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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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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
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Analisis Yuridis Perjanjian Kawin Pasca Perkawinan Berdasarkan Putusan Mahkamah Konstitusi Nomor 69/Puu-Xiii/2015 Winsherly Tan
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This undergraduate final project criticizes about the post nuptial agreement, where before the decision of the Constitutional Court Number 69/PUU-XIII/2015 the marriage agreement can only be made before the marriage takes place. The purpose of this study is to determine the legal consequences of making a marriage agreement after marriage and the legal protection against third parties. This research is legal research with normative method, that is literature study and supported by interview result as supporting data. The data has been collected and then processed and analyzed, then prepared and described descriptively by taking conclusions from the results of data analysis. The results obtained from this study are the post-marriage agreement applicable to the parties making the marriage agreement and related third parties, as a result of the law arising out of the marriage agreement after marriage. Third parties must obtain legal protection in all matters related to the marriage agreement after marriage through preventive and repressive action.
Analisis Terhadap Tindakan Aborsi Menurut Undang – Undang Nomor 36 Tahun 2009 Tentang Kesehatan Lu Sudirman; Susilawati Susilawati
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Abortion was an act which prohibited in Indonesia. This had been regulated in KUHPidana generally and specificly regulated under Law No. 36 of 2009 About Health. In this Law explained about the legal abortion that caused by raping victim and there was an indication of health problems. However, based on the data from Family Planning Coordination Forum that shown the amount of abortion case reached 2,4 million on 2012. Then, most of that had been done not because the reason of being raping victim and health problems.The purpose of this research is to analyzed the juridical review about abortion case according to the Law No. 36 of 2009 About Health. Then, also analyzed the legality of the abortion action that regulated under that Health Constitution.This research was based on normative law and using comparative law on the appication. The data that had been used was primary data and secondary data, those data then will be proceed and been analyzed, qualitative analysis will be used on the data grouping suitabling with the aspect that will be research. Then, the conclusion that related to this studies wil be explained descriptively.According to the research oucome, we found out that The Law No. 36 Of 2009 About Health already been so detailed regulated about the abortion act that had been legalized. In fact, in Indonesia there were still a lot ilegal abortion case that happened and missused the rule that exist under the Health Law that legalized the abortion on raping case.
Status Kepemilikan Satuan Rumah Susun Oleh Orang Asing Di Indonesia Dan Singapura Siti Nurjanah; Gusita Christa
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Indonesia and Singapore, the two countries are quite attractive to foreign investors, as an ideal choice to invest in property. Indonesia and Singapore, which although the government open up opportunities in foreign ownership of property, but there are also still limited and have restriction by existing regulations. Thus, it doesn’t means chance of foreigners to have property are closed at all. Considering type of property with the ownership status can be granted to foreigners is limited, one of them which is flat unit. Therefore, to avoid misunderstanding to the limitations of the type of property, especially flat unit and ownership that can be owned by foreigners and provide legal certainty for foreigners who want to buy a flat unit in Indonesia and/or Singapore, so it is important to do research particulary regarding to the ownership status on flat unit by foreigners in Indonesia and Singapore.This research is a normative law research or known as normative juridical research be based on comparative law. Data used in this research is secondary data which includes primary legal materials, secondary, and tertiary. With data collection techniques using literature study mode, then the collected data was analyzed by descriptive qualitative analysis.The research obtained results that there are differences over the status of ownership of flat unit by foreigners in Indonesia and Singapore. Viewed from ownership of flat unit by foreigners in Indonesia and Singapore, ownership in Indonesia is more limited than Singapore which not too restricted in ownership of flat unit by foreigners.
Analisis Yuridis terhadap Implementasi Pasal 362 Kitab Undang-undang Hukum Pidana Tentang Pencurian pada Kasus Kendaraan Bermotor di Kota Batam Kie Linten
Journal of Judicial Review Vol 19 No 2 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study is to analyze the implementation of article 362 of Criminal Code which conducted by law enforcement institution. This implementation analysis reviewed from regulation of enforcement law institution on vehicle’s robbery case. Due to uncooperation among enforcement law institution and other related state institutions such as Women Protection Commision, Children Protection Commision, Batam’s Major, Batam Indonesia Free Zone Authority (BIFZA) so as unefectiveness happended on avoidance of robbery case especially vehicle’s robbery in Batam city. Metedology used on this this research is empirical legal research which the secondary data obtained quantitatively to got a description of the main problem by using deductive thinking method. Primary data grouped based on variable research then analyzed quantitatively using statistic data formula so the clear description of main problems obtained. Data collection techniques are through field studies in the form of interviews and documentation studies. Thus, this analysis is defined through tables, graphs, and diagrams related to the problems studied. Bassed on this research can conclude: First, the implementation of article 362 of Criminal Code about vehicle’s robbery in Batam city has been implemented by the legal institution despite still not meet the legal efectivity yet. Second, the best solution to avoid vehicle’s robbery in Batam city are to increase the people welfare, consistency of legal enforcement and the availability of job oppurtunity for the poor people.
