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[Tinjauan Yuridis Pertanggungjawaban Hukum Marketplace Online terhadap Pelanggaran Hak Cipta ]]>
<![CDATA[Alfis Setyawan]]>;
<![CDATA[Kiki Ristanto]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Online Marketplace has a strategic role in the surveillance, prevention and eradication of copyright infringement in its platform. If online marketplace does not take any necessary action, it is certain that the level of copyright infringement will increase along with the growth of national e-commerce industry. Considering the fact as stated above, author is interested in studying the legal liability of online marketplace regarding to copyright infringement, especially in the sale of pirated computer programs in pursuant to Indonesia Copyright Act. This study is using normative legal research study by applying the descriptive-qualitative method. Secondary data is applied in this study. Secondarydata is collected using the library research. Once all files have been collected, it will be processed and analyzed qualitatively, which means to compartmentalize the data based on studied aspects and described descriptively on the end. Results of this study showed that in terms of Law Number 28 of 2014 on Copyright, online marketplace is legally liable in criminal sentence in pursuant to article 114 of this copyright act and civil liability in term to article 10, breaching of article 10 is a tort of online marketplace. Furthermore, copyright owner is entitled the right to file a criminal report to police department or file a civil lawsuit through Indonesia commercial court, alternative dispute resolution and arbitration court against the copyright infringement. Few measures can be implemented by online marketplace to combat copyright infringement, included enjoinment and removal of infringing content and implementing word filter feature in the platform]]>
<![CDATA[Kepemilikan Saham Suami dan Istri dalam Satu Perseroan Terbatas ]]>
<![CDATA[Wishnu Kurniawan]]>;
<![CDATA[Yeni Tan]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[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.]]>
<![CDATA[Analisis Yuridis Penetapan Status Tersangka Ditinjau dari Perspektif Hak Asasi Manusia ]]>
<![CDATA[Solina Sances]]>;
<![CDATA[Eko Nurisman]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The problem of law enforcement in Indonesia require legal form, its about right of suspect raises many disagreement by the legal expert, In principle criminal law (KUHAP) adopted principle equality and presumption of innocence until got the judge’s decision. Based on the research , the researcher got two formulation of the problem, first legal certaintly regarding the deadline of determination of suspect reviewed from human right perspective, second the implementation presumption of innocence human right perception. Purpose of the research for analyze juridical on how legal certainty about limitation of suspect and implementation principle presumption of innocent reviewed from human right perspective. The Stuy used normative juridical research method. Data source is secondary data which obtained from the literature. The data processed andanalysed using qualitative. Classifying the aspect studied and got the conclusion related to this research. The data described descriptively. Based on this research, the result reviewed by researcher into conclusions, its about legal certainty of limits determination of the suspect not related to human right perpective, implementation presumption of innoncence by law enforcer wasnt prioritize human right. Based on this study, the obtained results have been reviewed by researchers that the conclusion that the legal certainty regarding the deadline for determination of the suspect is not in accordance with the human rights perspective, the application of the presumption of innocence by law enforcement is not in accordance with the human rights perspective, because there are no rules regulating exactly how the application of the principle of presumption of innocence so that their legal vacuum.]]>
<![CDATA[Tinjauan Yuridis Penggunaan Mata Uang Asing sebagai Alat Pembayaran Dalam Transaksi di Wilayah Kedaulatan Negara Kesatuan Republik Indonesia (NKRI) ]]>
<![CDATA[Winsherly Tan]]>;
<![CDATA[Wahyudi Warianto]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[In Indonesia various efforts were made to preserve the sovereignity of Rupiah as well as improving national and international trust in Rupiah. One of them is the implementation of regulation that obligates the use of Rupiah in all transactions that occur in Republic of Indonesia. However, there are some exception which allows the use of foreign currency in the country to a certain limit. This study is a normative method based on secondary data collected from literatures (library research) and analytic method of qualitative data. This study will discuss the use of foreign currency as a payment medium in the Republic of Indonesia and their consequences as stated in Undang – Undang Nomor 7 Tahun 2011 tentang Mata Uang and its validity as evidence in the court of justice. Based on this study, we observe results from 2 (two) problem formulations. First, the use of foreign currency as payment medium in transactions that occur in the Republic of Indonesia is allowed but only under certain condition and limited based on exception regulation to the use of Rupiah in the Territory of the Republic of Indonesia and the violations of the use of foreign currency by Undang – Undang Nomor 7 Tahun 2011 tentang Mata Uang have legal consequences on criminal sanctions. Second, invoices or documents of transactions using foreign currency when performed based regulations can be evidence, however, if invoices or documents based from illegal agreement or contract that breaking the law accordingly become void from the start.]]>
<![CDATA[Resiko Perahu Buatan Masyarakat Tanjungpinang Berdasarkan Hukum Perasuransian ]]>
<![CDATA[Wishnu Kurniawan]]>;
<![CDATA[Candra Wira Jaya]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[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.]]>
<![CDATA[Dampak Surat Keputusan Nomor 463/Menhut-Ii/2013 tentang Hutan Lindung di Kota Batam ]]>
<![CDATA[Lu Sudirman]]>;
<![CDATA[Candy Candy]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Batam City wellknown as industrial area which the populations has growth rapidly over recent decade. When the urbans area became crowded, the demand for landhousing obviously will also increase. There some problem related to the status of the conservations forest in the Batam City after the enactment of the Decree of the Minister of Forestry Number 463/Menhut-II/2013. This research seeks to analyze the effect of the decree for protected forrest and legal certainty of the landrights in Batam. This research uses normative-empirical legal research by case approach. Data used in the form of primary data as supporting research and secondary data. Data were collected by interview and library research. Based on this study, the Decree of the Minister of Forestry Number 463/Menhut-II/2013 don’t allow the area which included conservations forest toissue the land certificate. As a consequence the policy rise the legal uncertainty and disadvantage for some societies in Batam City, while the legal certainty of the status of land rights before the decree remain in force as appropriate.]]>
