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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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Investment Incentives in Environmental Projects in Indonesia: An Analysis of Legal Potentials & Challenges Harris, Richard; Shahrullah, Rina Shahriyani; Nurlaily, Nurlaily
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9150

Abstract

Environmental sustainability is an issue that needs serious support, not just from within the exclusive realm of legal environmental protection, but also investment law, which fosters better partnership between the government, local communities, and the private sector. In an effort to promote sustainability, Indonesia can’t solely rely on the prevention of environmental degradation, but also has to constantly seek for ways to navigate around climate change concerns, and strive for innovations that can solve environmental problems, particularly through environmental projects. This research aims to analyze the potential of investment incentives in promoting investments in environmental projects in Indonesia. By using normative legal research method and statutory approach, analysis of this research finds that there is a lack of environmental constitutional will, manifested within the Investment Law, along with the lack of nation-wide regulation support to provide incentives for environmental projects. Analysis of this study suggests that the revision of the Investment Law can help fill the normative gap, along with streamlining nation-wide efforts in realizing Sustainable Development Goals.
The Behind Closed Lenses: Analyzing the Efficacy of Personal Data Protection Laws in Combatting Hidden Cameras Weley, Nadia Carolina; Amboro, Florianus Yudhi Priyo; Seroja, Triana Dewi
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9158

Abstract

This study explores the effectiveness of personal data protection against hidden camera recordings in Batam City, which are used to identify a person and used for personal purposes, a problem in Indonesia despite the issuance of Act Number 27 of 2022 on Personal Data Protection. This research focuses on the aspects of legal protection and sanctions received by perpetrators of personal data and privacy sharing crimes; this study also identifies the challenges and opportunities Indonesian people face regarding their privacy in public places. The concept of personal data protection is analyzed through an empirical legal research method with a descriptive-qualitative approach, considering the current Indonesian legal framework. This research also involves Soerjono Soekanto's Theory of Legal Effectiveness and Chambliss and Seidman's Theory of the Working of Law, which will assist in elaborating the research. This research highlights the importance of public awareness and the role of supervisory agencies in addressing the risks of privacy-infringing camera recordings. The results show the need for a collaborative strategy between the government and society to strengthen personal data protection. The results of this study can assess the effectiveness of the enforcement of the PDP Law in Batam City through five factors and how the regulation in Indonesia overshadows the problems faced, such as the lack of law enforcement roles in Batam City and the lack of reminders such as facilities that can be a bridge for the public to know the prohibition of installing hidden cameras in public places that can endanger the public.
Local Government’s Role in Bridging Investment Disparities in Indonesia: A Sustainable Development Goals Perspective Haiti, Rudolf; Situmeang, Ampuan; Tan, Winsherly
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9178

Abstract

The decentralization within Indonesia's governmental system was established to facilitate equitable development and economic growth by devolving authority to local governments that better understand their region's potential and challenges. An integral aspect of achieving development and economic growth parity lies in investment, an arena still marred by disparities across various regions in Indonesia. This normative study, employing a legal approach to legislation, aims to analyze the legal issues influencing investment disparities, which in turn affect the implementation of SDGs in Indonesia. The analysis reveals limitations faced by local governments in providing incentives and support to attract investment due to their lack of authority in pioneering industries, which are also not linked to the local economy. Additionally, there exists legal uncertainty surrounding local government collaborations with external parties, particularly in the context of investment. These findings reflect a regulatory framework in Indonesia that fundamentally diverges from the spirit of decentralization enshrined in the constitution.
Implementation of Land Auctions as Guarantee for Debt Repayment Bagus Pamungkas, Dewantara; Andria Luhur Prakoso
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9189

Abstract

Execution is the creditor's ultimate step. If the debtor fails to comply with the conditions of Law No.4 of 1996 respecting Mortgage Rights over Land and Related Objects, an auction or execution may be held. The fundamental challenge in this study is how to conduct an auction of mortgage rights on property as collateral for debt repayment. What are the hurdles to auctioning mortgage rights on land as collateral for debt repayment? This research is classed under Survey or Empirical Law. Meanwhile, the character of this study is descriptive. The research focuses on auction implementation at Bank BPR Wonogiri and BKK Wonogiri. The results of this research is that the auction process carried out by Bank BPR Wonogiri, if the debtor is in default, is carried out at a public auction through the State Property and Auction Service Office or by selling privately. Auctioning mortgage rights is a bit hampered because in the current situation it is difficult to find buyers and auctions are lacking. The findings of this study indicate that if a debtor is in default, Bank BPR Wonogiri conducts a public auction through the State Property and Auction Service Office or sells privately. Auctioning mortgage rights is complicated by the existing difficulty in finding purchasers and the scarcity of auctions.  The obstacles faced were that when executing the promise, it did not work effectively, there was a third lawsuit, the binding of the mortgage was not carried out perfectly, interference from third parties during the execution and disagreements regarding the auction price between the debtor and the auction official.
Exploring Termination of Employment Based on Serious Criminal Offences Sinaga, Dahlan; Nasution, Resy Desifa; Prasetyo, Teguh; Kameo, Jeferson
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9227

