cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Winsherly Tan
Contact Email
winsherly@uib.ac.id
Phone
+6281277621673
Journal Mail Official
winsherly@uib.ac.id
Editorial Address
Faculty of Law, Universitas Internasional Batam, Jl. Gajah Mada, Baloi - Sei Ladi, Batam, Indonesia, 29442
Location
Kota batam,
Kepulauan riau
INDONESIA
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 268 Documents
 8   9   10   11   12 
Pemilihan Kepala Daerah Oleh Dewan Perwakilan Rakyat Daerah Ditinjau Dari Pasal 18 Ayat 4 Undang-Undang Dasar 1945 Pery Rehendra Sucipta; M Riski Ansori
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia is a democratic country according to Article 1 paragraph 2 of the Constitution of 1945. The setting of the election of heads of state institutions as well as at the local level provides clear evidence that 1945 is the Constitution as the basic law is written very democratic, especially in terms of the local elections with an electoral system that is also undergoing some changes of direct election by the people and the election through a representative, namely by the Regional representatives Council (DPRD). However, in the 2014 election by Parliament will again apply with the enactment of Law No. 22 of 2014 On the Election of governors, regents and mayor. But then the law reap a lot of resistance among the public because it is undemocratic and then canceled by the President. Based on this, we propose two (2) formulation of the problem addressed in this study: first, How Does the local elections based on Law Number 22 Year 2014 On the Election of governors, regents and mayors through parliament a second, Do the selection mechanism of the Regional Head made by parliament in accordance with article 18 paragraph 4 of the 1945 Constitution.This study uses a conceptual foundation, juridical and theory. Juridical basis in the form of Act No. 22 of 2014 On the Election of governors, regents and mayors. Then, the theoretical basis in adoption is the Constitutional Theory, Stufenbau Theory, Theory of Democracy and the Theory of Trias Politica. This study uses normative legal research. Therefore, methods of data analysis in this study is called qualitative descriptive.Based on this research, the mechanism of election of heads of regions based on Law Number 22 Year 2014 concerning the local elections through the Parliament set out in articles 6 to 33 organized by the Committee of Voters of members of parliament and elections are held in the plenary session of Parliament that issue the voting rights in a manner stand up. Regional Head Election Judging by Parliament Pursuant to Article 18 Paragraph 4 of the Constitution of 1945 and linked to the local elections in accordance Theory Constitutional Law, Theory of Hans Kelsen, Democracy and Trias Politica local elections by Parliament in accordance with the principles of democracy because it is not contrary to Law 194.
Makna “Pemilihan Yang Bersifat Ketatanegaraan” Sebagai Alasan Kehilangan Kewarganegaraan Moh Rizaldi
Journal of Judicial Review Vol 22 No 2 (2020)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v22i2.1477

