Journal of Judicial Review
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.
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<![CDATA[Analisis Yuridis Terhadap Kebebasan Pers Di Indonesia Dan Malaysia ]]>
<![CDATA[Lu Sudirman]]>;
<![CDATA[Miming Utami]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Human rights are basic rights that naturally inherent in human beings and therefore should not be taken away by anyone. The establishment of freedom of the press is a part of Human Rights. Freedom of press has been arranged in a state of laws and laws of Indonesia and Malaysia.Methodology used in this research is the normative legal research-based on comparative law. 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. These results indicate that the legal provisions on freedom of dispersions in Indonesia and Malaysia has similarities and differences. The provision of equality provisions press freedom in Indonesia and Malaysia are constitutional arrangements in each country, the scope of freedom of the press, and criminal sanctions. While the provision is the difference in press freedom conditions recognition liberated press, the press council, and the code of conduct.]]>
<![CDATA[Keputusan Mahkamah Konstitusi No. 67/Puu-Xi/2013 Tentang Uu No. 13 Tahun 2003 Tentang Ketenagakerjaan ]]>
<![CDATA[Lendrawati Lendrawati]]>;
<![CDATA[Rolend Santoso]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Article 95 paragraph (4) Law Employment put workers wages in the position as preferred creditor. However, in Article 21 Law Taxation, the state has the right prioritize for tax debts on goods belonging to tax Insurer. This Article establishes the position of the State as a preferred creditor has the right prioritize over belongings Insurer Tax. Nine employees of PT.Pertamina applying conduct tests of Article 95 Paragraph 4 Law Employment to the Constitutional Court on and The Court granted the request of the applicant for the majority verdict that the judge that: Article 95 paragraph 4 of the Labor Law against the 1945 Constitution and has no binding legal force.Thesis research was conducted on the basic principle is to find out the considerations of law in Constitutional Court Decision and also to determine the legal measures that can be applied if the curator does not prioritize the payment of wages in bankruptcy.The methodology used in this research is normative juridical legal research using comparative law with the source data used in the form of secondary data obtained through library research. Basic legal considerations Judge of the Constitutional Court because that workers in accordance with Article 28D of the 1945 Constitution which the worker has the right to work and to receive compensation. It is also against the curators who are not running in accordance with the Constitutional Court's decision, it can bring a legal action by filing a lawsuit renvoi in accordance with Article 127 Law on Bankruptcy.]]>
<![CDATA[Analisis Terhadap Tindak Pidana Penipuan Pada Transaksi Jual Beli Online di Kota Batam ]]>
<![CDATA[Elza Syarief]]>;
<![CDATA[Yudhi Priyo Amboro]]>;
<![CDATA[Uji Febianika]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The technology development in every aspects, in fact the crime was also developing itself, known as cyber crime or the crime by using internet networking. On sell and buy transaction via Online actually it was not missed from the cyber crime.The research problem that would be discuss was (1) how was the implementation of ITE Law against sell-buy transaction fraud by internet in Batam, (2) the problem on implementation of ITE Law against sell-buy transaction fraud by internet in Batam, and (3) what was the best solution to handle sell-buy transaction fraud by internet problem in Batam.This research was using descriptive methode by using normative approach (legal research) to got secondary data and juridic approach (sociologic juridic), to got primary data by field research.According to the research result, ITE Law had been implemented against sell-buy transaction fraud by internet in Batam. The problem that faced by Batam Police Investigator on implementing ITE Law against sell-buy transaction fraud by internet, such ITE Laws was not too clear regulate criminal provisions for the person that had done fraud via internet.The best solution on handling the obstacle to implement ITE Law in Batam was there were need some socialization to all citizens componens to report case against sell-buy transaction fraud by internet in Batam to police. Also needed equipments that useful and a competent human resources to searched the people that done sell-buy transaction fraud by internet in Batam.]]>
<![CDATA[Analisis Yuridis Terhadap Sanksi Tindak Pidana Korupsi Di Indonesia Dan Singapura ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Hebrina Antika]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Corruption is derived from the word corruptio or corruptus. Corruption always get more attention than the other crimes in various parts of the world. Indonesian regulations governing the eradication of corruption regulated in Law Number 20 Year 2001 on Corruption. Singapore is one of the countries close to Indonesia. Corruption in Singapore are set in the Prevention of Corruption Act.The purpose of this study was to analyze the criminal sanctions against acts of corruption in Indonesia and Singapore in the review of Law No. 20 of 2001 and the Prevention of Corruption Act.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.Based on the results of the study, it was found that Law No. 20 of 2001 has not been effective in providing criminal sanctions against acts of corruption in Indonesia. It is marked with are still many cases of corruption in Indonesia. While in Singapore, the rules governing the eradication of corruption is considered effective. There are some similarities between the two regulations is that both have set about eradicating corruption. The difference is the agency against corruption in Indonesia is still in control by keeping the parties.]]>
