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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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Preventing Debtor Bankruptcy during the Covid-19 Pandemic: Benefits of Suspension of Debt Payment Obligations & Insolvency Test? Kendry 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.v24i2.7363

Abstract

The Covid-19 caused a decline in the Indonesian economy, thus increasing bankruptcy cases in Indonesia. The number of bankrupt companies during the Covid-19 pandemic will result in further decline in the Indonesian economy. Postponement of Debt Payment Obligations is needed to reduce bankruptcy in Indonesia during this pandemic. This study aims to explain the benefits of Postponing Debt Payment Obligations and Insolvency Tests during the Covid-19 pandemic in maintaining Indonesia's economic stability. This research is using the method of juridical normative by using the data secondary as a reference in conducting research. The results of the research are that Postponement of Debt Payment Obligations has important benefits in avoiding bankruptcy for solvent debtors with good intentions during the pandemic to avoid individuals who take advantage of this condition to bankrupt their debtors and insolvency tests have an important role in reducing errors in determining bankruptcy case or Postponement of Debt Payment Obligations by stating their ability to pay.
Empowering Voices: Building an Electronic Petition System for Strengthening Freedom of Speech in Indonesia Ramadhan Dwi Saputra; Kania Venisa Rachim; Vicko Taniady
Journal of Judicial Review Vol 25 No 1 (2023): June 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i1.7459

Abstract

Currently, the issue of freedom of expression poses a significant challenge in Indonesia. Despite being a democratic nation, the scope of people's freedom of expression is largely confined to electoral processes. In order to advance this fundamental right, the implementation of an electronic petition system has been undertaken as a means to facilitate the exercise of freedom of expression. The primary objective of this research is to examine the status quo of freedom of expression in Indonesia and to analyze the pressing need for the adoption of an electronic petition system. This study employs a normative legal approach and conducts comparative analysis with the United Kingdom and Germany, utilizing secondary data sources. The findings of this research demonstrate that Indonesia would greatly benefit from the adoption of an e-democracy system through the implementation of an electronic petition system. The efficacy of such a system has been successfully demonstrated in the United Kingdom and Germany, where it has served as an effective intermediary between the public and the government, ensuring sustained public participation and influencing governmental decision-making processes. In order to implement the electronic petition system in Indonesia, several crucial steps must be undertaken. These steps include the establishment of a Petition Committee, the formulation of Petition Laws, and the official recognition of a dedicated website serving as the electronic petition platform in Indonesia. Additionally, political will and legislative enforcement will be required to ensure the Indonesian Parliament's commitment to act upon the outcomes of these petitions.
Unlocking the Power of Intellectual Property: Safeguarding Books Against Piracy Lala Auralita
Journal of Judicial Review Vol 25 No 1 (2023): June 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i1.7743

Abstract

In today's world, where intellectual property can be generated from almost any human endeavor, it becomes imperative to establish robust guidelines for protecting intellectual property rights through legislation. One form of infringement that demands attention is book piracy—a practice that involves unauthorized sales of counterfeit books or the unauthorized conversion of books into e-books or audiobooks, with the perpetrators pocketing the profits for themselves. This article aims to delve into the crucial issue of safeguarding book copyrights for creators whose works have been illicitly transformed into audiobooks by irresponsible parties, examining the governing regulations under the Copyright Law. By employing normative legal research methods, this study will analyze secondary data and legal documents to uncover relevant legal facts. Adopting a conceptual, analytical, and statutory approach, the research will shed light on the mechanisms in place to combat book piracy and protect the rights of creators. Notably, YouTube, as a prominent platform, has implemented a robust YouTube Copyright Strike policy to combat copyright violations, offering a recourse for creators. Additionally, alternative dispute resolution methods, including non-litigation and litigation settlements, can be pursued to address these copyright infringements. The primary objective of this research is to enhance public understanding and provide legal certainty concerning the protection of intellectual property, particularly in the form of books. By addressing book piracy, we can fortify the rights of creators and foster a climate that respects and values intellectual property in all its forms.
Unmasking Xenophobia: Exploring Anti-Chinese Sentiments in Indonesia through a Criminological Lens Eko Nurisman; Antony Antony
Journal of Judicial Review Vol 25 No 1 (2023): June 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i1.7731

