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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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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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Aspek Religius dalam Pembaharuan Hukum Pidana melalui Politik Hukum Nasional Brian Septiadi Daud; Awaluddin Awaluddin
Journal of Judicial Review Vol 23 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i1.4334

Abstract

The purpose of writing is to see about the Indonesian National Law System which is based on Pancasila, especially precepts I, and also to see the accommodation of religious aspects in carrying out Criminal Law Reform through National Law Politics. The research method used in this paper is normative juridical research. The results of research in creating a Pancasila-based legal system can be carried out by applying the juridical-religious principle (for the sake of justice based on divinity) not just a formality of decisions but a substantive / material justice. Then also the paradigm of legal thinking from positivistic to positistic-empirical, which is necessary to make genuine science and law enforcement more useful, including the use of a holistic approach by taking into account the conditions of society. And in carrying out a good reform of the National Criminal Law, it is better to look at religious-based aspects / values ​​and create policies that are in accordance with society in general.
Eksistensi Tindak Pidana Ta’zir dalam Kehidupan Masyarakat Indonesia Ahmad Rofiq; Pujiyono Pujiyono; Barda Nawawi Arief
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.4957

Abstract

Ta'zir is one of the three divisions of criminal acts (jarimah) in Islamic Criminal Law. When compared with jarimah hudud and qishash diyat, jarimah ta'zir has a special character in the form of “kemaslahatan umum”. The character causes the mention of jarimah ta'zir not to be specified by the text, but rather the type and punishment handed over to ulil amri. If seen in the context of Indonesia, it is not possible to apply jarimah ta’zir in the midst of a plural society. In fact the term ta'zir is often used in referring to the penalties applied in the boarding school environment (pesantren). This research is a normative legal research. This research shows that the application of ta'zir in the pesantren environment is not just the use of the term alone but is the application of ta'zir as in Islamic Criminal Law. The empirical application of the concept of criminal ta'zir has actually been widely carried out in the social life of the Indonesian people. This is due to the pattern of jarimah ta’zir in the form of public benefit so that in actual social life Indonesia has already implemented jarimah ta’zir.
Contempt of Court dalam Pelaksanaan Putusan PTUN: Suatu Perbandingan Indonesia dan Prancis Fajar Rachmad Dwi Miarsa; M Zamroni; Ahmad Heru Romadhon; Cholilla Hazir Adhaningrum
Journal of Judicial Review Vol 23 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i1.4351

Abstract

The aim of comparing the TUN judicial system in France with the Indonesian state is to provide an analysis of the competence of state administration justice in France (its administrative court), particularly regarding the administrative or technical implementation of the judiciary. This can provide direction for the ius constituendum in the competence of the Indonesian State Administrative Court, as well as explain contempt of court actions in the implementation of TUN Judicial decisions between Indonesia and France. The research was conducted using a normative juridical approach and has a literary nature. The Indonesian state administration court system still expects an ius constituendum regarding contempt of court regulation. The French state is known as a country that has judicial authority in the world so that the French state does not recognize contempt of court in the application of the TUN court decision.
CSR Contextualization for Achieving the SDGs in Indonesia I Kadek Agus Setiawan; Puji Ayu Larasati; Irwan Sugiarto
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.5021

Abstract

Companies in Indonesia carry out corporate social responsibility (CSR) on the basis of taking care of contractual obligations, in this case complying with regulations made by the central and local governments. Normatively, ideally without contractual obligations, the company should not care about profits, but also care about the welfare of the community and environmental sustainability. This research wants to examine and reveal the relationship between CSR in realizing Sustainable Development Goals (SDGs) in Indonesia. The research method used is the juridical-normative research method. Supporting this juridical-normative research using a statutory approach, a historical approach, and a conceptual approach. The data needed in this research is secondary data obtained by using library research techniques. This research shows that Indonesia is a country that requires parties to implement CSR through regulations. There is a close relationship between CSR and sustainable development because CSR puts forward 3 principles, namely economy, society, the environment which are then in accordance with the goals of sustainable development. CSR is a sustainable commitment by the business world that acts as action and contributes to the community's economy and environmental sustainability. Therefore, SDGs can be contextualized as a viewpoint for every company in its business activities through various CSR activities such as greening programs, providing clean water facilities, improving settlements, increasing welfare, improving the quality of education, and other things related to sustainable development.
Perlindungan Merek sebagai Hak Kekayaan Intelektual: Studi di Kota Semarang, Indonesia Wizna Gania Balqis
Journal of Judicial Review Vol 23 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i1.4360

