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Winsherly Tan
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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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Empowerment Community Welfare After the Pandemic in Indonesia: The Role of Fintech? Asri Elies Alamanda
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.7223

Abstract

Financial technology or fintech is a term or term to denote companies in the financial sector that provide modern technological innovations in banking payments. The number of financial technology is constantly increasing with various estimates and the number of more than ten thousand companies. The development of Financial Technology is inseparable from the risks, as some of the risks that arise are related to consumer protection which includes the protection of funds and user data. The purpose of this study is to find out how fintech regulation in Indonesia, to understand the existence of Fintech in the digital era and to know and understand the role of fintech in improving the welfare of society after the pandemic. The research method used is Normative Juridical and The approach method used is descriptive and qualitative research methods. The results showed that fintech is very popular and is an alternative to the use of financial technology and is a foundation for people who are far from the conventional financial business sector. OJK and BI as supervisors of the financial sector also issued several regulations related to the implementation of fintech in order to ensure a safe and comfortable financial business and not violate the principle of prudence. In its implementation, it is hoped that the public will not borrow and use fintech technology that has not been registered with the OJK or at BI. This requires the government to be more aggressive in socializing fintech that is legal and registered with the OJK or BI.
Lenses of Legal Research: A Descriptive Essay on Legal Research Methodologies Hari Sutra Disemadi
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.7280

Abstract

The problem faced by researchers and scholars, especially students, is finding the right reasons for choosing legal research methods. For this reason, this article was created to make it easier for scholars to choose the right legal research method. This article is described in descriptive form using secondary data or data obtained indirectly. This article re-explains the types of doctrinal/normative and non-doctrinal/empirical legal research methods. The characteristics of legal research are included in other social science research, however, what distinguishes it is the way of thinking. Legal research must rely on gap analysis or interest analysis between legal events (das Sein) and the rule of law (das Sollen). This article also emphasizes the reasons for choosing a research method based on the 'characteristics of the research objectives'.
Revisiting Pound’s Law in Action and Ehrlich’s Living Law to Find the “Gap”: A Compilation of Lecture Notes David Tan
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.7220

Abstract

Finding research “gaps” is an important aspect that must always be done when starting research. Especially if the research is a sociological research. This article aims to shed light on the sociological approach in legal research into approaches, namely the Sociology of Law approach and the approach of Socio-legal Studies. These two approaches have different and unique ways of defining research “gaps.” This article will examine using empirical methods that rely on primary and secondary data, as well as inductive methods to analyze data. A comparison will also be made between Ehrlich’s “living law” and Pound’s “law in action” so that the differences between the two ideas can be found so that in the future, future researchers will not consider the two ideas identical.
The Freedom of Expression of Judges’ Communication Carlos Manuel Rosales
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.6903

Abstract

It is essential that the judicial function be public, discreet and professional. Its legitimacy as a public authority is obtained through the recognition of judgments, in which there is an identification between decisions and society. But what type of communication must be made by the judiciary, and especially by judges to provide information about their activities, and that their interaction strengthens the republic, generating proximity between the sovereign and the public power. Freedom of expression is a human right held by all people, but it is not absolute. In the case of judges, they do not enjoy this prerogative in the same way as citizens, since their commission subjects them to a special order (right of association, assembly, expression, privacy, among others). His investiture and decisions should leave no bias that he is not independent or impartial, that legality is his ruling principle, and that his personal affairs should not transcend his private sphere. Their prudence and wisdom should not only be part of their resolutions, but also part of their public acts. This research is not an attempt to curb the freedom of expression of the judges or to impose a gag or restrict the right of the parties and society to information.
Examining Economic Crime Policy: Evidence from Indonesia Emiliya Febriyani; Topo Santoso
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.7203

Abstract

The development of global economic activity has given birth to various types of new crimes in the economic field. To tackle crime in the economic field, Indonesia has Emergency Law No. 7 of 1955. However, the existence of Emergency Law No. 7 of 1955 is considered to have been unable to tackle crime in the existing economic field. In addition, there are currently many laws, outside Emergency Law No. 7 of 1955, regulating crime prevention in the economic field. This study aims to review and examine the existing economic crime policies in Indonesia. This research is normative juridical research with the library research method. The library materials used consist of primary, secondary, and tertiary legal materials. The information was then analyzed qualitatively and descriptively. The regulation of economic crime in Indonesia has been regulated narrowly and broadly. In a narrow sense, economic crimes are all actions listed in the TPE Act.
Strict Liability as a Counterbalance to the Principle of Error in Indonesian Criminal Law Ahmad Rofiq; Pujiyono Pujiyono
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.7317

