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[Analisis Yuridis Tindakan Penyalahgunaan Izin Keimigrasian oleh Tenaga Kerja Asing di Kota Batam ]]>
<![CDATA[Lu Sudirman23]]>;
<![CDATA[Eva Dian Sari]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[With the increasing foreign investment in Batam City is also a consequence of the increase in the number of foreign workers who enter the Batam City. In recent years, the situation of illegal foreign workers in Indonesia has increased. Therefore, the authors doing research about Juridical Analysis Against the Misuse of Immigration Permits by Foreign Workers in Batam City with great hope to expand knowledge and be used as guidelines for society or government. The final project of this thesis aims to know the provisions and requirements that must be fulfilled by employers and foreign workers who will be employed within the territory of the Republic of Indonesia, to know the consequences and legal consequences for foreign workers who misuse immigration permits in Batam City, and to analyze factors and the impacts arising from the misuse of immigration permits by foreign workers in Batam City. The research method used by the authors in the preparation of this research is the empirical normative is to conduct literature research on the applicable Legislation and analyze the supporting data from relevant agencies on the issues discussed in this study. Based on the results of research conducted by the authors can be concluded that against foreign workers who misuse immigration permits in Batam City will be deported and deterrenced with a period of no more than 6 (six) months and the removal of IMTA for employers who employ illegal foreign workers. As for several factors that cause the increasingly illegal foreign workers in Batam City such as the implementation of policies that have the potential to bring out illegal foreign workers; supervision conducted not yet maximal; as well as non-compliance of employers to the prevailing regulations that will result in the impact of increasing unemployment, the increasing crime and increasing misuse of drugs in Batam City.]]>
<![CDATA[Analisis Yuridif Pelaksanaan Eksekusi Jaminan Bank Menggunakan Parate Eksekusi Ditinjau dari Undang-Undang Nomor 4 Tahun 1994 ]]>
<![CDATA[Agustianto Agustianto]]>;
<![CDATA[Jesicha Octavia]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Collaterals are the only factor that is used to assess in determining the size of the loan, which is often encountered in the banking world is usually a lot of debtors who pledge the land certificate as collateral for the disbursement of funds from creditors. Land certificate is an object of guaranteed from the Mortgage Right that if the debtor can be executed directly by the creditor if the debtors can’t pay the debt under Article 6 UUHT (parate execution) but its implementation is still hampered by the need to request court case. In conducting this research, researchers used a type of normative legal research where research focused on assessing the application of norms or norms in positive law about the right of dependents by using statutory approach and case approach. Data analysis which applied in this Thesis Research is by qualitative data analysis. The point is an analysis based on the data obtained, then developed into a hypothesis. Parate Execution of Dependent Rights under article 6 of the Mortgage Rights Act has an important role in resolving non-performing loans. Parate execution of mortgages acts as an alternative to an effective and efficient non-performing loan settlement compared to execution through the district court. The barriers that occur in execution of mortgage rights by using parate execution is the execution parate execution is still not optimal because there is still doubt from the creditor related procedural to the legal standing of execution under section 6 of the Mortgage Rights Act.]]>
<![CDATA[Tinjauan Yuridis Penerapan Notifikasi Akuisisi Sebagai Upaya Pencegahan Persaingan Usaha Tidak Sehat ]]>
<![CDATA[Florianus Yudhi Priyo Amboro]]>;
<![CDATA[Hermanto Hermanto]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The main goal of the notification of acquisition is as prevention effort of unfair business competition practice. This research was conducted to analyze implementation of notification on acquisition as an effort to prevention, analyzes role of Komisi Pengawas Persaingan Usaha to assess and analyzes notification assessment standards was done with notification on acquisition. Case approach that used for this research is acquisition Axis by XL Axiata and acquisition Lafarge by Holcim. Research methodology used is juridical normative. Research normative juridical use of law primary, secondary and tertiary and using data primary. To obtain the data used method of literature study and interview. But the approach used in this research is the approach cases and statute approach. Based on the results of research that has been done so in reality the implementation of the notification is an effort to prevent monopolistic practices and unfair business competition. But the implementation of the acquisition notification is not currently reflecting the efforts to prevent, this can be seen from opinion of Komisi Pengawas Persaingan Usaha related acquisition Axis by XL and acquisitions Lafarge by Holcim. A technical an appraisal that stipulated in the Peraturan Komisi Pengawas Persaingan Usaha Nomor 3 Tahun 2012 has not given the head of house of the efforts to prevent.]]>