Abstract

The Chinese ethnicity in Indonesia has traversed a long and intricate historical journey, grappling with the quest for identity and nationality as Indonesian citizens. Despite the attempts to deny or overlook this reality, the truth remains steadfast: Indonesian Chinese individuals cannot evade racism and social envy in their day-to-day lives as citizens of Indonesia. In certain instances, this even manifests as symptoms of xenophobia, an excessive disdain or prejudice towards those perceived as foreigners. This research delves into the symptoms of xenophobia experienced by the Indonesian Chinese, meticulously recounting past occurrences while exploring the public's endeavors to uphold Indonesia's ideology of Pancasila as a unifying force. By employing a statutory, conceptual, and historical approach, this study reveals that xenophobia towards the Indonesian Chinese community has persistently plagued the public consciousness, despite their legal recognition in the country. The protection of Indonesian Chinese necessitates the establishment of specialized legal instruments. Furthermore, alongside regulating their protection, the maximization of efforts lies in embracing Pancasila as a powerful instrument of national unity.
Revitalizing Justice: Empowering Juvenile Sexual Offenders through a Restorative Approach in Indonesia Abdurrakhman Alhakim; Teguh Prasetyo; Henry Soelistyo Budi
Journal of Judicial Review Vol 25 No 1 (2023): June 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i1.7537

Abstract

Sexual offense is a serious crime which could pose significant negative impacts on personal level and community. When committed by minors, sexual offense becomes a much more complicated problem and raises many different intricacies. Despite being a popular topic within the legal sphere, restorative justice in Indonesia still has research gap, particularly on the focus of applying restorative justice measures for juvenile sexual offenders. The purpose of this research is to address this research gap and analyze the potentials of using the restorative justice approach to deal with sexual offense cases committed by minors, with the focus of impacts, recovery, and preventing future recidivism. Using the normative legal research method his research dives into the Indonesian legal system to uncover the legal problems that may hinder or discourage people from using this approach, despite the potentials benefits it possesses. Through the statutory approach, this research finds the links within the relevant laws and regulations that may or may not support the use of restorative justice approach to deal with juvenile sexual offenders. The analysis of this finds that the restorative justice approach is indeed beneficial and can help Indonesia in dealing with this issue by not only focusing on delivering justice and recovery the victims, but also holding offenders responsible without sacrificing their youth development and their future.
Preserving Indigenous Cultures: Analyzing Geographical Indication Registration for Indigenous People Protection in Indonesia Alif Muhammad Gultom; Sri Wartini
Journal of Judicial Review Vol 25 No 1 (2023): June 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i1.7647

Abstract

Geographical indication (“G.I”) is a designation that indicates the unique and original qualities of a product originating from a particular geographical location. The human factor (Indigenous people) plays a big role in the creation of a geographical indication, in addition to environmental and geographical factors. Preserving the intellectual property rights of Indigenous People through G.I will result in a more advantageous impact on their community, especially for those who rely on G.I products for their livelihood. This not only safeguards their cultural identity and dignity but also enables them to benefit from the commercial value of their intellectual property, whether through direct sales or licensing agreement. Indonesia have ratified the International regulation and issued Law No. 20 of 2016 concerning Trademark and Geographical Indications. The purpose of this research is to evaluate and examine the current status of geographical indication protection in Indonesia and assess if it is being implemented in line with the expectations set forth in the relevant legislation based on the supportive data and previous cases. The paper will then illustrate the impact and advantages for Indigenous communities in preserving and registering their geographical indications, using examples of successful geographical indication registrations from around the world. The type of research method is normative while the approaches employed are statutory and conceptual approaches with an analytical and descriptive research design. Based on the research conducted, the legal framework for protecting G.I has been sufficiently established but the government has not fully prioritized based on the data presented and cases documented. This paper will present several recommendations for the government and other relevant stakeholders.
The Compliance of Limited Liability Companies to Conduct Annual General Meeting of Shareholders David Tan; Debby Amellya Zahdjuki
Journal of Judicial Review Vol 25 No 1 (2023): June 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i1.7736