Abstract

This study wants to reveal how the criminal law policy in formulating the principle of strict liability now and in the future. This research is included in the type of normative juridical research. The data collection technique in this research is in the form of literature study. The data obtained were analyzed by analytical descriptive. The results of this study indicate that the current criminal law policy in formulating the principle of strict liability can be found in several Indonesian laws and foreign laws with several formulation models. The strict liability principle in the RKUHP as a counterbalance to the principle of error does not provide more complete arrangements regarding the limits of criminal acts that can be subject to strict liability, besides that there is no regulation regarding defense as one of the characteristics of the formulation of the strict liability principle. The results of the comparative study concluded that the application of the principle of strict liability in the RKUHP requires limits, measures, and defense regarding which actions can be applied with strict liability considering that the principle of strict liability serves as a counterweight to the principle of 'no crime without fault'.
Optimization of Environmental and Defense of the New Capital City ‘Nusantara’ Based on Pancasila and SDGs Xavier Nugraha; Krisna Angela; Natasha Caecilia Lisanggraeni Rositaputri; Amilah Fadhlina
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.7214

Abstract

The development and industrialization of the new capital city "Nusantara" which aims to realize equitable development, has an impact on reducing forest and marine sustainability, related to environmental rights and rights to the environment as mandated in Article 28H of The 1945 Constitution. In addition, this development also threatens national defense because the archipelago is adjacent to international borders, thus triggering territorial disputes between countries. The research uses normative legal research methods with the statute and conceptual approach. This research purposed to analyze the preservation of forests and seas, security, and defense as a result of the development and industrialization of the new capital city "Nusantara" based on the Sustainable Development Goals (SDGs). The result showed that implementing the development and automation of the new capital city "Nusantara" must pay attention to the values of Pancasila and the 1945 Constitution. In addition, the management and conservation of forests and seas need to refer to the 15th SDGs goal and the 16th SDG related to defense. and national security.
Legal Protection for Indonesia Ship Crew Working on Foreign Ship Ayu Putri Rainah Petung Banjaransari
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.6291

Abstract

There are many Indonesian workers who work in the marine and fisheries sector on foreign ships because their wages are four times the wages of working on Indonesian ships. By reason of high wages often the possible consequences that will occur are ignored. As a result, many undesirable things happened such as human trafficking, torture, ill-treatment, and even murder, as happened on the Chinese ship Fu Yuan Yu 1218 against the victims of Indonesian crew members. This research was conducted to determine the form of accountability from the Indonesian government in the case of the crew of the ship. This research method is a normative juridical method with a qualitative approach and indirect observation and documentation. The findings of this research are in the form of an international legal basis regarding the rights of Indonesian crew members on foreign ships. In addition, this research also seeks legal protection from the Indonesian government based on national law for Indonesian crew members who work on foreign ships. This research is expected to contribute to providing new information regarding the implementation of Indonesian crew work on foreign ships.
For Recipients’ Sake: Denmark-Africa Cooperation for Development Steven Theonald P. Siahaan; Pankaj Choudhury
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.6859

Abstract

With the rapid changes happening in the world, countries need to strengthen their cooperation to improve developments - Denmark is no exception. Denmark's development cooperation activities lie within the plan for the development of policy and humanitarian. With that in mind, African countries became Denmark's top priority in embracing shared responsibilities. In executing the work, Denmark established development cooperation with many stakeholders and local & international partners. Denmark has intensified its efforts in helping countries dealing with crises and conflicts, as these efforts are the way to achieve the Sustainable Development Goals (SDGs), mainly Goal 1 (No Poverty), 8 (Decent Work and Economic Growth), and 16 (Peace, Justice, and Strong Institutions). In achieving the goals, the Danish Government reinforces its efforts in specifically fragile countries; Ethiopia, Mali, and Somalia. Each of the states has three problems in common: security, human rights, and economic growth.
Indonesian Workers' Mental Health Protection: An Urgency? Wiranto Mustamin; Budi Santoso; Syahrul Sajidin
Journal of Judicial Review Vol 24 No 2 (2022): December 2022
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i2.7231

Abstract

This study aims to determine the urgency of setting corporate responsibility norms for the protection of workers' mental health and to analyze the concept of regulating workers' mental health protection in Indonesia. This research is a normative legal research with a statue approach and a conceptual approach. The results obtained indicate that the protection of workers' mental health is urgent, there are at least 2 (two) reasons why this is urgent to be regulated, namely: First, the juridical reason that there is no specific regulation that regulates the protection of mental health of workers in Indonesia. Second, the sociological reason that mental health can burden families, communities, and governments. In addition, the mental health of workers can harm the national economy to the global economy and affect the bottom line of the business or the company's net profit through decreased productivity. The concept of regulating workers' mental health protection in Indonesia can be done by revising PERMENAKER Number 5 of 2018 concerning Occupational Safety and Health. In this case, the revision is intended to add work anxiety, job burnout, and depression into the standard of psychological factors.

Page 19 of 28 | Total Record : 272

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