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[Mitigating Human Rights Violations: A Critical Examination of Excessive Overtime Practices in the Workplace ]]>
<![CDATA[Isnaini, Nurun]]>;
<![CDATA[Rusdiana, Shelvi]]>;
<![CDATA[Tan, Winsherly]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.8871
<![CDATA[In the pursuit of project goals, expediting implementation time is crucial. This study delves into the prevalent use of overtime work as a means to accelerate projects, particularly in industries striving to meet production targets. Despite government regulations stipulating permissible durations for overtime, numerous companies exceed these limits, leading to labor-related violations that infringe upon human rights. This research, employing a normative doctrinal approach, explores the impact of exceeding specified overtime limits on human rights. Recognizing human rights as fundamental and universal, the study advocates for their impartial application to all workers, irrespective of their employment status. Addressing violations through comprehensive discussions and interventions is imperative to foster a workplace that upholds the principles of non-discrimination and respects fundamental human rights.]]>
<![CDATA[Communities for Environmental Protection: Fostering Responsibility and Sustainability ]]>
<![CDATA[Mina, Risno]]>;
<![CDATA[Fality, Firmansyah]]>;
<![CDATA[Miranda, Miranda]]>;
<![CDATA[Imani, Rizka Amelia]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.9617
<![CDATA[Community participation in environmental protection is increasingly crucial in facing global environmental challenges. This article outlines the essence of community participation and its responsibilities in providing protection for the environment, from the individual to the community level. It emphasizes the importance of community awareness, knowledge, and concrete action to achieve sustainable development. The research method used is normative or doctrinal research. Normative research methods are legal research methods that involve reading documents related to the problem to be researched. This research method refers to legal standards and principles contained in statutory regulations. The essence of community participation in environmental protection is increasing community awareness and taking active action to preserve the environment, including increasing awareness, independence, empowerment, cooperation, ability and leadership, supervision, and local culture. Community responsibility in providing protection for the environment involves various very important aspects. society's primary responsibilities in terms of understanding and awareness, reduction of ecological footprint, participation in sustainable development, reporting and monitoring, education and extension, and participation in environmental movements. Community responsibility in environmental protection is implemented in the form of concrete actions.]]>
<![CDATA[The Role of Wives as Breadwinners in Serang’s Traditional Markets in Enhancing Food Security ]]>
<![CDATA[Luthfia, Chaula]]>;
<![CDATA[Qotrun Nida]]>;
<![CDATA[Marima Delmar Aldama]]>;
<![CDATA[Windiyanti Bahari Putri]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.9823
<![CDATA[The institution of marriage inherently establishes reciprocal rights and responsibilities between husband and wife. Among these is the husband’s obligation to provide material and emotional support to his wife. Over time, societal changes have opened opportunities for women, including wives, to participate in earning a living, such as through their work in traditional markets. In this context, wives who engage in traditional market activities contribute significantly to meeting food needs and, consequently, to strengthening food security. This study seeks to elucidate the pivotal role played by wives who contribute to household income as key drivers of family food security. Furthermore, it evaluates the perspective of Law No. 18 of 2012 on Food regarding wives who engage in earning a livelihood as vendors in traditional markets. Utilizing a combination of field research and literature review, the study adopts a juridical-empirical and sociological approach. The findings highlight that wives working in traditional markets are instrumental in promoting food security. Their efforts extend beyond their own households to support local food systems. These women directly embody the four critical dimensions of food security: food availability, food accessibility, food utilization, and food stability. Their contributions underscore the essential role of female vendors in ensuring sustainable food security at both familial and community levels.]]>
<![CDATA[Legal Insights on Symbolism in Traditional Architecture: Protecting Batam’s “Kampung Tua” ]]>
<![CDATA[Lie, Cindie]]>;
<![CDATA[Royce, Charles]]>;
<![CDATA[Rahman, Maria Puteri]]>;
<![CDATA[Istiqomah, Nurul]]>;
<![CDATA[Aurelia, Jennifer]]>;
<![CDATA[Disemadi, Hari Sutra]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.9850
