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[Perbandingan Hukum Kewenangan Otoritas Jasa Keuangan Indonesia dan Jerman ]]>
<![CDATA[Lu Sudirman]]>;
<![CDATA[Deddy Santoso]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The financial system is substantial for a country , this is because the financial system will affect the stability of the economy in a country . Thus, it takes a special agency to work in the sector supervision of the financial system , namely financial services authority . However , there are still many cases faced by the financial services authority . The government has set up and run the laws and regulations regarding financial services authority which authorizes the financial services authority in maintaining economic stability with overseeing financial services . In this study, described in detail the similarities , differences , and the authority of the service , and to investigate the conditions which country is better in the authority possessed by the financial services authority . 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 Germany have had a pretty good authority . Indonesia and Germany have similarities and differences within its authority , the supervisory agency model of the financial services sector , the background of the establishment of the authority , scope of authority , the source of funds in carrying out its authority , and the nature of independency in the process of running the authority .]]>
<![CDATA[Pelaksanaan Jual Beli Tanah Melalui Jasa Perantara (PT. Lobi utama) di Kota Batam ]]>
<![CDATA[Lendrawati Lendrawati]]>;
<![CDATA[Rina Kusniati]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[It is important to provide a guarantee and assurance to prospective buyers in order to avoid unwanted legal problems and could harm the buyer later after the parties managed to make the process of buying and selling land. If it is in accordance with the wishes and reached an agreement on the price of buying and selling land, it will proceed to the signing of the sale and purchase of land in front of the Notary/PPAT. After the stage of signing the deed of sale and purchase of land is reached and the buyer has paid the price of the sale and purchase of land previously agreed, the intermediary will receive a commission agreed upon with the seller/owner of the land previously as a form of appreciation. This research method is normative law by using secondary data obtained from observation and review of the literature. Processing and analysis of legal materials in the research conducted descriptively. Research result in the conclusion is the implementations of the land purchase through an intermediary (PT. Lobi Utama) in the operations against the sale and purchase of land deemed to have fulfilled all the conditions or rules in force in Indonesia. Intermediate types run by PT. Lobi Utama is kind of an intermediate form of the commissioners, especially the commissioner acting on behalf of the principal (acting on behalf of the seller).]]>
<![CDATA[Kajian Hukum Usaha Batik Gonggong Sebagai Seragam Pegawai Negeri Sipil Kota Tanjungpinang ]]>
<![CDATA[M Endy Febri]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Tanjungpinang local government issued Tanjungpinang Mayor Decree Number 37 Year 2010 about the Official Uniform for Civil Servants and Non Civil Servants at Tanjungpinang Government Circle. That decree stated that Batik Gonggong was one of the official uniforms that must be used. With the decree which caused the economical rights, all the entrepreneurs should get the opportunity to compete without any discrimination. It was concluded that public participation was needed to conduct a study in determining a batik motive as the special characteristic of a place before it was determined as a law of the local government. It could be socialization or an open competition for the society or the related entrepreneurs, because that activity could cause an economical consequence for the public. Tanjungpinang local government should give a transparency guarantee and the same rights of access about business information for every micro, small and middle entrepreneur.]]>
<![CDATA[Penyelesaian Hukum Atas Penerbitan Sertipikat yang Cacad Hukum Administratif di Kota Batam ]]>
<![CDATA[Lu Sudirman]]>;
<![CDATA[Tony Tony]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Government Regulation (PP) No. 24 of 1997 on Land Registration, retained the purpose of convening the registration of land as essentially been defined in Article 19 of the BAL, namely that land registration is the task of government was held in order to guarantee legal certainty in the land sector. The problem in this research is how the legal settlement of the issuance of certificates of land rights faulty administrative law in Batam city land office? and How is legal protection for land rights certificate holders who have disabilities administrative law ?. The research method in this paper is a normative legal research methods. Results of this study that the legal settlement of the issuance of certificates of land rights faulty administrative law in the land office of Batam city is Cancellation of Land Rights. Cancellation of land rights as stipulated in Article 106 paragraph (1) of the Regulation of the Minister of Agrarian / Head of National Land Agency 9 1999 on Procedures for Granting and Cancellation Rights and the State Land Management Rights. Legal protection for holders of certificates of land rights who have disabilities administrative law that in case of issuance of certificate of land rights who have disabilities law administrative, then one can take effort cancellation of land rights before it goes to court, if the person feels the publication no disability law administrative. Based on this, the researchers concluded that the cancellation of the certificate of land rights is the impact of the system of negative publicity.]]>
<![CDATA[Pelaksanaan Peraturan Gubernur Nomor 24 Tahun 2012 Tentang Petunjuk Pkb Dan Bbn-Kb Di Kantor Pelayanan Pajak Daerah Tanjungpinang ]]>
<![CDATA[Lili Rasjidi]]>;
<![CDATA[Rina Shahriyani Shahrullah]]>;
<![CDATA[Riza Satya Putri]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This study was intended as a form of submission of information and accountability to the public as compliance with the principles of transparency and accountability for public service in call centers Tanjungpinang. The goal is to keep the public information on the public service call centers that have been developed. With the increasing awareness of the community, also increasing the financial resources to fund programs and projects the Development of public facilities in order to boost the welfare masrakat Riau Islands.]]>
