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[Lehman Brothers: Sebuah Pembelajaran Restrukturisasi Bagi Indonesia ]]>
<![CDATA[F.Yudhi Priyo Amboro]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The experience of Lehman Brothers’ restructuring, one of the big companies in the United States, is an attractive reference for all parties, especially related to the restructuring process with formal legal proceedings. The restructuring of large companies in Indonesia uses outside of formal legal proceedings approach, hence it is potentially diverted by the debtor and then violate the interests of its creditors. This paper opens the discourse of the importance of restructuring carried out using formal legal proceedings, and therefore a formal procedure for restructuring needs to be made in accordance with Indonesian conditions.]]>
<![CDATA[Perbandingan Hukum Hak Cipta Fotografi Tanpa Izin Pencipta di Indonesia dan Amerika ]]>
<![CDATA[Rita Kusmayanti]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This research try to find out how to protect the law for the copyright owner of photography based on Indonesian National Law and America and how to solve effort if dispute happen. The type of research used in this study is normative research. A normative study undertaken or demonstrated only on written rules or legal materials. This normative research is often referred to as literature research or document study because it focuses more research on secondary data. This secondary data relates to the analysis of civil law regarding juridical review of legal protection to copyright holders of photography. Based on the results of this study it can be concluded that the government through Article 1 paragraph 1 UUHC. 28 Years 2014 affirms the Copyright Holder is the Creator as the copyright owner, while in UUHC America 1976 Tittle 17, Article 102 which is copyright protection for original authorship includes ideas, procedures, processes, systems, methods of operation, concepts, principles or invention, regardless of the form in which it is described, described, described, or manifested. That pursuant to those articles explains the author is the holder of exclusive rights and photography is a protected work.]]>
<![CDATA[Reliabilitas Lembaga Jaminan Fidusia dalam Sistem Hukum Jaminan Indonesia ]]>
<![CDATA[Alfis Setyawan]]>;
<![CDATA[Agustianto Agustianto]]>;
<![CDATA[Windi Afdal]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This study aims to: 1) review the reliability of the institution, fiduciary can access the creditor to pay the settlement of obligations from the debtor; 2) to find out the form of law (legal adjusment) that can be done in practices that cannot be overcome or have been minimized the contractor. The research was conducted using empirical legal research methods. In this empirical legal study, research is carried out by collecting primary data as secondary data supporting material. Primary data is obtained through structured and in-depth interviews with informants. Secondary data is obtained by reviewing the literature (library research) from primary, secondary and tertiary legal materials. Based on field studies and literature, primary data and secondary data are then processed and analyzed descriptively-analytically. Described descriptive data analysis techniques to provide an explanation of how to apply fiduciary institutions in Batam City. Meanwhile this research is also analytical because in the end it will question again how the relationship between legal principles that exist in the law can work in its social container. This study is expected to provide an explanation of the reliability of fiduciary institutions in Batam City. Reliability will be adjusted to the provisions that can be used with the fiduciary guarantee binding certificate and the quality of the fiduciary IS itself by using objects that can be used as creditors as an instrument for repayment of obligations. It is worth offering to find gaps hidden in the room that the creditor will do several things in preparing the binding of fiduciary guarantees. Based on this knowledge can be used and recommended with the legal policy in Indonesia.]]>
<![CDATA[Juridical Review Act no. 36 year 2009 about Health Related in Preventing the Spread of HIV/AIDS in Batam City ]]>
<![CDATA[Tiffany Tiffany]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The main goal to be achieved through this undergraduate final project research is to determine the level of health prosperity or welfare in the city of Batam related HIV/AIDS disease which must be one part of the implementation of Indonesia's national development. In an effort to advance the general welfare, health aspect is one of main aspect of implementation which become the main focus in national development effort. This research was conducted based on normative and empirical research with Non-Judicial Case Study. Data source used is primary data source and secondary data source. Data were collected by field study and literature study. After the data is collected, the Author processes and analyzes the data. Qualitative analysis is used to classify data based on the aspects studied. The conclusions illustrated relate to this study, then presented by the author descriptively. At the end of this study, after providing data related HIV / AIDS in Batam City. Of course, the author will explain the importance of making the Regional Regulations to increase legal awareness that can be a reference act in handling and tackling HIV / AIDS in the city of Batam.]]>
