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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 272 Documents
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Analisis Yuridis Pemberantasan Perdagangan Manusia Di Indonesia Dan Vietnam Siti Nurjanah; Boy Ericson Siahaan
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This research report has has the aim to determine the effort and the application of penalties in combating human trafficking crime committed by Indonesia as a country that ratified the Palermo Protocol 2000 on human trafficking and Vietnam as countries that ratified the UN Convention on Transnational Crime Organized (TOC) and the acceding the 2000 Palermo Protocol and to know how the application of criminal penalties for human trafficking in Indonesia and Vietnam. The UN also classifies the states according to the high level of human trafficking into the SYSTEM ( TIER ) is a Tier 1 , Tier 2 Watch List, and Tier 3 in order to be able to do oversight and the classification is based on the standards of the Trafficking Victims Protocol Act of 2000 (TVPA 2000). Methodology conducted by the author is doing normative legal research or research library where library materials constitute the basic data in (science) research classified as secondary data using juridical approach and data analysis in this research is descriptive qualitative.Indonesia has legislations and has made many efforts both bilaterally and multiteral with many countries in combating trafficking and has established various organizations in suppressing and combating trafficking in persons and Vietnam also has special regulations regarding to human trafficking, and effective start from early 2012, but still Penalty Code that determines the punishment of suspect and Vietnam have been doing international cooperation both in bilateral and Multiteral in combating trafficking in persons.
Hubungan Hukum Pekerja dan Keberlakuan Peraturan Perusahaan dalam Perusahaan Konglomerasi Windi Afdal; Carina Tan
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.v21i2.676

Abstract

This thesis reviewed about the legal relations of workers and the enactment of company regulations in conglomeration companies if contract of the workers in the parent company are transferred to other subsidiaries which are conglomeration companies with equal ownership or the existence of a very special relationship. The role of company regulations is very important in resolving industrial disputes where the existence of company regulations in every company in a conglomeration company will guarantee the rights between workers and the company in writing. In this thesis, Researcher finds that conglomeration companies include PT. AG, PT. TMI, PT. GCS and PT. KTI, that the Company Regulations are only owned by the First Company, which is PT. AG, but not owned by others. Then Researcher found out that the employees which status is PWKTT who had worked 3 years in the First Company were transferred by the management of the conglomeration company to the Next Company to avoid the status of PKWT.
Analisis Faktor dan Dampak yang Mempengaruhi Hengkangnya Penanaman Modal di kota Batam Lu Sudirman; Indah Novita
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Investment is any form of investment activities either by domestic investment or foreign investor to do business in the territory of the Republic of Indonesia, which aims to increase national economic growth, create employment, promote sustainable economic development, improve business competitiveness national, enhancing the capacity and capability technology, cultivating the potential economy into real economic power by using the funds originating, improving the welfare of the community. Investment is essentially the first step in economic development activities. However, the fact that is happening in the field today is the number of companies that closed the city batam increasing from 2014 to 2017 in the city of Batam. This causes the number of unemployed to increase. The research method used in this research is the method of legal juridical empirical research with qualitative approach that analyzes the synchronization of regulations that apply to the facts that occur in the field. Investment in Indonesia is regulated in Law Number 25 Year 2007 regarding Capital Investment. Investors consider that the Government through the Act as the main legal umbrella in the field of investment that regulates the policies on investment. It is seen that the government's policies do not work with as regulated in the Investment Law. This Government should play an important role in overcoming the emergence of factors that cause the impact of economic growth on the departure of investment in Batam city. If the government's follow-up is consistent and committed.
Pertanggungjawaban Penyidik Kepolisian Terhadap Penangkapan Error In Persona Ditinjau Dari Hukum Indonesia Dan Singapura Yudhi Priyo Amboro; Diki Diki
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study is to describe clearly and carefully about accountability kepolisi investigator in the case of error in terms of the legal persona Indonesian and SingaporeThis type of research is the study of normative law. Normative research study only to legal writing and books, also called the research literature. In this study will be more use of secondary data and primary data used as complement to the data.In this thesis consists of: primary legal materials, legal materials and secondary legal. Data mining is done with the study of literature and. 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.Based on the resultsof this study indicate that there is aprovision inabook of the lawof criminal procedure regarding the action so therwise permitted under investigation for quality regulation sandliability for the occurrence of errorin persona in terms of the laws of Indonesia and Singapore.
Pertanggungjawaban Hukum Terhadap Tenaga Kerja Wanita Indonesia Yang Di Deportasi Berdasarkan Undang-Undang Nomor 39 Tahun 2005 Wishnu Kurniawan; Erica Florentyna
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This study aims to determine the causes of labor deported. In addition, this study also aims to describe efforts to protect migrant workers abroad.This research is a normative law. The subject of research is determined by purposive technique. With purposive technique chosen subject of study is one of PPTKIS Tanjungpinang and former migrant worker from East Java that the documents had been forged. Data were collected by interview. Examination of the validity of the data using a cross check, the cross-check between research subjects and the results of interviews with documents obtained during the study. The results showed that 1) The cause of the occurrence of falsification of former migrant worker’s document from East Java is due to a lack of understanding of migrant workers in the field of employment, especially procedures to work abroad, the document Prospective migrant workers has not been orderly for some residents in rural / remote, the appeal of promising economic in a foreign country, rampant Calo / sponsor of labor, thus deported 2) Implementing Private Placement of Indonesian Workers (PPTKIS) Tanjungpinang served as a supervisor, mentor, protector and is responsible for pre-placement, placement period, to the period after the placement of migrant workers.
Perlindungan Hukum Hak Pekerja Harian Lepas (Studi Perbandingan Hukum Indonesia dan Hukum Singapura) Yudhi Priyo Amboro; Fendy Fendy
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

