Journal of Judicial Review
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.
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272 Documents
<![CDATA[Analisis Penangkapan Terduga Teroris oleh Detasemen Khusus 88 Anti-Teror dari Perspektif Penegakan Hukum-Joseph Goldstein ]]>
<![CDATA[Marthsian Yeksi Anakotta]]>;
<![CDATA[Erwin Bernard Ubrwarin]]>;
<![CDATA[Roni Gunawan Raja Gukguk]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4346
<![CDATA[Densus 88 AT is a special police unit that has the duty and authority to enforce the law on criminal acts of terrorism. As law enforcers, Densus 88 AT has the authority to carry out the arrest of suspected terrorists based on Law No. 5/2018. Based on the theory of law enforcement by Joseph Goldstein, law enforcement is divided into three areas, namely: total enforcement, full enforcement, and actual enforcement. This paper is a law-normative research which aims to identify and understand the arrest of suspected terrorists by Densus 88 AT from the perspective of law enforcement by Joseph Goldstein. The conclusions are as follows: the status of a suspect is unknown in the Indonesian Criminal Code; Densus 88 AT has the authority to arrest suspected terrorists based on RI Law Number 5 of 2018; and in the three areas of law enforcement, Densus 88 AT has discretionary power in three areas of discretion, namely: choosing objectives, intervention methods, and field procedures.]]>
<![CDATA[Parameter Hak Monopoli Badan Usaha Milik Negara dalam Perspektif Persaingan Usaha di Indonesia ]]>
<![CDATA[Mochammad Abizar Yusro]]>;
<![CDATA[Lelly Rosa Sidabutar]]>;
<![CDATA[Luna Dezena Ticoalu]]>;
<![CDATA[Relys Sandi Ariani]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i2.4394
<![CDATA[State-owned enterprises (BUMN) certainly play a very important role as actors in economic activities based on economic democracy in accordance with the Pancasila economy, whose activities must pay attention to the balance between the interests of business actors and the public interest. However, granting monopoly rights to BUMN has been further regulated, so that in the future it can create fair business competition in market competition in Indonesia. The exclusion of monopoly rights is only one sentence in article 51, so that it still creates legal ambiguity for the implementation of monopolistic practices granted to BUMN. The contribution of this research aims to encourage further regulation regarding monopoly by BUMN. In addition, it is also used as academic library material so that it can be used as a reference and material for other academic studies. This research uses a normative juridical study with a statutory approach and a conceptual approach. Thus, this research results in a study of BUMN monopoly rights from the perspective of business competition in Indonesia.]]>
<![CDATA[Kebijakan Online Single Submission sebagai E-Government dalam Mewujudkan Good Governance di Indonesia ]]>
<![CDATA[Rahmi Ayunda]]>;
<![CDATA[Nertivia Nertivia]]>;
<![CDATA[Laode Agung Prastio]]>;
<![CDATA[Octa Vila]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4359
<![CDATA[Based on the history before the reform era, there have been many cases of government committing corruption, collusion and nepotism, this is the background of the movement to create a government to run good governance. As time has progressed, the time has come for a time that is all full of digitalization, both in the economy, education and politics. This research uses normative legal research methods. This study shows that the government in running its government will also be based on the development of sophisticated information technology which can be called E-Government. Therefore, there is now a time when the Indonesian government has used and allowed the Online Single Submission (OSS) system to make it easier for people who want to take care of business licensing. The implementation of good governance during the Industry 4.0 Revolution can take advantage of science, technology and information to provide good facilities and services to the Indonesian people, and the public can easily access government information.]]>
<![CDATA[Fenomena Mafia Peradilan terkait Independensi Kekuasaan Kehakiman dalam Perspektif Budaya Hukum di Indonesia ]]>
<![CDATA[Candra Ulfatun Nisa]]>;
<![CDATA[Nyoman Serikat Putra Jaya]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i2.4332
<![CDATA[The consequences of adopting the concept of the rule of law are given independent judicial coordination authority. In fact, this independence is very easily misused, because the ideal function of the court as law enforcement is related to deterioration until the term judicial mafia appears. The method of research using the normative juridical approach, with descriptive research specifications. The results of this study are the judicial mafia which is identical with financial-oriented behavior in a way that allows to improve the course of law enforcement. The judicial mafia implies law enforcement over freedom of values, and is contaminated by factors outside the legal factor, thus clearly undermining the independence of judicial power and destroying the legal culture in Indonesia. First the culture "decides" to issue bribes because it considers the notion that the law can always be traded. As if the judicial mafia, has become an “icon” or “trademark” for irregularities in the informal law enforcement process that must be accepted as something common.]]>
<![CDATA[Implikasi Hukum Penyelamatan Kredit Bermasalah melalui Restrukturisasi di Indonesia ]]>
<![CDATA[Ninik Zakiyah]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4386
<![CDATA[Restructuring is commonly used in banking to handle non-performing loans. However, each bank has its own policies in its implementation. This article aims to find out how debtors need to pay attention to the restructuring mechanism, and what are the implications of this method for the debtor. This research is included in normative law research, with a conceptual and statutory approach, which uses secondary data from primary, secondary and tertiary legal materials which are then analyzed qualitatively. The results obtained indicate that the factors causing problem loans can occur from internal (bank) and external (debtor) factors. Through credit restructuring, it can be chosen because it is better able to provide a solution between the two, because it is preceded by negotiation between the parties so that the interests of both are conveyed. Restructuring can release the threat of execution of the mortgage object for the debtor, but on the other hand it also has implications for the debtor to settle credit for a long period of time.]]>
<![CDATA[Confusion of Legal Roots: Comparative Historical Review of International Trade Law in France and Indonesia ]]>
