Journal International of Officium Nobile
Journal International of Officium Nobile is a scientific journal intended to grow into a reputable national and international publication. This journal focuses on publishing scholarly articles in the fields of social sciences, education, technology, and public policy. JION views these disciplines as interconnected fields that influence various dimensions of social development, governance, innovation, and public welfare – both locally and globally. The journal provides space for critical and interdisciplinary studies that analyse theory, practice, and policy implications in real-world contexts. The development and publication of JION involve contributions from a wide range of stakeholders, including academics, researchers, educators, policymakers, practitioners, and community leaders, particularly those engaged in transformative work in Indonesia and Southeast Asia. The journal is established and managed by Publisher Pandecta Research, an academic institution committed to advancing science and knowledge for society. JION is managed using the Open Journal System (OJS), ensuring transparency, accessibility, and adherence to national and international academic publishing standards. This journal is published thrice a year (in February, June and October) and provides open-access content under a peer-reviewed system to promote wide dissemination and scholarly engagement. E-ISSN: []
Procedures for Recalling Political Party Members in the Bengkalis Regency Regional People's Representative Council for the 2019-2024 Period
This study discusses the recall procedure for political party members in the Bengkalis Regency Regional People's Representative Council (DPRD) for the 2019–2024 period and its regulatory implications for the independence of DPRD members. Recall, known in legislation as Interim Dismissal (PAW), is the authority of political parties to recall council members before the end of their term of office. This mechanism is regulated in Law Number 27 of 2009 concerning the MPR, DPR, DPD, and DPRD and Law Number 2 of 2008 in conjunction with Law Number 2 of 2011 concerning political parties. This study uses a normative juridical method with a descriptive analytical approach, namely analysing applicable laws and regulations and secondary data from various legal literature. The research results show that the recall procedure in the Bengkalis Regency DPRD still faces fundamental problems. The recall process takes a long time and tends to be dominated by internal party interests, thus creating legal uncertainty and weakening the principle of popular sovereignty. The supremacy of political parties in the implementation of recalls shifts the meaning of people's representation in parliament. There are three important implications of the recall mechanism: first, it reduces the independence of DPRD members in carrying out legislative, oversight, and budgetary functions; second, it opens up room for arbitrary political parties that are often based on subjective interests and internal conflicts; third, it has a negative impact on the quality of democracy because elected representatives can be dismissed not based on the aspirations of voters but on party decisions. Thus, it is necessary to reformulate recall regulations to be more in line with the principles of due process of law and public participation, so that the people's sovereign rights remain guaranteed without denying the supremacy of law in Indonesia's democratic system.
Bengkalis DPRD; Political Parties; Recall Procedure
Copyright (c) 2026 Journal International of Officium Nobile
Legal Protection For Communities Regarding Ownership and Utilization of Property Rights Based on Presidential Instruction No. 5 of 2019 on The Cessation of New Permits and Improvement of Primary Natural Forest and Peatland Governance
Presidential Instruction Number 5 of 2019 concerning the Cessation of the Issuance of New Permits and Improvement of the Governance of Primary Natural Forests and Peatlands aims to protect forest ecosystems and peatlands from further degradation. However, this policy has significantly impacted property ownership and utilisation rights, particularly in the Kepulauan Meranti Regency. Many lands that have been traditionally managed by local communities are included in the Indicative Map of Cessation of Issuance of New Permits (PIPPIB), creating legal uncertainty for landowners. The research problem in this study focuses on how legal protection is provided for communities regarding property ownership and utilisation rights based on Instruksi Presiden Nomor 5 Tahun 2019, as well as how the policy is implemented in Kepulauan Meranti Regency. The study employs normative legal research with a descriptive-analytical approach. The data used consists of primary, secondary, and tertiary legal sources. The findings indicate that the moratorium policy on new permits has affected land ownership rights, business permits, and community economic activities. Additionally, discrepancies between the indicative map and actual conditions on the ground have led to many certified lands being declared within the moratorium area, restricting communities' access to agrarian and economic rights. The government needs to re-evaluate the indicative map, ensure legal clarity regarding land ownership status, and enhance coordination between central and regional governments in implementing this policy. Furthermore, sustainable land utilisation alternatives should be provided for affected communities to balance environmental conservation with economic well-being.
Forest Governance; Legal Protection; Peatlands
Legal Analysis of the Decision of the Constitutional Court's Honorary Council Number 2/MKMK/L/11/2023 Concerning Violations of the Code of Ethics of Constitutional Court Judges
The Constitutional Court (MK) is a constitutional guardian institution with the primary authority to review laws against the 1945 Constitution. However, the MK's independence has come under scrutiny after Chief Justice Anwar Usman was found guilty of a serious ethical violation in MK Decision Number 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates. This case was examined through the decision of the Constitutional Court's Honorary Council (MKMK) Number 2/MKMK/L/11/2023, which is the focus of this research study. The problem formulation studied is the MKMK's legal considerations in deciding the ethical violation case and its implications for the validity of MK Decision Number 90/PUU-XXI/2023. This research uses a normative or doctrinal legal method with a library study approach that examines primary and secondary legal materials. The analysis shows that the Constitutional Court (MKMK), in its considerations, affirms the finality of the Constitutional Court's decision but ignores flaws in the decision-making process that have been proved to violate the code of ethics, such as conflicts of interest, intervention by other judges, and leaks of information from the Judges' Deliberation Meeting (RPH). These violations violate the principles of impartiality, independence, and integrity of constitutional judges. The implications of the MKMK ruling indicate that this ethical violation undermines the legitimacy of Constitutional Court Decision No. 90/PUU-XXI/2023 and erodes public trust in the constitutional courts. This situation creates a negative precedent for internal oversight of judges and emphasises the need for fundamental reforms in the constitutional court system, particularly through strengthening oversight mechanisms, enforcing discipline, and strengthening judicial professionalism. Therefore, this study emphasises the importance of striking a balance between the finality of decisions and ethical accountability to maintain the credibility of the Constitutional Court as a guardian of the constitution and a pillar of the rule of law.
