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Tan, Winsherly
Universitas Internasional Batam
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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International Laws and The Reality: The Complexity of Corporate Law in Empowering Human Rights Sudirman, Lu; Tan, David; Tan, Winsherly; Situmeang, Ampuan
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.22514

Abstract

Corporations inevitably violate human rights in a variety of ways. As corporations evolved into massive multinational businesses, corporate violence—which is a legacy of colonialism and corporate power—continues to exist today. Corporate players maintain their freedom in pursuing their objectives using convoluted and obscure multinational organizations and supply networks, through the utilization of corporate law principles like the veil of corporate ownership, and also through other practices like tax evasion and lobbying of political bodies. The objective of this article is to explore the legal aspects of the problem of corporate violence, and suggesting reforms to ensure justice for the affected parties. This article uses the doctrinal research method along with the comparative method, focusing on both primary and secondary data. This article makes the case that the issue stems from the structural and systemic flaws in the framework of international law as well as in corporate laws that continually preserve corporate institutions in frustrating the advancement of the cause for human rights.  To effectively enhance the corporate and human rights environment, a framework of hard law, soft law, and non-law reforms and actions is needed.
TANTANGAN DALAM PENYELENGGARAAN PELAYANAN PUBLIK YANG EFEKTIF PADA PANDEMI COVID 19 Tan, Winsherly
Veritas et Justitia Vol. 7 No. 2 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i2.4300

Abstract

State or government affairs shall be conducted in accordance with the principles of good governance. This is considered a must in normal times and more so when the government have to deal with the COVID-19 pandemic. This general obligation is also in line with the theory proposed by Muchsan about the welfare state and the government’s obligation to provide public services. But reality shows a different picture. The Indonesian government seems to fail in providing good and reliable services in health care, public transport, social assistance, economy, and security.  One solution proposed is to appoint a person in charge of managing public complaints. The expectation is that this will empower the public, raise public awareness and increase government capacity to provide for public services.
CHILD MARRIAGE IN THE RECIPROCITY CULTURE OF THE SEA TRIBE COMMUNITY: LEGAL CONFLICTS AND VIOLATIONS OF EDUCATION AND HEALTH RIGHTS Tan, Winsherly; Budi, Henry Soelistyo; Shahrullah, Rina Shahriyani; Manashi Kalita
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/0xsjxk19

Abstract

The culture of “reciprocity” remains preserved and continues to serve as the foundation for the implementation of customary/Adat marriages among the indigenous Sea Tribe community in Lingga Regency. This study aims to strengthen cultural norms and regulatory frameworks, while also addressing the enforcement of such cultural practices. Employing an empirical legal approach, the study found that the practice of reciprocity conflicts with the prevailing national marriage law. Specifically, due to imbalances in social obligations, the Sea Tribe community often carries out child marriages based on custom without obtaining a court-issued marriage dispensation, as legally required. Furthermore, the Sea Tribe can no longer be classified as an Adat law community, as it no longer meets the criteria; instead, it should be regarded as a customary community that remains subject to national law. Drawing on Satjipto Rahardjo’s Theory of Legal Compliance, the study identifies three key factors contributing to the community’s non-compliance with marriage law: the lack of proper legal indoctrination, entrenched collective habits, and a limited understanding of the benefits of legal obedience. Consequently, the continued application of the reciprocity culture results in violations of children’s rights to health and education within the community. In light of Mochtar Kusumaatmadja’s Theory of Development Law, this study underscores the need for marriage law to more effectively govern the practices of the Sea Tribe community.
PEMBERANTASAN TINDAK PIDANA KORUPSI INDONESIA DAN SINGAPURA Nugroho, Cahyo Jati; Tan, Winsherly; Situmeang, Ampuan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.9857

