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[Penyelesaian Sengketa Merek Di Indonesia Berdasarkan Undang-Undang Nomor 15 Tahun 2001 Tentang Merek ]]>
<![CDATA[Wishnu Kurniawan]]>;
<![CDATA[Johan Johan]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[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]]>
<![CDATA[Pembukaan Rahasia Bank Oleh Pusat Pelaporan Dan Analisis Transaksi Keuangan Sebagai Upaya Pemberantasan Tindak Pidana Pencucian Uang ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Andry Andry]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Along with the times growing, it is necessary for a specific law to regulate and supervise economic activity in a country, especially in the banking sector which providing bank services. It is known that the bank is an institution that upholds the trust of customers on financial secrecy customers are categorized as bank secrecy so as to make the bank a target to commit criminal acts of money laundering. For the sake of prevention and eradication of money laundering, the government issued Law No. 8 of 2010 on the Prevention and Combating Money Laundering and forming institutions Analysis of Financial Transactions Reporting Center has the authority to require the reporting of customer transactions is strictly confidential.This study is a normative legal research using normative juridical. Data used in the form of secondary data. Data mining is done with literature (library research) and interview. Once all the data is collected, the data is then processed and analyzed, the qualitative analysis was used to group the data point to the aspects studied. Furthermore, the conclusions drawn related to this research, then elaborated descriptivelyBased on this study showed that in dealing with money laundering INTRAC play an important role by conducting an investigation of the transaction reports from banks and do reports on analysis results which indicate laundering to the authorities to deal with such offenses.]]>
<![CDATA[Akibat Hukum Bagi Bank Terhadap Perjanjian Kredit Tanpa Persetujuan Dari Pasangan Debitur ]]>
<![CDATA[Wishnu Kurniawan]]>;
<![CDATA[Adilia Monica]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[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.]]>
<![CDATA[Perlindungan Hukum Terhadap Perusahaan Nasional Dalam Transaksi Bisnis Internasional Tanpa Perjanjian Tertulis ]]>
<![CDATA[Rina Shahriyani Shahrullah]]>;
<![CDATA[Wagiman Wagiman]]>;
<![CDATA[Lindasari Novianti]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This research examines the judicial review of the activities of international business transactions without a written agreementcontract, which is conducted by one of the freight forwarding company, PT. Kundur Prima Karya domiciled in Batam. The researchis aimed to analyze and discover problems faced, to analyze the legal protection that can be applied, to provide the best solutions in international business transactions without a written contract.The method used in this research is sociological (empirical), descriptive in the explanation and is aimed to provide, to obtain an overview of the implementation of international business transactions in the field of freight forwarding with clients from Singapore. Data collection is done by collecting evidence from corporate documents.The research results showed some problems and constraints faced by the company with the clients domiciled in Singapore on the difficulties of collecting debts, the debts were not paid, there were no legal powers that could ensnare the clients who caused these matters of receivables, as there was no written agreement contract. The law protection which ought to be obtained, though we refer to the Article 1320 of the Civil Code, and International Private Law, this matteris still unable to be resolved properly, as it can be observed that there was no written agreement contract in the case of business transactions and cooperations made. The law chosen (choice of law) Singapore Laws, and a choice of forum lawsuit was filed in the Court of Singapore where the client concerned resides.]]>
<![CDATA[Perlindungan Hukum Terhadap Korban Perdagangan Orang Di Negara Indonesia Dan Negara Thailand ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Bernice Bernice]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Human trafficking is the trade of humans, most commonly for the purpose of sexual slavery, forced labor or commercial sexual exploitation for the trafficker or others. Human trafficking is a crime against the person because of the violation of the victim's rights of movement through coercion and because of their commercial exploitation. Although human trafficking can occur at local levels, it has transnational implications, as recognized by the United Nations in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children(also referred to as the Trafficking Protocol or the Palermo Protocol.Methodology used in this research is the normative legal research -based 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.The results of this study indicate that Indonesia and Thailand respect the rights of victims of human trafficking by ratifying the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children supplementing the United Convention against Transnational Organized Crime. Indonesia was placed in Tier 2 while Thailand does not fully comply the minimum standards in providing protection to victims and are placed in Tier 3 in 2014.]]>
<![CDATA[Pelaksanaan Sita Eksekusi Kapal Laut Sebagai Jaminan Atas Pinjaman Kredit Di Indonesia Dan Singapura ]]>
<![CDATA[Lendrawati Lendrawati]]>;
<![CDATA[Jeffrey Jeffrey]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Indonesian and Singapore as maritime state, bolstering the maritime sector in every way. One of the effort is through the financial support from the bank sector for shipping industry. And yet the effort of Indonesian and Singapore have faced many problem. The major problem is the nonperforming loan till the event of default, both state must provide legal solution for every bank sector. One of the most suitable legal solution is through the confiscation execution of the ship as credit guarantee. This method offers the most appropriate and fast solution for the bank sector to reclaim their payment from the event of default of nonperforming loan.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. 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 legal procedure and application of confiscation execution of ship vessel as nonperforming loan guarantee in Indonesia and Singapore. However, in terms of legal liability, the provisions and legal principle in Singapore is better than Indonesia, seen in firmness and law certainty to solve the problem.]]>
