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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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EDUCATING CHILDREN ON LEGAL MATTERS THROUGH LOCAL WISDOM PRINCIPLES APPROACHES AND ENHANCING RESTORATIVE JUSTICE IN THE CRIMINAL LAW SYSTEM Suwito Suwito; Jonneri Bukit; Ade Sathya Sanathana Ishwara; Hardi Done; Isabel Moodley
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7706

Abstract

Providing a safe environment for children with legal issues is crucial in order to reduce the likelihood that they may commit similar crimes in the future. However, modern methods are often punitive and overlook the need of victim counselling and rehabilitation. This research seeks to address (1) How might a restorative approach be included into the resolution of juvenile court cases? and (2) How to tap into indigenous knowledge to implement Restorative Justice practices that help young offenders in Indonesia. The normative judicial procedure is adopted for this study. The findings highlighted the necessity to reevaluate the priority of customary law in attaining Restorative Justice in resolving legal disputes involving children in Indonesia. From the perspective of adat and local knowledge, criminal cases are issues that can only be handled with the participation of victims, their families, and the surrounding community. When it comes to investigating crimes, indigenous methods and local knowledge take cultural and social factors into account as well. The offered penalty is punitive, edifying, and beneficial to society as a whole in this circumstance. When put into practice, this method may enhance the restorative justice system in criminal law and educate youngsters how to cope with legal issues
SOCIO-LEGAL PERSPECTIVES ON THE OMNIBUS LAW IN THE ERA OF INDUSTRIAL REVOLUTION 4.0: A CASE STUDY OF BATAM CITY Djandel Dachlan Pangihutan Marbun; Nurlaily Nurlaily; Rina Shahriyani Shahrullah
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7862

Abstract

Industrial Revolution 4.0 (IR 4.0) has the potential to improve the quality of life for people around the world, but it also has caused the waves of unemployment and layoffs. The Indonesian government has set 10 national priorities to deal with the IR 4.0 by “harmonization of rules and policies” (Priority 10 of Making Indonesia 4.0). In this regard, the government adopts the Omnibus Law approach by enacting the Job Creation Law. This study aims to ascertain the perspectives of Batam people regarding the Job Creation Law whose status is still conditionally valid. This study adopts empirical legal research by collecting and processing 2 types of data, namely primary data and secondary data. Both data were analyzed by using a descriptive qualitative approach. It found and concluded that based on the survey of 210 workers in Batam City, they have positive perceptions of the Job Creation Law since they consider that the Law provides more legal certainty than the former Employment Law. They are also more favorable of this Law than the former Employment Law because it abolishes the overlapping regulations and make one new effective regulation to improve the economy of people. In addition to the Central Government’s efforts to fulfil the requirements of the Constitutional Court Decision Number 91/PUU-XVIII/2020, various stakeholders in Batam City have contributed their insights and inputs to make the Job Creation Law perfect to respond many challenges in the era of RI 4.0. and it can be valid and fulfill the requirements of the Constitutional Court’s Decision.
DISPUTE SETTLEMENT IN DELIMITATION EXCLUSIVE ECONOMIC ZONE THROUGH DIPLOMACY OF STATES: WILL IT SOLVE THE UNDELIMITED? (CASE: INDONESIA AND VIETNAM) Ninne Zahara Silviani
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8289

Abstract

International law has an aim to help international community to ensure the peace and security between states. Whenever a dispute between states arisen in any field of law, there are some choices of dispute settlement, which could be chosen by state entities to solve it, which are diplomatic methods and the adjudicative methods. As mentioned in article 3 point 1(a) of Vienna Convention 1961, the function of diplomatic mission is represent the sending state in the receiving state. The functions are not only in ceremonial attempt. Diplomatic mission also could protest and do inquiries to the receiving states if there are any dispute arisen. Same rule do applied in maritime disputes between Indonesia and Vietnam recently. Indonesian Navy patrol ship under name KRI Tjiptadi 381 was hit by two surveillance vessels owned by the Vietnam Coastguards while pursuing illegal fishing boats on the North Natuna Sea, which is defined as “undelimited” maritime boundaries between Indonesia and Vietnam on Saturday, April 27th 2019. The Indonesian Foreign Ministry then called on the Vietnamese Ambassador as the diplomacy mission of Vietnam in Jakarta to deliver a protest note against a dangerous incident in the North Natuna Sea. This article will discuss about the limitations of diplomatic mission authority in dispute settlement between states, also does the diplomacy settlement could give a better result settling the maritime boundaries dispute.
EMERGING TRENDS OF CYBER CRIME IN INDIA : A CONTEMPORARY REVIEW Tanya Gupta
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7839