Abstract

Indonesia adalah salah satu dari 15 negara penyuplai imigran terbanyak di dunia. Fenomena ini tidak lepas dari pengaruh HAM dan globalisasi. Terhadap hak imigran, sejumlah negara telah memperluas hak untuk memilih kepada penduduk bukan warga negara. Di Indonesia, salah satu alasan hilangnya kewarganegaraan RI adalah apabila warga negara, tanpa diwajibkan, turut serta dalam pemilihan sesuatu yang bersifat ketatanegaraan untuk negara asing. Ketentuan itu sangat multitafsir dan tidak memenuhi asas kejelasan rumusan akibatnya menimbulkan ketidakpastian hukum. Berdasarkan hal itu diajukan dua identifikasi masalah pertama apakah makna pemilihan yang bersifat ketatanegaraan dan kedua apa pentingnya keikutsertaan WNI dalam pemilihan tingkat lokal di negara asing. Metode penelitian ini adalah yuridis normatif. Adapun hasil penelitian ini adalah bahwa makna pemilihan bersifat ketatanegaraan adalah pemilihan yang dilakukan oleh rakyat untuk memilih pejabat-pejabat di lingkungan lembaga kenegaraan yaitu legislatif, eksekutif, atau yudikatif. Selain itu pentingnya keterlibatan WNI dalam pemilihan di tingkat lokal di negara asing disebabkan dua hal pertama keterlibatan mereka dapat meningkatkan kualitas pemerintahan demokratis; dan Kedua, mereka adalah salah satu pemangku kepentingan di negara tersebut.
UNSUR ACCIDENTALIA DALAM PEMBELIAN ONLINE PRE ORDER DIKAITAN DENGAN ASAS KEBEBASAN BERKONTRAK Yudi Kornelis
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In the online purchasing pre order system is usually carried out in an agreement between the seller and the buyers, but frequently an agreement which are based on the freedom of contract principle was not pay attention to elements that should appear in an agreement, which are elements of accidentalia. The method used in this research is descriptive analytical through a normative approach based on applicable law principles, concepts and norm and law theories related to juridical facts that is relevant with the analyzed legal issue. The result of this research it can be concluded that the failure to apply the accidentalia element in online agreement pre order led to the birth of a exemption clause that could harm either party, but with the principle of freedom of contract agreements with standard clauses basically not prohibited by law for a seller that outlines the terms in accordance with they wishes as outlined in the agreement such standard does not violate morality, public order and violate laws and forms of legal protection for the injured party by performing the compensation payment to be paid by the seller to the buyer resulting from errors.
Analytical Approach to the Implementation of Mortgage Law on Flat Owned by Foreigner in Indonesia and Singapore David Tan
Journal of Judicial Review Vol 19 No 2 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Looking at the effects of globalization, the amount of expatriates coming to Indonesia and Singapore is constantly increasing. They come as a foreigner to do business and stay within a period of time. The scarcity of land area and certain national interest against land, are factors pushing the development of flats and strata living area (strata title). This type of dwelling is commonly the choice preferred by foreigner to live on. The flat ownership criteria and its rights to serve as a security interest for loan, especially for foreigner who owns it is then the problems arising out of it. This research is carried out to find out the process of owning a flat and its charge as security interest, such as encumbrance right/mortgage, especially by foreigner, both in Indonesia and Singapore. The prerequisite, process, advantages and disadvantages of methods used by the two countries. This research is using the normative juridical method of analyzing the laws of Indonesia and Singapore. Sources of data used are in forms of primary legal materials, secondary legal materials and tertiary legal materials. Data collection technique is done through the method of literature study (library research). After all of the data are collected, the data are processed and analyzed. The qualitative analysis is used with the intentions to classify aspects of data studied. Furthermore, it is then concluded that the research associated with this is then described descriptively. Based on the results of this study and research showed that there are some similarities and differences regarding the process of owning a flat and its charge as security interest, such as encumbrance right/mortgage by foreigner in Indonesia and Singapore. This similarities and differences, especially in the law system implemented by both countries also caused several advantages and disadvantages regarding it.
Perbandingan Hukum Humaniter Internasional dan Hukum Humaniter Islam Terhadap Tawanan Perang Rama Hadi Priyono; Rina Shahriyani Shahrullah
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Writing and this study to study and said problems on regulation of and comparison treatment a prisoner at law humaniter international and islamic law humaniter to treatment prisoner group Abu Sayyaf in South Philippines . This research including the kind of research normative law.The kind of data that used is taken from secondary data.Technique data collection be used for example through study literature. This research referring to the hague convention 1907 and the geneva convention 1949 where both this convention set about the war and more specifically about a prisoner of war .Then , superimposed on the source of islamic law is Al-qur’an and hadist against islamic views on war and there treatment in captivity .On the source is found the equation similarities and differences about the war and treatment hostages
Efektivitas Layanan Terpadu Satu Atap (LTSA) Kota Batam Dalam Menekan Jumlah Pekerja Migran Indonesia Yang Illegal Di Luar Negeri Felicia felicia; Windi afdal
Journal of Judicial Review Vol 22 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v22i1.826