Analisis Putusan Ma Nomor: 261 K/Pdt.Sus/2011 Mengenai Sengketa Merek Dagang Antara Paimin Halim Dan Abdul Alex Soelystio Wishnu Kurniawan; Erni Yuliani
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The world economy continues to grow to adulthood, because the goods or services produced by the company is required distinctive mark, the purpose of difference is to give a name, marks, symbols or colors that are often known by the brand. The research problem is how the provision the use of brands in terms of the Act and the Trademark Is Supreme Court ruling Number 261 K / PDT.SUS / 2011 in accordance with Law number of 15 of 2001 on Marks.This research uses normative research which describe the legislation that apply, especially in Act 15 of 2001 on Trademark linked with legal theories in practice related to implementation of the problems studied by the author. Secondary data collected for study was conduted through library research to the material that the relevant law.Based on this study towards the cases can be concluded that the Trademark violation committed by Abdul Alex Soelystio that is using its trademark called "Kopitiam" the word element in the public domain which is genetic. Panel of Judges of the Supreme Court in its Decision No. 261 K/Pdt.Sus/2011 and the Commercial Court in Decision No. 5/ Brands2010/ PN. Commerce. Mdn. The second verdict stating that Abdul Alex Soelystio is the sole owner and holder of the rights to the brand Kopitiam exclusive in Indonesia for 43 types of class services, but does not fit in the application are listed in Law No. 15 of 2001 on Trademarks.
Tinjauan Yuridis Perlindungan Tenaga Kerja Indonesia Di Malaysia Winsherly Tan
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study is to describe clearly about the rights of Indonesia migrant workers who work in Malaysia. Indonesia is the largest migrant-sending countries in ASEAN and the largest migrant-receiving countries of Indonesia in ASEAN is Malaysia. Indonesia itself as a migrant-sending countries already has regulations that governing the protection of the rights of migrant workers working abroad, namely in the Constitution of 1945 set in general on the rights of migrant workers, and more specifically regulates the protection of the rights of Indonesian migrant workers abroad, namely in Law No. 39 of 2004. Malaysia itself also has regulations that governing the protection of migrant workers, namely the 1955 Employment Act.This research is a normative law by using the method of comparative law. The data used in the form of primary and secondary data. Performed with data mining literature (library research). Once all the data is collected both primary data and secondary data, the data is then processed and analyzed, the qualitative analysis was used to group the data point by the studied aspects. Further conclusions drawn related to this study, then described descriptively.Based on the results of this research, Regulations in Indonesia and Malaysia that governs the protection of the rights of migrant workers who work abroad have not been effective in terms of both rules substance and implementation. Memorandum of Understanding (MoU) governing labor migration between the two countries (Malaysia and Indonesia) in 1998 and signed another one on May 10, 2004. MOU made by the two countries also contains many weaknesses in this MOU are not regulated at all about the migrant workers who work at home and have not been effective in protecting the rights of migrant workers.
EFEKTIFITAS BASYARNAS DAN PENGADILAN AGAMA SEBAGAI LEMBAGA PENYELESAIAN SENGKETA ASURANSI SYARIAH DI INDONESIA Winda Fitri
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study is to describe clearly and carefully about the process of dispute resolution on Sharia insurance in Indonesia referring towards law regulations and to acknowledge the law-effectiveness of BA-SYAR-NAS and the Religious Court as the institutions with equal authorities for Sharia insurance dispute settlement in Indonesia. The research method applied on this study is sociological legal approach. The data utilized are secondary and primary data. After the entire data have been collected, they were being processed and analyzed. The qualitative method were used to analyzed aspects as they were studied. Furthermore, the conclusion was drawn according to this study, alongside a descriptive elaboration. Based on the result of this research-study, it has been accounted that the process of dispute resolution of insurance could be settled by two legal institutions. According to the theory of the “Effectiveness of Law” by Soerjono Soekanto, BA-SYAR-NAS is more effective in terms of settling the dispute of Sharia insurance corresponding to the court principles of simple, efficient and low-cost. Nevertheless in reality, that the legal culture of the society leans more towards the Religious Court.