Abstract

The products produced by the creative economy will never be separated from the intellectual property in it, especially brands. However, the problem is that there are still many creative economy actors who do not register their product brands. This study uses a socio-legal research method with a statutory approach and a sociological approach. The results of this study indicate that a new brand will occur after the brand has been registered. Legal protection for creative economy product brands can be in the form of preventive protection and repressive protection. Preventive protection is provided by preventing the occurrence of trademark infringement to encourage trademark owners to register their trademarks to be legally protected. Meanwhile, repressive protection is carried out to deal with violations of trademark rights under applicable laws and regulations through judicial institutions and other law enforcement officers such as the police, Civil Servant Investigators, and the prosecutor's office to take action against violations of trademark rights. In the case of a request for violation of trademark rights, it is filed through the Ministry of Law and Human Rights.
Analisis Keterhubungan Konsep Merek dengan Nama Domain: Kajian Kekayaan Intelektual di Indonesia Sholahuddin Al-Fatih
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.4396

Abstract

Globalization has had a very significant impact on the pattern of human interaction. Migration from the citizen into the netizen era, slowly but surely will happen soon. Changes in this pattern of interaction is actually followed by changes in terms and systems that apply, for example in concern with the cyber law. Legal problems that did not happen in the real world, could happen in the virtual world. One form of problems that arise includes related disputes to domain ownership, concept of domain name law and the relationship between the concept of the trademark with the domain name. Legal products made by the government have not been thoroughly in providing legal protection for such domain name cases. So the authors feel the need to convey some legal analysis related to the connection between the concepts of trademark law with the law of domain names in Indonesia.
Role in the Forest Village Community-Based Forest Management Sustainable Development Sandy Kurnia Christmas; Marzellina Hardiyanti; Syailendra Anantya Prawira
Journal of Judicial Review Vol 23 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i1.4387

Abstract

The Village Forest Society Institution is present on the basis of the existence of a Joint Community Forest Management (CBFM) program from one form of Corporate Social Responsibility (CSR). This PHBM policy seeks to empower communities around forest areas with managed areas under the authority of Perum Perhutani in the Provinces of Central Java, East Java, West Java and Banten, except for conservation forests which are implemented to provide welfare efforts for forest village communities so that they can participate in enjoying the results. forest production through a sharing system based on SK. Directors of Perum Perhutani No.682 / KPTS / DIR / 2009 concerning Guidelines for Collaborative Forest Resource Management, Law on Forestry, Village Law, and other supporting legislation..The role of LMDH is needed so that the partnership system in PHBM is able to reach forest village communities through an institution that is formed as an institution that receives delegations from the central / regional government in the management of production forests in the area specified in PP No. 72 of 2010 concerning State Forestry Public Company. With the existence of this LMDH, it is ecpected to be able to provide welfare for the communites around the forest and jointly manage forests based on sustainable development, so that the sustainability and availability of forest resources for future generations can be maintained.
Urgensi Perlindungan Data Pengguna Financial Technology terhadap Aksi Kejahatan Online di Indonesia Winnie Stevani; Lu Sudirman
Journal of Judicial Review Vol 23 No 2 (2021): December 2021
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i2.5028

Abstract

The ease and sophistication of technology is used as a loophole for illegal persons to carry out their crimes against the personal data of fintech users so that this problem must be positioned as an urgency of legal protection for the privacy rights of each individual. This incident is also supported by the Covid-19 pandemic because all activities must be carried out online. With these problems, this study aims to determine the legal effectiveness of personal data protection in Indonesia and the resolution of the urgency of online crime against the personal data of fintech users. The results of this study indicate that the Indonesian government has not fully realized this crucial theme so that the protection of personal data cannot be carried out optimally by law enforcement officers. Therefore, this research will focus on a description of the importance of personal data protection in Indonesia, the forms of online crimes committed by illegal fintechs, and the resolution of the urgency that arises in the protection of personal data.
Perlindungan Konsumen atas Pencabutan Izin Usaha BPR oleh Otoritas Jasa Keuangan Asri Elies Alamanda; Darminto Hartono
Journal of Judicial Review Vol 23 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i1.4361

Abstract

The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.
Implikasi Ketatanegaraan Presidential Term Limit menurut Pasal 7 UUD NRI 1945 sebelum Amendemen terhadap Presidential Continuism Masa Orde Baru Moch Chafid; Anna Erliyana
Journal of Judicial Review Vol 23 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i1.4381

Abstract

Presidential term limit according to Article 7 of the 1945 Constitution (UUD) before the amendment should not be interpreted as only one measure namely in terms of quantity (limits on the term of office and the maximum period of office in office), but must regulate in terms of quality (legal norms and political ethics in commitment creating a democratic and competent government). As a result, every President in power will endeavor to presidential continuation by changing, avoiding, reinterpreting, amending the constitution or even presidential term limit in article 7 of the 1945 Constitution before the amendment. In the constitutional order, it will have implications for every President in power to form an authoritarian government and reduce democracy, abuse of the President's power to hold office continuously, give birth to an elected president who is incompetence in government administration, and creates stagnation of political regeneration.

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