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Winsherly Tan
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Faculty of Law, Universitas Internasional Batam, Jl. Gajah Mada, Baloi - Sei Ladi, Batam, Indonesia, 29442
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Journal of Judicial Review
Published by Universitas Internasional Batam
ISSN : 19076479     EISSN : 27745414     DOI : http://dx.doi.org/10.37253/jjr.v22i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JJR is a journal which aim to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law. Articles submitted to this journal discuss contemporary legal discourses in the light of theoretical, doctrinal, multidisciplinary, empirical, and comparative studies. The scope of the paper submissions includes constitutional and administrative law, corporate law, business law, criminal justice, adat law, Islamic law, law and society, international law, international economic law, human rights law, and intellectual property law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol 16 No 2 (2014)" : 11 Documents clear
Analisis Terhadap Premium Remedium Terkait Sanksi Hukum Lingkungan Junimart Girsang; Ampuan Situmeang; Rumbadi Rumbadi
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Batam Island as Port and Free Trade area in accordance with Law No. 27 Year 2007 and Government Regulation No. 1 of 2007. Batam as Trade and Free Port areas including islands Watch, Setokok Island, Nipah, rempang, Galang Island, Pulau Galang The new, benefits of the implementation of the free trade zone and port 34 countries have invested in sini.Konsekuensi status Free Trade Zone is the number of investors who have a negative impact on the one hand, and the positive impact on the other side.The negative impact is environmental damage as a result of the operations of these companies, there are companies that produce hazardous toxic waste (B3), there was a company importing B3 waste into Indonesia such as PT. Jace Octavia Mandiri. Stockholm Convention of 1972, the Basel Convention on the Control of Trans boundary Movement on Hazardous Waste and Their Disposal. Indonesia ratified the Stockholm Convention was issued Law No. 32 of 2009 on the Protection and Environmental Management replaces Law Number 27 Year 1997 on Environmental Management.Batam City Government faced with a difficult choice in the application of sanctions in accordance with Law No. 32 of 2009 on the Protection and Management of the Environment, because in that regulation, administrative sanctions (ultimum Remedium) environment must be put forward before stepping other sanctions that sanctions Criminal (Premium Remedium ).
Tinjauan Yuridis Penanganan Kejahatan Siber (Cybercrime) Di Sektor Perbankan Indonesia Dan Amerika Rina Shahriyani Shahrullah; Delfind Kiweikhang
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Considering that the effect of Information Technology is worldwide and borderless, the jurisdiction concept is not only applicable in the territory of Indonesia but also in the territory of United States of America both country that is largely affected with the impact of cybercrime. Cybercrime deeply effected the interest of both country, government, population and their economic. There were so many kinds of cyberspace offenses, principally offense that should be applied is a formal offense, considering the criminal act of cyberspace element of loss is often even harder to prove because it is cross-territorial and unawareness of the victim, even if the offender and evidence have already been caught.This research is a sociological law by using the method of comparative law. Sources of data used in the form of primary and secondary data sources. Data mining is done with field research and literature study (library research). After all the data collected, the data is then processed and analyzed, the qualitative analysis is used with the intention to classify aspects of data studied. Furthermore, it is concluded that the research associated with this, then described descriptively.Based on the results of this study showed that there are some similarities and differences in the conception of cybercrime offences in Indonesia and United States of America. However, in terms of legal liability, the provisions of the United state of America to regulate is better than Indonesia, seen in terms and strategy to overcome the offences and to prevent the occurrence of cyberspace offence.
Penerapan Tanggung Jawab Sosial Perusahaan pada Perusahaan dibidang Pertambangan di Kabupaten Karimun Elza Syarief; Asmin Patros; Naomi Hani Romauli Simanungkalit
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Any company run their business activities in the filed and related to the natural resoucers filed is required to conduct the environmental and social responsibility. Particulary the Natural resoucers explotations done by mining companies often causing the environment degradation and by not giving any attention to the social aspects at the surrounding of the company. This research is using the Law of Social Research Methods.Result and discussion. Social responsibility and environmenttal implementation will be applied properly if the government and the social and environmental responsibility program are done in synergies, and the funds can be an alternative for financing the program in support of the non budgeting financing. The conclusion is, government regulation no 47 year 2012 has been implemented in Kabupaten Karimun by using the concept of community development. Suggestion is to done the revision for the government regulation no 47 year 2012 to regulate and reinformce the provisions on the sanctions, establish regulations applicable in general, and to form the local government regulation or PERDA governing the social and environmental responsibility that suit to local needs at Kabupaten Karimun.
