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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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Indonesian Legal Approach of The Implementation of Tax Amnesty Ferry Ferry
Journal of Judicial Review Vol 20 No 2 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The Purpose of this research is to see the implementation of the Tax Amnesty program in Indonesia and how will it be giving Advantages and Disadvantages to Indonesia. This final project produce some perspective from the author about what matters with the impact of this implementation of Tax Amnesty program to Indonesia from what are the reasons and purposes of this programs up to the reactions of all the citizens to this program. And in this final project, there will also be some other perspective from different parties such as lawyers, government, and also citizens that take part in the Tax problems. These research found that there are some conspiracy between how peoples react on the implementation of the program showing how they most likely disagree with the program and also from the other side. How government giving out their reason why they are still urging this program even though they know all the chaos going on in the public. This paper also produce arguments purely base on author’s idea of thinking and base on various of theories and mindsets from law experts, reasoning out that how author will judge the situation and all the cases took place in Indonesia regarding the implementation of Tax Amnesty program in Indonesia.
Pelaksanaan Putusan Pailit Pengadilan Indonesia Terhadap Pailit yang Melintas Batas Negara Siti Nurjanah; Ervinna Ervinna
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Along with the development of technology and science, international business transactions conducted by businesses around the world more and more. However, with this increase, the issue of cross-border insolvency often found and become a global problem. To overcome this problem in every country both countries that follow civil law and common law countries adopt and enforce the principle of territoriality principle of universality. Given the importance of cross border enforcement of bankruptcy to protect the rights of creditors and provide legal certainty for the parties concerned in a cross border bankruptcy cases. This study describes clearly and accurately on the implementation of the bankruptcy decision of a foreign court against the bankrupt crossing national borders. This research is a normative juridical law by using comparative law. Data used in the form of secondary data. Data mining is done with literature (library research). After all the data is collected, the data is then processed and analyzed, the qualitative analysis was used to group the data point to the aspects studied. Furthermore, the conclusions drawn related to this research, then described descriptively. Based on this study that the state of Indonesia enacted bankruptcy decision courts of foreign countries in its own territory with the following conditions: to appeal to the judge Indonesia to execute the decision of the bankrupt country in the territory of Indonesia, performing for bankruptcy in the Commercial Court Indonesia to accept the decision handed down by Indonesian courts, Indonesia and the country has a bilateral agreement that allows both countries to resolve cross border insolvency.
Penerapan Putusan Arbitrase Internasional Ditinjau dari Undang-Undang dan Hukum Acara di Indonesia Lu Sudirman; Ritaningtyas Ritaningtyas
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This research to determine the application of the decision of the International arbitration in resolving disputes in Indonesia based on Law No. 30of 1999 on arbitration and dispute resolution as well as procedural law in Indonesia. This research is a juridical normative legal research using comparative law method. Therefore the source of data used was a secondary data source which were gathered with literature review technique. Upon the gathering of the data, such data was processed and analized with analitic qualititative descriptive method, meaning that by grouping of data in accordance to the aspect studied and afterwards the conclusion was drawn and descriptively elaborated. The result conclude that International arbitration decision can be implemented in Indonesia if it is approved by the Chairman of the Central JakartaDistrict Court. Where the decision of the international arbitration is a dispute in the areas of commercial law and does not violate public order throughout the country Indonesia. Where the law number 30 of 1999 on arbitration and dispute resolution and the Supreme Court Regulation No. 1 of 1990 on procedures of foreign arbitral awards, still leave a gap to the Central Jakarta District Court to reject or annul the decision of international arbitration in Indonesia. With the enactment of Supreme Court Regulation No. 1 of 1990, the Indonesia ratified the New York Convention in 1958 concerning the recognition and enforcement of foreign arbitral award or international arbitration. It is thus an international arbitration ruling can be implemented or cannot be implemented in Indonesia
Penerapan Ketentuan dalam Praktik Sita Jaminan Atas Saham guna Memperoleh Kepastian Hukum Adelia Audiana Gerchikova
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.v22i1.757

Abstract

This research is intended to assert the legal basis for Shares Guarantee Seizure implementation, and execution mechanism towards Court Judgement of Permanent Legal Force, based on positive laws, which should be enforced as an actual legal basis in order to achieve legal certainty as a practice of Shares Guarantee Seizure implementation. The research is conducted through normative juridical method approach with descriptive analytical research specifications, and data analysis performed with qualitative methods. This study results shown, firstly, the actual legal basis for the efforts of Shares Guarantee Seizure is contained in article 227 section (1) of HIR in conjunction with Article 511 of The Indonesian Civil Code, as long as its implementation fulfills the basic requirements. Therefore, the Judges are forbidden to refer to Book II of Technical Guidelines for Administrative and Practical Civil Justice as a basis of legal considerations in their verdict, given that these guidelines are not the product regulation. Secondly, there are several distinct in the execution mechanisms of Shares Guarantee Seizure towards limited companies, concludes that Guarantee Seizure of a private company stock is merely administrative by way a Bailiff registered the stock identity in Department of Law and Human Rights (Depkumham), that no obstacles were encountered in performing the execution. While shares guarantee seizure execution of a public company is way too difficult because it is hard to identify respective stocks on Stock Market. Juridically speaking, the stock is happened to be seized, but the execution is not possible to comply. Both mechanisms have not been asserted in HIR, therefore the rule itself became unclear, whereas rules supposed to achieve legal certainty. Hence, to obtain legal certainty, new product regulations for Procedure of Civil Law are required in legislation (wet) arrangement, which should accommodate most of legal issues dynamics in Indonesia.