Abstract

The presence of the Company Law in Indonesia is a form of the government's special attention to the Company as one of the pillars of Indonesia's national economic development. Some regulations in the Company Law are recommendations, but some are orders that must be implemented. One of them is the agenda of the Annual General Meeting of Shareholders which is regulated in Article 78 paragraph (2) of the Company Law as a mandatory activity that has been neglected by the closed Companies. The Purposive sampling technique is used in this juridical-empirical research supported by interviews with several companies’ organs. The authors present the results of the research in descriptive form supported by analysis using the theory of legal effectiveness from Soejono Soekanto and the theory of sociological jurisprudence from Eugen Ehrlich. Through this research, the authors found a lack of information received and a low understanding by business actors especially in the obligations of the Annual General Meeting of Shareholders. This makes business actors underestimate the Annual General Meeting of Shareholders. Actually, it has a good influence on the Company in financial transparency and accountability for the performance of the Board of Directors and Board of Commissioners of the Company to shareholders. Government contributions are needed through various relevant institutions, such as the Ministry of Law and Human Rights of the Republic of Indonesia and Notary Public to implement the Annual General Meeting of Shareholders as mandated in the Company Law.
Legal Protection for Notaries in Making Authentic Deeds in Indonesia Arief Budiono; Dito Pratama Adi Sugiarto; Syaifuddin Zuhdi
Journal of Judicial Review Vol 25 No 1 (2023): June 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i1.7612

Abstract

A notary is a public official who has the authority to create an authentic deed and has other authority. This statement is stated in Article 1 of Law No. 2 of 2014 concerning Amendment to Law No. 30 of 2004 concerning Notary positions (hereinafter referred to as Law No. 2 of 2014). But there many cases about notary create authentic deed without any regards to ethics and fact. This problem actually a gap from this research. Gap from Law in the book and law in the practices. This type of study uses normative legal research. This study used two approaches, namely Conceptual Approach and Statute Approach. The specifications of this study are descriptive of analysis and qualitatively analyzed methods. Notary is required to be responsible for the deed she made, Notary runs her profession often subject to articles 263, 264, and 266 Jo Article 55 of the Criminal Code. The Notary Office Act does not specifically regulate the protection of the notary's law in the process of examining false information. The process of examining the Honorary Assembly does not provide legal protection, because the Law does not clearly regulate the protection law for Notary in criminal cases.
Harnessing Positive Legal Perspectives: Exploring Aceh Qanun’s Role in Resolving Community Disputes in Gunung Meriah, Aceh Khairuddin Khairuddin
Journal of Judicial Review Vol 25 No 1 (2023): June 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i1.7600

Abstract

Disputes arise from various causes, including conflicts resulting from child fights and instances of defamation by individuals. These disputes are prevalent in social settings, occurring not only within communities but also between neighboring villages. A similar scenario unfolded in Gunung Meriah, Aceh Singkil District, where instances of misunderstandings between residents were resolved based on local customs. This research employs a socio-legal methodology, incorporating both a statutory and sociological approach. The findings revealed that disputes arose due to child fights, sometimes resulting in physical harm. In accordance with prevailing customs, sanctions were imposed, such as the ritualistic slaughtering of a chicken, offering of Nakan Gersing (turmeric rice) and plain flour, as well as monetary compensation as determined during the reconciliation process. Additionally, cases of defamation emerged, leading to the defamation of individuals, causing distress to the victimized party. These cases were resolved through the intervention of the Gecik (village head). When addressing child fights, it is important to consider legal protection for both the victims and perpetrators, as stated in the Criminal Code (Law No. 23 of 2002), while ensuring that police involvement minimizes any potential trauma experienced by the child. On the other hand, according to Aceh's Qanun, such disputes are ideally resolved based on local village customs, in line with Qanun Number 9 of 2008. Similarly, cases of defamation fall under Article 310 of the Criminal Code, stipulating a prison sentence of 9 months for offenders. In contrast, the Qanun emphasizes resolving such cases within the village until a consensus is reached.
Strategies for Preventing Bankruptcy: Adopting Insolvency Tests from the United States Perspective to Indonesia Kendry Tan; Yudhi Priyo Amboro; Elza Syarief
Journal of Judicial Review Vol 25 No 1 (2023): June 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i1.7765

Abstract

Companies don't always make a profit and taking loans from banks or other companies to ensure smooth business operations can put a company's existence in danger. Failure to repay loans can lead to bankruptcy, declared by the competent commercial court upon request of the creditor or debtor. The ease with which bankruptcy requirements are regulated under Indonesian law can lead to economic problems. This study seeks to examine the differences between bankruptcy laws in Indonesia and the United States, the challenges in implementing an insolvency test in Indonesia, and the benefits of such a test. The research method used is normative-juridical, employing a conceptual and statutory approach to assess the benefits and obstacles of implementing insolvency tests in Indonesia. The findings suggest that applying insolvency tests can have a positive impact on economic growth, including reducing the number of bankrupt companies and decreasing unemployment, which contributes to development. As a result, it's necessary to modify Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations to enable the use of insolvency tests in bankruptcy applications in Indonesia.

Page 20 of 28 | Total Record : 272

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