Perlindungan Hukum Bagi Pasangan Yang Melakukan Perkawinan Beda Agama Di Indonesia Lu Sudirman; Jendy Herlinda Karwur
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Basically marriage is a human right, but in virtually every human activity continue to be governed by the Act, as well as marriage. In the perspective of human rights, establish a family through marriage is the prerogative of the candidate husband and wife who are already adults. The state's obligation is to protect, record and issue a marriage certificate. But unfortunately, the reality is not sufficiently recognized by the state, even the Law No. 1 Year 1974 on Marriage and KHI no place for interfaith marriage. Clearly then the Law No. 1 of 1974 on Marriage should be revised again. Interfaith marriage are still carried out will have an impact in the future, such as the impact of the marriage's children, children who were born just to have a relationship with his mother alone. Interfaith marriage is not pekawinan mix in terms of our national laws because of mixed marriages under the Act referred to marriage as a marriage that occurred between citizen with foreigners.Methodology used in this research is normative juridical law. The data used in this research is secondary data obtained from the literature (library research) and field research (field research) that is, by interview with the speaker, Mr Cahyono, SH., MH Judges Batam, Mr. Jamaris Head .Dinas population and civil registries, Mr. Badrianus, SH., MH located in the city of Batam Religious Court, and Mr H.Hamizar, M.Sy as head KUA (Office of Religious Affairs) in Batam. Once all the data is collected, then processed and analyzed to find legal issues become the object of study and conclude, then described descriptively.These results indicate that one way in which the interfaith couples is by way of submission to one religion, where one of the parties to follow the religion of his or her spouse. Which is then recorded in accordance with their religious beliefs, to Islam at the Office of Religious Affairs and to the non-Muslims in the Civil Registry Office where the dilangsung her marriage.
Penyalahgunaan Wewenang Oleh Aparatur Negara Dalam Pembangunan Gedung DPRD Kota Batam Rina Shahriyani Shahrullah; Asmin Patros; Rional Putra
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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In the background of this thesis the researcher raised about the problem of abuse of authority of Batam City Government officials in the procurement of goods and services Batam City Council Building. In other research problems are discussions about the case of abuse of authority officials in the construction of the Parliament building in Batam. As well as indications of Corruption in Procurement Building Project Batam City Council were not followed up. This type of research conducted by the sociological juridical approach to the analysis of data using qualitative data. Sociological juridical approach aims to describe systematically and accurately about the population or about a particular field as well as trying to describe a situation or event on the reality on the ground against the perpetrators of corruption committed by government officials in Batam. In terms of addressing the corruption problem procurement of goods and services, is actually not a problem that only the responsibility of the government and a group of institutions or certain people, but also an obligation of the community to cope. Patterns of fighting corruption at the community level can be done through monitoring, reporting, dissemination of information and knowledge and other patterns. This effort is actually in the interests of the nation and the State of Indonesia, especially in improving the image and confidence International.
Pembubaran Perseroan Terbatas Berdasarkan Keputusan Rapat Umum Pemegang Saham (Rups) Di Indonesia Dan Australia Lendrawati Lendrawati; Shelly Sonyatan
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Considering a hefty amount of are left behind without being dissolved properly herein Indonesia may cause to many negative effects not only to the company but also the country and its government. Dissolving company is including the act of liquidating the company’s asset, businessman will prefer to establish a new company rather than to wind-up the company. Establishing a new company is more likely promising to businessman due to the time is faster than to wind up the company. Surprisingly, the above case rarely happen to the company in Australia, Australia has a commission called ASIC (Australian Securities and Investment Commission) which carry out two main functions, the administration and regulative functions. Every changes, addition or the company’s financial state must be reported to the commission. The presence of ASIC is believed to have facilitate and make winding up process easier.This research is carried to find out the process of winding-up and liquidation of a company, the obstacles, advantage and disadvantage in both country. This research is using a normative juridicial method of comparative law. Sources of data used in the form of primary, secondary and tertiary data. Data mining is done with library research. All data collected is then processed and analized, the qualitative analysis is used with the intention to classify aspects of data studied.Based on the results of this study showed that Australia has the best methods to wind up a company, which is proved by the presence of ASIC commission and the time duration.