<![CDATA[Perbandingan Hukum Humaniter Internasional dan Hukum Humaniter Islam Terhadap Tawanan Perang ]]>
<![CDATA[Rama Hadi Priyono]]>;
<![CDATA[Rina Shahriyani Shahrullah]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Writing and this study to study and said problems on regulation of and comparison treatment a prisoner at law humaniter international and islamic law humaniter to treatment prisoner group Abu Sayyaf in South Philippines . This research including the kind of research normative law.The kind of data that used is taken from secondary data.Technique data collection be used for example through study literature. This research referring to the hague convention 1907 and the geneva convention 1949 where both this convention set about the war and more specifically about a prisoner of war .Then , superimposed on the source of islamic law is Al-qur’an and hadist against islamic views on war and there treatment in captivity .On the source is found the equation similarities and differences about the war and treatment hostages]]>
<![CDATA[Penerapan Putusan Arbitrase Internasional Ditinjau dari Undang-Undang dan Hukum Acara di Indonesia ]]>
<![CDATA[Lu Sudirman]]>;
<![CDATA[Ritaningtyas Ritaningtyas]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This research to determine the application of the decision of the International arbitration in resolving disputes in Indonesia based on Law No. 30of 1999 on arbitration and dispute resolution as well as procedural law in Indonesia. This research is a juridical normative legal research using comparative law method. Therefore the source of data used was a secondary data source which were gathered with literature review technique. Upon the gathering of the data, such data was processed and analized with analitic qualititative descriptive method, meaning that by grouping of data in accordance to the aspect studied and afterwards the conclusion was drawn and descriptively elaborated. The result conclude that International arbitration decision can be implemented in Indonesia if it is approved by the Chairman of the Central JakartaDistrict Court. Where the decision of the international arbitration is a dispute in the areas of commercial law and does not violate public order throughout the country Indonesia. Where the law number 30 of 1999 on arbitration and dispute resolution and the Supreme Court Regulation No. 1 of 1990 on procedures of foreign arbitral awards, still leave a gap to the Central Jakarta District Court to reject or annul the decision of international arbitration in Indonesia. With the enactment of Supreme Court Regulation No. 1 of 1990, the Indonesia ratified the New York Convention in 1958 concerning the recognition and enforcement of foreign arbitral award or international arbitration. It is thus an international arbitration ruling can be implemented or cannot be implemented in Indonesia]]>
<![CDATA[Analisa Terhadap Efektivitas Peraturan Mahkamah Agung Nomor 2 Tahun 2015 tentang Tata Cara Penyelesaian Gugatan Sederhana ]]>
<![CDATA[Yudhi Priyo Amboro]]>;
<![CDATA[Okta Feryanto]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[In order to create judicial mechanism more simpler, faster and cheaper on dispute settlement procedure, therefore the Supreme Court Regulation Number 2 Year 2015 regarding Settlement Procedures of Small Claim Court was promulgated. This research aim to understand how the regulation regarding Settlement Procedures on simple lawsuit had been implemented at Batam District Court, to find out the obstacles and also to review the efectivity of the regulations to reach legal desirebility of the parties pertaining the court decision. This research is a juridical normative legal research using qualitative and descriptive method. Source of data used are secondary data, namely literary study and primary data namely interview. Upon the collection of all literary study, then such data shall be processed and analized, and then the primary data from the interview is used as adjustment of the research data result. Further, the conclusion related to this research shall be drawn, and then the legal effectivity of the Supreme Court Regulation Number 2 Year 2015 in the District Court of Batam shall be descriptively elaborated. This research result that upon the promulgation, a number of 17 Small Claim Court cases had been settled in the District Court of Batam for the year 2016 alone. Notwichtstanding there are significance number of case has been processed, there are some problems in the implementation of the examination session of the Small Claim Court in the District Court of Batam, one of them is that there are no verdict which are executable. However, beside from such problems, the settlement of Small]]>
<![CDATA[Perlindungan Hukum Hak Pekerja Harian Lepas (Studi Perbandingan Hukum Indonesia dan Hukum Singapura) ]]>
<![CDATA[Yudhi Priyo Amboro]]>;
<![CDATA[Fendy Fendy]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[As a legal state, Indonesia is demanded to provide legal protection to all of its citizens including businessmen and workers. Legal protection towards the workers is intended to guarantee the basic rights of the workers in order to realize the welfare of the workers. However in practice, there are still cases regarding violation of the rights of daily paid workers. Different than Indonesia, Singapore which is one of the leading countries in Asia has categorized workers who has similar characteristics to daily paid workers as part-time workers. Therefore this research clearly described the similarities and differences of the legal protection on rights of daily paid workers in Indonesia and Singapore so that we could find the advantages in the legal protection offerred by Singapore. This research is a juridical normative legal research using comparative law method. Therefore the source of data used was a secondary data source which were gathered with literature review technique. Upon the gathering of the data, such data was processed and analized with analitic qualititative descriptive method, meaning that by grouping of data in accordance to the aspect studied and afterwards the conclusion was drawn and descriptively elaborated. Based on this research, the obtained result was that the legal protection to the rights of daily paid workers in Indonesia and Singapore has their own respective advantages. However, reviewed with the theory of the legal protection and the theory of legal justice, the law of Singapore provides more attention to the rights of its daily paid workers compared to Indonesia, this can be found on the provision of overtime pay, leave and social security system offered by Singapore, which has more attention to the achievement performed by its daily paid workers.]]>
