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Wishnu Kurniawan
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Tinjauan Yuridis Tindakan Preventif oleh PPATK (Pusat Pelaporan Dan Analisis Transaksi Keuangan) di Indonesia dan di Amerika Serikat Wishnu Kurniawan; Rosna Rosna
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Since money play a vital role in every person’s living, they are willing to try anything to gain as much money as they can even by doing crimes and they will surely try to hide their crime footsteps in order to avoid from being found out, so they will do an act called money laundering. There is an unit that plays an important role in every country which is called INTRAC (Indonesian Financial Transaction Reports and Analysis Centre) in Indonesia and is called FinCEN (Financial Crimes Enforcement Network) in United States of America. The purpose of this study is to describe clearly and carefully about the similarities and differences of INTRAC (Indonesian Financial Transaction Reports and Analysis Centre) in Indonesia and FinCEN (Financial Crimes Enforcement Network) in United States of America reviewed from preventive action, to know about their obstacles, and the strengths and weaknesses of both institutions in doing the preventive action, then to decide which FIU (Financial Intelligence Unit) is better in fighting against money laundering. This research uses normative research and then comparative method. Secondary data is collected using the library research. As all datas are collected, those datas are then being processed and analyzed qualitatively which means to group data and compile systematically. Further conclusions drawn related to this study, then decribed descriptively. Based on the results of this study showed that by reviewing from the main tasks and functions and competency related to the preventive action, INTRAC in Indonesia and FinCEN in United States of America have most significant similarity in being FIU that they have the same main task in fighting against the money laundering. Besides that, they also have differences and have very own obstacles, strengths, and weaknesses. According to the comparation between INTRAC and FinCEN, we can then know that FinCEN which was built in 1990 turns out to the better than INTRAC which was then built in 2002 in preventing and combating money laundering because FinCEN’s role is better in fighting against money laundering.
Penerapan Ultimum Remedium terhadap Penanganan Tindak Pidana Narkoba Wishnu Kurniawan; Tanty Susanti
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Law enforcement officials who have an important role to run the enforcement of criminal procedural law, one of which is the Police. Police of the Republic of Indonesia (hereinafter referred to INP) has the task, purpose, authority and responsibility which further entails also the emergence of various demands and expectations of society towards increasing INP task and oriented to the community it serves. Drug abuse among the general public is widespread especially in Batam as transit traffic of international trade.Based on this, we propose two (2) formulation of the problem addressed in this study: first, how the steps are the Indonesian National Police as investigators in tackling the problem of drug abuse and revealed in Police Barelang Batam ?, second, how the application of legal principles ultimium remedium in Law - Law Number 35 Year 2009 on Narcotics?.This study uses a conceptual foundation, juridical and theory. Juridical basis in the form of Law - Law Number 35 Year 2009 on Narcotics. Then, the theoretical basis in adoption is Theory of Law as a tool of social engineering by Roscoe Pound. This study uses normative legal research. The object of this research is in the area of Police Barelang. Therefore, methods of data analysis in this study is called qualitative descriptive.Based on this research, Steps As the Indonesian National Police and Investigators In Tackling Drug Abuse In Barelang Batam Police carried out in three parts, namely pre-emptive, preventive and repressive. The investigation process in revealing criminal cases of drug by the Drug Unit Police Barelang start of observation (review), surveillance (shadowing), undercover agents (infiltration agent), undercover buy (purchase veiled), controlled planning (submission controlled), and raid planning execution (Execution plan raids). Application of the principle of ultimum Remedium to the victims of drug abuse is not sentenced to imprisonment but rehabilitation.
