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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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Unraveling the Depths: Exploring Maritime Terrorism through International and National Legal Perspectives Prasista Maolana; Satria Unggul Wicaksana Prakasa
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.v25i1.7722

Abstract

Acts of terror are extraordinary crimes with very complicated impacts, where the perpetrators commit acts of violence and threaten targets that are determined randomly based on certain categories. The various terrorist incidents that have occurred in Indonesia do not rule out the possibility of similar incidents being even more horrific and resulting in more victims in the future. Indonesia as an archipelagic country views maritime security as an important aspect of maritime domain governance. The Sulu-Sulawesi sea area is a vulnerable route throughout Asia, it is considered that crimes committed in the Sulu Sea are extreme crimes called maritime terrorism which can threaten the sovereignty of a country. Terrorism has become an increasingly serious concern in Indonesia since the Bali Bombing and other terrorist tragedies. From these problems, the formulation of the problems that must be answered in this study is (1) What are the legal remedies for perpetrators of maritime terrorism in the perspective of international law, 2) How are efforts to enforce violations of state sovereignty in the national maritime area in maintaining national defense. This study uses the normative legal research to analyze from a legal perspective regarding maritime terrorism by terrorists that endanger state sovereignty, and the national sea in maintaining national defense.
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 : 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 ofthe 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 jarimahta’zir in the form of public benefit so that in actual social life Indonesia has already implemented jarimah ta’zir
Kajian Kriminologis atas Sanksi Adat "Cuci Kampung" terhadap Pelaku Zina Annisa Rahmadiana; Putri Nabilah; Tiara Rahmawati
Journal of Judicial Review Vol. 24 No. 1 (2022): June 2022
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v24i1.5817

Abstract

Artikel ini membahas mengenai pelaksanaan sanksi adat cuci kampung yang dilakukan oleh masyarakat di Desa Air Rambai, Provinsi Bengkulu terhadap pelaku zina. Metode penelitian yang digunakan adalah penelitian hukum normatif melalui studi kepustakaan atau dengan menganalisis data-data primer dan sekunder dari berbagai bahan bacaan. Maksud penulisan artikel ini adalah untuk mencari gambaran bagaimana pelaksanaan sanksi adat cuci kampung dalam pandangan kriminologis khususnya dari teori restoratif justice dan teori reintegrative shaming, hasil analisis selanjutnya menemukan kesimpulan bahwa keberadaan sanksi adat cuci kampung sejatinya dapat menekan perbuatan zina di kalangan masyarakat Air Rambai karena dalam pelaksanaannya memberi efek jera akibat rasa malu yang diterima pelaku setelah melakukan perbuatan yang dianggap hina dan tidak bermoral oleh masyarakat tersebut.
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 : 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.
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 : 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.
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 : Universitas Internasional Batam

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

Abstract

Finding research "gap" 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.
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.
In Contract Law: Unpacking Undue Influence through a Judge's Lens Dwi Fidhayanti
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.7725

Abstract

This study explores how judges at the Malang District Court view “undue influence”(misbruik van omstandigheden) as a determinant of contractual incapacity in contract law and identifies the criteria they use. Employing an empirical approach with case analysis and sociological perspectives, primary data came from interviews, while secondary data, including court rulings and relevant materials, underwent descriptive and qualitative analysis. The research reveals that cases involving individuals who exploit situations from the beginning of an agreement with malicious intent, strategically using economic and psychological advantages to gain control, are central to the concept of undue influence. Surprisingly, the Malang District Court handles a limited number of such cases, as aggrieved parties often initiate criminal fraud proceedings before filing civil lawsuits citing undue influence. Some rulings categorized undue influence claims as unlawful acts or defaults. In deciding undue influence (misbruik van omstandigheden) cases, judges prioritize two key factors: the substantive content of the lawsuit, pivotal for the court's jurisdiction, and the level of due diligence exercised by parties, considering subject matter, witnesses, and relevant correspondence—all affecting the agreement's validity. Consistency in judicial decisions is recommended to provide legal certainty and predictability for parties involved. This research underscores the need for legal awareness, streamlined procedures, precautionary measures, and ongoing research in this area of contract law
Exploring Contemporary Issues and Key Takeaways: A Comparative Analysis of Civil-Law Notary Laws in Indonesia and Louisiana David Tan; Agustianto Agustianto; Sovina Sovina
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.7741

Abstract

Notary as a public official authorized to make authentic deeds in each country has its own rules by adhering to the civil law and common law legal systems, this is specially true for Indonesia and Louisiana which have similarities in adhering to the civil law legal system. This study aims to compare the legal arrangements of notaries in Indonesia and Louisiana where to examine contemporary issues or important points found from legal comparisons. This method uses a type of normative legal research with a comparative approach, statute approach, and conceptual approach made from primary and secondary laws, which are collected using document research techniques in a description analysis. The results and findings of this comparative analysis are that there are significant differences related to notaries from countries that both adhere to the civil law legal system, this can be seen in terms of history, qualifications, duties and authorities to become a notary, sanctions and resolutions for violations that will occur. This legal difference raises interest in the realm of notaries which is expected through this research can be one of the supporting sources for the Indonesian state to discover the findings of notaries in various jurisdictions so as to improve positive law and or at least form a deeper body of knowledge in the field of notaries.
Analysis of Business Law Approaches in Realizing Public Information Openness in Muhammadiyah Universities A Basuki Babussalam; Asis Asis; Samsul Arifin
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.7797

Abstract

Public information disclosure in Muhammadiyah universities has become a very important issue in today's digital era. This study wants to analyze and compare business law approaches in ensuring public information disclosure in the Muhammadiyah education environment. In this study, it also adopts a socio-legal/interdisciplinary approach involving legal, information technology, and information management perspectives to understand the impact and benefits of public information disclosure in the context of Muhammadiyah universities in the increasingly complex digital era. This research involves a comparative analysis of the business law approach used in ensuring public information disclosure in Muhammadiyah universities with approaches used in other educational institutions. The results showed that Muhammadiyah universities have made significant steps in improving public information openness, especially in adopting advanced information technology and information management. However, there are challenges that need to be addressed, including the need to ensure compliance with applicable laws and regulations, personal data protection, and building a culture of transparency and accountability across institutions.

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