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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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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 11 Documents
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Search results for , issue "Vol 21 No 2 (2019)" : 11 Documents clear
Tinjauan Yuridis Pemungutan Liar di Jembatan Barelang Kota Batam berdasarkan Peraturan Daerah Kota Batam Nomor 3 Tahun 2018 Tentang Penyelenggaraan dan Retribusi Parkir Tantimin Tantimin; Elvi Elvi
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.669

Abstract

This Final Project Research aims to analyze and find out the collection of parking at the Batam City Barelang Bridge including illegal collection and to describe the role of the Batam City Transportation Agency in implementing or enforcing Batam City Regulation Number 3 of 2018 concerning Parking Management and Retribution. The research methodology used by the author is empirical legal research by examining the results of observations and interviews and is supported by legal theories and legislation in force in Indonesia. The type of data used is primary data as primary data and secondary data as supporting data consisting of primary, secondary and tertiary legal materials. This Legal Research is analyzed descriptively qualitatively. The results of the study that the authors obtained from observations and interviews were then reviewed from the theory of Economic Development according to Anwar that the tariffs for parking at the Batam City Barelang Bridge provided were not in accordance with Batam City Regulation Number 3 of 2018 concerning the Implementation and Retribution of Parking and Previously the City Transportation Agency Batam insists there are no rules that specify parking fees for tourist areas and the Batam City Transportation Agency as the related agency appointed by the Batam City Government to play an important role in Implementing or Enforcing Batam City Regulation Number 3 of 2018 concerning Implementation and Retribution of Parking Limitation as the Regulator, Facilitator, and Dynamicsator
Tinjauan Yuridis Pelaksanaan Pemutusan Hubungan Kerja Secara Sepihak oleh Perusahaan Menurut Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan (Studi Kasus Putusan Mahkamah Agung Republik Indonesia Nomor 277 K/Pdt.Sus-Phi/2017) Putri Andini; Reny Septiani
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.677

Abstract

Termination of employment should not be carried out unilaterally or arbitrarily, because termination of employment occurs due to certain reasons that cause a worker to escape from a work agreement and responsibility as long as he is bound by a work agreement from the company where he works. But in its implementation there are still many unilateral termination of employment. The purpose of this study is to analyze the legal protection of workers who are unilaterally terminated by the company and analyze the judges' consideration of cases of unilateral termination based on the Decision of the Supreme Court Number 277 / K / Pdt.Sus-PHI / 2017. The research methodology used is normative juridical. Normative juridical research uses primary, secondary and tertiary legal materials and uses primary data. To obtain the data used library study methods and interviews. The approach used in this study is the case approach and the legal approach. Based on the research that has been done, it is found the legal fact that the unilateral termination of employment is not permitted by the company. Termination of employment must obtain a determination from an indutrial relationship dispute settlement institution and Law No. 13 of 2003 has provided legal protection for workers in accordance with the theory of legal protection proposed by Philipus M. Hadjon. In addition, the Supreme Court of the Republic of Indonesia in Decision Number 277 K / Pdt.Sus-PHI / 2017 has decided the case in accordance with the provisions in the legislation.
Tinjauan Tentang Tugas dan Wewenang Balai Pengawas Obat dan Makanan (BPOM) di Batam Terhadap Peredaran Kosmetik Berbahan Kimia Berbahaya di Kota Batam Alfis Setyawan; Merry Mitha Sari
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.663

Abstract

The purpose of this research is to find out the Duties and authorities of the Food and Drug Supervisory Agency (BPOM) in the supervision of the circulation of cosmetics made from hazardous chemicals in Batam so that it can be known the forms in the implementation of supervision and the factors that impede the supervision process carried out by the Balai POM. This research method uses a type of empirical juridical research by conducting interviews with Balai POM Officers and interviews with Business Actors and supported by the provisions of the Act relating to the supervision of the circulation of cosmetics made from hazardous chemicals which are then compared with facts that occur and analyzed descriptively. Duties and authorities obtained by the Central Bureau of Drug and Food Control directly from the Law to examine and act on distribution facilities that commit violations still do not produce public output in accordance with applicable legal regulations, there are obstacles that impede the implementation of supervision and enforcement so that they have not reached conformity between regulations and business actor behavior.
Efektivitas Ombudsman Provinsi Kepulauan Riau sebagai Lembaga Pengawas Pelayanan Publik di Batam Emillia Dwi Setiawati Sianipar
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.673

