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[Aspek Religius dalam Pembaharuan Hukum Pidana melalui Politik Hukum Nasional ]]>
<![CDATA[Brian Septiadi Daud]]>;
<![CDATA[Awaluddin Awaluddin]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4334
<![CDATA[The purpose of writing is to see about the Indonesian National Law System which is based on Pancasila, especially precepts I, and also to see the accommodation of religious aspects in carrying out Criminal Law Reform through National Law Politics. The research method used in this paper is normative juridical research. The results of research in creating a Pancasila-based legal system can be carried out by applying the juridical-religious principle (for the sake of justice based on divinity) not just a formality of decisions but a substantive / material justice. Then also the paradigm of legal thinking from positivistic to positistic-empirical, which is necessary to make genuine science and law enforcement more useful, including the use of a holistic approach by taking into account the conditions of society. And in carrying out a good reform of the National Criminal Law, it is better to look at religious-based aspects / values and create policies that are in accordance with society in general.]]>
<![CDATA[Contempt of Court dalam Pelaksanaan Putusan PTUN: Suatu Perbandingan Indonesia dan Prancis ]]>
<![CDATA[Fajar Rachmad Dwi Miarsa]]>;
<![CDATA[M Zamroni]]>;
<![CDATA[Ahmad Heru Romadhon]]>;
<![CDATA[Cholilla Hazir Adhaningrum]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4351
<![CDATA[The aim of comparing the TUN judicial system in France with the Indonesian state is to provide an analysis of the competence of state administration justice in France (its administrative court), particularly regarding the administrative or technical implementation of the judiciary. This can provide direction for the ius constituendum in the competence of the Indonesian State Administrative Court, as well as explain contempt of court actions in the implementation of TUN Judicial decisions between Indonesia and France. The research was conducted using a normative juridical approach and has a literary nature. The Indonesian state administration court system still expects an ius constituendum regarding contempt of court regulation. The French state is known as a country that has judicial authority in the world so that the French state does not recognize contempt of court in the application of the TUN court decision.]]>
<![CDATA[Perlindungan Merek sebagai Hak Kekayaan Intelektual: Studi di Kota Semarang, Indonesia ]]>
<![CDATA[Wizna Gania Balqis]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4360
<![CDATA[The products produced by the creative economy will never be separated from the intellectual property in it, especially brands. However, the problem is that there are still many creative economy actors who do not register their product brands. This study uses a socio-legal research method with a statutory approach and a sociological approach. The results of this study indicate that a new brand will occur after the brand has been registered. Legal protection for creative economy product brands can be in the form of preventive protection and repressive protection. Preventive protection is provided by preventing the occurrence of trademark infringement to encourage trademark owners to register their trademarks to be legally protected. Meanwhile, repressive protection is carried out to deal with violations of trademark rights under applicable laws and regulations through judicial institutions and other law enforcement officers such as the police, Civil Servant Investigators, and the prosecutor's office to take action against violations of trademark rights. In the case of a request for violation of trademark rights, it is filed through the Ministry of Law and Human Rights.]]>
<![CDATA[Role in the Forest Village Community-Based Forest Management Sustainable Development ]]>
<![CDATA[Sandy Kurnia Christmas]]>;
<![CDATA[Marzellina Hardiyanti]]>;
<![CDATA[Syailendra Anantya Prawira]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4387
<![CDATA[The Village Forest Society Institution is present on the basis of the existence of a Joint Community Forest Management (CBFM) program from one form of Corporate Social Responsibility (CSR). This PHBM policy seeks to empower communities around forest areas with managed areas under the authority of Perum Perhutani in the Provinces of Central Java, East Java, West Java and Banten, except for conservation forests which are implemented to provide welfare efforts for forest village communities so that they can participate in enjoying the results. forest production through a sharing system based on SK. Directors of Perum Perhutani No.682 / KPTS / DIR / 2009 concerning Guidelines for Collaborative Forest Resource Management, Law on Forestry, Village Law, and other supporting legislation..The role of LMDH is needed so that the partnership system in PHBM is able to reach forest village communities through an institution that is formed as an institution that receives delegations from the central / regional government in the management of production forests in the area specified in PP No. 72 of 2010 concerning State Forestry Public Company. With the existence of this LMDH, it is ecpected to be able to provide welfare for the communites around the forest and jointly manage forests based on sustainable development, so that the sustainability and availability of forest resources for future generations can be maintained.]]>
<![CDATA[Perlindungan Konsumen atas Pencabutan Izin Usaha BPR oleh Otoritas Jasa Keuangan ]]>
<![CDATA[Asri Elies Alamanda]]>;
<![CDATA[Darminto Hartono]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4361
<![CDATA[The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.]]>
<![CDATA[Implikasi Ketatanegaraan Presidential Term Limit menurut Pasal 7 UUD NRI 1945 sebelum Amendemen terhadap Presidential Continuism Masa Orde Baru ]]>
<![CDATA[Moch Chafid]]>;