<![CDATA[Perlindungan Hukum Terhadap Kebebasan Berserikat Bagi Pekerja di Indonesia dan Malaysia ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Rina Kusniati]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Everyone, including the government of a country needs to be aware of the importance of human rights as one as the natural right. One of them is the freedom to associate, including the freedom to associate for the employees. The intention of the author in this thesis is to make a review about provision of legal protection for employees in the State of Indonesia and Malaysia, in terms of providing fulfillment to employee’s right, as one of human rights. The methodology by author in this research is used the normative legal research based on comparative law. The data in this research is used secondary data obtained from the study of literature (library research). After the required data has been collected, it will be processed and analyzed to find the object of legal issues. Furthermore, the authors will provide a conclusion and describe the conclusion descriptively. The result of this research indicates that the State of Indonesia and Malaysia already have provisions on freedom of association for employees. The difference between provisions of Indonesia State and Malaysia State is the Indonesian State has a firmer provision than the State of Malaysia, Indonesia also provide the better law protection for freedom of association for employees in the country.]]>
<![CDATA[Analisis Perjanjian Pembangunan Jembatan Bintan-Dompak Antara PT. Nindya Karya dengan Pemerintah Kepulauan Riau ]]>
<![CDATA[Rina Shahriyani Shahrullah]]>;
<![CDATA[Ampuan Situmeang]]>;
<![CDATA[Any Lindawaty]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Dompak Island to Bintan Island bridge construction is a building construction between the government and the private company which then became a written contract that had been agreed by both parties. However, later in time, what was written in the contract was not obeyed by both parties and caused a legal problem between the Riau Islands Government and PT NindyaKarya. Based on the description above, the researcher wanted to analyze Bintan Island- Dompak Island bridge construction implementation whether it had referred to the legal and proportion principles. The researcher also wanted to know the factors, impacts, and efforts that has been done by both parties. The research method that using empirical/sociological law method is done by examining the written positive law requirements used to guide the Bintan Island- Dompak Island bridge construction implementation agreement, and then examined the positive law implementation on the in concreto legal events. The result showed that Bintan Island-Dompak Island bridge construction implementation agreement had not fully obeyed the legal and proportion principles. In the end, the researcher recommended to continue the project of the bridge with the risk of falling down which could bring a big loss to the country, to make the content of the agreement clear and detail, done by the efficient, affective, and accountable goods procurement which in line with the necessity and target set to give a maximum advantages for the society. The legislations made by the government should not contradict each other because it would cause the society to suffer and the welfare society could be realized.]]>
<![CDATA[Pelaksanaan Putusan Pailit Pengadilan Indonesia Terhadap Pailit yang Melintas Batas Negara ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Ervinna Ervinna]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Along with the development of technology and science, international business transactions conducted by businesses around the world more and more. However, with this increase, the issue of cross-border insolvency often found and become a global problem. To overcome this problem in every country both countries that follow civil law and common law countries adopt and enforce the principle of territoriality principle of universality. Given the importance of cross border enforcement of bankruptcy to protect the rights of creditors and provide legal certainty for the parties concerned in a cross border bankruptcy cases. This study describes clearly and accurately on the implementation of the bankruptcy decision of a foreign court against the bankrupt crossing national borders. This research is a normative juridical law by using comparative law. Data used in the form of secondary data. Data mining is done with literature (library research). After 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 described descriptively. Based on this study that the state of Indonesia enacted bankruptcy decision courts of foreign countries in its own territory with the following conditions: to appeal to the judge Indonesia to execute the decision of the bankrupt country in the territory of Indonesia, performing for bankruptcy in the Commercial Court Indonesia to accept the decision handed down by Indonesian courts, Indonesia and the country has a bilateral agreement that allows both countries to resolve cross border insolvency.]]>
<![CDATA[Tinjauan Yuridis Atas Pelaksanaan Pemilu Legislatif Tahun 2014 di Provinsi Kepulauan Riau ]]>
<![CDATA[Rina Shahriyani Shahrullah]]>;
<![CDATA[Wagiman Wagiman]]>;
<![CDATA[Rendra Topan]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Elections , which is a means of implementing the people's sovereignty is exercised directly, free, general, secret, honest, and fair within the unitary State of the Republic of Indonesia based on Pancasila and the Law – the Constitution of the Republic of Indonesia in 1945 and is an important component in the democracies adhere to the system of representation. Implementation of legislative elections by 2014 has been implemented in accordance with laws related legislation. But still found plenty of problems and constraints then then researchers will lift a thesis with the title of the study "Review Of The Implementation Of The Juridical Legislative Elections By 2014 In The Riau Islands Province". And problems examined are the legal basis for the implementation of the legislative elections of 2014, the issues facing the Electoral Commission province of Riau Islands as well as the solution of the Electoral Commission of Riau Islands Province in solving legislative elections by 2014. Research results in the conclusion that the conduct of the legislative elections in the province of Riau Islands has implemented appropriate laws related legislation elections. While the obstacles faced in the Legislative Elections in the province of Riau Islands is verification of political parties, the electoral region, campaign, voters Remain , recapitulation of votes and dispute the results of the general election. To resolve the constraints in the implementation of legislative elections, election commission coordinate with related agencies, election watchdog (Banwaslu) and any solutions that are taken accordance with the provisions of the applicable laws.]]>
<![CDATA[Analisis Yuridis Perlindungan Hukum Terhadap Jual Belionline di Indonesia dan Malaysia ]]>
<![CDATA[Lu Sudirman]]>;
<![CDATA[Lily Haryati]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The development of the Internet led to the formation of the market buying and selling. The practice of buying and selling online is known as e-commerce. E- commerce (electronic commerce), a separate business mechanism that he was still whole corn. And the location of its merits is for the first time all people on earth have the same chance and opportunity to be able to do business with people all over the world. 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 showed that Indonesia and Malaysia have had legislation setting a good enough in regulating the buying and selling online. Indonesia and Malaysia have similarities and differences within its authority, namely the recognition of online transactions, electronic signatures, the area prevailing law, the legitimate requirements of online transactions, consumer rights, and protection of personal data and privacy.]]>
