacles have the potential to hinder the achievement of legal certainty for new rights holders. To overcome this, intensification efforts are needed in bureaucratic reform, harmonization of regulations, and capacity building and training for BP Batam apparatus. With this solution, it is hoped that the process of issuing land management rights can run more efficiently, and transparently, and provide legal certainty expected by rights holders and investors in Batam. It is recommended that the central and local governments to continue to support BP Batam with policies that facilitate the procedure for issuing land management rights. BP Batam should develop a digital system for the issuance of land management rights that can simplify the process, increase transparency, and strengthen legal certainty for new rights holders. To establish a regular dialogue forum between BP Batam, new rights holders, and other relevant parties to identify and resolve obstacles that arise in real time.

Juridic Analysis Of The Overlapping Ground Problem Resulting From The Difference In Measurement (Research Study For A Free Trade Company And Batam Free Port) Fadhilah Muhamad Noor; Darwis Anatami; Dahlan Dahlan; Erniyanti Erniyanti; Soerya Respationo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.997

The earth is the most susceptible object to the issue, the many issues taking place today are due to the varying issues of society, one of which is the overlapping (overlapping) of the land as to the possession of the land floor. The study was done with the purpose of learning about the overlapping land disputes (overlapping) and the encountered obstacles and solutions in the offices of the free trade and Batam free port bodies. The study employs a sociological juxtapoc approach, the is approaches through current legal research, and links with existing facts in society, with analytical research specifications, as to the issues encountered in overlapping (overlapping) lands in the offices of the free trade and Batam free port bodies. In this study, the authors used primary types of data through interviews and field observations supported by secondary data of qualitative library studies. The study indicated that the settlement of land rights issues by mediating in the Office of the Free Trade Company and Batam Free Port had been consistent with the provision of a settlement of the problem carried out by the Office of the Free Trade and the Batam free port. As for the problem at hand, it is the absence of the parties involved and the good faith of the parties involved. As to overlapping (overlapping) ground (overlapping) as a result of loss of land/patent or a measurable system difference, the management of the free trade area and the Batam free port provided the problem with a revised image setting (PL) or a ground reduction reduction with a compulsory annual return on ground space (UWT).

Legal Analysis of Consumer Protection Towards Passenger Safety in Sea Transportation: Research Study at Sekupang Domestic Port, Kepri Firman Firman; Darwis Anatami; Bachtiar Simatupang; Erniyanti Erniyanti; Soerya Respationo
International Journal of Education and Literature Vol. 3 No. 2 (2024): August : International Journal of Education and Literature
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/ijel.v3i2.117

The background of this research is the high risk of accidents in the marine transportation sector that threatens passenger safety, as well as the need for an in-depth analysis of the effectiveness of existing regulations in protecting consumers. This study aims to find out and analyze the legal regulations for consumer protection for passenger safety in sea transportation, evaluate the implementation of relevant laws and regulations, and analyze consumer protection barriers to passenger safety in sea transportation. The research methods used are normative juridical and empirical sociology. Normative juridical research is carried out by analyzing applicable laws and regulations, including Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002. An empirical sociological approach is carried out through interviews and direct observation at the Riau Islands Sekupang Domestic Port to understand the implementation of regulations and safety perceptions among passengers and shipping business actors. The results of the study show that the legal regulation of consumer protection is regulated in Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002, even though safety regulations have been stipulated that consumer protection is still not running optimally. The main obstacles include limited resources, non-compliance of business actors, and inadequate infrastructure. Ineffective supervision and law enforcement are also the main inhibiting factors. To overcome these obstacles, it is recommended to increase resources and facilities, stricter law enforcement, and increase safety awareness and education among passengers and crew. The government also needs to increase investment in port infrastructure and strengthen coordination between relevant agencies.