Constitutional Court; Judicial Independence; Violation of the Code of Ethics
Legal Review of the Decision of the Natuna District Court Number: 17/Pid.B/2023/PN NTN in the Case of Criminal Acts of Document Forgery
Criminal acts of document forgery have caused significant harm to society. The actions of law enforcement agencies, particularly the police, appear to be ineffective and incomplete in following up on criminal acts of forgery, especially document forgery. There are still many cases of forgery occurring in social life and within society. The losses are incalculable due to the prevalence of forgery. Court rulings do not deter perpetrators. Law enforcement agencies, together with relevant institutions, such as the police, should handle the issue of document forgery with criminal laboratory examinations that regulate the procedures and documents used as evidence and comparisons in order to obtain valid documents. This is the sole authority of the police based on the Regulation of the Chief of the Indonesian National Police Number 10 of 2009 concerning Procedures and Requirements for Requesting Technical Criminal Examinations of Crime Scenes and Forensic Laboratory Examination of Evidence to the Forensic Laboratory of the Indonesian National Police. Judges in handing down verdicts should reflect the values of justice and prioritise legal certainty in the verdicts they deliver. Judges must explore the values within society when deciding cases. In addition, judges must also assess the evidence and facts of the trial accurately and wisely. The main issue in this study is how the process of proving criminal document forgery is based on forensic examination and what are the legal considerations of the judge in handing down Decision Number 17/PID. B/2023/PN NTN in the case of criminal document forgery. The research method used in this study is normative law research, which describes the Legal Review of Natuna District Court Decision Number 17/PID. B/2023/PN NTN in the Case of Criminal Forgery. The results of this research and discussion found that the process of proving criminal acts of document forgery based on forensic examination by the Riau Regional Police Forensic Laboratory (Polda Riau) is not in accordance with the Regulation of the Chief of the Indonesian National Police Number 10 of 2009 concerning Procedures and Requirements for Requesting Technical Criminalistics Examination of Crime Scenes and Criminalistics Laboratory Examination of Evidence to the Indonesian National Police Forensic Laboratory and the legal considerations of the judge in issuing Decision Number 17/PID. B/2023/PN.NTN in the case of criminal forgery of documents has legal and nonlegal considerations. Legal considerations include the public prosecutor's indictment, the defendant's testimony, witness testimony, evidence, and the articles that have been fulfilled. Non-legal considerations consist of the defendant's background, the consequences of the defendant's actions, and the defendant's personal circumstances.
Court Decisions, Criminal Acts, Document Forgery, Legal Review
Copyright (c) 2025 Journal International of Officium Nobile
Legal Analysis of the Position of Separatist Creditors Regarding Workers' Wages in Bankruptcy Reviewed from Law Number 37 of 2004
The position of secured creditors in bankruptcy often raises issues regarding the protection of workers' wages. Secured creditors, as holders of material collateral rights, based on Article 55, paragraph (1) of Law Number 37 of 2004 concerning bankruptcy, have the right to execute their collateral as if bankruptcy had not occurred. On the other hand, workers have the right to wages as a constitutional right and a basic right to maintain a living. However, practice shows that workers' wages are often disregarded because they only stand as general preferred creditors whose payments are made after those of secured creditors. This creates a conflict with the provisions of Law Number 13 of 2003 concerning manpower and Law Number 6 of 2023 concerning job creation, which stipulate that workers' wages must be paid first. The study aims to analyse the legal position of workers' wages in bankruptcy cases against secured creditors and examine the judge's considerations in determining this position. The research method used is normative legal research with a descriptive approach, through a review of legislation, court decisions, and the doctrines of legal experts. Research results show that workers' wages should be paid in priority over those of separatist creditors, as stated in Constitutional Court Decision Number 67/PUU-XI/2013, which prioritises workers' wages over separate claims. The judge's considerations are based on the principles of legal protection, the principle of justice, and the constitutional guarantee of Article 28D paragraph (2) of the 1945 Constitution. However, in practice, the application of this rule still creates a conflict of legal certainty between the interests of separatist creditors and workers' rights. Therefore, it is necessary to synchronise bankruptcy regulations with labour law so that the protection of workers' rights can be effectively guaranteed.
Bankruptcy, Secured Creditors, Workers' Wages
Legal Analysis of the Role of the Tanjungpinang District Attorney's Office in Carrying Out Law Enforcement Efforts to Return State Finances from Corruption Crimes Committed by Convicts
Corruption in Indonesia is an extraordinary crime that causes significant losses to state finances. Law enforcement in recovering state losses is a primary focus, with the prosecutor's office playing a crucial role as investigator, prosecutor, and enforcer of judges' decisions. This study aims to analyse the role of the Tanjungpinang District Attorney's Office in recovering state losses from corruption and to identify obstacles encountered in the process. The research method used is an observational approach with a field survey through in-depth interviews and descriptive-analytical data analysis with an inductive conclusion-drawing pattern. The results show that the Tanjungpinang District Attorney's Office plays a significant role in recovering state losses through a mechanism for paying compensation by convicts, as in case No. 05/Pid.Sus-TPK/2019/PN.TPG, where the restitution is carried out in stages until it is fully paid and deposited into a state account. However, the implementation of this role is not free from various obstacles, including legal factors, limited facilities and infrastructure, obstacles to the community's legal culture, and difficulties in asset tracking because most of the convict's assets are transferred to other parties. These findings indicate the need for strengthened regulations, increased capacity of officials, and cross-institutional collaboration to support the effective recovery of state funds from corruption. Therefore, the role of the prosecutor's office is not only strategic in law enforcement but also crucial for efforts to recover state losses and maintain the integrity of the public financial system.
Corruption crimes, Prosecutor's Office, Return of state finances
The Position of Daughters in the Inheritance of Wealth in the Nias Community, Somambawa District, South Nias Regency
This study examines the position of daughters in inheritance of wealth in the Nias community in Somambawa District, South Nias Regency, North Sumatra Province. In the Nias customary law tradition, inheritance adheres to a patrilineal system, where inheritance rights are drawn only from the paternal line so that sons are fully entitled to the inheritance of their parents, while daughters in principle do not receive a share. This situation differs from the provisions of civil law (BW), which places men and women in equal positions as heirs. The purpose of this study is to determine the implementation of inheritance distribution in the Somambawa community, analyse the position of daughters in the Nias customary inheritance system, and identify the factors behind the community's continued adherence to this custom. The research method used is a sociological-juridical descriptive method through direct interviews with respondents determined by purposive sampling. The results of the study indicate that the Somambawa community prefers to use Nias customary law over civil law in the distribution of inheritance because the patrilineal system is considered more appropriate to their social values ​​and family structure. Daughters only receive a share limited to the agreement or compassion of their brothers, without any customary legal obligation to provide it. The main factors influencing this choice are the orientation of inheritance to sons, patrilineal marriage patterns, and cultural values ​​that are still strongly held by the community. Thus, it can be concluded that the position of girls in Nias' customary inheritance in Somambawa District is very weak compared to boys', and this shows a fundamental difference with the provisions of civil law that apply nationally.