<![CDATA[Tinjauan Yuridis Perkawinan Suku Anak Dalam di Jambi Berdasarkan Hukum Adat dan UU Perkawinan ]]>
<![CDATA[Winsherly Tan]]>;
<![CDATA[Bulan Ayu Sari]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The Act No. 1 year 1974 concerning Marriage was born as government efforts to do legal unification for resolve legal uncertainty about marriage problems. One of which is indigenous people of Indonesia is Suku Anak Dalam who still implement their customary marriage law and rule out Act No. 1 year 1974 concerning Marriage has been positive law in Indonesia. Research methodology used is law research method juridical normative, 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. Once all the data is collected, the data 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 describe descriptively. Based on the result of research that has been done, there are some significant differences in Suku Anak Dalam customary marriage law with legal provisions on Act No. 1 year 1974 concerning Marriage. Then, Suku Anak Dalam customary marriage law although recognized based on Indonesia laws, however communities that runned customary law also must implement Act No. 1 year 1974 concerning Marriage. Need a law harmonization between customary law especially Suku Anak Dalam customary law with Act No. 1 year 1974 concerning Marriage.]]>
<![CDATA[Kedudukan Kekayaan Negara Yang Dipisahkan Pada Badan Usaha Milik Negara Dalam Perkara Tindak Pidana Korupsi ]]>
<![CDATA[Algio Fernando]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[State-owned enterprises in the form of Persero which in carrying out its business continues to develop, it is unfortunate until now there are still unclear provisions of the arrangement and often cause problems in relation to the element of state ownership of the assets of the Persero, especially if the Persero experienced losse. So it raises msalah concerning the status of state assets separated on state-owned enterprises in the form of Persero and the relationship between state assets separated on state-owned corporations with corruption in the case no. 1144 k / pid / 2006 and no. 414 / K / PID.SUS / 20114. This Research was conducted based on normative law using Normative Law Research method. The data source used is secondary data source. Data were collected by literature study. After the data is collected, the Author processes and analyzes the data. Qualitative analysis is used to classify data based on the aspects studied. The conclusions illustrated relate to this study, then presented by the author descriptively. Based on this research study, State Property Status Is Separated In State-Owned Enterprises There is no uniformity or disharmonization of legislation regarding the rules that govern UUKN State Wealth Is Separated In State-Owned Enterprises Persero still be the object of state finances but instead UUBUMN looked at the State's Wealth Separated In State-Owned Enterprises are separated from state wealth. The relationship between state assets separated from state-owned enterprises and corruption is closely related, law enforcement officials place the loss of SOEs in the public legal aspect (State finance) so that the rules follow the mechanism set forth in the State Finance Law and the Corruption Eradication Act. This is not in accordance with the theory of legal entities and the principles of corporate law]]>
<![CDATA[Penerapan Prinsip Customer Due Diligence Dalam Mencegah Tindak Pencucian Uang Di Pt Bank Artha Graha Internasional Cabang Batam ]]>
<![CDATA[Lendrawati Lendrawati]]>;
<![CDATA[Maninda Ayuwandari]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This research aims to find about the application of Customer Due Diligence (CDD) based on Bank Indonesia Regulation Number 14/27/PBI/2012 on the Implementation of the Anti-Money Laundering and Terrorism Funding Preventation for Public Banks in preventing acts of money laundering in PT. Bank Artha Graha Internasional Branch of Batam. This research uses research methods which constitute the normative conceptual legal research about application of Customer Due Diligence and follow up on prevention of money laundering. This research was compiled by using the juridical normative research type. The source of the data used are secondary data sources. After the data is collected, researcher processed and analyzes the data. So collect lageal materials, and describing in connected in such a way, then drawn the conclusion that answers the problems that have been formulated. Based on the research results and conclusions generated discussion, based on the PBI 14/27/PBI/2012, Customer Due Diligence is an activity form of identification, verification, and monitoring is done to ensure the the transactions are in accordance with the customer’s profile, which in its application is a process sustainability, which began at the opening of the account and its performed continuously during the customer has accounts in PT. Bank Artha Graha Internasional Brach of Batam. Then when the discovery of a suspicious financial transactions, the PT. Bank Artha Graha Internasional Brach of Batam has the obligation to report suspicious financial transactions to the PT. Bank Artha Graha Internasional Center for acted upon. Next, reported suspicious transactions to PPATK]]>