Juridical Analysis of The Role of The Sea and Coast Guard in Improving Maritime Security and The Environment: Research Study at The Tanjung Uban Class II Marine and Coast Guard Base Office Benyamin Ginting; Erniyanti Erniyanti; Darwis Anatami; Soerya Respationo
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 2 No. 4 (2024): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v2i4.944

Maritime security and environmental protection in Indonesian waters, especially in Tanjung Uban, are strategic issues considering the high level of shipping activities and potential threats to marine ecosystems. This study focuses on the juridical analysis of the role of the Marine and Coast Guard Unit (KPLP) in improving maritime security and environmental protection, with a case study at the Tanjung Uban Class II Marine and Coast Guard Base. The purpose of this study is to evaluate the effectiveness of the implementation of the duties and functions of the KPLP based on the existing legal framework, identify the obstacles faced, and provide recommendations to improve the performance of the KPLP. The research method used is a qualitative approach with descriptive analysis, including document studies, field observations, and interviews with related parties. The results of the study show that although KPLP Tanjung Uban has a strong legal foundation, the implementation of their duties and functions is still not optimal. The main obstacles include limited resources such as adequate personnel and equipment, lack of continuous training which results in low personnel competence, and ineffective coordination with related agencies such as the Indonesian Navy and Bakamla. The low awareness and compliance with safety and environmental regulations among maritime industry players also exacerbates the situation. Based on these findings, this study provides several suggestions. For KPLP, an increase in the budget is needed for the procurement of resources and equipment, as well as continuous training for personnel. For the public, especially ship owners and other users of waters, it is important to increase awareness and compliance with maritime and environmental regulations through active participation in education and socialization programs. Meanwhile, the government must strengthen coordination between relevant agencies through the establishment of regular coordination forums and integrated information systems, to ensure better synergy in surveillance, law enforcement, and emergency response in the waters of Tanjung Uban. This research is expected to make a significant contribution to improving maritime security and environmental protection in Indonesia, as well as becoming a reference for the development of more effective policies and strategies in the management of water areas

Juridical Analysis Law Enforcement Of The Crime Of Theft By Minors To Realize Legal Certainty: Research Studies at Tanjung Pinang Resort Police Christhopher Theodore Nathanael; Darwis Anatami; Ramon Nofrial; Soerya Respationo; Erniyanti Erniyanti
International Journal of Social Science and Humanity Vol. 1 No. 3 (2024): September : International Journal of Social Science and Humanity
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijss.v1i3.46

Children are a mandate and a gift from God Almighty who has inherent dignity and worth as a whole human being and at the same time is the heir and shaper of the nation's future. The research method used is the Normative Juridical method with an Empirical Sociological approach. By using Primary and Secondary Data through interviews and observations. A part from that, the author uses secondary data through the library. As an analytical tool the author uses Grand Theory (Law enforcement theory) Middle Theory (Legal System Theory) and Applied Theory (Relative theory) This study aims to find out the legal arrangements for the crime of theft by minors to realize Legal certainty, to find out the implementation of law enforcement for the crime of theft by minors to realize Legal certainty and to find out the obstacles/obstacles and solutions in law enforcement of theft by minors to realize legal certainty. Legal Arrangements for the Crime of Theft by Children to Achieve Legal Certainty, Research Studies at Tanjung Pinang Resort Police are in accordance with the prevailing laws and regulations. Implementation of Law Enforcement for the Crime of Theft by Children To Realize Legal Certainty, Research Studies at the Tanjungpinang Resort Police have been going well but in fact, children are still found in the field who commit the Crime of Theft every year, it has increased, especially in the Tanjung Pinang, Archipelago, this is seen from the level of law enforcement factors against children who are in conflict with the law in Tanjung Pinang, for this reason, the performance of the TanjungPinang Police is needed to prevent the crime of theft committed by children

Analysis Of Forest And Land Fire Prevention And Law Enforcement Strategies In The Riau Islands In An Effort To Deal With Environmental Crises and Economic Losses: Research Study In Bintan Regency Edy Supandi; Parameshwara Parameshwara; Darwis Anatami; Erniyanti Erniyanti; Soerya Respationo
International Journal of Social Science and Humanity Vol. 1 No. 3 (2024): September : International Journal of Social Science and Humanity
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijss.v1i3.47