Penyelesaian Sengketa Merek Di Indonesia Berdasarkan Undang-Undang Nomor 15 Tahun 2001 Tentang Merek Wishnu Kurniawan; Johan Johan
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Today technology is a fundamental requirement for the man. There is no one who can deny the technological needs for human life today. Discovery after discovery conducted to support the development of technology. One way to protect the interests of the findings is the recognition of intellectual property rights. Disputes related to the brand chosen by the author as a brand is something that is always found in everyday life. Indonesia is a country that registered many brands, so the potential for trademark disputes in Indonesia in the future is also quite large.Methodology used in this research is the normative legal research. The data used in this study is a secondary data obtained from literature (library research). Once all the data is collected, then processed and analyzed to find the legal issues that are the object of study and conclude, then described descriptively.Results of this study examines the decision of the brand with the legal protection dispute case number : 86/Pdt.Sus-Merek/2013/PN.NIAGA.JKT.PST with Plaintiff TCF Co. LLC, a company under the Act the State of California, USA based in 26901 Malibu Hill Road , CalabasasHills, California 91301 USA and Defendant are Stores Cheese Cake Factory in Indonesia. In this case the authors concluded that the existing brands in Indonesia are protected by Indonesian law if the trademark was registered pursuant to Act No. 15 of 2001 on Marks
Kepemilikan Saham Suami dan Istri dalam Satu Perseroan Terbatas Wishnu Kurniawan; Yeni Tan
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The purpose of this study is to investigate and analyze the validity on the ownership of Limited Liability Company by a husband and wife with joint property in Indonesia entailing towards the legislation on Limited Liability and legal consequences of shareholding of a limited liability company owned by a husband and wife with joint property in Indonesia. The research method used in this study is a normative legal research using library materials. The data used in this research is secondary data with primary legal materials, secondary and tertiary. The data retrieval technique used is the study of literature documents and interviews. The author used the method of data analysis by implementing qualitative approach. The results of this study showed that the shares within a limited liability company cannot be owned by a husband and wife without a prenuptial agreement on separating the marriage wealth fully. The reason being is because the establishment of the limited liability company supposed to be under the agreement. A limited liability company whose shareholders are a married husband and wife without a prenuptial agreement on separating the marriage wealth entirely, has indirectly violated the provisions of Law Number 40 Year 2007 on Limited Liability Company. In the case of loss, the shareholders shall be responsible towards the situation up to their personal wealth.
Pertanggungjawaban Pidana Bagi Pelaku Prostitusi Online Berdasarkan Undang-Udang No. 11 Tahun 2008 Wishnu Kurniawan; Lia Alistantia Wijaya
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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This thesis is motivated because prostitution online is very detrimental to the public and the perpetrators must be responsible to his actions. The ability of responsible associated with being a self-perpetrator. Their error element is an essential element that give a responsible for legal subjects.Issues that be discussed in this thesis is how the criminal responsibility for perpetrators of online prostitution in the perspective Undang-Undang No. 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik and the one who should be responsible and charged according to the theory of criminal law sanctions against the crime of prostitution online.Author in this thesis use normative juridical research method so the research looked at the law as a doctrine or a set of normative rules (law in book). Author in this thesis get a data from the study library by reading, studying and citing legislation, books and literature relating to prostitution online.After the completion of the writing of this thesis, the authors came to the conclusion that criminal responsibility lies in the legal subject of each person and the real perpetrator who should be responsible and charged according to the theory of criminal law sanctions against online prostitution are a prostitute and their clients.
Akibat Hukum Bagi Bank Terhadap Perjanjian Kredit Tanpa Persetujuan Dari Pasangan Debitur Wishnu Kurniawan; Adilia Monica
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Under the Statistik Perbankan Indonesia Volume 13 No. 4, Period March 2015, published by the OJK showed that the number of banks and bank offices increased from year to year. Therefore, to increase the number of banks and bank offices can lead to increase competition of banking services and increase lending to the public. Nowadays, more and more types of banking products, primarily for credit products. In addition, one of the convenience provided that the credit agreement without the consent husband / wife debtor. The formulation of the problem in this research is a credit agreement without the consent of the husband/ wife of the debtor in accordance with statutory provisions and legal consequences for the banks as lenders to the credit agreement.This study is a normative legal research using secondary data with legal materials of primary legal materials, secondary, and tertiary as well as the method of data analysis is qualitative research and qualitative descriptive study.Based on this study, the result that associated with the credit agreement without the consent of the husband / wife debtor, then to the credit agreement will still have binding legal force. However, not all material collateral agreements still have binding legal force even without the consent of the husband / wife of the debtor, because the property needs to be seen in advance of what was pledged to the bank as collateral on the debt of the debtor material.