Perlindungan Hukum Terhadap Korban Pedofilia Di Indonesia Dan Thailand Rina Shahriyani Shahrullah; Devita Sari
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Child is heir to a country that must be protected by all circles. Child protection is an activity to ensure and protect children and their rights in order to live, grow, develop and participate optimally in accordance with human dignity.This study used a normative legal research and data used are secondary data. Data collection techniques used in this research is secondary data and primary data as additional data. Data analysis method used is through qualitative analysis.Based on this research note that the legal protection of children in Indonesia and Thailand have referred to the Child Rights Convention of 1989. The legal protection of children in Indonesia set up more details about the sexual abuse of children than in Thailand. The effectiveness of child protection agencies in Thailand is more effective than the child protection agency in Indonesia.
Tinjauan Yuridis Terhadap Pentingnya Pengelolaan Sumber Daya Ikan Dalam Menambah Penerimaan Negara Anwar Anwar
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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In the background of this study, the researcher pointed out about the problem of illegal fishing done in Riau Islands, especially at Natuna District and Anambas District at Indonesia waters territory which caused a reduction in the nation’s income from fish resources. Illegal fishing had significantly caused a great loss for Republic of Indonesia, so the researcher discussed about the problem illegal fishing caused to the nation’s income. The research was done using the sociological juridical approach method with qualitative data analysis. The sociological juridical approach was done to systematically and accurately describe a population, a certain field, a situation, and an incident about the reality at the real practice of illegal fishing criminals at Indonesia waters territory, especially at Natuna and Anambas waters.Illegal fishing caused the country a great loss, not only in term of nation’s income, but also economic loss, ecological loss, and social loss. The law enforcement process on illegal fishing criminal act at Natuna and Anambas District had not been maximally implemented. This was because there were some factors, which were the law enforcement object which was hard to be covered by law, the proof problem, the narrow criminal act coverage, the bad coordination between the law enforcers, the criminal sanctions formulation, the criminality subject and actor, the confiscation process, the ecological compensation, and the lack of knowledge of integrity of the law enforcers. To stop illegal fishing, the government should increase the intensity of sea security through the ship patrols at the illegal fishing area suspects.
Analisis Terhadap Tindakan Aborsi Menurut Undang – Undang Nomor 36 Tahun 2009 Tentang Kesehatan Lu Sudirman; Susilawati Susilawati
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abortion was an act which prohibited in Indonesia. This had been regulated in KUHPidana generally and specificly regulated under Law No. 36 of 2009 About Health. In this Law explained about the legal abortion that caused by raping victim and there was an indication of health problems. However, based on the data from Family Planning Coordination Forum that shown the amount of abortion case reached 2,4 million on 2012. Then, most of that had been done not because the reason of being raping victim and health problems.The purpose of this research is to analyzed the juridical review about abortion case according to the Law No. 36 of 2009 About Health. Then, also analyzed the legality of the abortion action that regulated under that Health Constitution.This research was based on normative law and using comparative law on the appication. The data that had been used was primary data and secondary data, those data then will be proceed and been analyzed, qualitative analysis will be used on the data grouping suitabling with the aspect that will be research. Then, the conclusion that related to this studies wil be explained descriptively.According to the research oucome, we found out that The Law No. 36 Of 2009 About Health already been so detailed regulated about the abortion act that had been legalized. In fact, in Indonesia there were still a lot ilegal abortion case that happened and missused the rule that exist under the Health Law that legalized the abortion on raping case.
Penerapan Undang-Undang Nomor 30 Tahun 2009 Tentang Ketenagalistrikan di Pulau Batam Jon Ledi Silas
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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This study examined the implementation of Law No. 30 of 2009 (the Electricity Law) in Batam Island by focusing research on PT PLN Batam as the main and largest electricity supplier in Batam Island. The results of the study found out that the implementation of the Electricity Law in Batam Island by the Batam City Government was not fair, especially on issuing the electricity business permit, business area and tariffs Batam Island. The Batam City Government as the holder of authority to carry out the regulatory functions should implement policies that favor the balance of interests of national, regional, consumers, and the electricity providers for the sake of the macro interests and the future of electricity in Batam Island.Special attentions from the Batam City Government and other stakeholders are needed in order to make sure that PT PLN Batam can be managed professionally, able to support itself, and able to develop continuously because of the performance and development of PT PLN Batam directly impacted the general development of electricity and that ultimately also determined the development of the economy and the welfare of society in the islands of Batam, Rempang and Galang.

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