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Rina Shahriyani Shahrullah
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INDONESIA
Journal of Law and Policy Transformation
Published by Universitas Internasional Batam
ISSN : -     EISSN : 25413139     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and transformation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 239 Documents
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IMPLEMENTATION OF CHEMICAL CASTRATION PUNISHMENT FOR SEXUAL VIOLENCE AGAINST CHILDREN PERPETRATOR Imam Sujono
Journal of Law and Policy Transformation Vol 7 No 1 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i1.6561

Abstract

The purpose of this research is to perform a legal evaluation of the implementation of Government Regulation No. 70 of 2020 on chemical castration punishment for offenders of sexual assault against children. The normative juridical technique was employed in the creation of this publication, which is a study centered on evaluating the rules or norms found in positive law. According to the research findings, the implementation of this regulation is intended to provide justice for victims, suppress the growth rate of cases, and provide a deterrent effect for perpetrators; these reasons are associated with criminal law theories such as retributive theory, deterrence theory, rehabilitation theory, and resocialization theory. Human Rights Law considers this penalty to be a breach of human rights, as outlined in the Universal Declaration of Human Rights and Human Rights Law No. 39 of 1999. Denmark, Sweden, Finland, Norway, Poland, the US state of California, Australia, New Zealand, Russia, South Korea, Israel, Estonia, and Moldova are some of the countries that have implemented this penalty. Countries that have implemented this penalty have two basic goals: first, to apply this punishment as a national punishment, and second, to apply this punishment voluntarily from the perpetrator.
REGULATING THE COVID-19 PANDEMIC: FATWAS, LAW, AND POLICY IN AUSTRALIA Ann Black
Journal of Law and Policy Transformation Vol 7 No 1 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i1.6710

Abstract

The COVID-19 pandemic tested governments, health systems, and religious communities. Australia prioritised health and community safely over freedom of religion which impacted on religious communal activities, which for Muslims were significant. Unlike Indonesia and other Muslim majority countries, where there is a respected well-established role for ulama, either collectively or individually, giving guidance and rulings (fatwas) to governments and Muslims, in a secular nation, like Australia, it is less established. This paper evaluates the ways by which the three main Islamic organisations in Australia aided their communities during the pandemic and to extent to which they supported their government in implementation of a regulatory raft of isolation and social distancing policies as well as the vaccine mandate. This is done by analysis of fatwas issued during the pandemic. It concludes that by working with, not in opposition to the government regulations, they provided optimal outcomes for the Muslim community and Australia.
LEGAL CONSEQUENCES OF BANKRUPTCY AND POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS: ARE THEY SIMILAR? Bicar Franki Leonardo Manurung; Elza Syarief; Rina Shahriyani Shahrullah
Journal of Law and Policy Transformation Vol 7 No 1 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i1.6746

Abstract

There is a main difference between the Postponement of Debt Payment Obligations/ PDPO (Penundaan Kewajiban Pembayaran Utang/PKPU) and bankruptcy. They may become a solution when a business is entangled in financial problems or debts. Due to their differences, this study aims to ascertain the legal consequences arising from bankruptcy and the Composition Plan under the PDPO by analysing the court decision relating the Homologation Decision (the Endorsed Composition Plan). It adopts normative juridical research, therefore the data used is secondary data. Data collection techniques are a literature study in the form of legislation and literature and document study, especially the decision No.9/Pdt.Sus-Pailit/2020/PN Smg in conjunction with No.13/Pdt.Sus-PKPU/2016/PN Smg. It uses a qualitative descriptive analysis method. The study found that both the bankruptcy and PDPO have legal consequences on debtors and relevant stakeholders. The PDPO based on the Composition Plan results in the bankruptcy of a company if it still does not pay the debt as stipulated in the Homologation Decision (the Endorsed Composition Plan).
HANDLING THE COVID-19 PANDEMIC IN INDONESIA AND INDIA: A CRITICAL FLASHBACK IN 2020 Marfin Timu Apy Phymma; Rina Shahriyani Shahrullah; Lu Sudirman
Journal of Law and Policy Transformation Vol 7 No 1 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i1.6749