<![CDATA[Penerapan Peraturan Daerah Pada Sektor Kelautan Dan Perikanan di Provinsi Kepri ]]>
<![CDATA[Rufinus H. Hutauruk]]>;
<![CDATA[Ampuan Situmeang]]>;
<![CDATA[Raja Taufik Zulfikar]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The background of the study was about the problems in the policy and implementation of Riau Islands Province Regional Regulation Number 2 Year 2009 about the long-term plan in the effort to eliminate poverty in naval and fishery potential basis to increase the prosperity of Riau Islands Province people in coastal area specifically and Indonesians generally. The problems discussed in this study were about the obstacles in implementing the naval and fishery sector development and the solution to overcome the problems.The absence of basic infrastructure, the low education level, the geographical conditions of occupied islands all over Riau Islands Province area which were heavily influenced by the climate, and the lack of human resources to execute the programs made it slow to reach the targeted change in implementing the naval and fishery development policy.For the development continuation, it is recommended to Riau Islands Province Local Government along with Riau Islands Province People’s Regional Representative Council to issue a Local Regulation to make naval and fishery development to be the main priority in increasing the prosperity of the people as the maritime economy power basis in NKRI framework as the Foremost Islands Province, increasing the control, coordination, and synergy between sectors with related institute in formulating and implementing the naval and fishery development policy, reexamining the aid receivers, making an agreement with a clear regulation and binding the aid receivers.]]>
<![CDATA[Kajian Hukum Perdata Tentang Pertanggungjawaban Perseroan Terbatas Sebagai Subyek Hukum ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Antony Antony]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Currently the corporation 's role in society is increasing and so wide. More and more corporations are emerging in Indonesia, did not rule out more frequent occurrence of criminal acts of the limited liability company. Limited liability company activities often make unfair business practices may cause harm to the state and individuals as consumers and in some cases can be categorized as a criminal offense. Ensnare the limited liability company for its actions against the law as perperators of a crime or offense is not easy. It caused of principles of criminal responsibility are traditionally built with the idea of individualism which means that individuals who may commit crimes instead of limited liabilty company.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 concluded, then described descriptively. These results indicate that a limited liability company can be sued civilly through existing mechanisms.]]>
<![CDATA[Analisis Yuridis terhadap Perjanjian Pengalokasian Lahan di Pulau Batam ]]>
<![CDATA[Rufinus Hutauruk]]>;
<![CDATA[Lu Sudirman]]>;
<![CDATA[Ramsen Ramsen]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Rights management is one type of land rights known in Indonesia in addition to property, right to build, right to cultivate, right to use and lease rights. By Right Management, the rights holder has the authority to: plan the allocation and use of land, use the land for the purposes of performing its duties, submit portions of the land to a third party, in accordance with the provisions of the Basic Agrarian Law, and received a cash inflow / replace annual income and money required. Thus authority owned Industrial Development Authority Batam Island (hereinafter referred to Batam Authority) since it was created as an institution that is in charge and responsible for the growth and development of Batam Island as an industrial area (Kep. Interior Minister 43/1977). And the Batam Authority granted management rights over the entire area of land located in Batam Island, including large areas of land in a cluster of islands including the widow Berhias Batam, Tanjung Sau, and nginang and Kasom Island. The purpose of this research is to know and analyzing the: if the substance of the agreement allocating land between Concession Area Agency Batam and PT. Franindo International has met the principle of legal protection and the principle of justice, remedy what can be done if the land allocated Concession Agency Batam area still controlled by the community, and the economic impact if it can not establish physical land in accordance with the development plan. Juridical empirical research methods. Result: The land allocation agreements are made and enforced Regions Batam Exploitation Agency does not meet the principle of legal protection and the principle of fairness, and the recipient sebahagian land allocation can not run the contents of the agreement because there is resistance from the people who control the land.]]>