<![CDATA[Tinjauan Yuridis terhadap Kompetensi Hakim Praperadilan dalam Membatalkan Status Tersangka Tindak Pidana Korupsi ]]>
<![CDATA[Eko Nurisman]]>;
<![CDATA[Lisbet Purba]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The purpose of this study was to analyze the juridical basis of the competence of the Pre Trial judge in cancelling suspect status and the legal basis in cancelling suspect status. Especially in this study case of the court case Number 97/Pid.Prap/2017/PN.Jkt.sel, pretrial filed by Setya Novanto. This study is reviewed from the relevant legislation, Regulation Number 8/1981 about Criminal Procedure Code (KUHAP). In this research, the metedology that used is law juridical normative research. The data was used by secondary data obtained from literature studies (library research). And then, after data was collected completely then it will be processed and analyzed, the analysis was used qualitative method, it means by using collecting data on the aspects studied. Further, the conclusion is related to this research, then described descriptively. Based on this research, the result obtained by the researcher from 2 (two) formulation of the problem, concerning of the Competence of Judge in Canceling Suspect Status of Setya Novanto and Judge Consideration Base in Canceling Suspect Status of Setya Novanto based on Decision No.97/Pid.Prap/2017/PN.Jkt.Sel., that the judge does not have the authority or competence to cancel the status of person’s suspect because it is not regulated in the law and also contradictory to Article 77 KUHAP. The judge in pretrial Cepi Iskandar by giving the decision has exceeded his duties and authority that had been regulated in KUHAP.]]>
<![CDATA[Roya Partial Jaminan Hak Atas Tanah dalam Perjanjian Kredit di Bank Berdasarkan Undang-Undang Nomor 4 Tahun 1996 ]]>
<![CDATA[Lendrawati Lendrawati]]>;
<![CDATA[Hirit Hastari]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Responsibility Rights Law is the unification in the collateral institutes in Indonesia. The establishment of this responsibility rights obliged to be registered as well as the dilation of of Responsiblity Rights. Responsibility Rights dilation is folowed by the enforcement of writng off the Responsibility Rights that can be done with dilation and Partial Dilation as prepared in in Article 2 of Undang-Undang Hak Tanggungan (Law of Responsibility Rights). But the validity of Regulation of State Minister of Agriculture Number 3 Year of 1997 is very contrary to the Dilation and Partial Dilation Stipulation as provided in Article 2 Law of Responsibility Rights. Of course this situation causes some problems, because there are difference arrangements in conducting dilation upon Responsibility Rights encumbering. In this research it will be discussed the enforcement of partial Dilation of Responsibility Rights in the practice that occurs in Batam after the validity of Regulation of State Minister of Agriculture/ Head of National Land Form Number 3 year of 1997 and the constraints faced by Landform Office in Batam in the enforcement of Partial Dilation of Responsibility Rights after the validity of Regulation of State Minister of Agriculture Head of Natiaonal Landform Number 3 Year of 1997. The Research Method applied in discussing the topic of this skripsi is the juridical - empirical approach through the collection of primary and secondary data. Research is done on parties involved in the Roya Partial process, i.e. the Notary/ Land Deed Official (PPAT), Banking Institution, and the Land Office of Batam City.]]>
<![CDATA[Tinjauan Yuridis terhadap Pelaku Tindak Pidana Penyebaran Uang Palsu ]]>
<![CDATA[Eko Nurisman]]>;
<![CDATA[Stella Monica]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This research is expected to understanding how the Judge considerates the sanctions to criminals who counterfeit money. As well as the ways to prevent the crimes in counterfeiting money. The normative empirical method is used in this research, which is a research method that collects the data based on the regulations and written laws, the literature of study and supported by the interview’s results as the supporting data. The data then will be analyzed, arranged and be explained descriptively for gaining the conclusions from that data analysis result. The conclusion of this research is that the Judge will use three theories to give judgment for counterfeit money criminal. The theories such as Absolute Theory, Relative Theory, and Mix Theory. This kind of case can use the Preemptive, Preventive, and Repressive efforts to prevent the counterfeit money act.]]>
<![CDATA[Pelaksanaan Perjanjian Kerja Waktu Tertentu di Lim Siang Huat Group ]]>
<![CDATA[Winsherly Tan]]>;
<![CDATA[Akbar Putra Jako]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Work agreements has substantial benefits to the parties. This should be realized because a work agreement created and adhered to properly will be able to create a job of peace and guarantee the certainty of rights and obligations for both workers and employers. The problem in this research is that there are still violations committed by the entrepreneur, Lim Siang Huat Group to the workers regarding the provision of certain time work agreement that is not in accordance with Act Number 13 Year 2003 on Manpower. The type of research used by the author is empirical law research, then the type of data used is Primary Data as the main data and Secondary Data as supporting data. Primary data used by the author in the form of observation and interviews at the Disnaker Batam Office, and of course Lim Siang Huat Group which is the focus on this research. Based on the results of this study it can be concluded that there are still violations committed by the entrepreneur, Lim Siang Huat Group against workers regarding the provisions of work agreement for a specified time not in accordance with Article 59 of Act Number 13 Year 2003 on Manpower. Based on that article, if there is any violation, a work agreement for a specified time by law shall be changed into a work agreement for an unspecified time.]]>