Forest and land fires are a serious problem that has a negative impact on the environment and the economy, especially in the Riau Islands region, including Bintan Regency. The background of this research is the high frequency of forest fires that cause ecosystem damage, air pollution, and significant economic losses. This study aims to analyze the forest and land fire prevention and law enforcement strategies that have been implemented and identify obstacles in their implementation. The research method used is qualitative with a case study approach. The data was collected through in-depth interviews with law enforcement officials, forestry officers, and local communities, as well as analysis of documents related to forest fires in Bintan over the past few years. In addition, questionnaires were also distributed to get a broader perspective on the effectiveness of existing strategies. The results of the study show that although there have been various prevention efforts such as routine patrols, socialization, and the installation of prohibition signs, the effectiveness is still not optimal. The main obstacles identified include limited resources, lack of community participation, difficulty in identifying perpetrators, hard-to-reach terrain, and pressure from certain parties. The lack of resources such as personnel and equipment, as well as the low level of public awareness and participation in forest fire prevention, are the main factors hindering the effectiveness of these strategies. In addition, pressure from landowners or influential parties often hinders firm and fair law enforcement. Suggestions for improving the effectiveness of prevention and enforcement strategies include increasing the budget and capacity of officers, the use of advanced technology for monitoring and investigation, and education and empowerment of local communities. In addition, there is a need for increased coordination between agencies and legal protection for officers who face pressure in carrying out their duties. With a comprehensive and inclusive approach, it is hoped that forest and land fires in Bintan can be minimized, so that a more sustainable environment and a stable economy can be realized

Juridical Review Of The Accountability Of The Port Authority and The Port Authority Office (KSOP) In The Evaluation System For The Implementation Of Guidance At The Port: Research Study On Batam Special KSOP Gahara Herawati; Erniyanti Erniyanti; Soerya Respationo; Bachtiar Simatupang; Darwis Anatami
International Journal of Social Science and Humanity Vol. 1 No. 3 (2024): September : International Journal of Social Science and Humanity
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijss.v1i3.49

This research is motivated by the importance of the role of KSOP in ensuring that ship guidance at the port is carried out in accordance with the set safety standards, as well as various obstacles that hinder the optimization of the implementation of these responsibilities. These obstacles include limited human resources, budgets, infrastructure, and ineffective coordination and communication. Research Objectives The purpose of this study is to analyze and evaluate the accountability of KSOP in the implementation of guidance at Batam City Port, identify the obstacles faced, and formulate efforts that can be made to overcome these obstacles. Research Methods This research uses normative juridical and empirical sociological methods. The normative juridical method is carried out through a literature study of the laws and regulations that regulate ship guidance and the responsibilities of KSOP. Meanwhile, empirical sociological methods are carried out through observation, interviews, and direct data collection from the Batam Special KSOP and other related parties. Research Results The results of the study show that the implementation of KSOP accountability in the implementation of guidance at the Port of Batam City has not run optimally. Obstacles faced include limited human resources, inadequate budgets, outdated infrastructure and technology, and lack of coordination and communication. In addition, awareness and compliance with safety procedures still need to be increased. Suggestions This study suggests increasing the recruitment and training of ship guides, optimizing budgets, modernizing navigation equipment and communication technology, simplifying regulations, and improving coordination and communication between related parties. With these steps, KSOP is expected to be more effective in supervising and ensuring the implementation of safe and efficient guidance at the Port of Batam City.

Analysis Of The Role Of Civil Servant Investigators Of The Sea and Coast Guard Base In Law Enforcement Shipping Crime: Research Study At Class II Tanjung Uban PLP Base Bagus Riadi; Erniyanti Erniyanti; M. Soerya Respationo; Darwis Anatami; Ramlan Ramlan
International Journal of Humanities and Social Sciences Reviews Vol. 1 No. 3 (2024): August : International Journal of Humanities and Social Sciences Reviews
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijhs.v1i3.45

Law enforcement in the shipping sector is an important aspect in maintaining security and order in Indonesian waters. Civil Servant Investigators (PNS) at the Marine and Coast Guard Base (PLP) have a central role in cracking down on shipping crimes. This study aims to analyze the role of civil servant investigators at the Tanjung Uban Class II PLP Base in law enforcement of shipping crimes, identify the obstacles faced, and provide recommendations to increase the effectiveness of law enforcement. The research methods used are normative juridical and empirical sociology. Normative juridical research is carried out through the study of relevant documents and laws and regulations, such as Law Number 17 of 2008 concerning Shipping and its implementing regulations. Empirical sociological research was conducted through interviews with civil servant investigators, related parties, and analysis of concrete cases handled at the Tanjung Uban Class II PLP Base. The results of the study show that civil servant investigators at the Tanjung Uban Class II PLP Base have an important role in law enforcement of shipping crimes, but face various obstacles. Limited human resources and facilities, lack of coordination between agencies, and technical and legislative obstacles are some of the main obstacles. Case handling such as KM. Putra Harapan Baru and MT. Queen Majesty revealed that violations often occur due to non-compliance with shipping regulations, as well as a lack of legal awareness among shipping industry players. Based on the results of the research, it is recommended that the number and quality of investigators be increased through training and recruitment, investment in adequate facilities and equipment, and increased coordination between agencies. In addition, the adjustment of domestic regulations to international standards and legal awareness campaigns for the public and shipping industry players are also important to ensure compliance with the law. Strengthening legal protection for investigators from external intervention and strict enforcement of the code of ethics will help maintain integrity and professionalism in maritime law enforcement. With this effort, it is hoped that law enforcement of shipping crimes at the Tanjung Uban Class II PLP Base can run more effectively and efficiently.