Penyelenggara Jaminan Sosisal Ketenagakerjaan Terhadap Sektor Jasa Konstruksi Di Provinsi Kepulauan Riau Rina Shahriyani Shahrullah; Wagiman Wagiman; Surya Rizal
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The law theories used by the researcher were the progressive law theory and law affectivity law theory with empirical research method to analyze how legislations were implemented in. The results showed that not all of the constructions projects at Riau Islands Province had been registered at Tanjungpinang Labor Social Security Agency, so that not all of the workers got the normative rights and legal protection on the social risks such as sickness, working accident, disability, and death. In Undang-Undang RI Number 40 year 2004 about National Social Security System, Ministry of Labors and Transmigration Decree Number KEP-196/MEN/1999, and Riau Islands Governor Legislation Number 18/XI/2005 about Constructions Service Sector Labors Social Security Programs had obligated the constructions service employers to register their labors to Labor BPJS. The implementation of labor social security programs for constructions workers was not optimal because of some factors, starting from the governments who were not firm and the lack of control, the employers who were lack of the awareness about the duty and still thinking that being BPJS member was a burden, the labors who did not care about their rights because they were lack of education, and the agency who did not maximize the socialization. From the progressive law point of view starting from the basic assumption that law was for humanity not the other way around, a law problem raised so that the legislations should be fixed including the behaviors of the employers/contractors, the government, and also the Social Security Agency itself. While if it was related to the affectivity theory, the constructions service sector labors protection implementation would not be well implemented without the good enforcement and.
Analisis Terhadap Pelaku Tindak Pidana Eksploitasi Seksual Pada Anak Melalui Media Internet Eko Nurisman; Jefferson Jefferson
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The Internet is a space of information and communication that promise through the boundaries between countries, dissemination and exchange of knowledge worldwide. The presence of the Internet would have a positive impact in the technology of information, the exchange of all data information can be sent or accessed quickly. In addition to having a positive impact the Internet also have negative effects when misused it can even be a crime. The forms of crime today's internet world increasingly varied such as data theft, copyright violations and even crimes against children for sexual exploitation of children. The research method used in this essay is normative and the findings are presented in descriptive analysis to investigate and secondary data in the form of resources and materials related literature of criminal law and the law of information and electronic technology. Based on the results of the study it can be concluded that the Arrangement laws against the crime of sexual exploitation as stipulated in UU ITE currently there are still weaknesses or deficiencies. In Article 27 paragraph (1) there is a term "decency" is grammatically not be equated with sexual exploitation of children that can lead to legal loopholes in it and Implementation of criminal sanctions against the perpetrators of sexual exploitation of children in this case the judge has not been able to deploy an maximum penalty as contained the demands of the Public Prosecutor. Child sex offenders according to the ITE Law must be added a third weighting principal criminal.
Pengakuan Dalam Pembentukan Negara Ditinjau Dari Segi Hukum Internasional Elsa Libella; Fatimah Zulfa Salsabila; Regika Pramesti Echa Marsanto Putri
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.v22i2.1498

Abstract

Negara menjadi subjek terpenting dan utama dalam hukum internasional di antara banyaknya subjek hukum internasional yang lainnya. Negara merupakan badan organisasi yang terdiri dari sekelompok individu dan terdapat peraturan-peraturan hukum yang berlaku serta bersifat mengikat bagi setiap individu yang tinggal di dalam wilayah tersebut. Suatu negara dapat dikatakan sebagai negara apabila telah memenuhi syarat pembentukan negara yang salah satunya yaitu pengakuan. Pengakuan merupakan salah satu tindakan yang dilakukan oleh negara lain terhadap suatu negara yang baru lahir atau baru terbentuk berupa pernyataan, persetujuan dan penerimaan yang mana negara baru tersebut sebelumnya telah memenuhi tiga unsur berdirinya negara yaitu adanya penduduk, wilayah dan pemerintah yang berdaulat. Dengan adanya pengakuan dari negara lain menandakan bahwa negara yang telah diakui tersebut memiliki kedaulatan dan telah merdeka. Pengakuan dari negara lain membuat keberadaan suatu negara terlihat dan memiliki kedudukan yang setara dengan negara-negara lain di kancah internasional. Selain itu, apabila suatu negara telah mendapatkan pengakuan dari negara lain maka negara tersebut dapat melangsungkan hubungan kerja sama antarnegara baik dalam bidang politik, sosial, budaya, ekonomi dan sebagainya. Dimana bentuk hubungan kerja sama tersebut dapat berupa kerja sama regional, bilateral maupun multilateral.

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