Customary inheritance law, inheritance, Nias society.
Protection of the Talang Mamak Customary Law Community in the Creative Economy Sector in Facing Opportunities and Challenges from the ASEAN Economic Community
The ASEAN Economic Community (AEC) presents significant opportunities and challenges for Indonesia in the areas of trade, investment, and employment. One sector significantly impacted is the creative economy, which is closely linked to cultural preservation and the empowerment of Indigenous communities. This study highlights the Talang Mamak indigenous community in Indragiri Hulu Regency, Riau, which has the potential for a tradition-based creative economy, such as Kenduri Talang Mamak, Gawai Gedang, and various traditional arts. These cultural activities serve as creative economic assets as well as intangible cultural heritage that need legal protection to remain competitive in the era of regional economic integration. The main problem of this research covers the legal regulations related to the protection of indigenous legal communities in developing the creative economy amidst the dynamics of the ASEAN Economic Community (AEC), as well as the effectiveness of legislation regarding the creative economy in providing real protection for the Talang Mamak indigenous legal community. The research uses a juridical-sociological approach with observation methods and the distribution of questionnaires to 30 respondents from the Talang Mamak community. Analysis is conducted by examining the relationship between empirical data and the theory of legal validity, the theory of justice, and the principles of human rights. The research results show that despite the existence of legal instruments such as Law Number 24 of 2019 concerning the Creative Economy and its implementing regulations, the implementation of protection for indigenous peoples remains partial. For the Talang Mamak creative economy to develop optimally, strengthening specific regulations and cross-sector collaboration is necessary. Therefore, appropriate legal arrangements can be a strategic instrument in increasing the competitiveness of the indigenous peoples' creative economy amidst the opportunities and challenges of the ASEAN Economic Community (AEC).
Customary Law Communities, Legal Protection, Talang Mamak
Implementation of Law Number 22 of 2009 concerning Traffic and Road Transportation Regarding the Safety of People and Goods on Public Transportation in Rokan Hulu Regency in 2022 - 2024
Safety in public transportation is a crucial aspect that must be considered to protect passengers and goods. Law Number 22 of 2009 concerning Road Traffic and Transportation aims to create a safe, orderly, and efficient transportation system. Implementation of this regulation is expected to improve safety standards in public transportation, particularly in preventing accidents and ensuring vehicles operate in roadworthy condition. However, in Rokan Hulu Regency, the implementation of this law still faces various obstacles that affect its effectiveness in improving transportation safety. The formulation of the problem in this study is how the implementation of Law Number 22 of 2009 concerning Traffic and Road Transportation is related to the safety of people and goods on public transportation in Rokan Hulu Regency 2022-2024 and what the inhibiting factors are in the implementation of Law Number 22 of 2009 concerning Traffic and Road Transportation regarding the safety of people and goods on public transportation in Rokan Hulu Regency 2022-2024. This type of research uses sociological or empirical legal research. Judging by its type, this research falls into the observational research category, using interviews as data or information. The research results show that the implementation of this law has not been optimal due to several key inhibiting factors. Inadequate road infrastructure, such as damaged roads and a lack of supporting facilities, is a major obstacle to creating safe transportation. Furthermore, low driver awareness and discipline regarding traffic regulations, including speed limit violations and exceeding working hours, also increases the risk of accidents. Lack of supervision and suboptimal law enforcement also results in the continued operation of unroadworthy vehicles. From a policy perspective, coordination between relevant agencies still needs to be strengthened, particularly in monitoring and improving the transportation system. Lack of outreach and education to the public and public transport drivers also poses a challenge in implementing this regulation. Therefore, steps such as infrastructure improvements, stricter supervision, policy strengthening, and ongoing education are needed to improve traffic safety and the effectiveness of the implementation of this law in Rokan Hulu Regency.
Road Transportation, Rokan Hulu Regency, Traffic
Implementation of Bawaslu's Duties and Authorities in Resolving 2024 Election Violations in Indragiri Hulu Regency
Implementation of Bawaslu's Duties and Authorities in Resolving 2024 Election Violations in Indragiri Hulu Regency. The main problem in this study is how Bawaslu implemented its duties and authorities in resolving 2024 election violations in Indragiri Hulu Regency and what obstacles Bawaslu faced in resolving 2024 election violations in Indragiri Hulu Regency. This research uses an empirical research method, namely a legal research method that functions to see the law in a real sense and examine how the law works in the community environment. The results of the study can conclude that in carrying out the duties and authorities of Bawaslu in resolving violations of the 2024 election in Indragiri Hulu Regency, namely preventing and taking action against election violations, supervising the implementation of the stages of election administration, resolving election process disputes and conducting evaluations of election administration supervision, there are significant challenges. There are 8 forms of alleged violations encountered by Bawaslu, namely, 6 reports were stopped, 1 finding was followed up, and 1 finding was stopped (SP3). Bawaslu's resolution of election violations is carried out in accordance with the mechanisms regulated in Law No. 7/2017 concerning elections, whose process includes several stages for each type of violation by supervising and ensuring that all processes run fairly and in accordance with the law. Bawaslu's obstacle in resolving 2024 election violations in Indragiri Hulu Regency is the limited personnel of the Gakkumdu Center. While the number of cases to be handled is quite large, Bawaslu, in the process of receiving reports, must be accompanied by other agencies such as the Prosecutor's Office so that from the beginning there is an understanding and the report meets the elements of an election crime, insufficient time to handle election violations, obstacles when handling ASN neutrality, a limited budget, difficulty completing evidence, weak enforcement of sanctions and low public participation in reporting violations and other obstacles such as areas that are too remote, extreme location access and the lack of a special courtroom. Based on 8 forms of alleged violations, including 6 reports and 2 findings found, only 1 finding was followed up, namely the case of violation of ASN neutrality (Number 001/Reg/TM/PL/Kab/04.05/III/2023) was followed up because it was proven to violate the provisions of ASN neutrality. This report was decided directly by Bawaslu by bringing the reported party to the process of being followed up by KASN; this is an obstacle for Bawaslu when handling ASN neutrality.