Abstract

The Covid-19 pandemic is one of the most common pandemics in contemporary history. The preparedness of a country is also determined by how well it is able to reduce the rate of spread, the fatality rate, the ability to handle infected patients, as well as from the capacity to mobilize and manage resources appropriately to deal with crises and their impacts. This study attempts to compare the approaches of Indonesia and India in handling the Corona Virus Diseases (Covid-19) pandemic in 2020. This study adopts a qualitative research approach by using secondary data which are collected from the printed and electronic media related to Covid-19 in Indonesia and India. It was found that India implemented a total lockdown until September 2020 because the number of positive cases of COVID-19 in India reached more than 4.7 million with a death toll of more than 78 thousand people. Meanwhile, Indonesia did not implement a total lockdown. It adopted the Large-Scale Social Restrictions (LSSR). Although it succeeded in temporarily suppressing the spread of Covid, the LSSR was considered not effective enough. Similar challenges were faced by India which chose to lock down the country. Despite being able to temporarily suppress the rate of Covid-19, the sudden implementation of a regional quarantine and minimal preparation created a humanitarian crisis.
LEGAL PROTECTION FOR APARTMENT CONSUMERS RELATING TO THE FACILITIES PROMISED BY DEVELOPERS (CASE STUDY IN BATAM CITY) Elza Syarief; Lu Sudirman; Yan Pin
Journal of Law and Policy Transformation Vol 7 No 1 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i1.6731

Abstract

People tend to stay closely to the centers of their activities and work activities. Various facilities that are desired by people are also the main objectives in choosing representable housing, including apartments that have various amenities. The high demand for apartments in Batam City has caused developers to compete in building apartments. Unfortunatey, they only focus on business, as the results the promised facilities are sometimes not suitable with the information, they offer to consumers. The issue of the lack of clarity regarding the promised facilities raise legal issues pertaining to the protection of consumers. Legal protection for consumers pursuant to the promised facilities creates new problems in the future. Construction agreements relating to the facilities have been violated by the developers, although they state that they will continue to provide compensation in the form of other amenities. Coordinations according to the mandate of the law and the revision of legal protection against consumers is an alternative offered in this research.
THE IMPLEMENTATION OF CEDAW PRINCIPLES ON REDUCING GENDER-BASED VIOLENCE DURING THE COVID-19 PANDEMIC Afandi Sitamala; Ferina Ardhi C; Ahmad Lanang C
Journal of Law and Policy Transformation Vol 7 No 1 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i1.6724

Abstract

This study aims to identify the principles of CEDAW and analyze them to determine the effectiveness of these principles in reducing gender-based violence during the outbreak. The study was carried out using normative legal research methods that included a conceptual and statutory approach. A literature research will be used to acquire legal materials, and the legal materials will be assessed using CEDAW principles. The study's findings reveal that there are three foundational principles of the CEDAW these are non-discrimination, substantive equality, and state obligation. The principles are effective on plummeting gender-based violence in pandemic outbreak. The full application of the CEDAW principles remains a significant challenge.
A COMPARATIVE LEGAL STUDY ON NEOBANK BETWEEN SOUTH KOREA AND INDONESIA John Elvin Louis; Beumhoo Jang
Journal of Law and Policy Transformation Vol 7 No 1 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i1.6753

Abstract

Development of technology in the banking sector has introduced the concept of Neobank (digital bank or Internet-only bank) in South Korea and Indonesia. This study aims to analyze the regulations of in South Korea and Indonesia in order to ascertain the differences and similarities of the regulations of the two countries and eventually to provide the ideal regulatory solution in managing Neobank. The research adopted a comparative law research which is one of the types under normative legal research. It utilized secondary data. The primary legal materials were the Act on Special Cases Concerning Establishment and Operation of Internet-Only Banks of South Korea and the Indonesian Bank Circular No.6/18/DPNP 2004 and Regulation of Financial Services Authority No.12 /POJK.03/2018. The secondary legal materials consisted of articles journals, books and other materials relevant to the topic under discussions. All secondary data was collected from library research and it adopted an analytical and juridical qualitative approach. It found that the establishment of a Neobank in South Korea and Indonesia are both regulated in the banking laws of each country in general, but have their own specific regulations. South Korea is under the Act and Indonesia is at the regulatory level of the Financial Services Authority. Fundamentally, South Korea's Neobank is more progressive in implementing its technology than Indonesia, which still uses conventional bank (commercial banks) as the backbone to operate in the form of digital bank.
THE ROLES OF THE OFFICE OF RELIGIOUS AFFAIRS RELATING TO THE DISPENSATION FOR THE MARRIAGE OF UNDERAGE CHILDREN (CASE STUDY AMPAR DISTRICT, BATAM CITY) Rudiansyah Rudiansyah; Ampuan Situmeang; Fl Yudhi Priyo Amboro
Journal of Law and Policy Transformation Vol 7 No 1 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i1.6730