<![CDATA[Analisis Yuridis Perjanjian Kawin Pasca Perkawinan Berdasarkan Putusan Mahkamah Konstitusi Nomor 69/Puu-Xiii/2015 ]]>
<![CDATA[Winsherly Tan]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This undergraduate final project criticizes about the post nuptial agreement, where before the decision of the Constitutional Court Number 69/PUU-XIII/2015 the marriage agreement can only be made before the marriage takes place. The purpose of this study is to determine the legal consequences of making a marriage agreement after marriage and the legal protection against third parties. This research is legal research with normative method, that is literature study and supported by interview result as supporting data. The data has been collected and then processed and analyzed, then prepared and described descriptively by taking conclusions from the results of data analysis. The results obtained from this study are the post-marriage agreement applicable to the parties making the marriage agreement and related third parties, as a result of the law arising out of the marriage agreement after marriage. Third parties must obtain legal protection in all matters related to the marriage agreement after marriage through preventive and repressive action.]]>
<![CDATA[Hak Waris Anak Adopsi Ditinjau dari Kuhperdata dan Hukum Waris Adat Tionghoa di Kota Tanjungpinang ]]>
<![CDATA[Florianus Yudhi Priyo Amboro]]>;
<![CDATA[Suriani Suriani]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Pluralism Inheritance Law in Indonesia is recognized with different legal systems which are based on Indonesian Civil Code, Islamic Law and Customary Law. The implementation of the adoption with a difference rules raises different legal consequences in the case of inheritance. Chinese society basically applies Indonesian Civil Code meanwhile have the rights over the choice of law to apply the Customary Law. The issue was discussed regarding the setting up and implementation of child adoption observed from Indonesian Civil Code (Burgerlijk Wetboek) and Chinese Customary Law. The purpose of this research was conducted to find out the rules and implementation inheritance for child adoption and directs the society in the determination of the appropriate law in the implementation of the inheritance distribution. The method of research conducted by the author is normative legal research by conducting data collection techniques by means of the study of librarianship and interviews. Furthermore, data analysis is done by descriptive qualitative way to solve those problems in research. The results of the research are the child adoption has the rights to inherit adoptive parents’ heritage with the same portion along with the other heirs based on Burgerlijk Wetboek. Inheritance of Chinese Customary Law applies the principle of semi-parental with child adoption get a part smaller than the other heirs except there is another provisions attached to each family depending on the decision of the deceased by observing the condition or the child adoption’s behavior in the family.]]>
<![CDATA[Analisis Perlindungan Hukum terhadap Konsumen Pengguna Jasa Ojek Online di Kota Batam ]]>
<![CDATA[Alfis Setyawan Setyawan]]>;
<![CDATA[Deeky Agus Sufandy]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The development of today's advanced and sophisticated communications technology also provides changes in the field of transportation with the utilization of applications to facilitate the ordering. Ojek transport online is currently growing rapidly in major cities in Indonesia including Batam City due to the convenience or practicality provided in various services that continue to be innovated by service providers tailored to the needs of service users. This research was conducted by using normative-empirical law research method. Normative-empirical legal research uses secondary data and also adds primary data. Secondary data in this research is data obtained from library materials and primary data obtained from the source of ojek online application company in Batam (Go-Jek Batam City). The data have been analyzed using qualitative descriptive method. The result of this research is the legal relationship between the consumer as the user of the ojek transportation service online with the business actor form of an electronic agreement, the legal responsibility of the online motorcycle company relates to the presumption based responsibility, while the legal responsibility of the motorcycle driver online is related to the principle of responsibility based on the element of mistake and the principle of presumption to always be responsible, the legal protection of the consumer as the user of the transportation service ojek online in Batam City by providing protection for its consumers in terms of security, safety and comfort and protection of the rights of victims (consumers of service users).]]>