Legal Analysis of the Fulfillment of Workers' Rights and Obligations Without an Employment Contract in Sole Proprietorships Based on the Employment Law (Case Study in Pekanbaru City in 2024)
An oral employment agreement is an employment relationship made without the signing of an employment agreement. An oral employment agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. Of the various existing regulations, there is no prohibition on the practice of oral employment agreements as long as the valid conditions of the agreement stated in Article 1601 (a) of the Civil Code are met. In the world of business, an oral employment agreement can be a practical option that remains valid and binding. The main problem in this research is how to analyse the legal aspects of the fulfilment of workers' rights and obligations without an employment contract in a sole proprietorship and what the obstacles and barriers are in the implementation of the fulfilment of workers' rights and obligations without an employment contract in a sole proprietorship based on the Employment Law. The research method, based on the type and nature of the research, is empirical law, namely observational research using a survey. It is descriptive in nature, namely, describing the legal analysis of the fulfilment of workers' rights and obligations without an employment contract in individual trading businesses based on employment law, with data and data sources consisting of primary legal materials and secondary legal materials. The results of this research and discussion address two issues: employment law and employment contracts. Although employment relationships without written contracts are common in sole proprietorships, this does not diminish employers' obligation to continue to fulfil workers' rights as stipulated in the Job Creation Law, particularly those related to social protection and worker welfare.
Rights and Obligations, Labor, Workers/Laborers, Business Enterprise
Legal Review of the Investigation of Human Trafficking Crimes by a Baby Selling Syndicate in the Jurisdiction of the Pekanbaru Police
Rising economic needs and weakening social conditions have triggered an increase in crime, one of which is human trafficking (TPPO). The phenomenon of baby selling syndicates using illegal adoption as a method is a serious problem that requires strict law enforcement. Law Number 21 of 2007 concerning the Eradication of Human Trafficking Crimes provides a formal and material legal basis for prosecuting perpetrators, but implementation in the field faces various obstacles. This study aims to analyze law enforcement in the process of investigating TPPO cases by baby selling syndicates in the jurisdiction of the Pekanbaru Police and identify the inhibiting factors. The type of research used is sociological juridical, with a law-in-action approach through literature studies, interviews, and concrete case analysis. The results of the study indicate that the investigation of the baby selling case in Pekanbaru was carried out based on Article 2 of Law No. 21 of 2007 concerning Human Trafficking and Article 83 in conjunction with Article 76F of Law No. 35 of 2014 concerning Child Protection, with a maximum penalty of 15 years in prison. Adoption practices that do not comply with legal procedures are proven to be a form of illegal baby trafficking. The main obstacles to the investigation include fragmented syndicates, victims' lack of knowledge regarding legal rights, intimidation from perpetrators, limited budgets for handling human trafficking, and inadequate numbers and capacities of police personnel. This research emphasizes the importance of synergy between law enforcement officials and strengthening institutional capacity to increase the effectiveness of human trafficking eradication. Furthermore, broader legal outreach is needed for the public so that potential victims can protect themselves from baby trafficking practices.
Analysis of the Constitutional Court's Decision Regarding the Age Limit for Presidential and Vice-Presidential Candidates in Connection with the Principle of Nemo Judex in Causa Sua
The purpose of this thesis research is to examine the violation of the principle of Nemo Judex in Causa Sua. The principle of Nemo Judex in Causa Sua by Constitutional Court Judges in Constitutional Court Decision Number 90/PUU-XXI/2023. The research method used in this study is normative juridical research. The approach employed is a legislative approach and a literature study. The data collection tools used are primary, secondary, and tertiary legal materials. The data collection procedure is a document study. The data analysis used is qualitative analysis. The results of the study indicate that there was a violation of the Principle of Nemo Judex In Causa Sua in the determination of the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the age limit for Presidential and Vice-Presidential Candidates set by the Constitutional Court. As a Constitutional Court judge, Anwar Usman should have realized that the Constitutional Court Decision Number 90/PUU-XXI/2023 would have an impact on himself and his family. Therefore, as a Constitutional Court judge, he should have resigned in accordance with the Principle of Nemo Judex In Causa Sua, which is one of the fundamental principles in case handling. The application of this principle is very important to ensure that the decision can be reached fairly and without any intervention. The Constitutional Court Decision Number 90/PUU-XXI/2023 is a final and binding decision. Although the decision is final and immediately effective, the Constitutional Court can still be declared "invalid and has no legal force", due to the fact that the decision was not read out in public.
Legal Review of Adoption According to Islamic Law in Connection with Legal Certainty
Adoption is a legal act where a husband and wife take a child who is not their biological child to be adopted with the aim of providing protection, affection and responsibility as a biological child. One example of the practice of child adoption is the application submitted by an Indonesian citizen in case 02/Pdt.P/2011/PA.Pbr. This study was conducted to see how the procedure for child adoption in Indonesia, especially within the scope of practice of the Religious Court and what considerations the judges took in deciding the case 02/Pdt.P/2011/PA.Pbr. This study is a normative legal study by studying the case file Number 02/Pdt.P/2011/PA.Pbr, while the nature of this study is descriptive, namely a study that provides data as accurately as possible about the conditions or symptoms that can help in strengthening new theories. In addition, the author also conducted interviews with the Panel of Judges who handled the case to complete the research. The results of the study show that from the decision 02/Pdt.P/2011/PA.Pbr where the applicants withdrew their application because the child's uncle wanted to care for the child so that the applicants gave the uncle the opportunity to care for the child, the judge considered the applicants who had been present and of their own accord withdrew their application which read, today, Thursday, February 10, 2011 I, the applicants, of my own accord, withdraw my registered lawsuit so that the judge determined the withdrawal of the application. While in another case, namely case number 154/Pdt.P/2024/PA.Pbr, the judge took into account the strong desire of the applicants to care for him, and for the sake of the child's future, the matter was discussed and tried. The results of the deliberation then determined that the responsibility for the interests and welfare of the child shifted to the responsibility of the applicants.