Juridical Analysis Of Enforcement Of State Civil Apparatus (ASN) Discipline In The School Environment (Research Study Of SMA Negeri 15 Batam) Bungasia Bungasia; Fadlan Fadlan; Darwis Anatami; Erniyanti Erniyanti; Soerya Respationo
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.174

Discipline of the State Civil Apparatus has been regulated in Law of the Republic of Indonesia Number 20 of 2023 concerning the State Civil Apparatus. In this regulation, the State Civil Apparatus consists of Civil Servants and Government Employees with Employment Agreements who are appointed by civil service development officials and entrusted with duties in a government position or entrusted with other state duties and are given income based on statutory regulations. The purpose of this regulation is intended to serve as a guideline in enforcing State Civil Service Discipline. However, the reality in the field is that violations of State Civil Apparatus Discipline, especially at SMAN 15 Batam, still occur frequently and repeatedly. This research aims to find out how the law regulates the enforcement of discipline towards State Civil Apparatus in the SMAN 15 Batam environment, how the implementation of law enforcement regarding the application of discipline towards the State Civil Apparatus in the SMAN 15 Batam environment and the obstacles faced by SMAN 15 Batam in enforcing discipline against State Civil Apparatus and alternative problem solving in the form of rewards and punishments. The research method used is a qualitative method with a normative and empirical juridical approach that analyzes statutory regulations relevant to the discipline of the State Civil Service. The data sources for this research were obtained from secondary data and primary data. Primary data was collected through interviews and observations, while secondary data was obtained from previous literature, books, journals and case studies. The results of the research show that so far the process of imposing punishment has only taken the form of a verbal warning delivered directly by the school principal. Verbal warnings are a form of light disciplinary punishment. Verbal warnings are given by considering the background of the Civil Servant disciplinary violation and the impact of the violation. Based on these results, the suggestion put forward is that it is hoped that all State Civil Servants will increase awareness of ASN discipline as well as understand and carry out obligations and avoid prohibitions in accordance with applicable laws and regulations. State civil servants must be more responsible for themselves and in carrying out ASN duties so that the objectives of ASN discipline can be realized well. For example, arriving at school early to avoid unexpected obstacles. In the future, enforcement of discipline in the State Civil Service must really be carried out properly and the process of imposing punishments must be stricter against perpetrators of violations of discipline by the State Civil Service so that it can provide a deterrent effect for undisciplined ASN.

Legal Aspects of Land Ownership in Batam's Old Villages: A Notarial Perspective M. Tartib; Henry Aspan; Darwis Anatami; Etty Sri Wahyuni
International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i2.180

This study examines the complex interplay between formal legal structures, customary practices, and rapid urban development in shaping land ownership dynamics in Batam's old villages (kampung tua). Through a qualitative case study approach, incorporating document analysis, semi-structured interviews, and field observations, we investigate the challenges in reconciling traditional land rights with modern property laws in the context of Batam's development as a free trade zone. Our findings reveal that approximately 70% of land parcels in the studied villages lack formal titles, highlighting the prevalence of informal ownership systems. The research identifies significant legal pluralism, where national land laws, local regulations, and customary (adat) practices coexist and often conflict. Notaries emerge as key actors navigating this complex landscape, often expanding beyond their formal mandate to mediate between different systems of authority and ownership. The study underscores the limitations of current legal frameworks in addressing the unique challenges of land administration in rapidly urbanizing areas with strong customary traditions. We propose the need for more adaptive land governance approaches that can accommodate both formal and informal ownership structures, including specialized legal frameworks for recognizing customary land rights in urban contexts. This research contributes to the broader understanding of land rights issues in the face of rapid urban development and offers insights for policymakers, legal practitioners, and urban planners grappling with similar challenges in other developing regions.

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