As a legal state, Indonesia is demanded to provide legal protection to all of its citizens including businessmen and workers. Legal protection towards the workers is intended to guarantee the basic rights of the workers in order to realize the welfare of the workers. However in practice, there are still cases regarding violation of the rights of daily paid workers. Different than Indonesia, Singapore which is one of the leading countries in Asia has categorized workers who has similar characteristics to daily paid workers as part-time workers. Therefore this research clearly described the similarities and differences of the legal protection on rights of daily paid workers in Indonesia and Singapore so that we could find the advantages in the legal protection offerred by Singapore. 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. Based on this research, the obtained result was that the legal protection to the rights of daily paid workers in Indonesia and Singapore has their own respective advantages. However, reviewed with the theory of the legal protection and the theory of legal justice, the law of Singapore provides more attention to the rights of its daily paid workers compared to Indonesia, this can be found on the provision of overtime pay, leave and social security system offered by Singapore, which has more attention to the achievement performed by its daily paid workers.
Legal Protection to Bank Customers Against Malware Trojan in Indonesia Steinly Liwong
Journal of Judicial Review Vol 19 No 2 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this research is to describe clearly about the legal protection in the existing laws and regulations in Indonesia particularly about legal protection toward bank customers or consumers which domiciled in Indonesia against cybercrime which in this research focused on Malware Trojan attacks. This research also aims to know what are the rights and obligations of financial service business which in this research, financial service business known as banks who provided internet banking services so could be use by their consumers which known as bank customers. This research is using normative legal research method with qualitative data analysis method. This research is using primary data and secondary data which the data based on the library research and the interview results which only as an additional to support this research. After all data have been collected, these data will be analyzed. According to this research, it explained that the existing laws and regulations in Indonesia are not really effective to give legal protection especially for the bank customers and banks. Aside from that, banks as the financial service business and customers as the consumers are not doing their obligations which have been ruled in the existing laws and regulations in Indonesia.
Perlindungan Terhadap Anak Dari Perkawinan Tidak Tercatat Berdasarkan Kompilasi Hukum Islam Dan Hukum Perdata Rina Shahriyani Shahrullah; Tresia Violita
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Basically marriage is a human right, but in virtually every human activity continue to be governed by the Act, as well as marriage. In the perspective of human rights, establish a family through marriage is the prerogative of the candidate husband and wife who are already adults. The state's obligation is to protect, record and issue a marriage certificate. But unfortunately, the reality is not sufficiently recognized by the state, even the Law No. 1 Year 1974 on Marriage and KHI no place for interfaith marriage. Clearly then the Law No. 1 of 1974 on Marriage should be revised again. Interfaith marriage are still carried out will have an impact in the future, such as the impact of the marriage's children, children who were born just to have a relationship with his mother alone. Interfaith marriage is not pekawinan mix in terms of our national laws because of mixed marriages under the Act referred to marriage as a marriage that occurred between citizen with foreigners.Methodology used in this research is normative juridical law. The data used in this research is secondary data obtained from the literature (library research) and field research (field research) that is, by interview with the speaker, Mr Cahyono, SH., MH Judges Batam, Mr. Jamaris Head .Dinas population and civil registries, Mr. Badrianus, SH., MH located in the city of Batam Religious Court, and Mr H.Hamizar, M.Sy as head KUA (Office of Religious Affairs) in Batam. Once all the data is collected, then processed and analyzed to find legal issues become the object of study and conclude, then described descriptively.These results indicate that one way in which the interfaith couples is by way of submission to one religion, where one of the parties to follow the religion of his or her spouse. Which is then recorded in accordance with their religious beliefs, to Islam at the Office of Religious Affairs and to the non-Muslims in the Civil Registry Office where the dilangsung her marriage.
Standarisasi Pelayanan Kedokteran Sebagai Upaya Preventif Malpraktek Kedokteran Dalam Perspektif Hukum Alfis Setyawan
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Act No. 36 year 2009 on Health and Act No. 29 year 2004 on Doctoral Practice were not enough to regulate about the doctoral service standardization. The doctoral service standardization as a national minimum standard was very required. The doctoral service standardization had to be in the legal regulation form so that it’s binding, had a law force, and at the same time became a doctoral malpractice preventive action because doctors had the legal obligations to do the practice based on the doctoral service standardization.
Prospek Pengaturan Cryptocurrency sebagai Mata Uang Virtual di Indonesia (Studi Perbandingan Hukum Jepang Dan Singapura) Yudhi Priyo Amboro; Agustina Christi
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.v21i2.665

Abstract

The development of information technology requires humans in modern times to adjust. Various modern payment instruments have been designed so that they can be used as a means to facilitate transactions. In addition to e-money, in recent years a virtual currency has emerged, known as cryptocurrency. In this paper, researchers formulated the problem form, including: comparison of Japanese and Singapore cyrptocurrency laws, payment systems in Indonesia at this time and then compared the prospects for the development of cryptocurrency whether it can be implemented in Indonesia in facing the globalization of the world. This research was conducted using a normative research method which was then compared to written regulations, theories, journals obtained from library materials. The current legal conflict faced by the State is that virtual currencies are not allowed to transact in Indonesia by the government. So this research was conducted with the aim of analyzing comparative law studies related to the prospects for the development of cryptocurrency in Indonesia, as well as examining whether cryptocurrency arrangements could be made in Indonesia.

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