Abstract

The world has become more advanced in communication, especially after the invention of the internet. The 21st century has been characterized by massive technological innovations that have shaped the way people interact. The social, political, and economic dimensions of human life are facilitated by a digital age that has encompassed the whole world. Universally, there has been a rapid rise in the use of computers and electronic gadgets. These developments have led to significant growth in criminality, especially in cyberspace. Cybercrimes have grown progressively with perpetrators developing newer and sophisticated techniques every day. Despite the measures taken by the international community to combat the vice and mitigate its effects, cybercrimes have continued to rise alarmingly across the world. According to Cyber Security Breaches Survey of 2022, 39% of businesses worldwide have been a victim of cybercrime.[1]. In this paper, the author intends to give a brief account of historical background and evolution of cyber crime. This paper focuses that what are the types of cyber crime and provisions covered under Information and Technology Act, 2000 (IT Act). The author also tries to cover that how does number of cases related to cyber crime in India has been increasing day by day. This paper also focuses on the impact of cybercrime and what are the challenges faced during investigation and what will be the safety measures against cyber crime. In this paper, researcher intends to use the secondary data for illustrating the research paper to clarify certain cybercrimes and issues related to the Investigation and the impact of cyber crime. Keywords: Internet, cybercrime, IT Act, Impact and Challenges [1]Department for Digital, Culture, Media & Sport, UK Government, Security Breaches Survey, 2022 https://www.gov.uk/government/statistics/cyber-security-breaches-survey-2022/cyber-security-breaches-survey-2022 The world has become more advanced in communication, especially after the invention of the internet. The 21st century has been characterized by massive technological innovations that have shaped the way people interact. The social, political, and economic dimensions of human life are facilitated by a digital age that has encompassed the whole world. Universally, there has been a rapid rise in the use of computers and electronic gadgets. These developments have led to significant growth in criminality, especially in cyberspace. Cybercrimes have grown progressively with perpetrators developing newer and sophisticated techniques every day. Despite the measures taken by the international community to combat the vice and mitigate its effects, cybercrimes have continued to rise alarmingly across the world. According to Cyber Security Breaches Survey of 2022, 39% of businesses worldwide have been a victim of cybercrime.[1]. In this paper, the author intends to give a brief account of historical background and evolution of cyber crime. This paper focuses that what are the types of cyber crime and provisions covered under Information and Technology Act, 2000 (IT Act). The author also tries to cover that how does number of cases related to cyber crime in India has been increasing day by day. This paper also focuses on the impact of cybercrime and what are the challenges faced during investigation and what will be the safety measures against cyber crime. In this paper, researcher intends to use the secondary data for illustrating the research paper to clarify certain cybercrimes and issues related to the Investigation and the impact of cyber crime. [1]Department for Digital, Culture, Media & Sport, UK Government, Security Breaches Survey, 2022 https://www.gov.uk/government/statistics/cyber-security-breaches-survey-2022/cyber-security-breaches-survey-2022
DISTRIBUTION OF MANAGEMENT OF AUTHORITY IN MANAGEMENT OF MARINE NATURAL RESOURCES BASED ON REGIONAL ADMINISTRATION LAW Azis Kasim Djou; Rina Shahriyani Shahrullah; Elza Syarief
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8299

Abstract

The enactment of Law Number 30 of 2014 concerning Government Administration, it certainly provides clear directions regarding the implementation of governance, encompassing the acquisition and exercise of authority, as well as prohibitions against the misuse of authority. The distribution of authority, finances, utilization of natural resources, and other resources are conducted fairly and harmoniously between the central government and regional governments. Similarly, the arrangement of authority distribution in the management of marine natural resources stipulates that the management of marine natural resources from the coastline up to a distance of 12 nautical miles beyond oil and natural gas falls under the jurisdiction of provincial regional governments. However, up to this point, the collection of fees for utilization remains under the control of the central government through technical implementation units in the region. This research employs a juridical-empirical method with a legislative approach, analyzing its effectiveness based on its implementation within the province of Riau Islands. The study is conducted using a qualitative method and described in a descriptive manner. The research findings indicate that the regional government does not benefit from the management of marine natural resources in the port sector, particularly concerning the collection aspects of the utilization of marine natural resources within the 0 to 12 nautical miles in the regional government's territory.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN DISTRICT ATTORNEY’S OFFICE OF ROKAN HULU: CONTEMPORARY ISSUES Susanto Martua; Ampuan Situmeang; Rufinus Hotmaulana Hutauruk
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8286