Consumer And Business Actors Protection: Implementation of Law No. 8 Of 1999 On Consumer Protection
The implementation of Law Number 8 of 1999 concerning Consumer Protection has an important meaning for the Unitary State of the Republic of Indonesia, especially in relation to the interests of consumers who are often in a vulnerable position in the provision of goods and services. The need for this legal protection is emphasized in the author's research which specifically examines consumer protection in the context of the eSaF framework. Any form of non-conformity in a product or its components can give rise to legal liability for business entities towards their consumers. This study uses a normative legal research framework, utilizing three different approaches, namely the literature approach, the case approach, and the observation approach. The legal sources analyzed are primary legal sources, including laws and regulations, secondary sources, such as books and scientific journals and tertiary sources, represented by legal dictionaries. The collection of legal materials is carried out through the methodology of literature review (bibliographic study) and online data collection (internet research). Analysis of legal materials is carried out using legal material reduction techniques and legal material analysis. The results of this study indicate that in its implementation AHM has taken action to overcome this by forming a team together with the government to find the problem points, although it did not produce the output desired by Honda consumers. PT. AHM has demonstrated its commitment to consumer protection by offering a five-year frame warranty, 24-hour complaint service, and the ability to offer free visits to AHASS workshops for consumers who experience problems with the eSaF frame. The obstacles experienced are the lack of strong data to address the problem, which is still in its early stages and does not yet have a comprehensive solution. This results in ineffective solutions and has a negative impact on consumers. Incomplete investigations also hinder manufacturers from implementing necessary improvements. A complex problem-solving process is essential to prevent further legal problems and reduce the risk of financial loss.
Law Enforcement Against Perpetrators of Online Gambling Crimes According to Article 27 Paragraph (2) of Law Number 1 of 2024 Concerning Electronic Information and Transactions in the Mandau Police Jurisdiction
As times change, gambling is no longer conventional, but now uses information and communication technology systems such as the internet and social media in the form of online games. Online gamblers can be punished under Article 27 Paragraph (2) in conjunction with Law Number 1 of 2024 concerning Electronic Information and Transactions. In this study, the method used is sociological legal research or observational research in the form of a survey. Observational research is a data collection technique in which researchers directly observe the research object to closely examine the activities carried out. In terms of its nature, it is descriptive and analytical, meaning that the author attempts to provide a complete, detailed, and clear picture of the reality regarding the enforcement of criminal law against online gambling crimes in the jurisdiction of the Mandau Police Station. The study results show that in the Mandau Police jurisdiction, many people have accessed the Higgs domino online gambling application, ranging from children, teenagers, students, and even parents. Over the past three years (2020-2023), there have been 19 cases handled regarding online gambling on Higgs Domino, and to date, the number continues to increase. The eradication of online gambling in the Mandau Police jurisdiction has not been effective due to the lack of clear regulations on online gambling offenses and minimal law enforcement facilities. The increase in online gambling cases is caused by several factors that hinder the police in handling online gambling cases in the Mandau Police jurisdiction, including: human resources, facilities and infrastructure, weaknesses in Law No. 11 of 2008 concerning Electronic Information and Transactions, availability of personnel, the placement of servers in countries where gambling is legal, perpetrators fleeing, the use of Virtual Private Networks (VPNs), the lack of public awareness about the dangers of online gambling, and the difficulty in obtaining evidence.
A Legal Analysis of Legal Protection for Consumers Regarding the Withdrawal Process with Fiduciary Guarantee
This study aims to analyze legal protection for consumers in the process of withdrawing fiduciary collateral in Pekanbaru City during 2023-2024. The background to this research is based on the increasing number of legal issues faced by consumers related to the unilateral withdrawal of fiduciary collateral by creditors. In many cases, consumers are often in a vulnerable position and do not receive adequate legal protection. This situation raises concerns about legal uncertainty, especially in the Pekanbaru area, which has experienced an increase in credit activity with fiduciary collateral. This phenomenon raises concerns regarding the low level of protection for consumers, particularly regarding their rights, which are often neglected in the process of withdrawing fiduciary collateral. This research has a main problem that will be discussed, namely, the implementation of legal protection for consumers in the process of withdrawing fiduciary guarantees and the obstacles faced by consumers in obtaining legal protection, and the purpose of this research is the same as the formulation of the main problem, namely to find out the results of the problem formulation made by the author. This legal research is a type of sociological empirical legal research. This type of research method is intended to solve current problems by collecting data, compiling or classifying it, then analyzing and observing legal realities within society to obtain results. The research results show that although regulations related to fiduciary guarantees are stipulated in Law Number 42 of 1999, their implementation in the field often does not comply with applicable legal procedures. Many creditors carry out unilateral withdrawals without going through the courts, resulting in losses for consumers. Obstacles faced by consumers in obtaining legal protection include a lack of legal awareness among consumers and weak law enforcement by relevant authorities. This study recommends the need for more intensive outreach regarding consumer rights and increased capacity of law enforcement agencies to handle cases involving fiduciary guarantees. This research also highlights the importance of synergy between law enforcement agencies, creditors, and consumers in creating fair and transparent legal certainty. This collaborative approach is expected to minimize conflicts arising from the withdrawal of fiduciary guarantees and ensure that consumer rights are effectively protected.
Juridical Analysis of Judicial Review as a Legal Effort in Fighting for the Rights of Narcotics Convicts
In general terms, narcotics are defined as types of drugs derived from natural, synthetic, or semi-synthetic substances that may cause decreased appetite, altered or impaired consciousness, relieve pain, and potentially lead to dependency. The criminal offence of narcotics abuse is regulated under Law Number 35 of 2009 concerning Narcotics. the impact of punishment for narcotics crimes includes severe punishment and the death penalty. narcotics and liquor crimes must indeed be eradicated and are not the task of the security forces alone but the task of the entire community. Pursuant to the provisions of the 1945 Constitution (UUD 1945), Article 28D paragraph (1) stipulates that every person has the right to recognition, guarantees, protection, and certainty of fair law, as well as equal treatment before the law. The primary issue examined in this normative legal research concerns the process of judicial review (Peninjauan Kembali, PK) as a legal remedy in upholding the rights of narcotics convicts, and the extent of legal protection afforded through judicial review to narcotics convicts in Rokan Hilir. In conducting research, the author uses Normative Legal research methods, namely by examining / literature or secondary data, primary data in this study in addition to examining related legislation by using book literature related to criminal acts of narcotics abuse. while the nature is descriptive analytical, namely the author provides a detailed description of the juridical analysis of judicial review as a legal effort in fighting for the rights of convicted narcotics (Study of Supreme Court Decision No. 1004 PK/PID.SUS/2022 of Rokan Hilir District Court): 1004 PK/PID.SUS/2022 Rokan Hilir District Court). And drawing research conclusions inductively or deductively according to the real conditions of the object of research.The findings of this study indicate that judicial review serves as a legal remedy for narcotics convicts seeking to assert their rights, with its implementation in the Rokan Hilir District Court exemplified by the case of Decision Number 1004 PK/Pid.Sus/2022 concerning the convict Raja Muddin alias Raja bin Baharuddin. The judicial review process in this case was carried out by referring to the provisions of Law Number 35 of 2009 on Narcotics, particularly Article 127 paragraph (1) letter a; Law Number 8 of 1981 on Criminal Procedure Law (KUHAP), specifically Article 266 paragraph (3); Law Number 48 of 2009 on Judicial Power; and Law Number 14 of 1985 on the Supreme Court as amended by Law Number 5 of 2004. As a result, the judicial review (PK) decision led to a reduction in the period of detention imposed on the convict.