Abstract

According to data from the anti-corruption education center released by Transparency International's Corruption Perceptions Index, Indonesia ranks 96th in 2021 in the corruption perception index with a score of 38 on a scale of 100. This study aims to determine the differences in the regulation and imposition of sanctions on perpetrators of corruption between Indonesia and Singapore. With Normative legal research, data is collected by literature study using secondary data which includes primary, secondary and tertiary legal materials which will be reviewed and studied one by one. This research provides results that show that there are several differences in preventing criminal acts of corruption in Indonesia and Singapore in terms of legislation, criminal sanctions, and anti-corruption institutions.
Deradicalization of Minors Involved in Terrorist Attacks Nurisman, Eko; Fitri, Winda; Tan, Winsherly
Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i1.4208

Abstract

Terrorism as a universal threat to peace has been a huge problem specifically for Indonesia, threatening the fabrics of Indonesian society in collaboration with radicalism, which can reach even minors. To fight this, efforts to eradicate radicalization as an important factor in the spread of terrorism”™s influence should be supported with by adequate regulations. Using the normative legal research method, this research analyzes the reality of terrorism and its relation to the existing relevant legal framework in Indonesia. This research finds that terrorism has a wide grip on Indonesian society, especially the youth, due to the spread of radicalism and the weak normative structure surrounding the act of radicalization. Findings and analysis of this research argue that there are possibilities of using the restorative justice approach through the process of deradicalization, according to Indonesia”™s ideology, Pancasila.
Penggunaan Bukti Tidak Langsung Dan Penerapan Leniency Program Di Kasus Kartel Indonesia Winata, Nicky; Tan, Winsherly
JUSTISI Vol. 8 No. 1 (2022): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v8i1.1400

Abstract

Cartels as a Form of Unfair Business Competition KPPU often has difficulty proving it through direct evidence in accordance with Law No. 5/1999, so the alternative used by KPPU to obtain evidence is indirect evidence, and in practice this indirect evidence It is also not easy because it has not been regulated in Law No. 5/1999 so that the Supreme Court has not given any information regarding indirect evidence. The research method used by the author is normative research using library research to obtain data, and there is a need for clarity regarding procedural law from the KPPU. And the Authority of the KPPU in order to facilitate the handling of the KPPU on the Cartel Problem in Indonesia and amid the uncertainty of indirect evidence, the leniency of the program can also be used as an alternative in proving the occurrence of cartel actions carried out by business actors, and the application of evidence is not This directly was also adopted by other countries as well as the leniency program, and Indonesia also needs to follow this step to reduce cartels in Indonesia.
Legal Dilemma between Law on Protection Child and Marriage Law in Addressing Early Marriage Tan, Winsherly; Agustianto, Agustianto; Febri Jaya
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2814

Abstract

This study aims to analyze marriage regulations with child protection, namely Law Number 16 of 2019 on Marriage and Law Number 35 of 2014 on Child Protection. These two regulations will be analyzed to protect children who marry underage. The study method used is normative juridical. As a novelty, the study tries to compare marriage arrangements with child protection arrangements. The purpose and perspective of underage marriage between the two regulations are different. The research results show that marriage law has a different spirit than child protection law. This is shown in the marriage law, which states that children are still allowed to marry for urgent reasons by applying for a dispensation to the court. However, child protection law explicitly does not allow this. Therefore, there is a need for more detailed regulation regarding the category of "urgent reasons" regulated in the marriage law.
National legal interventions in overcoming underage marriages in indigenous communities Tan, Winsherly; Agustini, Shenti; Agustianto, Agustianto
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28029

