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[International Law Analysis on the Territorial Conflict Between Israel and Palestine ]]>
<![CDATA[Elvira Octaviany]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The purpose of this research is to ascertain the reason behind the invasion of Israel to Palestine. The Invasion has started since the 19th century and caused a territorial conflict that has resulted in casualties. This research will also provide a historical analysis from the start of the Jewish invasion to Palestine and until the state of Israel and Palestine were born. This research also has the purpose to analyze what are the different approaches that has been sought by the International Law, and is it effective to resolve the conflict. The researcher will also provide the best solution to solve the conflict. This research is a normative research. Secondary data was used as the data source. The gathering of data was done by library research. After all the data were collected, the data will be processed and analyzed by qualitative way. Then a conclusion will be made from the research and will be written in descriptive. Based on this research, it can be ascertained that the reason behind the invasion of Israel to Palestine is because it is an act on where at that time the Jewish in Britain were discriminated and they need a place where they can safely settled. That action was suitable with the theory of territorial claims. It can also be analyzed that resolutions have been made by the UN, which are the UN Resolution 181 and UN Resolution 242. Negotiation had also been done resulting in Oslo Accord 1. But the approaches are considered ineffective. Israel heeds the criticism from other countries regarding the acts that were considered violating the 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War. The best way to resolve this conflict is that the whole international community has to work together by eliminating the veto system in the UN.]]>
<![CDATA[Analisis Yuridis terhadap Tenaga Kerja Asing “Tiongkok” yang Dipekerjakan di Kota Batam Ditinjau dari Hukum Ketenagakerjaan ]]>
<![CDATA[Agustianto Agustianto]]>;
<![CDATA[Rodeen Chenggaliex Chenggaliex]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This writing discusses the problems of foreign workers employed by employers in terms of labor law. The purpose of this study is to find out the problems that occur to the foreign workers "Tiongkok" who are employed in the city of Batam and the steps that can be used employers and governments in maximizing the use of foreign workers. This research is an empirical juridical research using descriptivequalitative method. The data used in the form of primary and secondary data, collected by way of study keperpustakaan and research in the field. After all the data collected, then the data is then processed and analyzed qualitatively, which means by grouping data aspects studied. The following conclusions are drawn to this research, then described descriptively. Based on this research, it is found that from the Regulation of the Minister of Manpower, the employers of foreign workers and foreign workers must have a permit to use foreign workers, permit to employ foreign workers and wire recommendations, as well as sanctions against the parties to violate the applicable regulations. Governments should play a more active role in granting licenses to foreign workers, and employers should clarify procedures and requirements that foreign workers must possess clearly so that foreign workers know that they are qualified workers and procedures With Indonesian regulations.]]>
<![CDATA[Analisa Yuridis Klaim Asuransi Jiwa Secara Ex Gratia Berdasarkan Hukum Asuransi Indonesia ]]>
<![CDATA[Lendrawati Lendrawati]]>;
<![CDATA[Kelvin Junnatan]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Credit life insurance serves as protection against loan customers, which when credit customers die, the ongoing credit will be paid by the credit life insurance is based on the claim from the heirs of the customer or the bank. Sometimes there are some credit life insurance claims submission rejected by insurers, that will cause problems for the various parties, such as the Bank, that the credit has not been paid off and also the Insured's heirs still have to pay the credit in the bank. The purpose of this research is to seek how the Indonesian insurance law protect the participant which enggage by the insurance police. This research also conducted to anlyze the legal compliance has been applied by PT. Asuransi Himalaya Pelindung. This research is using the normative juridical method of analyzing the laws of Indonesia and Singapore. Sources of data used are in forms of primary legal materials, secondary legal materials and tertiary legal materials. Data collection technique is done through the method of literature study (library research). After all of the data are collected, the data are processed and analyzed. The qualitative analysis is used with the intentions to classify aspects of data studied. Furthermore, it is then concluded that the research associated with this is then described descriptively. Based on this recearch are found that:First, the parties of insurance police are protected based on the their underlying contract.The clause of ex gratia is barely to find in polis agreement, so as long as did’not opposite with their primary contract, ex gratia claim is possible for the grant.]]>
<![CDATA[Pertanggungjawaban Korporasi terhadap Pencemaran Lingkungan Hidup : Studi Pada Pt Horizon Bandar Bahru di Batam ]]>