Legal Protection Against Workers who are victims of termination of employment relationship at PT. RIAU ABDI SENTOS
Termination of employment (PHK) that occurs due to workers who experience severe illness for a long period of time. Layoffs that occur to workers of PT Riau Abdi Sentosa (RAS) in Pekanbaru where there is one worker who has worked for more than 10 years, but at one time the worker experienced severe illness that made him unable to carry out work activities as usual. So, how is the legal protection of workers who are victims of layoffs and how is the settlement of disputes against workers who are victims of layoffs at PT RAS (study of cassation decision number 2 K/Pdt.Sus-PHI/2023 Jo decision number 8/Pdt.Sus-PHI/2022/PN Pbr) based on PP No. 35 of 2021 concerning PKWT, Outsourcing, Working Time and Rest Time, and Layoffs. This research uses normative legal research methods by examining library materials, tracing literature related to the subject matter, while the nature of this research is descriptive analytical to provide a more thorough description and data regarding legal protection of workers. Data sources are primary, secondary, and tertiary legal materials, qualitative data analysis, namely analyzing by describing and then comparing data with laws and regulations or expert opinions. Next, the method of withdrawing data is carried out deductively, namely withdrawing from general matters to specific matters. The results of this study concluded that in the first level decision, the judge considered that the reason why the worker could not attend work to the company was true because of illness based on a doctor's certificate and evidence of requests for permission by workers to their superiors. Meanwhile, in the cassation level decision, the judge considered that the worker was proven to be absent since 31 May 2021, this was because the worker's sick certificate stating that he was hospitalized was from 3 June 2021 (vide evidence T-3). Because there is a time difference from May 31, 2021 to June 3, 2021, the elements of the worker having violated the Company Regulation are fulfilled.
Fulfilment of Child Support Rights After Divorce Based on System Interconnection
Divorce often negatively impacts children's rights, particularly in the fulfillment of their right to child support. The fulfillment of children's rights to child support after a divorce by a father is a serious problem in Indonesia today, even though the obligation to provide child support in a certain amount has been determined by the court. On the other hand, children are not yet able to protect themselves from various actions that cause mental, physical, and social harm in various areas of their lives. Children need protection and legal certainty. Even in the event of a divorce, children still have the right to meet and have regular contact with both parents, receive care, maintenance, and education for the growth and development process according to their abilities, talents, and interests, and receive living expenses and other children's rights. The main problem in this study is a father's neglect in implementing the 2023 Siak Sri Indrapura Religious Court decision regarding the fulfillment of child support rights after divorce. This study aims to determine and analyze the extent to which a father implements the 2023 Siak Sri Indrapura Religious Court decision regarding the fulfillment of child support rights after divorce and the factors that influence it, as well as to implement the fulfillment of child support rights after divorce based on interconnected systems. This research is a descriptive analytical field study. It was conducted through direct communication with the research subjects to obtain data related to the implementation of the Siak Sri Indrapura Religious Court's 2023 decision regarding the fulfillment of child support rights after divorce. The results of this study indicate that based on the results of interviews with 64 respondents (former wives), in practice in Siak Regency in general a father has not fulfilled his obligation to provide child support rights after divorce due to various factors, including for civil servants and private employees. The factors that influence the failure to fulfill the right to child support after divorce by a father are due to the lack of communication between the father and the child and the reluctance to pay the right to child support, the ex-husband does not have a steady income, the ex-husband's whereabouts are no longer known and the ex-husband has remarried to another woman. The solution to this problem so that the fulfillment of the right to child support after divorce is carried out through the execution of court decisions by involving extrajudicial authorities, both law enforcement agencies, government agencies, the private sector and banking which is referred to as system interconnection.
Legal Review of Legal Protection for Capital Market Investors Against Insider Trading Practices at PT Jouska Financial Indonesia
The practice of insider trading in Indonesia is still considered difficult to implement due to the process of enforcing the law and implementing sanctions against perpetrators. The absence of regulations that provide legal protection for public investors1 for losses due to insider trading practices, leaving public investors often confused about what legal remedies they need to take to obtain justice for the immaterial losses they experience. This thesis research uses a sociological research method. The research problem formulation of this study is how the legal review of legal protection for capital market investors regarding insider trading practices in Indonesia and how the problems of proving insider trading and solutions for legal protection against insider trading practices to provide legal certainty for investors in Indonesia. The conclusion of this study is that the form of OJK legal protection for investors from insider trading practices in the capital market is regulated in Law Number 21 of 2011 (OJK Law) concerning the Financial Services Authority as a prevention and imposition of sanctions or action. In the preventive stage, OJK takes further steps such as granting securities permits with strict requirements, stopping the activities of parties who have the potential to harm the public, and providing consumer complaint services (Article 29 of the OJK Law). Repressive legal protection for investors from insider trading practices, meaning in the form of inspections, investigations, and the application of sanctions, namely the existence of administrative sanctions (Article 102 of the Capital Market Law), Criminal Sanctions (Articles 103-110 of the Capital Market Law), Civil compensation claims (Article 111 of the Capital Market Law). The Securities Investor Protection Fund is an institution established to protect investor assets in the capital market from losses caused by the risk of insider trading carried out by securities companies.
