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Winsherly Tan
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winsherly@uib.ac.id
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winsherly@uib.ac.id
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Faculty of Law, Universitas Internasional Batam, Jl. Gajah Mada, Baloi - Sei Ladi, Batam, Indonesia, 29442
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INDONESIA
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 12 Documents
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Search results for , issue "Vol 18 No 2 (2016)" : 12 Documents clear
Badan Hukum Penanaman Modal Asing dalam Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas Lu Sudirman
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Law concerning Limited Liability Company does not distinguish any foreign investment or planting of the Interior as well as local companies. All the requirements set forth in the Company Law applies equally to all types of companies. The difference between domestic and foreign, as well as companies contained in the rules of Investment Law No. 25 of 2007 which gives the requirements that must be met for foreign investment and domestic investment.The main characteristic of Limited Liability is that Limited Company is a subject to legal status of a legal entity, which in turn makes limited liability responsible for shareholders, members of the Board of Directors, and Commissioners. However, keeping up with the development of the business world so rapidly only make companies are too focused on the economic and productive activities only, so they forgot about the situation in around the operation area.The issue of social responsibility is a topic which related to business ethics, in this case there is the moral responsibility of companies not only for employees of companies but also people around the company. The strategic role of social responsibility (CSR) in Indonesia has been regulated in the Law on Limited Liability Companies. One of the booster of CSR developments that occurred in Indonesia is a paradigm shift in the business world that is not solely for profit, but also behave ethically and contribute to the creation of a social investment.
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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Abstract

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.
Lokal Dalam Menciptakan Perlindungan Dan Pengelolaan Bagi Lingkungan Hidup Yudhi Priyo Amboro
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The local wisdom become an issue since Act No. 32 Year 2009 introduced the local wisdom as a part of principle for public policy on environment. Some questions appear when local government wanted to issue public policy related with the environment and make a connection to the local wisdom. It is still questionable concerning what the local wisdom is. This writing tries to pierce those questions in a perspective of legal theology, with a legal research method.
Analisis Penerapan Hukum Dan Pertanggungjawaban Pidana Illegal Fishing Dalam Putusan No.107/PID.B/2009/PN.TPI.RNI Eko Nurisman; Rahmi Ayunda
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Lies in the strategic area made Riau Islands province became an attractive destination for foreign vessel to do illegal fishing. Riau Island Province especially Natuna rank at the first place in Indonesia as the region which has the fishes being stolen the most. This thesis is the result of research on how the application of the law and the criminal liability toward the doer of illegal fishing according to Tanjung Pinang’s fisheries court decision number 107/Pid.B/2009/PN.TPI.RNI. Type of this thesis is normative legal research, the data that used is in the form of secondary data, which consist of both primary and secondary legal materials. The author collecting the data by doing library research and interview. Once all the data is collected, the data is then processed and analyzed. The qualitative method was used to group the data point by the studied aspects. Further conclusions drawn related to this study, then described descriptively. From this research the author can conclude that Tanjung Pinang’s fisheries court judges in performing the application of the law for those involved in illegal fishing is still not quite right. There is a verse that should be charged to the defendant but not enforced, while for terms of criminal liability can be concluded that upon the defendant can held to be responsible, it is based on the elements of criminal responsibility that has fulfilled. with this fulfillment have consequences the defendant should be declared guilty and have to be responsible for his actions to undergo criminal penalties.