<![CDATA[In today’s rapidly modernizing world, traditional architecture often faces threats from swift development and urbanization. Protecting traditional architecture is not merely about preserving physical structures; it is about understanding and maintaining the cultural values embedded within them. By employing an empirical juridical method that combines juridical, conceptual, and ethnographic approaches, this research seeks to explore the philosophical, historical, and cultural values inherent in the traditional Malay architecture of Kampung Tua in Batam City. Additionally, it aims to analyze the relevance and applicability of intellectual property concepts within the context of local communal identity. The findings reveal that while traditional Malay architecture has been recognized as part of communal intellectual property, its legal protection remains inadequate. Proper inventory, documentation, and official recognition are necessary to strengthen legal protection, with collaboration between the government, indigenous communities, and academics being crucial to keeping this cultural heritage alive.]]>
<![CDATA[The Development of Corporate Criminal Liability Paradigm in Environmental Pollution Cases ]]>
<![CDATA[Febriani Mustikasari]]>;
<![CDATA[Syaifuddin Zuhdi]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.9889
<![CDATA[Criminal liability by corporations is a legal consequence of environmental pollution caused by the activities of the corporation itself. This research is a normative juridical research that combines statutory and comparative approaches through processing of primary, secondary, and tertiary legal materials with descriptive analysis methods. The purpose of this study is to determine the development of the paradigm and corporate criminal liability in cases of environmental pollution. The results of this study found that corporate criminal liability related to environmental pollution cases is at least regulated in Law Number 32 of 2009 (UUPPLH), the Omnibus Law, and the New Penal Code which will soon come into effect. There are differences in the provision of criminal sanctions in each law. But in general, it can be concluded that environmental pollution by corporations is a legal act that must be dealt with legally so as not to create a greater adverse impact on the environment and society.]]>
<![CDATA[Legal Analysis of Tengkawang Seed Exports in the Context of Natural Resource Conservation ]]>
<![CDATA[Sanni, Devi Mutiara]]>;
<![CDATA[Hariri, Achmad]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.9936
<![CDATA[The conflict between the Regulation of the Minister of Environment and Forestry (LHK) No. P.106/MENLHK/SETJEN/KUM.1/12/2018 and the Regulation of the Minister of Trade (Permendag) No. 44 of 2012 has created significant legal uncertainty regarding the protection and trade of tengkawang seeds in Indonesia. The LHK Regulation does not include tengkawang seeds as a protected plant species, while the Permendag prohibits the export of tengkawang seeds. This study aims to analyze the normative conflict related to the regulations governing the export of tengkawang seeds and its implications for environmental conservation and the economy in Pontianak City. The research methodology used is normative analysis with a statutory approach. Legal materials were obtained through document studies of laws and regulations and literature reviews.The research results show that this regulatory conflict hinders the export of tengkawang seeds, harms business actors, and potentially increases illegal trade activities. Furthermore, this inconsistency also causes confusion among law enforcement officials and the general public regarding the protection status of tengkawang seeds. This study recommends harmonizing regulations between the Ministry of Environment and Forestry and the Ministry of Trade to ensure effective protection of tengkawang seeds while supporting economic growth through legal and regulated trade. Additionally, in accordance with the legal principle lex posterior derogat legi priori, the newer law should prevail. Moreover, as per the LHK regulation, tengkawang seeds are not classified as protected plant varieties, which legally allows them to be exported.]]>
<![CDATA[Protecting Famous Trademarks: Legal Insights from the EV Electro Voice Case in Indonesia ]]>
<![CDATA[Robiyatul Adawiyyah, Inni Isnaini]]>;
<![CDATA[Indrawati, Septi]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.9941
<![CDATA[Trademark rights play a critical role in business, particularly in navigating global competition and safeguarding well-known brands. However, the principle of good faith in trademark registration is often exploited to mimic the fame of established trademarks. This study examines the prohibition of the registered trademark "EV ELECTROVOICE + Logo" as contested by the trademarks "EV and Logo" and "ELECTRO-VOICE," as outlined in Decision Number 83/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst. The research aims to analyze the legal rationale behind the court's decision and its implications for trademark protection in Indonesia, especially concerning the application of the first-to-file principle and the protection of well-known trademarks. Employing a normative juridical method, the study focuses on examining relevant legal norms and their application in practice. The findings reveal that the court nullified the “EV ELECTROVOICE + Logo” registration due to bad faith, as the registration was intended to leverage the reputation of well-known trademarks. This decision underscores the significance of maintaining good faith in trademark registration and highlights the influence of international law in securing rights for well-known trademarks. The study contributes to a deeper understanding of trademark law dynamics in Indonesia and sheds light on the decision's implications for protecting famous trademarks within the national legal framework. Ultimately, the research aims to enrich the comprehension of trademark law principles in Indonesia and provide insights for improving regulations to address the challenges of trademark protection in a globalized era.]]>