Analysis of the Implementation of the Employment Agreement Between Employees and the Company Regarding Overtime Wages (A Study at PT Asia Petrocom Services)
Regulations regarding employment agreements are stipulated in Law Number 11 of 2020 concerning Job Creation. One form of employment agreement is a fixed-term employment agreement (PKWT). PT. Asia Petrocom Services is one of the companies that employs its workers with fixed-term employment agreements. This company operates in the oil and gas (MIGAS) sector. Employing workers with fixed-term employment agreements (PKWT) has led some companies to abuse workers' rights. This occurs with workers with fixed-term employment agreements (PKWT) at PT. Asia Petrocom Services. The problem in this research is how the implementation of overtime wages in the Employment Agreement between Employees and PT. Asia Petrocom Services Based on Law Number 11 of 2020 concerning Job Creation in Bengkalis Regency and how supervision is carried out by the Manpower and Transmigration Office of Bengkalis Regency. Regarding the implementation of the employment agreement between employees and PT. Asia Petrocom Services based on Law Number 11 of 2020 concerning Job Creation in Bengkalis Regency. This type of research is observational research using direct field surveys to collect primary and secondary data obtained from respondents through questionnaires and interviews to be used as data/information as material for writing the research. The nature of the research is descriptive, providing a clear picture of the implementation of the work agreement between employees and PT. Asia Petrocom Services based on Law Number 11 of 2020 concerning Job Creation in Bengkalis Regency. The results of the author's research show that the implementation of fixed-term work agreements at PT. Asia Petrocom Services in Mandau District has not been realized properly, because it still conflicts with the applicable laws and regulations, such as the existence of working hours that are not in accordance with the applicable laws and regulations and the provision of salaries that are still below the UMK for workers with Fixed-Term Work Agreements (PKWT) due to the lack of efficient supervision carried out by the Manpower and Transmigration Office, resulting in many employers still violating the rules that have been explained in Law Number 11 of 2020 concerning Job Creation.
The Existence and Application of The Principle of Judge's Forgiveness (Rechterlijk Pardon/Judicial Pardon) In Criminal Law and Court Decisions
In the practice of criminal justice, judges sometimes find cases that are minor in nature and do not have a significant impact on society, which socially, are considered unnecessary for punishment, but are still punished because there is no regulation that authorizes judges to forgive these types of cases. The formulation of the problems in writing this thesis, namely; First, to understand the principle of judge forgiveness (rechterlijk pardon/judicial pardon) in criminal law and second, to understand the application of the principle of judge forgiveness in court decisions. This type of research is normative juridical, which emphasizes legal principles and legal comparisons. The data sources used include primary data, secondary data, and tertiary data. Data collection techniques using the literature study method. From the results of the problem research, there are two main things that can be concluded. First, that the principle of judge forgiveness (rechtelijk pardon/judicial pardon) is explicitly regulated in 2 (two) criminal law regulations although it is still not regulated comprehensively and completely. Second, that in court decisions made by judges, there are differences in the application of the principle of judge forgiveness (rechtelijk pardon/judicial pardon) and not all are in accordance with the formulation regulated in the criminal law. The author suggests, First, that the regulation regarding the concept of the principle of judge forgiveness (rechterlijk pardon/judicial pardon) be regulated more fully and comprehensively. Second, to encourage judges to be able to use the principle of judge forgiveness (rechterlijk pardon/judicial pardon) objectively and in accordance with the formulations stipulated in the criminal law that regulates it.
The Legal Mechanism for the Reversion of Limited Production Forest Areas Converted into Oil Palm Plantations by PT Arara Abadi under Law Number 6 of 2023 on Job Creation
The guidelines for determining forest areas in the Riau province are still based on the Decree of the Minister of Forestry Number 173/ktps–II of 1986 dated June 6, 1986, concerning the designation of forest areas in the Riau Province at the first level. The main issues in this study are the mechanism for the return of limited production forest areas by PT Arara Abadi that have been converted into oil palm plantations based on Law No. 6 of 2023 and the factors hindering the mechanism for the return of limited production forest areas by PT Arara Abadi that have been converted into oil palm plantations based on Law No. 6 of 2023. The research method used in this study is descriptive analytical observation. The approach method is qualitative analysis. The data sources in this study are primary and secondary data. The method of drawing conclusions in this study is deductive. The results of this study show that the mechanism for returning limited production forest areas by PT Arara Abadi, which have been converted into oil palm plantations based on Law Number 6 of 2023 concerning Job Creation, has not been implemented in terms of licensing mechanisms, the return of forest areas, and their utilization by the community. even though legal action has been taken in the district court, resulting in Decision Number 17/Pdt-G/LH/2023/PN Bkn. PT Arara Abadi must restore 180 hectares of forest planted with oil palms to its original status as Limited Production Forest. The factors hindering the return of the limited production forest area in Bencah Kelubi Village are the multiple legal interpretations by PT Arara Abadi, the difficulty of the return process due to the vast area of land, which requires a lot of money and security personnel, and the lack of implementation of duties and supervision by the Ministry of Forestry and the Forestry Service.
Legal Analysis of Legal Certainty of Oil Palm Plantation Development in Forest Areas in Pelalawan Regency
Legal certainty The status of community land must be confirmed to provide legal certainty for community land, the inclusion of indigenous community land in the company's business license results in losses for the community. Community constraints in the development of oil palm plantations on forest land in terms of supervising every business license or policy that will be issued, as well as the role of the government in responding to the large number of community lands in the Company's business licenses and administration, the need for synergy between the Central and Regional Governments so that the rules issued do not overlap and the need for the government to review directly to the object of the dispute.Every problem always causes losses to the community, but there are no legal efforts that can be made against these problems, if the Central, Regional and Company Governments and the community work together to resolve the subject matter in order to create legal certainty over the land. This research can be classified in the type of normative law research, because in this research the author directly conducts research at the location or place under study in order to provide a complete and clear picture of the problem under study. Palm Oil Plantation Development in Forest Areas is the existence of 92,701 hectares of Forest Areas out of 5,499,693 total forest areas in Riau Province. For generations, Indigenous Peoples have controlled customary land in Siak, Kampar and Pelalawan Regencies. and even before the existence of the Forestry Law enacted in Indonesia, obstacles in the implementation of the sustainability of oil palm plantations that are included in the forest area have caused a mismatch between the plantation location permit and the forest area, which complicates the sustainability of oil palm plantations.
Legal Certainty Toward Achieving the Principles of Effective, Efficient and Low Cost in Settling Religious Court Cases Based on Perma No. 7 of 2022 (Study in Siak District)
The E-Court and E-Litigation systems are a form of modernization in the justice system. Coupled with the covid-19 pandemic that multiplied the world, it forced people to change their habits in activities by utilizing technology more. However, the utilization of technology in the judiciary must also pay attention to the rights of the parties and must provide more benefits, especially in the aspects of efficiency, effectiveness and low cost. This research seeks to analyze the implementation of Perma No. 7 of 2022 in Siak Regency in an effective, efficient and low-cost judicial effort in the settlement of Religious Court cases from the perspective of Legal Sociology. This research is an empirical normative legal research. Normative-empirical legal research (applied law research) is legal research on the enactment or implementation of normative legal provisions (codification, laws, or contracts) in action on each specific legal event in society. The implementation in action is an empirical fact and is useful for achieving predetermined goals based on interviews with relevant parties. The result of the research is that the Siak Religious Court has implemented Perma No. 7 of 2022 and used the E-Court and E-Litigation systems so that the facilities and infrastructure of the Siak Religious Court have provided and based on informants from all parties (Plaintiff, Defendant, Advocate, Judge) agreed that the use of this electronic system provides more efficiency and effectiveness and costs less than offline trials. However, there are obstacles faced, namely for parties who live in remote places experiencing internet network interruptions and delays in file validation by officers. To overcome this, the Siak Religious Court provides direct service to the parties and delays or extends the trial time.
