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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. 25 No. 2 (2023): December 2023" : 10 Documents clear
In Contract Law: Unpacking Undue Influence through a Judge's Lens Dwi Fidhayanti
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.7725

Abstract

This study explores how judges at the Malang District Court view “undue influence”(misbruik van omstandigheden) as a determinant of contractual incapacity in contract law and identifies the criteria they use. Employing an empirical approach with case analysis and sociological perspectives, primary data came from interviews, while secondary data, including court rulings and relevant materials, underwent descriptive and qualitative analysis. The research reveals that cases involving individuals who exploit situations from the beginning of an agreement with malicious intent, strategically using economic and psychological advantages to gain control, are central to the concept of undue influence. Surprisingly, the Malang District Court handles a limited number of such cases, as aggrieved parties often initiate criminal fraud proceedings before filing civil lawsuits citing undue influence. Some rulings categorized undue influence claims as unlawful acts or defaults. In deciding undue influence (misbruik van omstandigheden) cases, judges prioritize two key factors: the substantive content of the lawsuit, pivotal for the court's jurisdiction, and the level of due diligence exercised by parties, considering subject matter, witnesses, and relevant correspondence—all affecting the agreement's validity. Consistency in judicial decisions is recommended to provide legal certainty and predictability for parties involved. This research underscores the need for legal awareness, streamlined procedures, precautionary measures, and ongoing research in this area of contract law
Exploring Contemporary Issues and Key Takeaways: A Comparative Analysis of Civil-Law Notary Laws in Indonesia and Louisiana David Tan; Agustianto Agustianto; Sovina Sovina
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.7741

Abstract

Notary as a public official authorized to make authentic deeds in each country has its own rules by adhering to the civil law and common law legal systems, this is specially true for Indonesia and Louisiana which have similarities in adhering to the civil law legal system. This study aims to compare the legal arrangements of notaries in Indonesia and Louisiana where to examine contemporary issues or important points found from legal comparisons. This method uses a type of normative legal research with a comparative approach, statute approach, and conceptual approach made from primary and secondary laws, which are collected using document research techniques in a description analysis. The results and findings of this comparative analysis are that there are significant differences related to notaries from countries that both adhere to the civil law legal system, this can be seen in terms of history, qualifications, duties and authorities to become a notary, sanctions and resolutions for violations that will occur. This legal difference raises interest in the realm of notaries which is expected through this research can be one of the supporting sources for the Indonesian state to discover the findings of notaries in various jurisdictions so as to improve positive law and or at least form a deeper body of knowledge in the field of notaries.
Analysis of Business Law Approaches in Realizing Public Information Openness in Muhammadiyah Universities A Basuki Babussalam; Asis Asis; Samsul Arifin
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.7797

Abstract

Public information disclosure in Muhammadiyah universities has become a very important issue in today's digital era. This study wants to analyze and compare business law approaches in ensuring public information disclosure in the Muhammadiyah education environment. In this study, it also adopts a socio-legal/interdisciplinary approach involving legal, information technology, and information management perspectives to understand the impact and benefits of public information disclosure in the context of Muhammadiyah universities in the increasingly complex digital era. This research involves a comparative analysis of the business law approach used in ensuring public information disclosure in Muhammadiyah universities with approaches used in other educational institutions. The results showed that Muhammadiyah universities have made significant steps in improving public information openness, especially in adopting advanced information technology and information management. However, there are challenges that need to be addressed, including the need to ensure compliance with applicable laws and regulations, personal data protection, and building a culture of transparency and accountability across institutions.
Revitalizing Creative Industries: A Strategic Approach to Bolstering Buleleng Regency's Economy Amidst the COVID-19 Pandemic Dewa Gede Sudika Mangku; Ni Putu Rai Yuliartini; Ni Ketut Sari Adnyani
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.8145

Abstract

This study investigates the impact of the COVID-19 pandemic on micro, small, and medium enterprises (MSMEs) in Buleleng Regency, particularly in the creative industry sector. It aims to (1) analyze the status of MSME-based creative industries during the pandemic, (2) identify the challenges faced by these enterprises, and (3) propose economic policy strategies to strengthen them. Findings reveal that (1) the number of MSME-based creative industries in Buleleng Regency increased between 2019 and 2022. However, they encountered issues such as limited access to capital, lack of business formalization, human resource constraints, technology underutilization, suboptimal marketing and promotional efforts, and production challenges. (2) During the pandemic, these businesses faced obstacles like limited capital for owners, scarcity of raw materials and production equipment, bookkeeping issues, marketing constraints, managerial deficiencies, limited human resource capabilities, and difficulties in product distribution. (3) To bolster MSME-based creative industries during the pandemic, a multi-pronged economic policy strategy is proposed. This includes instilling local pride in using MSME products, enhancing product packaging, and organizing MSME groups based on business scale with the involvement of a curation team to identify businesses suitable for broader exposure.
Enhancing Geographical Indications Product Protection: A Comparative Study of Indonesia and India Lu Sudirman; Ampuan Situmeang; Fiona Fiona
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.8308

Abstract

Indonesia boasts abundant natural resources, yet its registered Geographical Indication products remain limited compared to India. Despite its strategic geographical location and diverse offerings, many Indonesian Geographical Indication products lack registration and protection. This research conducts a legal comparison of Geographical Indication product protection between Indonesia and India. Utilizing a normative juridical approach and qualitative analysis of secondary legal materials, the study examines Law Number 20 of 2016 concerning Trademarks and Geographical Indications in Indonesia and The Geographical Indications of Goods (Registration and Protection) Act, 1999 in India. The findings reveal that Indonesia lacks a time limit for protection, unlike India, which grants ten renewable years of protection with more stringent sanctions. Considering India's approach, Indonesia should tailor its protection timeframe and penalties to its unique context for optimal results.
Optimizing Trade Secret Criminal Law Policies in Indonesia: Lessons from the United States Ratna Kumala Sari; Khilmatin Maulidah
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.8310