<![CDATA[Reducing Stunting in South Lampung Regency through Preventing Early Marriage: A Critical Analysis ]]>
<![CDATA[Sari, Ratna Kumala]]>;
<![CDATA[Prasetya, A. Riva]]>;
<![CDATA[Zanariyah, Sri]]>;
<![CDATA[Famulia, Ledy]]>;
<![CDATA[Terina, Tian]]>;
<![CDATA[Novalia, Novalia]]>;
<![CDATA[Mirnasari, Tiar]]>;
<![CDATA[Pahlevi, Reza]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.9945
<![CDATA[South Lampung Regency is recognized as one of the 100 priority districts/cities for addressing child stunting, as designated by the Poverty Reduction Acceleration Team. Efforts to prevent and reduce stunting vary across regions, with the South Lampung Regional Government implementing its own strategies. However, the stunting rate in South Lampung Regency has not shown a significant decline to date. This study aims to analyze policies aimed at reducing stunting rates in South Lampung Regency, with a particular focus on the prevention of early marriage. The research is situated within the framework of public legal policy, specifically addressing the reduction of stunting through measures to prevent early marriage in the region. To this end, a policy-oriented approach was adopted. Findings reveal that early marriage is a contributing factor to growth and developmental disorders in children, manifesting as stunting indicated by height or length measurements below standard norms. The correlation between stunting prevalence and the number of marriage dispensations granted in South Lampung Regency underscores this relationship. The South Lampung Regional Government’s efforts to combat stunting are encapsulated in the South Lampung Regent Regulation Number 15 of 2023, which focuses on accelerating stunting reduction. This policy highlights the critical need to address early marriage as a key strategy in mitigating stunting and ensuring healthier developmental outcomes for children in the region.]]>
<![CDATA[Challenges and Implementation of Disability Rights in Singaraja Correctional Facility: A Study of Article 37 of Law No. 8/2016 ]]>
<![CDATA[Sariasa, Gede]]>;
<![CDATA[Yuliartini, Ni Putu Rai]]>;
<![CDATA[Mangku, Dewa gede Sudika]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.10049
<![CDATA[This research discusses the implementation of Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional institution. The objectives of this study are to: (1) Understand and analyze the implementation of Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional Facility, and (2) Identify and analyze the obstacles to implementing Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional Facility. This research is an empirical legal research that is descriptive in nature. The findings of the study are: (1) The implementation of Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional Facility has been pursued to the best extent possible through the establishment of a Disability Service Unit and the fulfillment of various rights and supporting facilities. However, many of the supporting facilities provided do not yet meet the standards mandated by the law. (2) The factors hindering the implementation of Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional institution include limited land, lack of human resources such as the shortage of trained staff to handle disabled inmates, budget constraints, and the ongoing issue of overcrowding at the Class IIB Singaraja Correctional institution.]]>
<![CDATA[Fulfillment of Victims’ Rights to Handling Child Victims of Sexual Violence in Buleleng Regency ]]>
<![CDATA[Yuliartini, Ni Putu Rai]]>;
<![CDATA[Mangku, Dewa Gede Sudika]]>
<![CDATA[ Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v26i2.10052
<![CDATA[This research aims For analyze fulfillment of victims' rights in Handling case child victims of violence sexual in Buleleng Regency. With use approach juridical-empirical, this research explores implementation of the legal protection provided to child victims of violence sexual, as well as evaluate effectiveness mechanism handling carried out by the party authorities, including apparatus enforcer law and child protection institutions. The results of this study indicate that although there is adequate regulation, still there is constraint in implementation, such as limitations source Power humans and their lack mentoring psychological. This research is expected can become input for maker policy For increase efforts to protect and fulfill the rights of children who are victims of violence sexual.]]>