Resiko Perahu Buatan Masyarakat Tanjungpinang Berdasarkan Hukum Perasuransian Wishnu Kurniawan; Candra Wira Jaya
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Tanjungpinang wellknown as a Gurindam city is surround by the sea that make most of the people on this coastal area used a traditional boat (pompong) to conduct their daily activity but unfortunately they still don’t have any insurance protections. This research describes clearly and carefully is there any way to register an insurance or making a risk transfer and how to register the insurance for the traditional boat in Tanjung Pinang. This research used normative legal research by using case approach. Data used in form of primary data as supporting data and secondary data. Data were collected by interview and library research. Furthermore, the conclusions drawn from the research, and then elaborated descriptively. This study showed that notwitcstanding the boat which made by Tanjungpinang citizen can be registered to an insurance company but in the end itdepend on insurance company itself whether considered the boats are insurable or not.
Analisis Putusan Ma Nomor: 261 K/Pdt.Sus/2011 Mengenai Sengketa Merek Dagang Antara Paimin Halim Dan Abdul Alex Soelystio Wishnu Kurniawan; Erni Yuliani
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The world economy continues to grow to adulthood, because the goods or services produced by the company is required distinctive mark, the purpose of difference is to give a name, marks, symbols or colors that are often known by the brand. The research problem is how the provision the use of brands in terms of the Act and the Trademark Is Supreme Court ruling Number 261 K / PDT.SUS / 2011 in accordance with Law number of 15 of 2001 on Marks.This research uses normative research which describe the legislation that apply, especially in Act 15 of 2001 on Trademark linked with legal theories in practice related to implementation of the problems studied by the author. Secondary data collected for study was conduted through library research to the material that the relevant law.Based on this study towards the cases can be concluded that the Trademark violation committed by Abdul Alex Soelystio that is using its trademark called "Kopitiam" the word element in the public domain which is genetic. Panel of Judges of the Supreme Court in its Decision No. 261 K/Pdt.Sus/2011 and the Commercial Court in Decision No. 5/ Brands2010/ PN. Commerce. Mdn. The second verdict stating that Abdul Alex Soelystio is the sole owner and holder of the rights to the brand Kopitiam exclusive in Indonesia for 43 types of class services, but does not fit in the application are listed in Law No. 15 of 2001 on Trademarks.
Pertanggungjawaban Hukum Terhadap Tenaga Kerja Wanita Indonesia Yang Di Deportasi Berdasarkan Undang-Undang Nomor 39 Tahun 2005 Wishnu Kurniawan; Erica Florentyna
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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This study aims to determine the causes of labor deported. In addition, this study also aims to describe efforts to protect migrant workers abroad.This research is a normative law. The subject of research is determined by purposive technique. With purposive technique chosen subject of study is one of PPTKIS Tanjungpinang and former migrant worker from East Java that the documents had been forged. Data were collected by interview. Examination of the validity of the data using a cross check, the cross-check between research subjects and the results of interviews with documents obtained during the study. The results showed that 1) The cause of the occurrence of falsification of former migrant worker’s document from East Java is due to a lack of understanding of migrant workers in the field of employment, especially procedures to work abroad, the document Prospective migrant workers has not been orderly for some residents in rural / remote, the appeal of promising economic in a foreign country, rampant Calo / sponsor of labor, thus deported 2) Implementing Private Placement of Indonesian Workers (PPTKIS) Tanjungpinang served as a supervisor, mentor, protector and is responsible for pre-placement, placement period, to the period after the placement of migrant workers.
