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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 10 Documents
 1 
Search results for , issue "Vol 23 No 2 (2021): December 2021" : 10 Documents clear
Eksistensi Tindak Pidana Ta’zir dalam Kehidupan Masyarakat Indonesia Ahmad Rofiq; Pujiyono Pujiyono; Barda Nawawi Arief
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.4957

Abstract

Ta'zir is one of the three divisions of criminal acts (jarimah) in Islamic Criminal Law. When compared with jarimah hudud and qishash diyat, jarimah ta'zir has a special character in the form of “kemaslahatan umum”. The character causes the mention of jarimah ta'zir not to be specified by the text, but rather the type and punishment handed over to ulil amri. If seen in the context of Indonesia, it is not possible to apply jarimah ta’zir in the midst of a plural society. In fact the term ta'zir is often used in referring to the penalties applied in the boarding school environment (pesantren). This research is a normative legal research. This research shows that the application of ta'zir in the pesantren environment is not just the use of the term alone but is the application of ta'zir as in Islamic Criminal Law. The empirical application of the concept of criminal ta'zir has actually been widely carried out in the social life of the Indonesian people. This is due to the pattern of jarimah ta’zir in the form of public benefit so that in actual social life Indonesia has already implemented jarimah ta’zir.
CSR Contextualization for Achieving the SDGs in Indonesia I Kadek Agus Setiawan; Puji Ayu Larasati; Irwan Sugiarto
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.5021

Abstract

Companies in Indonesia carry out corporate social responsibility (CSR) on the basis of taking care of contractual obligations, in this case complying with regulations made by the central and local governments. Normatively, ideally without contractual obligations, the company should not care about profits, but also care about the welfare of the community and environmental sustainability. This research wants to examine and reveal the relationship between CSR in realizing Sustainable Development Goals (SDGs) in Indonesia. The research method used is the juridical-normative research method. Supporting this juridical-normative research using a statutory approach, a historical approach, and a conceptual approach. The data needed in this research is secondary data obtained by using library research techniques. This research shows that Indonesia is a country that requires parties to implement CSR through regulations. There is a close relationship between CSR and sustainable development because CSR puts forward 3 principles, namely economy, society, the environment which are then in accordance with the goals of sustainable development. CSR is a sustainable commitment by the business world that acts as action and contributes to the community's economy and environmental sustainability. Therefore, SDGs can be contextualized as a viewpoint for every company in its business activities through various CSR activities such as greening programs, providing clean water facilities, improving settlements, increasing welfare, improving the quality of education, and other things related to sustainable development.
Analisis Keterhubungan Konsep Merek dengan Nama Domain: Kajian Kekayaan Intelektual di Indonesia Sholahuddin Al-Fatih
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.4396

Abstract

Globalization has had a very significant impact on the pattern of human interaction. Migration from the citizen into the netizen era, slowly but surely will happen soon. Changes in this pattern of interaction is actually followed by changes in terms and systems that apply, for example in concern with the cyber law. Legal problems that did not happen in the real world, could happen in the virtual world. One form of problems that arise includes related disputes to domain ownership, concept of domain name law and the relationship between the concept of the trademark with the domain name. Legal products made by the government have not been thoroughly in providing legal protection for such domain name cases. So the authors feel the need to convey some legal analysis related to the connection between the concepts of trademark law with the law of domain names in Indonesia.
Urgensi Perlindungan Data Pengguna Financial Technology terhadap Aksi Kejahatan Online di Indonesia Winnie Stevani; Lu Sudirman
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.5028

Abstract

The ease and sophistication of technology is used as a loophole for illegal persons to carry out their crimes against the personal data of fintech users so that this problem must be positioned as an urgency of legal protection for the privacy rights of each individual. This incident is also supported by the Covid-19 pandemic because all activities must be carried out online. With these problems, this study aims to determine the legal effectiveness of personal data protection in Indonesia and the resolution of the urgency of online crime against the personal data of fintech users. The results of this study indicate that the Indonesian government has not fully realized this crucial theme so that the protection of personal data cannot be carried out optimally by law enforcement officers. Therefore, this research will focus on a description of the importance of personal data protection in Indonesia, the forms of online crimes committed by illegal fintechs, and the resolution of the urgency that arises in the protection of personal data.
Parameter Hak Monopoli Badan Usaha Milik Negara dalam Perspektif Persaingan Usaha di Indonesia Mochammad Abizar Yusro; Lelly Rosa Sidabutar; Luna Dezena Ticoalu; Relys Sandi Ariani
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.4394

Abstract

State-owned enterprises (BUMN) certainly play a very important role as actors in economic activities based on economic democracy in accordance with the Pancasila economy, whose activities must pay attention to the balance between the interests of business actors and the public interest. However, granting monopoly rights to BUMN has been further regulated, so that in the future it can create fair business competition in market competition in Indonesia. The exclusion of monopoly rights is only one sentence in article 51, so that it still creates legal ambiguity for the implementation of monopolistic practices granted to BUMN. The contribution of this research aims to encourage further regulation regarding monopoly by BUMN. In addition, it is also used as academic library material so that it can be used as a reference and material for other academic studies. This research uses a normative juridical study with a statutory approach and a conceptual approach. Thus, this research results in a study of BUMN monopoly rights from the perspective of business competition in Indonesia.
Fenomena Mafia Peradilan terkait Independensi Kekuasaan Kehakiman dalam Perspektif Budaya Hukum di Indonesia Candra Ulfatun Nisa; Nyoman Serikat Putra Jaya
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.4332