<![CDATA[Indonesian Legal Approach of The Implementation of Tax Amnesty ]]>
<![CDATA[Ferry Ferry]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The Purpose of this research is to see the implementation of the Tax Amnesty program in Indonesia and how will it be giving Advantages and Disadvantages to Indonesia. This final project produce some perspective from the author about what matters with the impact of this implementation of Tax Amnesty program to Indonesia from what are the reasons and purposes of this programs up to the reactions of all the citizens to this program. And in this final project, there will also be some other perspective from different parties such as lawyers, government, and also citizens that take part in the Tax problems. These research found that there are some conspiracy between how peoples react on the implementation of the program showing how they most likely disagree with the program and also from the other side. How government giving out their reason why they are still urging this program even though they know all the chaos going on in the public. This paper also produce arguments purely base on author’s idea of thinking and base on various of theories and mindsets from law experts, reasoning out that how author will judge the situation and all the cases took place in Indonesia regarding the implementation of Tax Amnesty program in Indonesia.]]>
<![CDATA[Legal Analysis Of Compensation Claim In Australia-Indonesia Maritime Delimitation Zone Belongs To Unclos 1982 ]]>
<![CDATA[Ninne Zahara Silviani]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Oil spill on the water column of the sea could rise a marine polluting and affect many aspects of living. The water column in Indonesia-Australia Delimitation zone which under Indonesia sovereignty is polluted when the montara offshore exploded and the oil spilled through the ocean and reached Indonesia coastal area in East Nusa Tenggara. Based on UNCLOS 1982, PTTEP Australasia has violated the Part XII of UNCLOS 1982 about protection and preservation of the marine environment and responsible for Sea polluting on the water column of Indonesia. Indonesian Government could prove the occurrence of marine pollution in Australia-Indonesia Maritime Delimitation zone that conducted by PTTEP Australasia and Indonesia government could submit a lawsuit and sue PTTEP Australasia to the Central Jakarta District Court due to oil spill polluting at Indonesia-Australia Maritime Delimitation zone belongs to UNCLOS 1982. This article showed the data of Indonesian researchers due to this pollutingand how Indonesia government has rights to submit a lawsuit against PTTEP Australasia and its mother company to Central Jakarta District court belongs to UNCLOS 1982.]]>
<![CDATA[State Liablity on The Southeast Asia Haze Incidents ]]>
<![CDATA[Frisca Delfia]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The purpose of this study is to carefully study the occurring haze incidents that had happened for decades in Southeast Asia yet no real resolution regarding the consequences of the State that causing the haze resulting from slash and burn method in clearing the forest. Indonesia is the country where the haze formed must held liable for its negligence to control the burning causing other countries to suffer the impacts in form of haze pollution. The Researcher interested to study about the term of state liability regarding this incident as ASEAN has its own treaty called the ASEAN Agreement on Transboundary Haze Pollution. This research adapted the normative law study by using the method of clinical law research. Secondary data sources used in this study and the data mining is done with literature study (library research). After all the data collected, the data is then processed and analyzed. To classify aspects of data studied the Researcher used the qualitative analysis. Furthermore, the conclusion of the research associated is drawn and described descriptively. This research showed the history of haze in Southeast Asia and how it formed as the resulted of uncontrolled slash and burn by the private companies located in Indonesia causing the haze that transported to other countries which in this case describe as transboundary. The final result of this research showed that Indonesia cannot be held liable as not one sanctions or fees mentioned in the agreement and imputability theory caused Indonesia could not held liable as it was the private companies act that caused the haze incidents throughout Southeast Asia.]]>