Hak Waris Anak Adopsi Ditinjau dari Kuhperdata dan Hukum Waris Adat Tionghoa di Kota Tanjungpinang Florianus Yudhi Priyo Amboro; Suriani Suriani
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Pluralism Inheritance Law in Indonesia is recognized with different legal systems which are based on Indonesian Civil Code, Islamic Law and Customary Law. The implementation of the adoption with a difference rules raises different legal consequences in the case of inheritance. Chinese society basically applies Indonesian Civil Code meanwhile have the rights over the choice of law to apply the Customary Law. The issue was discussed regarding the setting up and implementation of child adoption observed from Indonesian Civil Code (Burgerlijk Wetboek) and Chinese Customary Law. The purpose of this research was conducted to find out the rules and implementation inheritance for child adoption and directs the society in the determination of the appropriate law in the implementation of the inheritance distribution. The method of research conducted by the author is normative legal research by conducting data collection techniques by means of the study of librarianship and interviews. Furthermore, data analysis is done by descriptive qualitative way to solve those problems in research. The results of the research are the child adoption has the rights to inherit adoptive parents’ heritage with the same portion along with the other heirs based on Burgerlijk Wetboek. Inheritance of Chinese Customary Law applies the principle of semi-parental with child adoption get a part smaller than the other heirs except there is another provisions attached to each family depending on the decision of the deceased by observing the condition or the child adoption’s behavior in the family.
Tinjauan Yuridis Atas Pelaksanaan Pemilu Legislatif Tahun 2014 di Provinsi Kepulauan Riau Rina Shahriyani Shahrullah; Wagiman Wagiman; Rendra Topan
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Elections , which is a means of implementing the people's sovereignty is exercised directly, free, general, secret, honest, and fair within the unitary State of the Republic of Indonesia based on Pancasila and the Law – the Constitution of the Republic of Indonesia in 1945 and is an important component in the democracies adhere to the system of representation. Implementation of legislative elections by 2014 has been implemented in accordance with laws related legislation. But still found plenty of problems and constraints then then researchers will lift a thesis with the title of the study "Review Of The Implementation Of The Juridical Legislative Elections By 2014 In The Riau Islands Province". And problems examined are the legal basis for the implementation of the legislative elections of 2014, the issues facing the Electoral Commission province of Riau Islands as well as the solution of the Electoral Commission of Riau Islands Province in solving legislative elections by 2014. Research results in the conclusion that the conduct of the legislative elections in the province of Riau Islands has implemented appropriate laws related legislation elections. While the obstacles faced in the Legislative Elections in the province of Riau Islands is verification of political parties, the electoral region, campaign, voters Remain , recapitulation of votes and dispute the results of the general election. To resolve the constraints in the implementation of legislative elections, election commission coordinate with related agencies, election watchdog (Banwaslu) and any solutions that are taken accordance with the provisions of the applicable laws.