Abstract

In this era of globalization, many Indonesian citizens choose to work abroad because of limited employment. However, many migrant workers do not have a permit as legal migrant workers. To reduce the number of illegal migrant workers, the Government then established one-stop integrated services in a number of places in Indonesia, one of which is in the city of Batam. This LTSA aims to realize the effectiveness of the organization of migrant worker placement and protection services. However, Batam City LTSA is still considered not optimal (not effective) by BNP3TKI. This study aims to determine the effectiveness of the implementation of One-Stop Integrated Services in Batam City for Migrant Workers and efforts that can be implemented to improve the effectiveness of One-Stop Integrated Services. This research is a sociological legal research which was compiled using qualitative methods based on the theory of legal effectiveness from Soerjono Soekanto. Sources of data in this study are primary data and secondary data. All data obtained are analyzed and processed by the author. After that, conclusions will be interpreted from the relationship with this research, and will be explained descriptively about the Effectiveness of the One-Stop Integrated Services (LTSA) in suppressing the number of Illegal Migrant Workers outside Indonesia. Based on the results of this study it was found that the implementation of LTSA in Batam City was not optimal or not effective because there were a number of obstacles in the licensing process for migrant workers, namely in legal factors (there are no local regulations governing), law enforcement factors (there are still related agencies that have not assigning members in the LTSA office), community factors (lack of awareness to become migrant workers according to procedures), and cultural factors (lack of cooperation between agencies and the community to realize the value of tranquility). Then, to overcome the obstacles, efforts that can be made include the Governor Regulation or Provincial Regulation that can bind, regulate and coordinate from various agencies involved in one umbrella, improve agency performance, provide training, provide sanctions, and evaluation.
Penerapan Prinsip Customer Due Diligence Dalam Mencegah Tindak Pencucian Uang Di Pt Bank Artha Graha Internasional Cabang Batam Lendrawati Lendrawati; Maninda Ayuwandari
Journal of Judicial Review Vol 20 No 2 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to find about the application of Customer Due Diligence (CDD) based on Bank Indonesia Regulation Number 14/27/PBI/2012 on the Implementation of the Anti-Money Laundering and Terrorism Funding Preventation for Public Banks in preventing acts of money laundering in PT. Bank Artha Graha Internasional Branch of Batam. This research uses research methods which constitute the normative conceptual legal research about application of Customer Due Diligence and follow up on prevention of money laundering. This research was compiled by using the juridical normative research type. The source of the data used are secondary data sources. After the data is collected, researcher processed and analyzes the data. So collect lageal materials, and describing in connected in such a way, then drawn the conclusion that answers the problems that have been formulated. Based on the research results and conclusions generated discussion, based on the PBI 14/27/PBI/2012, Customer Due Diligence is an activity form of identification, verification, and monitoring is done to ensure the the transactions are in accordance with the customer’s profile, which in its application is a process sustainability, which began at the opening of the account and its performed continuously during the customer has accounts in PT. Bank Artha Graha Internasional Brach of Batam. Then when the discovery of a suspicious financial transactions, the PT. Bank Artha Graha Internasional Brach of Batam has the obligation to report suspicious financial transactions to the PT. Bank Artha Graha Internasional Center for acted upon. Next, reported suspicious transactions to PPATK
Analisis Perjanjian Pembangunan Jembatan Bintan-Dompak Antara PT. Nindya Karya dengan Pemerintah Kepulauan Riau Rina Shahriyani Shahrullah; Ampuan Situmeang; Any Lindawaty
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Dompak Island to Bintan Island bridge construction is a building construction between the government and the private company which then became a written contract that had been agreed by both parties. However, later in time, what was written in the contract was not obeyed by both parties and caused a legal problem between the Riau Islands Government and PT NindyaKarya. Based on the description above, the researcher wanted to analyze Bintan Island- Dompak Island bridge construction implementation whether it had referred to the legal and proportion principles. The researcher also wanted to know the factors, impacts, and efforts that has been done by both parties. The research method that using empirical/sociological law method is done by examining the written positive law requirements used to guide the Bintan Island- Dompak Island bridge construction implementation agreement, and then examined the positive law implementation on the in concreto legal events. The result showed that Bintan Island-Dompak Island bridge construction implementation agreement had not fully obeyed the legal and proportion principles. In the end, the researcher recommended to continue the project of the bridge with the risk of falling down which could bring a big loss to the country, to make the content of the agreement clear and detail, done by the efficient, affective, and accountable goods procurement which in line with the necessity and target set to give a maximum advantages for the society. The legislations made by the government should not contradict each other because it would cause the society to suffer and the welfare society could be realized.
Penerapan Konvensi ILO Terhadap Anak Yang Bekerja Di Negara Indonesia Dan Negara Singapura Siti Nurjanah; Leny Pratiwi
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Child means a person who has not completed his 18th year of age. Children must be protected especially for violence, discrimination, right for child, child work for life, and family, etc. International Labour Organization (ILO) is a organization to accept issues worker/employment under United Nation (PBB). ILO has made regulation for child worker like ILO Convention Number 138 about Concerning Minimum Age For Admission To Employment and ILO Convention No. 182 Concerning The Prohibition And Immediate Action For The Elimination Of The Worst Forms of Child Labour. Some report about child worker below minimum age, type of work for child labor, and working hours are not allowed to work has happened right now like sell newspaper at night and child working at handphone shop.This research is a normative law by using the method of comparative law . The data used in the form of secondary data . As for the data mining is done with literature (library research) and interviews. After all the data collected, the data will be processed and analyzed, the qualitative analysis is used to mean the group data studied aspects. Furthermore, the conclusions drawn related to this research, then described descriptively .Based on the results of this study, its showed that some application and to hold Convention ILO Number 138 and 182 also conviction to applied has given protection still to increase because so many cases child working and the penalty not give to discourage for people acted against the law.
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.