Abstract

Introduction to The Problem: Marriage is everyone's right. However, the phenomenon that occurs is the practice of underage marriage, this also occurs in the indigenous community of the Orang Laut tribe in Lingga Regency.Purpose/Objective Study: The aim of this research is to analyze the regulation of national law and customary law in dealing with underage marriage in the Orang Laut tribal community and to find a concept of legal harmonization that can resolve the practice of underage marriage.Design/Methodology/Approach: The research method used is empirical juridical. The type of data sourced from primary data is through observation and interviews as well as primary data. The basic theories used are the Theory of Legal Work and the Theory of Development Law.Findings: The results of the research state that there is a regulatory inconsistency between marriage law and child protection law. The marriage law allows for underage marriages by applying for dispensation, while Article 26 of the child protection law strictly stipulates that parents are obliged to prevent child marriages from occurring. And there is a culture of "reciprocation" which is the basis for the Sea People tribe to perpetuate the practice of underage marriage. In fact, marriages are only carried out through traditional ceremonies and according to their respective religions without applying for dispensation to the court. This means that the marriage carried out is only valid according to custom and religion and is not legally valid. Therefore, it is necessary to harmonize the law with an institutional approach in overcoming the phenomenon of underage marriage in the indigenous people of the Orang Laut tribe, Lingga Regency.Paper Type: Research Article
Pembatasan Kepemilikan dan Penguasaan Lahan Rumah Tinggal Ditengah Pembangunan Komoditas Investasi Ruska, Afdhal -; Jaya, Febri; Tan, Winsherly
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11180

Abstract

This study highlights the importance of restricting residential land ownership and control in Indonesia because land is a capital asset. This study examines the social and economic impacts of this phenomenon, focusing on the Basic Agrarian Law, and provides policy recommendations to address the conflicts and inequalities that arise. This study uses a normative legal method. The results of the study show that the authorities of the Republic of Indonesia have attempted to restrict ownership and management of land rights for residential purposes, but these efforts have not been fully effective and clearly regulated in one law. The solution to restrict this is to create legal regulations that consider legal provisions and consider philosophical, legal, and sociological bases. The limitations of this study's findings lie in the lack of elaboration of the actual implementation of efforts to restrict residential land ownership and control in Indonesia, as well as the lack of analysis of the specific obstacles faced by the authorities in implementing them. In addition, recommendations for creating new legal regulations are still general in nature and do not include concrete mechanisms or steps to integrate philosophical, legal, and sociological aspects into regulations. However, the originality of this study lies in emphasizing the importance of a holistic approach in formulating policies, which considers not only the formal legal dimension, but also social values and the philosophy of justice in dealing with land as an investment commodity. This finding provides a significant contribution to the discourse on policy reform related to land ownership, especially in the context of facing pressure from the investment market.
Pemenuhan Hak Anak Sebagai Korban dalam Sistem Pengadilan Tindak Pidana Kekerasan Seksual Siahaan, Rahel; Tan, Winsherly; Febriani, Emiliya
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11362