Kewenangan Satuan Petugas Illegal Fishing Dalam Penegakan Hukum Kelautan Dan Perikanan Di Indonesia Pery Rahendra Sucipta; Putri Arfina
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study was to analyze marine and fisheries law enforcement by agencies who are the members of the Unit Officers on Illegal Fishing who have had their respective authorities by the legislation. Analysis of these authorities in terms of legislation of the respective state agencies involved in marine and fisheries law enforcement. Formation of Illegal Fishing Unit is considered to pose authority overlapping with relevant state institutions, thus causing the ineffectiveness of the law enforcement of marine and fisheries.The methodology that used in this study is a normative legal research. The used data is secondary data which is obtained from the literature (library research). After all data are collected, then can be processed and analyzed, the analysis use qualitative point by grouping the studied aspects data. Furthermore, the conclusions are drawn related to this study, then elaborated descriptively.Based on this study, the results are reviewed by researchers from the two (2) formulation of the problem, first regarding the enforcement of maritime affairs and fisheries associated with positive law and second the authority of the Unit Officers on Illegal Fishing, as ruled in Presidential Decree No. 115/2015 about Unit Officers on Eradication of Fishing Illegally.
Tinjauan Yuridis Perlindungan Tenaga Kerja Indonesia di Malaysia Winsherly Tan
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study is to describe clearly about the rights of Indonesia migrant workers who work in Malaysia. Indonesia is the largest migrant-sending countries in ASEAN and the largest migrant-receiving countries of Indonesia in ASEAN is Malaysia. Indonesia itself as a migrant-sending countries already has regulations that governing the protection of the rights of migrant workers working abroad, namely in the Constitution of 1945 set in general on the rights of migrant workers, and more specifically regulates the protection of the rights of Indonesian migrant workers abroad, namely in Law No. 39 of 2004. Malaysia itself also has regulations that governing the protection of migrant workers, namely the 1955 Employment Act. This research is a normative law by using the method of comparative law. The data used in the form of primary and secondary data. Performed with data mining literature (library research). Once all the data is collected both primary data and secondary data, the data is then processed and analyzed, the qualitative analysis was used to group the data point by the studied aspects. Further conclusions drawn related to this study, then described descriptively. Based on the results of this research, Regulations in Indonesia and Malaysia that governs the protection of the rights of migrant workers who work abroad have not been effective in terms of both rules substance and implementation. Memorandum of Understanding (MoU) governing labor migration between the two countries (Malaysia and Indonesia) in 1998 and signed another one on May 10, 2004. MOU made by the two countries also contains many weaknesses in this MOU are not regulated at all about the migrant workers who work at home and have not been effective in protecting the rights of migrant workers.
Pemilihan Kepala Daerah Oleh Dewan Perwakilan Rakyat Daerah Ditinjau Dari Pasal 18 Ayat 4 Undang-Undang Dasar 1945 Pery Rehendra Sucipta; M Riski Ansori
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Indonesia is a democratic country according to Article 1 paragraph 2 of the Constitution of 1945. The setting of the election of heads of state institutions as well as at the local level provides clear evidence that 1945 is the Constitution as the basic law is written very democratic, especially in terms of the local elections with an electoral system that is also undergoing some changes of direct election by the people and the election through a representative, namely by the Regional representatives Council (DPRD). However, in the 2014 election by Parliament will again apply with the enactment of Law No. 22 of 2014 On the Election of governors, regents and mayor. But then the law reap a lot of resistance among the public because it is undemocratic and then canceled by the President. Based on this, we propose two (2) formulation of the problem addressed in this study: first, How Does the local elections based on Law Number 22 Year 2014 On the Election of governors, regents and mayors through parliament a second, Do the selection mechanism of the Regional Head made by parliament in accordance with article 18 paragraph 4 of the 1945 Constitution.This study uses a conceptual foundation, juridical and theory. Juridical basis in the form of Act No. 22 of 2014 On the Election of governors, regents and mayors. Then, the theoretical basis in adoption is the Constitutional Theory, Stufenbau Theory, Theory of Democracy and the Theory of Trias Politica. This study uses normative legal research. Therefore, methods of data analysis in this study is called qualitative descriptive.Based on this research, the mechanism of election of heads of regions based on Law Number 22 Year 2014 concerning the local elections through the Parliament set out in articles 6 to 33 organized by the Committee of Voters of members of parliament and elections are held in the plenary session of Parliament that issue the voting rights in a manner stand up. Regional Head Election Judging by Parliament Pursuant to Article 18 Paragraph 4 of the Constitution of 1945 and linked to the local elections in accordance Theory Constitutional Law, Theory of Hans Kelsen, Democracy and Trias Politica local elections by Parliament in accordance with the principles of democracy because it is not contrary to Law 194.