Abstract

The presence of the Ombudsman of the Republic of Indonesia is expected to be able to oversee the delivery of public services for the realization of an effective and efficient, honest, clean, open state administration and free from corruption, collusion and nepotism. However, has the supervision of the Ombudsman of the Republic of Indonesia in particular in Batam been effective? The purpose of this study is to analyze the problem factors and provide solutions to overcome the problems of the Ombudsman of the Republic of Indonesia Representative of the Riau Islands Province in completing reports and efforts to prevent maladministration in Batam City. By using the Law Effectiveness Theory by Soerjono Soekanto and Empirical Legal Research Methods through observations, interviews and questionnaires as the main data source and literature study as supporting data sources, the research results are obtained that the supervision of the Ombudsman of the Republic of Indonesia Representative of the Riau Islands Province in Batam City has not been effective . Problem factors of the Ombudsman of the Republic of Indonesia Representatives of the Riau Islands Province in overseeing public services in Batam City, namely: lack of human resources, lack of budget, lack of report identification, legal uncertainty, lack of support for public service providers, lack of coordination and cooperation between the Ombudsman and public service providers and lack of public awareness. Based on these problems, the researcher's suggestion as a recommendation is that the duties and functions of the Ombudsman run more effectively in accordance with the mandate of the Law, namely: by revising UUORI and implementing regulations for legal certainty, adding to the budget of the Indonesian Ombudsman Representative of the Riau Islands Province, Improving Quality RI Ombudsman HR Representatives of the Riau Islands Province, held cooperation with public service providers, and actively held socialization to the community.
Tinjauan Kriminologis terhadap Tindak Pidana Pemerkosaan yang Dilakukan oleh Ayah terhadap Anak Kandung (Studi Kasus Putusan Pengadilan Negeri Batam Nomor: 774/PID.SUS/2017/PN BTM) Eko Nurisman; Samuel Tan
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.666

Abstract

This thesis studies the criminological review of rape done by father towards biological children (study case no.774/Pid.sus.2014/PN.BTM) where in this study aims to find out three things, first to find out the factors that cause criminal measures rape acts committed by father against biological children, secondly to find out the application of criminal in decision no.774/Pid.sus/2017/PN.BTM about the rape of biological children, and thirdly to find out the efforts to deal with crime against rape committed by the father of the biological children.This thesis report is prepared using normative research methods while the data is obtained through secondary data. Then the data obtained were analyzed qualitatively so as to reveal the expected results and conclusions of the problem. In this thesis, the researcher finds that the main factor influencing the occurrence of rape of biological children is the opportunity that is obtained by the offender so that he can easily satisfy his lust desires, so that the perpetrator must obtain a criminal that is worthy and as fair as possible with the act that the perpetrator has committed against his child. Not only focused on criminal convictions, there are preventive measures that must be done so that these actions can be reduced even if they do not happen again such as instilling good and educative values ​​to the community and conducting socialization, seminars and counseling to the community.
Analisis Yuridis terhadap Penerapan Hak Cipta sebagai Objek Jaminan Fidusia dalam Pemberian Fasilitas Kredit pada Perbankan di Kota Batam Agustianto Agustianto; Yeny Sartika
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.674

Abstract

The application of copyright as an object of fiduciary collateral in the world is still constrained by several obstacles. So that until now there are still no financial institutions that carry out these provisions. Because the financing institution has only received movable and tangible material objects that can be seen directly and have high economic value. This can guarantee the credit taker / debtor fulfills the performance in accordance with the credit agreement agreed upon by the parties. However, copyright regulations have allowed copyrights to be tied to fiduciaries. Because copyright contains elements of economic rights. The research method used in the study is empirical, supported by the results of interviews with several speakers among notaries, lawyers and legal consultants, financial institutions (commercial banks and BPR), and the Regional Office of Menkumham, the primary data from this study. As well as to strengthen the opinions of the resource persons to disburse supporting data through library studies as secondary data. After collecting all the managed data and analyzing using a qualitative method that is classifying each data obtained in accordance with the research aspects. Finally draw conclusions by describing them descriptively. Guided from this research the results obtained are copyright as objects of fiduciary security constrained by the absence of copyright as one of the collateral for loans in Bank Indonesia Regulations, and the Fiduciary Guarantee Act regarding the regulation of intangible moving objects is less significant. In addition, there is no valuation institution that serves to assess the economy owned by a copyright.
Analisis Implementasi Peraturan Daerah Nomor 6 Tahun 2002 Menangani Jumlah Gelandangan dan Pengemis di Kota Batam Lu Sudirman; Shinta .
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.667