<![CDATA[Analisis Yuridis Terhadap Putusan Badan Arbitrase Nasional Indonesia Yang di Tolak Oleh Pengadilan Negeri Untuk di Eksekusi ]]>
<![CDATA[Rina Shahriyani Shahrullah]]>;
<![CDATA[Wagiman Wagiman]]>;
<![CDATA[Yovita Yovita]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Law No. 30 of 1999 about Arbitration and Alternative Dispute Resolution set on the cancellation of the arbitral decision on Article 70 which said the parties may apply for cancellation if the arbitration decision is thought contain elements of forgery / document, or discovered hidden documents from opposing party, or a decision which taken on the results ruse by one of the parties in the dispute. The cancellation reason on this article must be evidenced by the court. However, on the practice the cancellation of arbitration decision by District Court still was not click with the law and inconsistent, especially related with the using reasons of cancellation in Article 70 Law No. 30 of 1999.The problems that would be discussed were (1) how was the juridical approachment that been done by BANI for making decision No.300/II/ARB-BANI-2009 that been cancelled by South Jakarta District Court, and (2) why South Jakarta District Court refused to execute BANI decision No.300/II/ARB-BANI-2009. This research was using normative juridical methode, which this research was focused to reviewing the application or the rules or norms of the positive law.Based on the research, South Jakarta District Court was wrong by expand decision No. 270/Pdt.P/2009/PN.Jkt.Sel, because on the decision by Panels of Judges on cancelling one decision was not based on Article 70 Law No. 30 of 1999 about Arbitration and Alternative Dispute Resolution. In fact, the only Article that arrange about cancel the arbitration decision just only on Article 70 in that Law.The implementation Article 54 and 57 Law No. 30 of 1999 about Arbitration and Alternative Dispute Resolution can not be the basis of cancellation request arbitration decision No. 300/II/ARB-BANI/2009 by Panel of Judges in South Jakarta.]]>
<![CDATA[Status Kepemilikan Satuan Rumah Susun Oleh Orang Asing Di Indonesia Dan Singapura ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Gusita Christa]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Indonesia and Singapore, the two countries are quite attractive to foreign investors, as an ideal choice to invest in property. Indonesia and Singapore, which although the government open up opportunities in foreign ownership of property, but there are also still limited and have restriction by existing regulations. Thus, it doesn’t means chance of foreigners to have property are closed at all. Considering type of property with the ownership status can be granted to foreigners is limited, one of them which is flat unit. Therefore, to avoid misunderstanding to the limitations of the type of property, especially flat unit and ownership that can be owned by foreigners and provide legal certainty for foreigners who want to buy a flat unit in Indonesia and/or Singapore, so it is important to do research particulary regarding to the ownership status on flat unit by foreigners in Indonesia and Singapore.This research is a normative law research or known as normative juridical research be based on comparative law. Data used in this research is secondary data which includes primary legal materials, secondary, and tertiary. With data collection techniques using literature study mode, then the collected data was analyzed by descriptive qualitative analysis.The research obtained results that there are differences over the status of ownership of flat unit by foreigners in Indonesia and Singapore. Viewed from ownership of flat unit by foreigners in Indonesia and Singapore, ownership in Indonesia is more limited than Singapore which not too restricted in ownership of flat unit by foreigners.]]>
<![CDATA[Analisis Yuridis Peningkatan Penanaman Modal Asing Di Kota Batam ]]>
<![CDATA[Junimart Girsang]]>;
<![CDATA[Lu Sudirman]]>;
<![CDATA[Desy Susanti]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Since the development of Batam in 1970 until today. Great progress has been achieved so far, by the end of 2013, Batam has accumulated a total of about US $ 16.47 billion. However, the increase in foreign investment in Batam do not necessarily make Batam as the main destination of foreign investment. Indonesia Investment Coordinating Board (BKPM) set a best of seven provincial investment sector "Regional Champioship" in 2011. Kepulauan Riau (Batam) are not included in the list issued by BKPM best. This is due to the dualism of leadership in Batam which give rise to a conflict of regulations produced by the Free Trade Zone Authority (BP Batam) and the governmentof Batam which create legal uncertainty for foreign investors and the establishment of one door integrated services are facing obstacles of coordination between institutions, this is due to the licenses investors related departments / agencies of government that has not been delegated to the authority permissions to the BKPM so that the effectiveness of the one stop service has not reached its full potential, and also labor turmoil that demands minimum wage increases that often culminate in a demonstration anarchists that threaten conduciveness foreign investment in Batam. This research is a normative juridical law, because the data to be retrieved and examined are the data obtained through the primary legal materials, namely Law No. 25 Year 2007 on Investment by using secondary law approach to the principles of law in Indonesia.]]>