Abstract

This study aims to analyze the effectiveness of fulfilling children's rights in the judicial system of sexual violence crimes in Batam City, as well as to identify the challenges and realities faced during its implementation. The research method used is an empirical juridical approach, with data collected through in-depth interviews with law enforcement officials, including investigators and police in Batam City. The findings reveal that although comprehensive regulations exist, their implementation remains suboptimal due to limited human resources, insufficient child-friendly facilities, and ineffective inter-agency coordination. These barriers hinder the protection and recovery of child victims of sexual violence. The study also highlights the importance of applying the principles of Best Interests of the Child and the Restorative Justice approach to create a more child-friendly judicial system. Therefore, improvements in law enforcement training, strengthening inter-agency coordination, and developing facilities to support the recovery of child victims of sexual violence are urgently needed.
Co-Authors Abdul Rachman Abdurrakhman Alhakim Abdurrakhman Alhakim Abdurrakhman Alhakim Alhakim Abue Abue Adiyanto Adiyanto Agus Rosita Aguslina, Aguslina Agustianto Agustianto, Agustianto Agustini, Shenti Ahmad, Faradina Binti Akbar Putra Jako Akbar, Muhammad Dzaky Alda Fitriyani Ismail Basar Aldi Pradani Alhakim, Abdurrakhman Alzi Alzi Anakotta, Marthsian Yeksi Andika Saputra Andilsim, Weyni Angela Angela Anida Anida Annisa Putri Sabila Hasibuan Asmin Patros Augustino Sanduo Baiq Shefania Adristy Bhaskara, Kevin Indra Bulan Ayu Sari Cynthia Putri Guswandi Davina Shebiartha, Kyushu Della Delia Delvi, Muhammad Reyhan Anand Delvin Lim Dewi Seroja, Triana Dian Fransisca Disemadi, Hari Sutra Dyah Putri Ramadhani Edson Jonkarlo Eko Nurisman Elisa Nilla Sari Simanjuntak Elisa Nilla Sari Simanjuntak Elizabeth Gunawan Elza Syarief, Elza Erika Fitriani Erlina Erlina Febri Jaya Febriani, Emiliya Febriyani, Emiliya Ferryanto, Justitia Fiona Fiona Fitri, Winda FL. Yudhi Priyo Amboro, FL. Yudhi Priyo Gea, Lidia Kando Br Geovanni, Grace Haiti, Rudolf Handra Dermawan Hanifah Ghafila Romadona Harvey Vernando Helen Helen Hengky Hadiyanto Henry Soelistyo Budi, Henry Soelistyo Hutauruk, Rufinus Hotmaulana Imra Sulastri Gultom Indry Wulandari Irawan Indry Wulandari Irawan Inggrid Rosemary Santoso Intan Manurung Irawan, Indry Wulandari Ismail Basar, Alda Fitriyani Isnaini, Nurun Jackson Jackson Java Ardiandi Junus Loden Jaya, Febri Jesseline Chang Jody Sunatoyoga Jonathan Jonathan Julyanto Julyanto Junien Junien Kalita, Manashi Kasno Kasno Lee Kalia Leo Francisco Lu Sudirman Madeline Natasha Arifin Maharani Millenia Hussy Manashi Kalita Manurung, Intan Mario Ferdinandes Maryto S, Bella Oktavia Melvin Winata Michelle Lee Mimi Sintia Mohd Bajury Muhammad Akbar Nanditama Muhammad Rasyidin Muhammad Reyhan Anand Delvi Nabila Sari Narendra Tricahya Pratama Neha Aswin Maysura Nicky Winata Novika Novika Nugroho, Cahyo Jati Nurisman, Eko Nurlaily Nurlaily NURLAILY, NURLAILY Oktaviani, Belinda Olive Beckam Patros, Asmin Peter Macnico Putra, Aldo Ernandi Putri Ayuditia Putri, Aulia Ginda Putri, Shelvia Agustini Rahmadani, Aini ratama, Jovan P Razak, Siti Suraya Abd Ria Veronica Ridho Junilham Firmanda Rika Permatasari Rina Shahriyani Shahrullah Riski Widiyanti Risky kurniawan Riswanto Riswanto Rizaldy Anggriawan Rizky Pratama Putra Karo Karo Ronaldo Tan Virgian Rosalinda Rosalinda Rosita Tan Ruetaitip Chansrakaeo Rufinus H Hutauruk Rusdiana, Shelvi Rusel Hutajulu Ruska, Afdhal - Sari, Nabila Sheril Fitri Riana Shevia Shevia Siahaan, Rahel Silviani, Ninne Zahara Simanjuntak, Elisa Nilla Sari Situmeang, Ampuan Stanley Stanley Suryani Suryani Syifa Nur Islami Sylvani Sylvani Sylvani Tampubolon, Theresia Tan, David Tantimin, Tantimin Tasya Chandra Theresia Maya Burak Hurint Tjang Fang Fang Triana Dewi Seroja Triana Dewi Seroja Trifena Pang Trillian Lim Trinh, Hien Vanesha Brecilia Vennes Owen Vera Nengsih Veronica, Ria Vina Vina Vindriyanto Vindriyanto Vinny Aprilia Wahyudi Warianto Wan Rosalili Wan Rosli Wenseslaus Harley Hardiwinata Winata, Nicky Winda Fitri Windi Afdal, Windi Wulandari, Aura Yen Diarti Yoshua Tan Yosua Nicholas Tan