Tinjauan Yuridis Perlindungan Tenaga Kerja Indonesia Di Malaysia Winsherly Tan
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study is to describe clearly about the rights of Indonesia migrant workers who work in Malaysia. Indonesia is the largest migrant-sending countries in ASEAN and the largest migrant-receiving countries of Indonesia in ASEAN is Malaysia. Indonesia itself as a migrant-sending countries already has regulations that governing the protection of the rights of migrant workers working abroad, namely in the Constitution of 1945 set in general on the rights of migrant workers, and more specifically regulates the protection of the rights of Indonesian migrant workers abroad, namely in Law No. 39 of 2004. Malaysia itself also has regulations that governing the protection of migrant workers, namely the 1955 Employment Act.This research is a normative law by using the method of comparative law. The data used in the form of primary and secondary data. Performed with data mining literature (library research). Once all the data is collected both primary data and secondary data, the data is then processed and analyzed, the qualitative analysis was used to group the data point by the studied aspects. Further conclusions drawn related to this study, then described descriptively.Based on the results of this research, Regulations in Indonesia and Malaysia that governs the protection of the rights of migrant workers who work abroad have not been effective in terms of both rules substance and implementation. Memorandum of Understanding (MoU) governing labor migration between the two countries (Malaysia and Indonesia) in 1998 and signed another one on May 10, 2004. MOU made by the two countries also contains many weaknesses in this MOU are not regulated at all about the migrant workers who work at home and have not been effective in protecting the rights of migrant workers.
Analisis Terhadap Pelaku Tindak Pidana Eksploitasi Seksual Pada Anak Melalui Media Internet Eko Nurisman; Jefferson Jefferson
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The Internet is a space of information and communication that promise through the boundaries between countries, dissemination and exchange of knowledge worldwide. The presence of the Internet would have a positive impact in the technology of information, the exchange of all data information can be sent or accessed quickly. In addition to having a positive impact the Internet also have negative effects when misused it can even be a crime. The forms of crime today's internet world increasingly varied such as data theft, copyright violations and even crimes against children for sexual exploitation of children. The research method used in this essay is normative and the findings are presented in descriptive analysis to investigate and secondary data in the form of resources and materials related literature of criminal law and the law of information and electronic technology. Based on the results of the study it can be concluded that the Arrangement laws against the crime of sexual exploitation as stipulated in UU ITE currently there are still weaknesses or deficiencies. In Article 27 paragraph (1) there is a term "decency" is grammatically not be equated with sexual exploitation of children that can lead to legal loopholes in it and Implementation of criminal sanctions against the perpetrators of sexual exploitation of children in this case the judge has not been able to deploy an maximum penalty as contained the demands of the Public Prosecutor. Child sex offenders according to the ITE Law must be added a third weighting principal criminal.
Kajian Terhadap Kejahatan Yang Dilakukan Oleh Anak Geng Motor Di Kota Batam Faizal Fahreza Djuned; Jesen Teo
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Crime is an act that violates norms and the rule of law. Nowadays are found that criminal acts not only done by adults only, but children who are still minors are many who commit crimes. Criminal acts by children who are very popular today are a motorcycle gang crime, which the motorcycle gang have already on very disturbing society, from simply using noisy exhaust, to stage a mugging, robbery, and murder. According to the theory of Lambroso, a criminal is someone who has the makings of evil, and the wicked will be genetically inherited meaning derived from generation to generation. Based on interviews, the author in the Police Barelang and Batam City Police Station that the factors that cause crime in the child is young age factor, factor the lack of attention from parents, environmental factors, factors drugs, and factors liquor.

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