Abstract

The consequences of adopting the concept of the rule of law are given independent judicial coordination authority. In fact, this independence is very easily misused, because the ideal function of the court as law enforcement is related to deterioration until the term judicial mafia appears. The method of research using the normative juridical approach, with descriptive research specifications. The results of this study are the judicial mafia which is identical with financial-oriented behavior in a way that allows to improve the course of law enforcement. The judicial mafia implies law enforcement over freedom of values, and is contaminated by factors outside the legal factor, thus clearly undermining the independence of judicial power and destroying the legal culture in Indonesia. First the culture "decides" to issue bribes because it considers the notion that the law can always be traded. As if the judicial mafia, has become an “icon” or “trademark” for irregularities in the informal law enforcement process that must be accepted as something common.
Confusion of Legal Roots: Comparative Historical Review of International Trade Law in France and Indonesia Aurele Magnan; Kevin John Paul Manurung; Dao Gia Phuc; Rahmi Ayunda
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.5372

Abstract

This research discusses the history of international trade law in France and Indonesia. This research is a doctrinal research that uses normative legal research methods. The data used are data obtained indirectly, such as legislation, previous research and other secondary data relevant to the main object of the article, and several cases of the World Trade Organization. The Oxford Journal has defined the term 'International Trade' as the involvement of goods and/or services across national boundaries. In other words, it was an expansive movement. Such actions have been going on for centuries. Thanks to the lex mercatoria and lex maritime created in the Middle Ages, also to the important role of the 'silk road' which ironically connected the road between France and Indonesia, because it provided so many benefits and the development of international trade law. . After all, French regulations inspired so many rules in many countries, including the Netherlands and were applied in Indonesia as a colony. Indonesia had some similiarities within France ever since so.
Politik Hukum Pembentukan Pasal 20 Undang-Undang tentang Paten di Indonesia dalam Perspektif Hak Kekayaan Intelektual Raden Ani Eko Wahyuni; Muhammad Zainuddin
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.4958

Abstract

Patents as part of intellectual property rights that form the basis of modern industrial growth are based on new inventions, sophisticated technology, high quality, and quality standards. A patent is granted to protect the invention in the field of technology. Provisions in Law Number 13 of 2016 regarding Patents are considered by some to have made it difficult for patent holders from abroad to take part in Indonesia. The research method used in this study is normative juridical aiming to investigate patent issues from the perspective of the law governing it, in this case about the reasons underlying its formation, namely in Article 20 of the intellectual property rights perspective. Based on the research that has been done, the enactment of Article 20 of Law Number 13 of 2016 concerning Patents is expected that the Indonesian people will feel better welfare and life because it is expected that there will be many foreign investors registering their patents in Indonesia in addition to absorbing technology transfers and opening up many employment which will then result in reduced unemployment.
Regulation of Labor with Disabilities in Facing the Digital Revolution: Comparison of Indonesia, Malaysia and Australia Vicko Taniady; Reni Putri Anggraini; Novi Wahyu Riwayanti
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.5337

Abstract

This study focuses on research on persons with disabilities in the employment sector. The research method used is normative law by using library research techniques to process secondary data and a comparative study approach. The results of this study reveal that Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia guarantees that every citizen has the right to have the same rights in work. In addition, several policies such as Law no. 8 of 2016 and Law no. 12 of 2003 have regulated the same thing to eliminate discrimination in the workforce. However, the existing policies are still not running according to the applicable regulations. People with disabilities in Indonesia still experience discrimination in getting a job, so the unemployment rate for people with disabilities is still high. In addition, with the entry of the industrial revolution 4.0 era in Indonesia, it is increasingly difficult for people with disabilities to find work. Thus, there is a need for regulatory reformulation to become the right of persons with disabilities in employment based on the policies of Malaysia and Australia.
Menggagas Pengaturan dan Penerapan Central Bank Digital Currency di Indonesia: Bingkai Ius Constituendum Syafira Nurullia
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.5014

Abstract

Bank Indonesia has the desire to create a digital representation of money which is a symbol of its country's sovereignty called the Central Bank Digital Currency (CBDC). However, CBDC also presents risks, especially in the legal aspects in Indonesia. The purpose of this paper is to complement the shortcomings of previous studies by carefully examining how ideally the governance and implementation of CBDC is in Indonesia, in the ius costituendum frame. The method used is normative juridical which is qualitative in nature based on library research. Data sources come from secondary data sources and tertiary data. The data were analyzed using a deductive mindset with descriptive and analytical methods. The results of the study are that the implementation of CBDC requires governance in the field of law, technology infrastructure readiness and community readiness as well as governance regarding the supervision and stability of CBDC values in Indonesi. An important conclusion from this study is the need for a legal product that regulates the implementation and protection of the community in the use of CDBC in Indonesia.

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