<![CDATA[Pemenuhan Hak Upah Tenagakerja Dalam Rangka Mendukung Investasi di Kota Batam ]]>
<![CDATA[Elza Syarief]]>;
<![CDATA[Ampuan Situmeang]]>;
<![CDATA[Sugiyarto Sugiyarto]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This study to analyze Undang-Undang No. 13 Year 2003 about Employment to organize the labors in order to support the investment at Batam City. This research used juridical sociological law framework. The research showed that the labors wage system at Batam City was adapted to the appropriate living standard at Batam City. The minimum wages at Batam City increased regularly and gave a negative impact in investment climate at Batam City because foreign companies had to pay a high value of wages. Because of that, the solution offered to Batam City government was to create a safe environment and stable labors wage.]]>
<![CDATA[Penerapan Konvensi ILO Terhadap Anak Yang Bekerja Di Negara Indonesia Dan Negara Singapura ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Leny Pratiwi]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Child means a person who has not completed his 18th year of age. Children must be protected especially for violence, discrimination, right for child, child work for life, and family, etc. International Labour Organization (ILO) is a organization to accept issues worker/employment under United Nation (PBB). ILO has made regulation for child worker like ILO Convention Number 138 about Concerning Minimum Age For Admission To Employment and ILO Convention No. 182 Concerning The Prohibition And Immediate Action For The Elimination Of The Worst Forms of Child Labour. Some report about child worker below minimum age, type of work for child labor, and working hours are not allowed to work has happened right now like sell newspaper at night and child working at handphone shop.This research is a normative law by using the method of comparative law . The data used in the form of secondary data . As for the data mining is done with literature (library research) and interviews. After all the data collected, the data will be processed and analyzed, the qualitative analysis is used to mean the group data studied aspects. Furthermore, the conclusions drawn related to this research, then described descriptively .Based on the results of this study, its showed that some application and to hold Convention ILO Number 138 and 182 also conviction to applied has given protection still to increase because so many cases child working and the penalty not give to discourage for people acted against the law.]]>
<![CDATA[Penerapan Hukuman Mati Tindak Pidana Narkotika Di Indonesia ]]>
<![CDATA[Lu Sudirman]]>;
<![CDATA[Elizabeth Gunawan]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This research is to describe about the juridicial policy Application of the death penalty law in Crime Narcotics in Indonesia. This study in terms of laws and regulations related to know what factors are becoming resistor and supporter in applying the death penalty under the provisions of law in Indonesia.This research is a normative research by using the method of qualitative. This type of research is using literature (library search) where is the data collected, the data is then processed and analyzed qualitatively whereby the data obtained and compiled systematically. Furthermore, the conclusions drawn from the results of research and described. The conclusion of this research study is based on the obtained results are reviewed by the author of three problems: first by Law No. 39 Year 1999 concerning the HUMAN RIGHTS according to a human rights perspective on the application of the death penalty in Indonesia. Secondly, based on Law No. 35 Year 2009 on Narcotics namely about how the pros and cons on the basis of the law relating to the death penalty that occurred in Indonesia. Third, in terms of the view of Christianity in comparison with Islam regarding the death penalty in Indonesia.]]>
<![CDATA[Analisis Yuridis Pemberantasan Perdagangan Manusia Di Indonesia Dan Vietnam ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Boy Ericson Siahaan]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This research report has has the aim to determine the effort and the application of penalties in combating human trafficking crime committed by Indonesia as a country that ratified the Palermo Protocol 2000 on human trafficking and Vietnam as countries that ratified the UN Convention on Transnational Crime Organized (TOC) and the acceding the 2000 Palermo Protocol and to know how the application of criminal penalties for human trafficking in Indonesia and Vietnam. The UN also classifies the states according to the high level of human trafficking into the SYSTEM ( TIER ) is a Tier 1 , Tier 2 Watch List, and Tier 3 in order to be able to do oversight and the classification is based on the standards of the Trafficking Victims Protocol Act of 2000 (TVPA 2000). Methodology conducted by the author is doing normative legal research or research library where library materials constitute the basic data in (science) research classified as secondary data using juridical approach and data analysis in this research is descriptive qualitative.Indonesia has legislations and has made many efforts both bilaterally and multiteral with many countries in combating trafficking and has established various organizations in suppressing and combating trafficking in persons and Vietnam also has special regulations regarding to human trafficking, and effective start from early 2012, but still Penalty Code that determines the punishment of suspect and Vietnam have been doing international cooperation both in bilateral and Multiteral in combating trafficking in persons.]]>