<![CDATA[Tantimin Tantimin]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Development that affects the environment, such as pollution and / or damage to the environment, which has a wide and very dangerous impact on people's lives. Such as Buyat Bay Pollution Case, Lapindo Mud Case in Sidoarjo, Illegal Logging Case Adelin Lis in Medan, Case of Imported Waste from Australia, Mud Waste Import Case from Singapore for reclamation of Pelambung Bay and Nipah Island, and Case of Import of Hazardous and Toxic Waste (B3 ) from the "Leisure World" Shipper in Batam. The purpose of this paper is to find out how the system of corporate responsibility towards environmental pollution in the positive law of Indonesia and how the accountability of PT. Horizon Bandar Bahru against environmental pollution. The method in this writing is Normative Legal Writing Method. Data collection is done through library research by studying legal provisions on matters relating to corporate responsibility to environmental pollution. The data is then drawn and related analyzed descriptively-qualitative. Based on the results of the author's writing that the system of corporate responsibility in environmental pollution can take the form of criminal responsibility, civil liability and administrative accountability. This liability may be requested because the corporation currently in the form of a legal entity (Limited Liability Company / PT) in the business of utilizing the environment conducting business activities that may lead to pollution or / or damage to the environment. Therefore PT Horizon Bandar Bahru, corporation as a legal subject in pollution and / or environmental damage must be responsible.]]>
<![CDATA[Analisa Yuridis Efektivitas Perlindungan Investor dalam Transaksi Repurchase Agreement (Repo) di Indonesia ]]>
<![CDATA[Yudhi Priyo Amboro]]>;
<![CDATA[Yuly Milyarti Wijaya]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[In the capital market, securities companies have the role of the intermediary for security traders, which may conduct business activity of selling and purchasing securities such as shares and bonds. Repurchase Agreement (Repo) transaction is one of the investment products of the Securities Companies which is based on the sell or purchase of securities contract with the sellback or buyback condition at the determined period. The prevailing agreement principle is the freedom of contract so that it would be very much dependent on the provisions being stipulated in the Repurchase Agreement made by the relevant parties.This research shall clearly describe on the illustration of the securities transaction at the Capital market in Indonesia and the Law and Regulations which regulate on the Repo Transaction in Indonesia. This research is a juridical normative research using method of researching library materials. Thus, the source of data being used shall be in the form of secondary data gathered with literature review technique. Upon gathering of all the data, then such data were being processed and analized with the qualitative descriptive analizing method, namely by grouping the data in accordance to the researched aspects which thereafter the conclusion can be taken and shall be elaborated descriptively. Based on this research, it was resulted that regulation which govern the Repo Transaction is stipulated in the Otoritas Jasa Keuangan Regulation Number 9/Pojk.04/2015 Regarding Transaction Guidelines on Repurchase Agreement for Financial Services Institution. However, if being reviewed by the legal protection and legal effecitivity theory, such regulation is still less effective.]]>
<![CDATA[Analisa Kasus Indonesia dengan Tiongkok Terkait Zee Perairan Natuna Berdasarkan Unclos Tahun 1982 ]]>
<![CDATA[Aan Kurniawan]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The purpose of this study is to analyze the juridical case of Indonesia with Tiongkok related Exclusive Economic Zone in Natuna waters which claimed unilaterally by Chinese government, based on United Nation Convention on the Law of the Sea (UNCLOS) Convention 1982. The methodology used in this study is legal juridical normative research. The data used is secondary data obtained from literature study. After all the data collected, then the data then processed and analyzed, the analysis used qualitatively by means of grouping data aspects studied. Hereinafter drawn conclusions related to this research, then described descriptively. Based on this research, the results obtained by the researchers from 2 (two) formulation of the problem, first about the position of Exclusive Economic Zone Natuna Island waters in review of the UNCLOS convention, second about what legal efforts can be made on the claims of the Natuna Exclusive Economic Zone . Based on this research, the writer considers that there are still many weaknesses and weaknesses, especially related to inter-state border guarantees, there should be agreement between neighboring countries on the boundaries of the territory in order to avoid disputes.]]>
<![CDATA[Analytical Approach to the Implementation of Mortgage Law on Flat Owned by Foreigner in Indonesia and Singapore ]]>
<![CDATA[David Tan]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Looking at the effects of globalization, the amount of expatriates coming to Indonesia and Singapore is constantly increasing. They come as a foreigner to do business and stay within a period of time. The scarcity of land area and certain national interest against land, are factors pushing the development of flats and strata living area (strata title). This type of dwelling is commonly the choice preferred by foreigner to live on. The flat ownership criteria and its rights to serve as a security interest for loan, especially for foreigner who owns it is then the problems arising out of it. This research is carried out to find out the process of owning a flat and its charge as security interest, such as encumbrance right/mortgage, especially by foreigner, both in Indonesia and Singapore. The prerequisite, process, advantages and disadvantages of methods used by the two countries. This research is using the normative juridical method of analyzing the laws of Indonesia and Singapore. Sources of data used are in forms of primary legal materials, secondary legal materials and tertiary legal materials. Data collection technique is done through the method of literature study (library research). After all of the data are collected, the data are processed and analyzed. The qualitative analysis is used with the intentions to classify aspects of data studied. Furthermore, it is then concluded that the research associated with this is then described descriptively. Based on the results of this study and research showed that there are some similarities and differences regarding the process of owning a flat and its charge as security interest, such as encumbrance right/mortgage by foreigner in Indonesia and Singapore. This similarities and differences, especially in the law system implemented by both countries also caused several advantages and disadvantages regarding it.]]>