<![CDATA[Aurele Magnan]]>;
<![CDATA[Kevin John Paul Manurung]]>;
<![CDATA[Dao Gia Phuc]]>;
<![CDATA[Rahmi Ayunda]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i2.5372
<![CDATA[This research discusses the history of international trade law in France and Indonesia. This research is a doctrinal research that uses normative legal research methods. The data used are data obtained indirectly, such as legislation, previous research and other secondary data relevant to the main object of the article, and several cases of the World Trade Organization. The Oxford Journal has defined the term 'International Trade' as the involvement of goods and/or services across national boundaries. In other words, it was an expansive movement. Such actions have been going on for centuries. Thanks to the lex mercatoria and lex maritime created in the Middle Ages, also to the important role of the 'silk road' which ironically connected the road between France and Indonesia, because it provided so many benefits and the development of international trade law. . After all, French regulations inspired so many rules in many countries, including the Netherlands and were applied in Indonesia as a colony. Indonesia had some similiarities within France ever since so.]]>
<![CDATA[Esensi Penyelesaian Sengketa Perdata melalui Mediasi Nonlitigasi ]]>
<![CDATA[Muten Nuna]]>;
<![CDATA[Ibrahim Ahmad]]>;
<![CDATA[Agustina Bilondatu]]>;
<![CDATA[Dince Aisa Kodai]]>;
<![CDATA[Roy Marthen Moonti]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 1 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i1.4390
<![CDATA[There are legal issues in the society which resolved through a non-litigation mediation process, especially in civil disputes, where there are several factors that influence people prefer to settle legal issues through non-litigation aspects rather than resolving cases by litigation or through the court. This article aims at explaining how the principles and stages of civil dispute resolution through non-litigation mediation and the essence or value that can be used for the society in dispute. So it can be concluded that this article wants to explain that non-litigation mediation in principle has a consensual as well as collaborative nature, so the result will have win-win solution for each sides, so that the problematic side is cannot be harmed. Then there is a very large value which can be taken, if several problems that arise in society, especially in civil cases which resolved through non-litigation mediation aspects.]]>
<![CDATA[Politik Hukum Pembentukan Pasal 20 Undang-Undang tentang Paten di Indonesia dalam Perspektif Hak Kekayaan Intelektual ]]>
<![CDATA[Raden Ani Eko Wahyuni]]>;
<![CDATA[Muhammad Zainuddin]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i2.4958
<![CDATA[Patents as part of intellectual property rights that form the basis of modern industrial growth are based on new inventions, sophisticated technology, high quality, and quality standards. A patent is granted to protect the invention in the field of technology. Provisions in Law Number 13 of 2016 regarding Patents are considered by some to have made it difficult for patent holders from abroad to take part in Indonesia. The research method used in this study is normative juridical aiming to investigate patent issues from the perspective of the law governing it, in this case about the reasons underlying its formation, namely in Article 20 of the intellectual property rights perspective. Based on the research that has been done, the enactment of Article 20 of Law Number 13 of 2016 concerning Patents is expected that the Indonesian people will feel better welfare and life because it is expected that there will be many foreign investors registering their patents in Indonesia in addition to absorbing technology transfers and opening up many employment which will then result in reduced unemployment.]]>
<![CDATA[Regulation of Labor with Disabilities in Facing the Digital Revolution: Comparison of Indonesia, Malaysia and Australia ]]>
<![CDATA[Vicko Taniady]]>;
<![CDATA[Reni Putri Anggraini]]>;
<![CDATA[Novi Wahyu Riwayanti]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i2.5337
<![CDATA[This study focuses on research on persons with disabilities in the employment sector. The research method used is normative law by using library research techniques to process secondary data and a comparative study approach. The results of this study reveal that Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia guarantees that every citizen has the right to have the same rights in work. In addition, several policies such as Law no. 8 of 2016 and Law no. 12 of 2003 have regulated the same thing to eliminate discrimination in the workforce. However, the existing policies are still not running according to the applicable regulations. People with disabilities in Indonesia still experience discrimination in getting a job, so the unemployment rate for people with disabilities is still high. In addition, with the entry of the industrial revolution 4.0 era in Indonesia, it is increasingly difficult for people with disabilities to find work. Thus, there is a need for regulatory reformulation to become the right of persons with disabilities in employment based on the policies of Malaysia and Australia.]]>
<![CDATA[Menggagas Pengaturan dan Penerapan Central Bank Digital Currency di Indonesia: Bingkai Ius Constituendum ]]>
<![CDATA[Syafira Nurullia]]>
<![CDATA[ Journal of Judicial Review Vol 23 No 2 (2021): December 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v23i2.5014
<![CDATA[Bank Indonesia has the desire to create a digital representation of money which is a symbol of its country's sovereignty called the Central Bank Digital Currency (CBDC). However, CBDC also presents risks, especially in the legal aspects in Indonesia. The purpose of this paper is to complement the shortcomings of previous studies by carefully examining how ideally the governance and implementation of CBDC is in Indonesia, in the ius costituendum frame. The method used is normative juridical which is qualitative in nature based on library research. Data sources come from secondary data sources and tertiary data. The data were analyzed using a deductive mindset with descriptive and analytical methods. The results of the study are that the implementation of CBDC requires governance in the field of law, technology infrastructure readiness and community readiness as well as governance regarding the supervision and stability of CBDC values in Indonesi. An important conclusion from this study is the need for a legal product that regulates the implementation and protection of the community in the use of CDBC in Indonesia.]]>