Effectiveness of Non-Litigation Bad Debt Settlement at Pematang Jaya Savings and Loan Unit in 2024
Savings and Loans Business by Pematang Jaya Village-Owned Enterprises is a form of business that provides credit to help members and the community who need capital to run their businesses. In this case, the Pematang Jaya Savings and Loans Unit in providing credit cannot be separated from the existence of arrears or what is better known as bad credit carried out by the borrower or beneficiary. The formulation of the problem in this study: 1) How is the Effectiveness of Non-litigation Settlement of Bad Debts in the Pematang Jaya Savings Unit 2) What Factors Cause Obstacles in the Settlement of Bad Debts in the Pematang Jaya Savings Unit. The type of research is by means of a survey, a study that takes samples from the population using interviews and questionnaires as primary data collection tools. The nature of descriptive research is to describe the current state of the subject or object of research based on the facts that appear as they are. In this study, the author took a sample of 10 debtors, of which 8 debtors (80%) had not completed their installments and 2 debtors (20%) had completed their installments. In addition, the credit agreement does not clearly state the procedures for implementing dispute resolution, so this refers to Law Number 30 of 1999 concerning arbitration and alternative dispute resolution outside the courts. Where in this case using a mediation method between debtors and creditors in its resolution by involving the village head as an advisor. In addition, the management of the Pematang Jaya Savings and Loans Unit also formed a collector team to assist in the resolution by visiting the debtor to provide a warning letter regarding the installments that must be paid and have matured or if not, the collateral will be confiscated by the Savings and Loans Unit.
Legal Analysis of Dismissal of State Civil Apparatus Found Guilty of Corruption in Relation to Justice and Human Rights
Law of the Unitary State of the Republic of Indonesia Number 5 of 2014 concerning State Civil Apparatus clearly explains that as state civil apparatus who uphold Pancasila and the 1945 Constitution whose duty is to serve the community, civil servants must be accountable for their actions and performance to the community. In this case, if a State Civil Apparatus commits a criminal act, then the State Civil Apparatus must be accountable for his actions to the public, namely by following the legal process and accepting dishonorable dismissal. The purpose of this study is to determine how the legal construction of the dismissal of state civil servants who are found guilty of committing corruption by a court decision is related to justice and human rights and whether the reasons for the dismissal of state civil servants who are found guilty of committing corruption by a court decision do not violate human rights. This research was conducted using the Normative Legal research method, meaning analyzing the relationship between applicable laws and regulations with legal theories and the practice of implementing positive law concerning the problems discussed. Dishonorable dismissal is a consequence received by ASN for committing a criminal act of corruption which is a crime in his position or authority. However, dishonorable dismissal must be based on the principles of justice that do not violate the basic rights of the ASN. One of them is a fair trial process in terms of process and substance.
Legal Dynamics in The Development of The Tourism Business World in Indonesia (A Study of Riau Province in 2024)
Tourism in Indonesia is regulated in Law Number 10 of 2009 concerning Tourism, which explains that tourism plays an important role in encouraging equity, providing business opportunities, and obtaining benefits, while facing the challenges of life changes at the local, national and global levels. Riau Province is one of the provinces in Indonesia that is rich in various local wisdom-based tourism products. Every tourist is entitled to legal protection from the government if they experience criminal acts, accidents, or losses while visiting Indonesia. The main problem discussed in this study is how the development and legal protection for tourism industry players in Indonesia. On the other hand, this study also discusses the dynamics of tourism law in Riau Province. In this study, the type of method used is a sociological legal study. This method is carried out by observing social facts, such as economic, political, and other aspects, before moving on to legal facts. This analysis is also associated with a descriptive method that aims to provide an in-depth description of various aspects related to legal dynamics in the development of the tourism business world in Indonesia, with a focus on Riau Province in 2024. The study shows that in the tourism legal system, specific aspects of investment are important. Investment in the tourism sector not only aims to generate profits, but also has moral and social responsibilities. In the era of globalization, in addition to legal protection of tourism business capital providers (investors) in this case tourism service users, both domestic and foreign tourists, as well as tourism entrepreneurs, are very important. Law Number 10 of 2009 concerning Tourism is a legal product that can be used as a reference related to the regulation of legal protection of tourists. One of the provinces in Indonesia that actively promotes its local tourism is Riau Province. In formulating tourism development policies in Riau Province for the next five years, the Riau Province Tourism Office refers to several important documents, such as the 2010-2025 National Tourism Development Master Plan (RIPPARNAS), the 2019-2024 National Medium-Term Development Plan (RPJMN), and policies set by the Central Government.
Cooperation Agreement between the Regional Government of Siak Regency and Private Companies in the field of Tanjung Buton Industry
In accelerating the development of National Strategic Projects such as the Tanjung Buton Industrial area, cooperation in the form of partners or investment from the private sector has an important role in maximizing the potential of the Tanjung Buton Industrial area, this is what the Siak Regency Government does through PT Samudera Siak with PT Bosawa Bandar Indonesia as a Private Party. This research is Normative research conducted using observational research, namely using secondary legal materials to discuss problems by conducting direct research at the research location to obtain data and information obtained through interviews regarding the agreement between PT Samudera Siak and PT Bosawa Bandar Indonesia as a Private Party. And how the implementation of the agreement. The results of this study indicate that the signing of a joint venture cooperation between the President Director of PT Samudera Siak and the President Director of PT Bosowa Bandar Indonesia to develop the Tanjung Buton Industrial Area as a special economic zone through Presidential Regulation number 58 of 2017 is a spirit of commitment in building the regional economy, to implement management and development of the port area, then implement mutually beneficial cooperation and supporting the improvement of port service services. Implementing the cooperation agreement between the Siak Regency Government and Investors in the Tanjung Buton Industrial Area is a form of joint venture, which means cooperation between two or more business activities to achieve specific business goals. Implementing this cooperation agreement has not positively impacted economic development around the area, especially for small and medium enterprises, and absorption of labour/human resources per the Job Creation law's mission.