Penerapan Hukuman Mati Tindak Pidana Narkotika Di Indonesia Lu Sudirman; Elizabeth Gunawan
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This research is to describe about the juridicial policy Application of the death penalty law in Crime Narcotics in Indonesia. This study in terms of laws and regulations related to know what factors are becoming resistor and supporter in applying the death penalty under the provisions of law in Indonesia.This research is a normative research by using the method of qualitative. This type of research is using literature (library search) where is the data collected, the data is then processed and analyzed qualitatively whereby the data obtained and compiled systematically. Furthermore, the conclusions drawn from the results of research and described. The conclusion of this research study is based on the obtained results are reviewed by the author of three problems: first by Law No. 39 Year 1999 concerning the HUMAN RIGHTS according to a human rights perspective on the application of the death penalty in Indonesia. Secondly, based on Law No. 35 Year 2009 on Narcotics namely about how the pros and cons on the basis of the law relating to the death penalty that occurred in Indonesia. Third, in terms of the view of Christianity in comparison with Islam regarding the death penalty in Indonesia.
Analisis Perlindungan Hukum terhadap Konsumen Pengguna Jasa Ojek Online di Kota Batam Alfis Setyawan Setyawan; Deeky Agus Sufandy
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The development of today's advanced and sophisticated communications technology also provides changes in the field of transportation with the utilization of applications to facilitate the ordering. Ojek transport online is currently growing rapidly in major cities in Indonesia including Batam City due to the convenience or practicality provided in various services that continue to be innovated by service providers tailored to the needs of service users. This research was conducted by using normative-empirical law research method. Normative-empirical legal research uses secondary data and also adds primary data. Secondary data in this research is data obtained from library materials and primary data obtained from the source of ojek online application company in Batam (Go-Jek Batam City). The data have been analyzed using qualitative descriptive method. The result of this research is the legal relationship between the consumer as the user of the ojek transportation service online with the business actor form of an electronic agreement, the legal responsibility of the online motorcycle company relates to the presumption based responsibility, while the legal responsibility of the motorcycle driver online is related to the principle of responsibility based on the element of mistake and the principle of presumption to always be responsible, the legal protection of the consumer as the user of the transportation service ojek online in Batam City by providing protection for its consumers in terms of security, safety and comfort and protection of the rights of victims (consumers of service users).
Penerapan Undang-Undang Nomor 30 Tahun 2009 Tentang Ketenagalistrikan di Pulau Batam Jon Ledi Silas
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This study examined the implementation of Law No. 30 of 2009 (the Electricity Law) in Batam Island by focusing research on PT PLN Batam as the main and largest electricity supplier in Batam Island. The results of the study found out that the implementation of the Electricity Law in Batam Island by the Batam City Government was not fair, especially on issuing the electricity business permit, business area and tariffs Batam Island. The Batam City Government as the holder of authority to carry out the regulatory functions should implement policies that favor the balance of interests of national, regional, consumers, and the electricity providers for the sake of the macro interests and the future of electricity in Batam Island.Special attentions from the Batam City Government and other stakeholders are needed in order to make sure that PT PLN Batam can be managed professionally, able to support itself, and able to develop continuously because of the performance and development of PT PLN Batam directly impacted the general development of electricity and that ultimately also determined the development of the economy and the welfare of society in the islands of Batam, Rempang and Galang.
Analisis Yuridis Peningkatan Penanaman Modal Asing Di Kota Batam Junimart Girsang; Lu Sudirman; Desy Susanti
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Since the development of Batam in 1970 until today. Great progress has been achieved so far, by the end of 2013, Batam has accumulated a total of about US $ 16.47 billion. However, the increase in foreign investment in Batam do not necessarily make Batam as the main destination of foreign investment. Indonesia Investment Coordinating Board (BKPM) set a best of seven provincial investment sector "Regional Champioship" in 2011. Kepulauan Riau (Batam) are not included in the list issued by BKPM best. This is due to the dualism of leadership in Batam which give rise to a conflict of regulations produced by the Free Trade Zone Authority (BP Batam) and the governmentof Batam which create legal uncertainty for foreign investors and the establishment of one door integrated services are facing obstacles of coordination between institutions, this is due to the licenses investors related departments / agencies of government that has not been delegated to the authority permissions to the BKPM so that the effectiveness of the one stop service has not reached its full potential, and also labor turmoil that demands minimum wage increases that often culminate in a demonstration anarchists that threaten conduciveness foreign investment in Batam. This research is a normative juridical law, because the data to be retrieved and examined are the data obtained through the primary legal materials, namely Law No. 25 Year 2007 on Investment by using secondary law approach to the principles of law in Indonesia.

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