Abstract

This research was conducted to find out the implementation of Regional Regulation Number 6 of 2002 in dealing with the problem of Homeless and Beggars. The high level of poverty is one of the main factors in the emergence of homeless and beggars, they are considered to disturb public order and the beauty of Batam City. Therefore, this problem must be surmounted immediately. This research uses empirical research methods, where research material is obtained directly from the facts that occur in the field. Furthermore, the Writer makes comparisons of written regulations, theories, journals obtained through library materials. Then the data analysis method used is the analysis of qualitative data by developing concepts, theories, legislation and comparisons of their implementation, then connecting with the facts that occur in the field. In this research it can be concluded that the legislation does not fully provide legal certainty if it is not supported by the correct implementation. It is very necessary for the role of law enforcement officials to overcome this problem and oversee the existence of homeless and beggars. However, supervision and guidance efforts carried out by the Social Service could not work effectively, the lack of support from the society of Batam City was also one of the obstacles. It is expected that the prevention efforts can eradicate the number of homeless and beggars so that they can improve social welfare in Batam City.
Pemenuhan Hak Kebudayaan dan Kepariwisataan Wisatawan Penyandang Disabilitas Fisik di Kota Batam Winsherly Tan; Annisa Putri Sabila Hasibuan
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.675

Abstract

Batam is rapidly developed nowadays. There are factors that might effect the growth. The effort of promoting tourism and cultural programs, and the envolvement of tourism parties, are made to attract more tourists to visit Batam. However, beside the growth of tourisms itself, the government and responsible parties are laxing to provide and maintain good facilities for tourists. Because, tourist has their own right as a tourist, which is regulated in Undang-Undang Republik Indonesia Number 8 Year 2016 about Person with Disabilities, and it is called the cultural and tourism rights. Therefore, this dissertation is aimed to find out about the tourist visits potency in Batam, and to find out about what’s the real obstacles, faced by both people with disability (phiysically) and the government, due to the effort of fulfilling cultural and tourism rights. The writer is using the empirical method in analyzing the collected data, where the data itself was collected while doing the interview or observation. Then, the writer describe the matters in tie with regulations. By then, it can be seen that the tourism potency of Batam is great, but unfortunately, data lacking toward disabilities show that the government has not yet put the issue in the first place. The problems is now remain unidentified as the data was out of record. So, the government efforts in the future with both tourism business field persons and nearby community is now concerned and hopefully can improve the quality of accessibilities that has been built, in progress, or will be built in the future.
Efektivitas Peranan Majelis Pengawas Daerah (MPD) Kota Batam dalam Penegakan Kode Etik Berdasarkan Undang-Undang Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris (Studi Lapangan Di Kota Batam) Johnson Wijaya; Diana Diana
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.668

Abstract

The implementation of this research was carried out with the aim of knowing the concept of the application of supervisory by the investigator and the effectiveness of the application of the diversion to the Notary who violated the Notary code of ethics in the Batam city area. This research was carried out by the author using empirical legal research methods because in this study the authors used primary data that the author obtained from the Notary investigator, especially in the Batam City Regional Supervisory Assembly unit through interviews and collecting data relating to cases that occurred in the field then the authors review it using the theory of legal effectiveness that was presented by legal expert Soejono Soekanto on the application of diversions that have been carried out within the Batam City area and the authors also review using secondary data in the form of several literature literature and legal science books relating to the subject matter which the author carefully in this thesis. Based on the results of the research that the author has done, it can be concluded that the application of sanctions by the Supervisory party at the investigation stage is still considered to be not fully effective as reviewed based on the theory of legal effectiveness presented by legal expert Soejono Soekanto
Hubungan Hukum Pekerja dan Keberlakuan Peraturan Perusahaan dalam Perusahaan Konglomerasi Windi Afdal; Carina Tan
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.676

Abstract

This thesis reviewed about the legal relations of workers and the enactment of company regulations in conglomeration companies if contract of the workers in the parent company are transferred to other subsidiaries which are conglomeration companies with equal ownership or the existence of a very special relationship. The role of company regulations is very important in resolving industrial disputes where the existence of company regulations in every company in a conglomeration company will guarantee the rights between workers and the company in writing. In this thesis, Researcher finds that conglomeration companies include PT. AG, PT. TMI, PT. GCS and PT. KTI, that the Company Regulations are only owned by the First Company, which is PT. AG, but not owned by others. Then Researcher found out that the employees which status is PWKTT who had worked 3 years in the First Company were transferred by the management of the conglomeration company to the Next Company to avoid the status of PKWT.

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