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Winsherly Tan
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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 7 Documents
 1 
Search results for , issue "Vol 21 No 1 (2019)" : 7 Documents clear
ANALISIS YURIDIS TINDAKAN PENYALAHGUNAAN IZIN KEIMIGRASIAN OLEH TENAGA KERJA ASING DI KOTA BATAM Eva Dian Sari; Lu Sudirman
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

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.
TANGGUNG JAWAB KEPERDATAAN RUMAH SAKIT TERHADAP TINDAKAN DOKTER YANG DILAKUKAN DI BAWAH STANDAR PELAYANAN KEDOKTERAN DI KOTA BATAM Aldo B.Wira Hatta; Alfis Setyawan
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The scientific research that the author did, aims to analyze how the legal relationship between doctors and hospitals in carrying out medical practices and the responsibility of the Civil Hospital for the actions of Doctors who practice under the Medical Service Standards. The research methodology that author use is the type of normative and empirical legal research, as the author uses the primary data that the author gets through interviews with several hospitals in Batam City and several doctors and secondary data obtained from library references. The results of the research that I have obtained from the interview method and literature study regarding the legal relationship that exists between the Hospital and the Doctor can be a work relationship or partnership relationship. Against these health services, it is not uncommon to find obstacles faced by hospitals and doctors, especially those operating in the city of Batam. The obstacle is in the form of a claim for compensation suffered by the patient for the action of the Doctor in providing services to patients under the standard of medical services. Against the civil lawsuit filed by the patient raises civil responsibility for the doctor who can also involve the Hospital to take responsibility for the doctor's actions based on Article 1367 of the Civil Code as well as Article 46 of Law Number 44 of 2009 concerning Hospitals, related to the legal responsibility of the hospital for losses incurred for negligence carried out by health workers at the Hospital. Thus a medical dispute arose which doctors had to face as well as the Hospital
Problematika Pendaftaran Merek Untuk Usaha Mikro, Kecil dan Menengah di Kota Batam F.Yudhi Priyo Amboro
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The growth of Micro, Small, and Medium Enterprises (MSMEs) in Batam City is quite significant every year, but it is not directly proportional to the awareness of MSME owners to register their brand. This study is purposed to reveal the problems that occur in brand registration for MSMEs in Batam City, and then giving a solution to solve the problematic deadlock that arises. This research is empirical juridical research. The author got research data, both primary and secondary, then processed them with a qualitative approach that was supported by deductive thinking. The results of this study are able to reveal the problem of brand registration for MSMEs in Batam City which become an obstacle, namely difficult to access the brand registration information, differences in brand registration information, there are not many brand registration officers, and problems regarding understanding to the need for MSME permits. The solution to these problems can be solved not only by the government but also by other parties involved, especially those who have the potential to disseminate the information concerning the registration of brands and MSMEs.
TINJAUAN YURIDIS TERHADAP PERIKATAN DALAM METODE PEMBAYARAN DIGITAL PENYEDIA JASA TRANSPORTASI ONLINE BAGI PENGGUNA JASA Shenti Agustini
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Globalization has basically been implemented in cyberspace, which connects all digital societies or those who often use the internet in their daily activities. Transportation development also includes the method of ordering and payment of transactions for transportation services. In the past, transportation service users ordered via telephone and then paid in cash. In its current development, there are transportation that can be ordered and paid for in a darling (online) system that connects passengers with car drivers through a mobile application In order to answer the problems in this study, the author uses a type of normative research supported by primary data obtained by the author from interviews with various sources. According to observations made by the author, the provider of transportation services with a digital payment system under the auspices of the limited liability company Dompet Anak Bangsa is not fulfilling the terms and conditions to secure the balance (money) owned by users of transportation services with the digital payment system. This situation has a correlation with the results of the author's interview discussed above. Other parties who do not have the right to access the digital payment system and access the balance held by users of transportation services with digital payment systems. Therefore, digital providers of transportation services should also be responsible for reducing the balance of digital payment systems owned by service users because of anything. The intended liability due to the reduction in balance is very detrimental to the service user and the balance is reduced in the digital payment system provided by the service provider. Although this problem is also a criminal offense that can be reported to the police because it is related to cyber crime.
UNSUR ACCIDENTALIA DALAM PEMBELIAN ONLINE PRE ORDER DIKAITAN DENGAN ASAS KEBEBASAN BERKONTRAK Yudi Kornelis
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

In the online purchasing pre order system is usually carried out in an agreement between the seller and the buyers, but frequently an agreement which are based on the freedom of contract principle was not pay attention to elements that should appear in an agreement, which are elements of accidentalia. The method used in this research is descriptive analytical through a normative approach based on applicable law principles, concepts and norm and law theories related to juridical facts that is relevant with the analyzed legal issue. The result of this research it can be concluded that the failure to apply the accidentalia element in online agreement pre order led to the birth of a exemption clause that could harm either party, but with the principle of freedom of contract agreements with standard clauses basically not prohibited by law for a seller that outlines the terms in accordance with they wishes as outlined in the agreement such standard does not violate morality, public order and violate laws and forms of legal protection for the injured party by performing the compensation payment to be paid by the seller to the buyer resulting from errors.
EFEKTIFITAS BASYARNAS DAN PENGADILAN AGAMA SEBAGAI LEMBAGA PENYELESAIAN SENGKETA ASURANSI SYARIAH DI INDONESIA Winda Fitri
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study is to describe clearly and carefully about the process of dispute resolution on Sharia insurance in Indonesia referring towards law regulations and to acknowledge the law-effectiveness of BA-SYAR-NAS and the Religious Court as the institutions with equal authorities for Sharia insurance dispute settlement in Indonesia. The research method applied on this study is sociological legal approach. The data utilized are secondary and primary data. After the entire data have been collected, they were being processed and analyzed. The qualitative method were used to analyzed aspects as they were studied. Furthermore, the conclusion was drawn according to this study, alongside a descriptive elaboration. Based on the result of this research-study, it has been accounted that the process of dispute resolution of insurance could be settled by two legal institutions. According to the theory of the “Effectiveness of Law” by Soerjono Soekanto, BA-SYAR-NAS is more effective in terms of settling the dispute of Sharia insurance corresponding to the court principles of simple, efficient and low-cost. Nevertheless in reality, that the legal culture of the society leans more towards the Religious Court.
Analisis Perlindungan Hukum Terhadap Nasabah Korban Kejahatan Penggandaan Kartu ATM Pada BCA Kantor Cabang Pembantu Penuin Batam Lendrawati Lendrawati; David David
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This research was carried out by researcher starting from the skimming cases that occurred among banks in Indonesia, one of them in BCA, especially BCA Penuin Sub Branch Office, Batam City. This study aims to explain the procedures for handling victims of ATM card duplication crimes and analyze what legal protection can be received by customers who are victims of ATM card duplication at the BCA Penuin Sub Branch Office. Researcher used normative juridical legal research methodology with using secondary data, among others, obtained from literature studies and interviews. After all data is collected, then the data is then filtered and analyzed, the analysis is used qualitatively by classifying the aspects studied. Then conclusions are drawn relating to this research and described descriptively. Based on this research, the results were reviewed by the researcher from 2 (two)formulation of the problem. Research is expected to be useful to provide insight for all people in Indonesia.

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