Abstract

The Attorney General's Office issued Regulation of Attorney General Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice (hereinafter written RAG No. 15/2020). According to this regulation, the Public Prosecutor has the right to stop prosecuting the accused in certain cases, if the victim and the defendant have agreed to an amicable agreement. The existence of RAG No. 15/2020 which gives the Prosecutor's authority to stop prosecutions based on restorative justice is a breakthrough in the settlement of criminal acts. Restorative justice is an approach in resolving criminal acts which is currently being voiced again in various countries. Through a restorative justice approach, victims and perpetrators of criminal acts are expected to achieve peace by prioritizing win-win solutions, and emphasizing that the victims' losses are replaced and the victims forgive the perpetrators of the crime in condition that is committed with the value of the evidence or the value of the loss caused by the crime of not more than 2.5 million rupiah. Referring to the principle of fast, simple, and low-cost justice, RAG Number 15 of 2020 has been accommodated for settlement through an out-of-court process, namely a peace process between the victim and the perpetrator. The peace process is carried out by the parties voluntarily, with deliberation for consensus, without pressure, coercion, and intimidation. In the peace process, the Public Prosecutor acts as a facilitator, which means that he has no interest or connection with the case, the victim, or the suspect, either personally or professionally, directly or indirectly.
CHILD PROTECTION IN INDONESIA IN THE PERSPECTIVE OF NATIONAL LAW AND ISLAMIC LAW Madnur Madnur; M. Nurul Irfan
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8111

Abstract

This qualitative research discusses child protection in terms of regulations in force in Indonesia and Islamic law. Child protection is a particular discussion because it is an integral part of the nation; protecting children means protecting the nation's generation. In Indonesia itself, there are various formulations of laws and regulations that regulate child protection. Meanwhile, efforts to protect children in Islamic law are part of implementing maqasid sharia, which upholds human values. To realize this, severe sanctions have been stipulated in national and Islamic law for perpetrators of acts of violence against children, aiming to provide a deterrent and deterrent effect on perpetrators of child crimes. However, these sanctions are still being debated in the community. Regardless of all that, efforts to guarantee child protection in preventing violence against children must continue whenever and wherever.
ANTI-DUMPING MEASURE AS TRADE REMEDY: THE DOMINATION OF INTERNATIONAL TRADE DISPUTES Gita Venolita Valentina Gea
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7646

Abstract

WTO as the only international organization in the scope of public international trade also governs on dumping which found both on the GATT and Anti Dumping Agreement (ADA). Anti-dumping measures may applied as a trade remedy by a state member against other state member accused for practicing dumping. However, former research found that the number of trade disputes before the DSB WTO were mostly caused by anti-dumping measures and turned out that those measures were violating the regulations. This research aims to figure out on how does anti-dumping measures contribute on the escalation and domination of the international trade disputes. Findings from this research shows that before imposing an anti-dumping measure, the state members may determine the practice of dumping practice. The determination is self-claimed under the national authority and later the state may impose temporary anti-dumping measures. After complaints filed to the DSB WTO by the accused state, it is often proved that no dumping practice was ever carried out and the anti-dumping measures turned out to be a violation. This one-sided claim with no third party to re-examine and give approval, may cause further injuries and disrupts the climate of international trade. Hence, the WTO needs to play its role on figuring out and providing a new way out.
THE DEVELOPMENT AND STANDARDIZATION OF COVID-19 EXAMINATION LABORATORY: EFFECTIVITY AND CHALLENGES Zulhirdan Siregar; Lu Sudirman; Rufinus Hotmaulana Hutauruk
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8288

Abstract

Thorough COVID-19 pandemic considered done in Indonesia, In terms of surveillance and detection, countermeasures are carried out by examining COVID-19 specimens by the network of COVID-19 examination laboratories. The gold standard for COVID-19 examination is to carry out an RT-PCR (Real Time Polymerase Chain Reaction) test from samples taken with nasopharyngeal and oropharyngeal swabs. Batam City so far has had several laboratories for examining COVID-19 specimens that examined COVID-19 specimens with the RT-PCR test. The number of positive COVID-19 in Batam City until April 18, 2022 was 30,960 people obtained from the results of examinations by the COVID-19 examining laboratory. Arrangements are needed to ensure that all laboratories that carry out testing of COVID-19 specimens have standards and work in maximum capacity so that fast and valid COVID-19 specimen examination results are obtained. This study analyzes the effectiveness of the Decree of the Minister of Health (Kepmenkes) of the Republic of Indonesia Number HK.01.07/MENKES/4642/2021 concerning the Implementation of the Corona Virus Disease 2019 (COVID-19) Examination Laboratory in the development of the COVID-19 examination laboratory in Batam City. Laboratory development is carried out by the Environmental Health and Disease Control Engineering Center (BTKLPP) Class I Batam. This study uses an empirical juridical method with a qualitative approach using secondary data. From the results of the research carried out, it was found that to get fast and valid results, the laboratory for examining COVID-19 specimens must have a standard that is a reference which refers to the Decree of the Minister of Health (Kepmenkes) RI Number HK.01.07/MENKES/4642/2021 concerning Organizing the Corona Virus Disease 2019 (COVID-19) Examination Laboratory and supervisory laboratory in carrying out guidance and supervision of the implementation of the examination of COVID-19 specimens in each of the laboratories for examining COVID-19 specimens in Batam City.

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