Abstract

Marriage of children who are still underage is often a problem because there are many conflicting factors occuring, namely age and health in child protection. Therefore, a rule is formed that regulates the age limit in marriage, but in practice there are still children who marry underage because they have received permission from the Religious Courts, namely the provision of marriage dispensation. In order to analyze this problem, this research uses the Theory of Authority by Miriam Budiardjo and the theory of Development Law by Mochtar Kusumaatmadja to analyze the obstacles faced by the Batam City Government in preventing the underage marriages in Batam City, especially in Batu Ampar District and to analyze solutions that can be taken to overcome the underage marriage in Batam City, especially in Batu Ampar District. The research found that the implementation of underage marriages in Batam City, especially in Batu Ampar District is carried out based on the limits of the authority of the Head of Religious Affairs Office and the existence of permission from the Religious Courts, namely the granting of marriage dispensation.
THE SETTLEMENT OF TWO CONTRADICT RECONSIDERATION VERDICTS IN DIFFERENT CHAMBERS (CASE STUDY OF COURT’S VERDICT NUMBER 162 PK/TUN/2015 AND 1053/PDT/2019) Lidya Rahmawati; Anna Erliyana
Journal of Law and Policy Transformation Vol 7 No 1 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i1.6744

Abstract

Judicial review might be submitted by the parties as a form of objection to the judge's decision which has permanent legal force. In practice, it is possible for an object of dispute to be filed in two chambers of courts that cause two sentences with permanent legal force contradict each other as in between case Number 162 PK/TUN/2015 and 1053/PDT/2019. The two cases decide which party has the right to manage a mining business permit area, but when the two decisions are about to be executed, the two Mining Business Permit Areas between PT Pasir Prima Coal Indonesia (PT PPCI) and PT Mandiri Sejahtera Energindo Indonesia (PT MSEI) will still overlap. This paper uses a normative empirical research method with a judicial case study approach, which its normative research based on the provisions of the applicable laws and regulations is carried out in parallel by dissecting several related court decisions. The legal materials used in this study are in the form of books containing the opinions of legal practitioners and academics, legislations, and of course the court's decisions. In their considerations, the Panel of Judges in the general court room focuses on seeking material truth, and the Panel of Judges in the state administrative court looks at the administrative process in the issuance of a state administrative decision. The Chief Justice of the Supreme Court through his letter explained that the case could go through a second review where the composition of the panel of judges consisted of the chairman of the Supreme Court, the Supreme Court justices from civil chamber, and the Supreme Court justices from the state administrative law chamber, as stated in the Supreme Court Circular Number 5 of 2014 and Circular Letter of the Supreme Court Number 4 of 2016.
LEGAL ANALYSIS OF MANGROVE DAMAGE COMPENSATION WITH ECONOMIC VALUATION IN BINTAN Lia Nuraini; Henky Irawan; Rizki Yuli Sari
Journal of Law and Policy Transformation Vol 7 No 2 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i2.7196

Abstract

Bintan, the only conservation area at the district level, was established through the Regent's Decree No. 58/II/2009 and has an area of ​​472,905 ha, with a fairly high area of ​​mangroves and seagrass beds, especially in the southern region of Bintan Island. One interesting and sustainable phenomenon on Bintan Island is that beach destruction is often found in the form of lumps of dirty oil (sludge oil) during the north wind season along the northern coast of Bintan Island, stretching from Lagoi beach to Berakit beach. This study discusses the legal analysis of mangrove damage compensation with the economic valuation in Bintan. Research method This research uses empirical juridical research with qualitative and quantitative data types, from a qualitative perspective analyzing the legislation on the protection of mangrove ecosystems, and quantitative data analysis to measure the level of damage to mangroves in the Bintan area. The perpetrators of mangrove destruction can be subject to strict liability which imposes proof on the perpetrators. To provide a deterrent effect and save the environment as well as economic losses to Mangroves. Based on Ministerial Regulation Number 7 of 2014 concerning Environmental Losses Due to Pollution and/or Environmental Damage, describes community losses due to environmental damage, namely those that have an impact on community losses. Economic valuation of compensation due to mangrove destruction. As an ecotourism area in Bintan Regency, it can be calculated using the travel cost method, so that the action of the valuation in 1 month is as follows: Pengudang Village Tourism Rp. 20,000,000, Teluk Sebong Village Tourism Rp. 2,000,000, Penaga Village Tourism Rp. 29,040. 000, Lagoi Tourism Rp 834,000,000. The economic valuation due to mangrove damage in Bintan experienced by marginal fishermen is estimated at IDR 2,600,000 per month.

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