<![CDATA[Anna Erliyana]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4381
<![CDATA[Presidential term limit according to Article 7 of the 1945 Constitution (UUD) before the amendment should not be interpreted as only one measure namely in terms of quantity (limits on the term of office and the maximum period of office in office), but must regulate in terms of quality (legal norms and political ethics in commitment creating a democratic and competent government). As a result, every President in power will endeavor to presidential continuation by changing, avoiding, reinterpreting, amending the constitution or even presidential term limit in article 7 of the 1945 Constitution before the amendment. In the constitutional order, it will have implications for every President in power to form an authoritarian government and reduce democracy, abuse of the President's power to hold office continuously, give birth to an elected president who is incompetence in government administration, and creates stagnation of political regeneration.]]>
<![CDATA[Analisis Penangkapan Terduga Teroris oleh Detasemen Khusus 88 Anti-Teror dari Perspektif Penegakan Hukum-Joseph Goldstein ]]>
<![CDATA[Marthsian Yeksi Anakotta]]>;
<![CDATA[Erwin Bernard Ubrwarin]]>;
<![CDATA[Roni Gunawan Raja Gukguk]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4346
<![CDATA[Densus 88 AT is a special police unit that has the duty and authority to enforce the law on criminal acts of terrorism. As law enforcers, Densus 88 AT has the authority to carry out the arrest of suspected terrorists based on Law No. 5/2018. Based on the theory of law enforcement by Joseph Goldstein, law enforcement is divided into three areas, namely: total enforcement, full enforcement, and actual enforcement. This paper is a law-normative research which aims to identify and understand the arrest of suspected terrorists by Densus 88 AT from the perspective of law enforcement by Joseph Goldstein. The conclusions are as follows: the status of a suspect is unknown in the Indonesian Criminal Code; Densus 88 AT has the authority to arrest suspected terrorists based on RI Law Number 5 of 2018; and in the three areas of law enforcement, Densus 88 AT has discretionary power in three areas of discretion, namely: choosing objectives, intervention methods, and field procedures.]]>
<![CDATA[Kebijakan Online Single Submission sebagai E-Government dalam Mewujudkan Good Governance di Indonesia ]]>
<![CDATA[Rahmi Ayunda]]>;
<![CDATA[Nertivia Nertivia]]>;
<![CDATA[Laode Agung Prastio]]>;
<![CDATA[Octa Vila]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4359
<![CDATA[Based on the history before the reform era, there have been many cases of government committing corruption, collusion and nepotism, this is the background of the movement to create a government to run good governance. As time has progressed, the time has come for a time that is all full of digitalization, both in the economy, education and politics. This research uses normative legal research methods. This study shows that the government in running its government will also be based on the development of sophisticated information technology which can be called E-Government. Therefore, there is now a time when the Indonesian government has used and allowed the Online Single Submission (OSS) system to make it easier for people who want to take care of business licensing. The implementation of good governance during the Industry 4.0 Revolution can take advantage of science, technology and information to provide good facilities and services to the Indonesian people, and the public can easily access government information.]]>
<![CDATA[Implikasi Hukum Penyelamatan Kredit Bermasalah melalui Restrukturisasi di Indonesia ]]>
<![CDATA[Ninik Zakiyah]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4386
<![CDATA[Restructuring is commonly used in banking to handle non-performing loans. However, each bank has its own policies in its implementation. This article aims to find out how debtors need to pay attention to the restructuring mechanism, and what are the implications of this method for the debtor. This research is included in normative law research, with a conceptual and statutory approach, which uses secondary data from primary, secondary and tertiary legal materials which are then analyzed qualitatively. The results obtained indicate that the factors causing problem loans can occur from internal (bank) and external (debtor) factors. Through credit restructuring, it can be chosen because it is better able to provide a solution between the two, because it is preceded by negotiation between the parties so that the interests of both are conveyed. Restructuring can release the threat of execution of the mortgage object for the debtor, but on the other hand it also has implications for the debtor to settle credit for a long period of time.]]>
<![CDATA[Esensi Penyelesaian Sengketa Perdata melalui Mediasi Nonlitigasi ]]>
<![CDATA[Muten Nuna]]>;
<![CDATA[Ibrahim Ahmad]]>;
<![CDATA[Agustina Bilondatu]]>;
<![CDATA[Dince Aisa Kodai]]>;
<![CDATA[Roy Marthen Moonti]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4390
<![CDATA[There are legal issues in the society which resolved through a non-litigation mediation process, especially in civil disputes, where there are several factors that influence people prefer to settle legal issues through non-litigation aspects rather than resolving cases by litigation or through the court. This article aims at explaining how the principles and stages of civil dispute resolution through non-litigation mediation and the essence or value that can be used for the society in dispute. So it can be concluded that this article wants to explain that non-litigation mediation in principle has a consensual as well as collaborative nature, so the result will have win-win solution for each sides, so that the problematic side is cannot be harmed. Then there is a very large value which can be taken, if several problems that arise in society, especially in civil cases which resolved through non-litigation mediation aspects.]]>