<![CDATA[Analisis Yuridis terhadap Implementasi Pasal 362 Kitab Undang-undang Hukum Pidana Tentang Pencurian pada Kasus Kendaraan Bermotor di Kota Batam ]]>
<![CDATA[Kie Linten]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The purpose of this study is to analyze the implementation of article 362 of Criminal Code which conducted by law enforcement institution. This implementation analysis reviewed from regulation of enforcement law institution on vehicle’s robbery case. Due to uncooperation among enforcement law institution and other related state institutions such as Women Protection Commision, Children Protection Commision, Batam’s Major, Batam Indonesia Free Zone Authority (BIFZA) so as unefectiveness happended on avoidance of robbery case especially vehicle’s robbery in Batam city. Metedology used on this this research is empirical legal research which the secondary data obtained quantitatively to got a description of the main problem by using deductive thinking method. Primary data grouped based on variable research then analyzed quantitatively using statistic data formula so the clear description of main problems obtained. Data collection techniques are through field studies in the form of interviews and documentation studies. Thus, this analysis is defined through tables, graphs, and diagrams related to the problems studied. Bassed on this research can conclude: First, the implementation of article 362 of Criminal Code about vehicle’s robbery in Batam city has been implemented by the legal institution despite still not meet the legal efectivity yet. Second, the best solution to avoid vehicle’s robbery in Batam city are to increase the people welfare, consistency of legal enforcement and the availability of job oppurtunity for the poor people.]]>
<![CDATA[Perlindungan Konsumen dalam Transaksi E-Commerce Ditinjau dari Undang-Undang Perlindungan Konsumen ]]>
<![CDATA[Alfis Setyawan]]>;
<![CDATA[Bella Wijaya]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[E-commerce transaction is a trade or buy-and-sell, which are done through the internet media. E-commerce transaction used substantially by the society because of how prompt and efficient it is without having to directly meeting the seller. Ecommerce transaction is done through website or Online Retailer Provider. During the development, e-commerce transaction has several problems regarding the consumer’s protection, for example when the product sent by the Online Retailer Provider is not compatible or when there is a defective on the product received by the consumer. Those incidents harm the consumers. Thus, there is a necessity to conduct a research to figure the consumer’s protection in e-commerce transaction based on Law Number 8 Year 1999 on Consumer’s Protection (hereinafter referred as LOCP), this study further objective is to answer the question on the online retailer provider liability in e-commerce transaction based upon LOCP, how does the law protect the consumers in e-commerce transaction based upon LOCP and how to conduct the legal effort and the resolution of consumer’s dispute in e-commerce transaction based upon LOCP. This study is a juridical normative legal research. The data used are primary data, which consist of legislations and secondary data retrieved from library research. In this study the author used the method of data analysis by implementing qualitative approach. This approach is used towards the data retrieved from document studies and library materials. The law protections for consumer in e-commerce transaction based upon LOCP are divided into 3 (three) parts, which are before the transaction, during the transaction and after the transaction. Online Retailer Provider as a seller or the business-maker has a liability such as regulated in LOCP. The liability regulated in LOCP is the liability to use the presumption principle to always be regarded responsible and being in the state of absolute liability. Whereas the legal effort which could be undergone by the consumer in LOCP is not sufficient enough for the dispute resolution in e-commerce transaction due to the character of e-commerce transaction that does not need a direct meeting and the broadness of the territory in online transaction. Thus an alternative solution is needed to efficiently resolve the dispute such as Online Dispute Resolution.]]>
<![CDATA[Legal Protection to Bank Customers Against Malware Trojan in Indonesia ]]>
<![CDATA[Steinly Liwong]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The purpose of this research is to describe clearly about the legal protection in the existing laws and regulations in Indonesia particularly about legal protection toward bank customers or consumers which domiciled in Indonesia against cybercrime which in this research focused on Malware Trojan attacks. This research also aims to know what are the rights and obligations of financial service business which in this research, financial service business known as banks who provided internet banking services so could be use by their consumers which known as bank customers. This research is using normative legal research method with qualitative data analysis method. This research is using primary data and secondary data which the data based on the library research and the interview results which only as an additional to support this research. After all data have been collected, these data will be analyzed. According to this research, it explained that the existing laws and regulations in Indonesia are not really effective to give legal protection especially for the bank customers and banks. Aside from that, banks as the financial service business and customers as the consumers are not doing their obligations which have been ruled in the existing laws and regulations in Indonesia.]]>