Page 10 of 27 | Total Record : 268

 8   9   10   11   12 

Filter by Year

2007 2025


Reset
Filter By Issues
All Issue Vol. 27 No. 1 (2025): June 2025 Vol. 26 No. 2 (2024): December 2024 Vol. 26 No. 1 (2024): June 2024 Vol. 25 No. 2 (2023): December 2023 Vol. 25 No. 1 (2023): June 2023 Vol 25 No 1 (2023): June 2023 Vol. 24 No. 2 (2022): December 2022 Vol 24 No 2 (2022): December 2022 Vol 24 No 1 (2022): June 2022 Vol. 24 No. 1 (2022): June 2022 Vol. 23 No. 2 (2021): December 2021 Vol 23 No 2 (2021): December 2021 Vol 23 No 1 (2021) Vol 22 No 2 (2020) Vol 22 No 1 (2020) Vol 21 No 2 (2019) Vol 21 No 1 (2019) Vol 20 No 2 (2018) Vol 20 No 1 (2018) Vol 19 No 2 (2017) Vol 19 No 1 (2017) Vol 18 No 2 (2016) Vol 18 No 1 (2016) Vol 17 No 2 (2015) Vol 17 No 1 (2015) Vol 16 No 2 (2014) Vol 16 No 1 (2014) Vol. 15 No. 1 (2013): Journal of Judicial Review Vol. 14 No. 1 (2012): Journal of Judicial Review Vol. 13 No. 1 (2011): Journal of Judicial Review Vol. 12 No. 1 (2010): Journal of Judicial Review Vol. 11 No. 1 (2010): Journal of Judicial Review Vol. 10 No. 1 (2010): Journal of Judicial Review Vol. 9 No. 1 (2009): Journal of Judicial Review Vol. 8 No. 1 (2009): Journal of Judicial Review Vol. 7 No. 1 (2009): Journal of Judicial Review Vol. 6 No. 1 (2008): Journal of Judicial Review Vol. 5 No. 1 (2008): Journal of Judicial Review Vol. 4 No. 1 (2008): Journal of Judicial Review Vol. 3 No. 1 (2007): Journal of Judicial Review Vol. 2 No. 1 (2007): Journal of Judicial Review Vol. 1 No. 1 (2007): Journal of Judicial Review More Issue