Free Trade Zone Sebagai Salah Satu Wujud Implementasi Konsep Disentralisasi Wishnu Kurniawan
Jurnal Selat Vol. 4 No. 2 (2017): JURNAL SELAT
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

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Abstract

Indonesia is a country that adopts welfarestate system where the state administration is aiming for the prosperous of society. The excistense of statehood based on Pancasila ideology and constituion of 1945 with desentralization principal government system. Desentralization system are system wich the authorize to manage and developed by the regional government/local government. That system excepting as otherwise stipulated in legislation. Distribution authority to region/local government is a manifestation of the spirit of the country's development based on Region/Local Authonomy. Fulfillment of prosperous for society, central government of Negara Kesatuan Republik Indonesia forming an area exclusively dedicated to the development and investment strategies in increasing state revenues. In order to increase fulfillment the prosperous, needed an authority who focus on build and developed the special region to face the infrastructure developed in order to developed direct investment. This system made the Central Government intervened the Local/Region Government. The intervened reflected by Lawa Number 44 of 2007 juncto Governement Regulation Number 46 of 2007 about Free Trade and Free Port of Batam Island. The principal of implementing Free Trade Zone in Batam Island with special authority as executor contained inrelated with Desentralization principal. That system in accordance with Indonesian Constituion of 1945 specially in article 18B paragraph (1) wich specifies that the state respected with the special unit – a unit areas and special’s unit – a unit areas. That system are manifestation of Asymmetric Desentralization principal system. Keywords: Free Trade Zone, Regional Authonomy, Asymmetric Desentralization System, Constitution. Negara Kesatuan Republik Indonesia merupakan negara yang menganut sistem welfarestate dimana penyelenggaraan negara adalah bertujuan untuk mensejahterahkan masyarakat. Pelaksanaan kehidupan bernegara berdasarkan Ideologi Pancasila dan Konstitusi Undang-Undang Dasar Tahun 1945 dengan sistem pemerintahan menganut prinsip desentralisasi yang memberikan kewenangan pengelolaan dan pembangunan kepada Pemerintah Kota/Kabupaten kecuali seperti yang telah diatur dalam ketentuan peraturan perudangan. Pemberian kewenangan bagi Pemerintah Daerah ini merupakan perwujudan dari semangat pembangunan negara berdasarkan Otonomi Daerah. Dalam pemenuhan kesejahteraan masyarakat tersebut, pemerintah Negara Kesaatuan Republik Indonesia membentuk suatu kawasan yang diperuntukkan khusus bagi pengembangan dan strategi investasi dalam peningkatan pendapatan negara. Guna peningkatan tersebut, dibutuhkan otoritas pembangunan yang berfokus dalam pengembangan suatu kawasan di wilayah daerah yang khusus untuk menghadapi pembangunan infrastruktur dalam rangka pengembangan investasi. Hal ini membuat Pemerintah Pusat kembali melakukan intervensi kepada daerah untuk turut hadir langsung dalam melakukan pembangunan. Penerpan wilayah investasi tersebut adalah melalui Undang Undang Nomor 44 Tahun 2007 juncto Peraturan Pemerintah Nomor 46 Tahun 2007 tentang Perdagangan Bebas dan Pelabuhan Bebas Pulau Batam. Prinsip tersebut masih sejalan dengan amanah konstitusi terkait dengan pelaksanaan pemerintah daerah khususnya Pasal 18B ayat (1) yang menentukan bahwa negara menghormati satuan – satauan daerah yang bersifat khusus dan satuan – satuan daerah yang bersifat istimewa. Hal ini merupakan perwujudan dari konsep Desentralisasi Asimetris. Kata kunci: Wilayah Perdagangan Bebas, Otonomi Daerah, Desentralisasi Asimetris, Konstitusi
Co-Authors Adilia Monica Candra Wira Jaya Erica Florentyna Erni Yuliani Johan Johan Lia Alistantia Wijaya Rosna Rosna Tanty Susanti Yeni Tan