Abstract

The acceleration of global free trade necessitates high-quality product outcomes, driving the creation of technology to meet these demands. Consequently, the significance of Intellectual Property Rights in advancing technological developments becomes increasingly apparent. In the realm of commerce, competition is inherent and vital to attain objectives, which include acquiring consumers and maximizing profits. Unfortunately, such competition often leads to fraudulent practices and ensuing conflicts. To mitigate and address unfair competition, it is imperative to establish regulations that entrepreneurs and business entities must adhere to, both preventively and punitively. This study seeks to analyze the current and prospective criminal law policy regarding trade secret offenses within the existing legal framework. The research employs a normative legal approach. The findings reveal that trade secret offenses in Indonesia are governed by Law Number 30 of 2000, but it exhibits certain weaknesses and shortcomings. The proposed Trade Secrets Bill aims to adapt to international standards, fostering economic benefits while maintaining legal protection convergence.
Enhancing Access to Justice for Street Children through a Rights-Based Perspective on Sustainable Development Goals Sandy Kurnia Christmas; Anisyaputri Anisyaputri; Jean Claude Geofrey Mahoro
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.8498

Abstract

Street children represent a consequence of the urban divide, reflecting a disparity within urban areas. These children live in precarious conditions with limited opportunities for a respectable life. This study aims to explore the Government's involvement, particularly in terms of policy preparedness and infrastructure, aimed at improving the quality of life for street children and ensuring their fair access to justice. This research endeavor intends to analyze procedural policies and governmental initiatives directed at realizing sustainable development goals pertaining to the rights of street children. The findings of this investigation reveal that the government is actively engaged in endeavors to grant street children their rights and to actualize sustainable development objectives. Notably, various existing measures encompass the establishment of interim shelters, serving as educational facilities and platforms for the fulfillment of other rights for these children. However, there remains room for enhancement in these efforts, necessitating a broader reach to encompass regions with substantial populations of street children. This expansion is imperative to effectively achieve sustainable development goals through the comprehensive fulfillment of the rights of street children.
Human Trafficking: Legal Analysis on Indo-Malaysia Border Engine Kubota; Fahmi Fairuzzaman; Saman Omar
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.8513

Abstract

Indonesia and Malaysia both face a crisis in combating human trafficking. This crisis includes human trafficking that occurs at the Indonesia-Malaysia border. Indonesia is in Tier 2, while Malaysia is on this issue's Tier 2 watch list. The laws and regulations that Indonesia and Malaysia have in dealing with the issue of human trafficking at the border between the two countries are related. The objectives of this research are (1) to know the provisions and comparison of the laws of the two countries in dealing with human trafficking and (2) to examine the existing rules based on the perspective of international Law to provide input in the renewal of legal science at the national and international levels. This research, which was written using the normative jurisprudence method, found that Indonesia and Malaysia each have specific laws stipulated in Law No. 21/2007 on the Eradication of the Crime of Trafficking in Persons and the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and are involved in bilateral and multilateral cooperation regarding combating human trafficking. The legal efforts that both countries have made still have many shortcomings and require more severe improvements to achieve legal objectives.
Mediation Efficacy in Resolving Divorce Cases: A Case Study of the Purworejo Religious Court Septi Indrawati; Riska Amelia
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.8571

Abstract

Marriage constitutes a sanctified event in the human experience, aimed at the establishment of a harmonious, serene, and comfortable domestic sphere. Within the Islamic framework, marriage is designed to forge a familial unit characterized by Sakinah, Mawadah, and Warahmah. This study endeavors to assess the efficacy of mediation in the resolution of divorce cases, ascertain the success rate of mediation within the Purworejo Religious Court, and identify the obstacles encountered by mediators in the implementation of Supreme Court Regulation Number 1 of 2016. Employing a normative-sociological approach, this research relies on legal inquiries utilizing both library resources and primary data gleaned directly from the community. The findings of this investigation reveal that Supreme Court Regulation Number 1 of 2016, serving as the legal framework for the management of divorce cases, has not effectively mitigated the escalating domestic conflicts. These conflicts stem from diverse factors, encompassing persistent disputes, abandonment, economic challenges, domestic violence, and various underlying issues, leading to a consistent increase in divorce cases over the years. Furthermore, the mediation process within the Purworejo Religious Court demonstrates a pronounced ineffectiveness, with a meager 9.95% success rate recorded between 2020 and September 2022. Consequently, all case studies involving the mediation process have proven unsuccessful in the resolution of divorce cases.
Standard Clauses in Vehicle Purchase Credit Agreements in Indonesia: An Examination of Consumer Protection and Legal Enforcement Jovita Irawati; Kevin Gorga Kennedy Hutagalung
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.8589

Abstract

Vehicle purchase credit agreements in Indonesia frequently incorporate standard clauses that are often perceived as offering inadequate legal protection to consumers. Despite clear prohibitions regarding the use of standard clauses in credit agreements, vehicle financing businesses often persist in implementing these clauses in their contracts with consumers. Consequently, consumers find themselves in an unfavorable position, lacking the necessary legal safeguards to protect their rights. Consumers are entitled to legal protection, legal certainty, and justice when engaging with consumer financing institutions. This study employs a qualitative analysis approach, utilizing the normative legal research method to interpret legal materials, including court decisions. The research findings reveal that consumer protection regulations pertaining to standard clauses in vehicle purchase credit agreements have been distinctly and sufficiently defined. However, the enforcement of laws and stringent sanctions against violations has not been fully effective.

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