Abstract

There has not arisen any case laws post-Decision of the Constitutional Court No. 012/PUU-I/2003 and enactment of Article 52 paragraph (2) of Government Regulation No. 35 of 2021 to show how the Constitutional Court decision is being interpreted and applied by judges. The authors propose a future model for judges who will be adjudicating disputes in the Industrial Relations Court, that they may set aside rules which conflict with principles of law. The decision of the Constitutional Court stated that a reason for termination of employment due to serious violations pertaining to criminal acts perpetrated by workers as detailed in Article 158 of the Employment Law contradicting the 1945 Constitution having no binding force. Using normative legal research the authors argue that judges, based on several principles of law with independence of judiciary principle on their top, may disregard controversial regulation as the basis to justify the employment termination. It is argued as such, although the rule is still in full force as implementing law of a new Law on Job Creation. The new Law seemingly re-legalizes the right of employers to terminate employment due to acts of violation committed by workers as regulated in employment agreements, company regulations, or collective labor agreements. Based on the theory of Dignified Justice judges if any future disputes on termination of employment due to the controversial rule occurred may decide in favor of the employee based on important principles of law rather than the controversial rule. This will clarify the uncertainty of understanding among some circles that the Constitutional Court Decision could simply be annulled by Article 52 of Regulation No. 35 of 2021.
Unveiling the Vital Role of Trade Secrets in Sustaining Culinary Businesses for MSMEs Thalib, Nur Aisyah; Dibah, Nabilah Farah; Riswandi, Budi Agus
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9179

Abstract

This article explores the critical role of trade secrets in enhancing the sustainability of Micro, Small, and Medium Enterprises (MSMEs) in the culinary sector. It emphasizes the confidential nature of corporate information, essential for shielding against unauthorized access by the public or even employees. Given the significant economic value of Indonesia's local products, legal safeguards are imperative to protect these assets from unfair competitive practices in the market. Utilizing a normative juridical method, this study conducts a comprehensive literature review to investigate the legal framework surrounding trade secrets and its implications for MSMEs. The findings underscore a prevalent lack of awareness among MSMEs regarding intellectual property laws, highlighting the necessity for concerted efforts from various stakeholders to ensure effective implementation of these legal protections.
The Hidden Dangers of Land Disputes: Why Proof of Ownership Matters in Civil Lawsuits Anand, Ghansham
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9308

Abstract

One of the legal issues regarding civil lawsuits related to land and building rights is "whether or not the description of evidence of ownership of land and building rights is mandatory in the description of the lawsuit". This still causes dualism because there is a legal vacuum in this regard. The objectives of this article are: 1) Analyze the position of the description of proof of ownership in a lawsuit regarding land and building rights issues; and 2) Analyze the ratio decedendi regarding the parsing of proof of ownership in a lawsuit regarding land and building rights issues. This research is doctrinal research with statute, conceptual, and case approaches. The results of this study are, first, related to the description of evidence of ownership of land rights in the lawsuit as a formal requirement of the lawsuit in the issue of disputes over land and building rights is an obligation then the lawsuit can be qualified as an obscure lawsuit (obscuur libel), and of course the juridical consequence is that the lawsuit cannot be accepted (niet ontvankelijke verklaard). Second, from the consideration of the panel of judges in the Cibinong District Court Decision Number 216/Pdt.G/2023/PN Cbi. and District Court Decision 15/PDT.G/2011/PN. GORONTALO, it can be concluded that according to the Panel of Judges, the description of evidence of ownership of land rights in the lawsuit is a formal requirement that must be fulfilled.
Mitigating Human Rights Violations: A Critical Examination of Excessive Overtime Practices in the Workplace Isnaini, Nurun; Rusdiana, Shelvi; Tan, Winsherly
Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i2.8871

Abstract

In the pursuit of project goals, expediting implementation time is crucial. This study delves into the prevalent use of overtime work as a means to accelerate projects, particularly in industries striving to meet production targets. Despite government regulations stipulating permissible durations for overtime, numerous companies exceed these limits, leading to labor-related violations that infringe upon human rights. This research, employing a normative doctrinal approach, explores the impact of exceeding specified overtime limits on human rights. Recognizing human rights as fundamental and universal, the study advocates for their impartial application to all workers, irrespective of their employment status. Addressing violations through comprehensive discussions and interventions is imperative to foster a workplace that upholds the principles of non-discrimination and respects fundamental human rights.
Communities for Environmental Protection: Fostering Responsibility and Sustainability Mina, Risno; Fality, Firmansyah; Miranda, Miranda; Imani, Rizka Amelia
Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i2.9617

Abstract

Community participation in environmental protection is increasingly crucial in facing global environmental challenges. This article outlines the essence of community participation and its responsibilities in providing protection for the environment, from the individual to the community level. It emphasizes the importance of community awareness, knowledge, and concrete action to achieve sustainable development. The research method used is normative or doctrinal research. Normative research methods are legal research methods that involve reading documents related to the problem to be researched. This research method refers to legal standards and principles contained in statutory regulations. The essence of community participation in environmental protection is increasing community awareness and taking active action to preserve the environment, including increasing awareness, independence, empowerment, cooperation, ability and leadership, supervision, and local culture. Community responsibility in providing protection for the environment involves various very important aspects. society's primary responsibilities in terms of understanding and awareness, reduction of ecological footprint, participation in sustainable development, reporting and monitoring, education and extension, and participation in environmental movements. Community responsibility in environmental protection is implemented in the form of concrete actions.
The Role of Wives as Breadwinners in Serang’s Traditional Markets in Enhancing Food Security Luthfia, Chaula; Qotrun Nida; Marima Delmar Aldama; Windiyanti Bahari Putri
Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i2.9823

Abstract

The institution of marriage inherently establishes reciprocal rights and responsibilities between husband and wife. Among these is the husband’s obligation to provide material and emotional support to his wife. Over time, societal changes have opened opportunities for women, including wives, to participate in earning a living, such as through their work in traditional markets. In this context, wives who engage in traditional market activities contribute significantly to meeting food needs and, consequently, to strengthening food security. This study seeks to elucidate the pivotal role played by wives who contribute to household income as key drivers of family food security. Furthermore, it evaluates the perspective of Law No. 18 of 2012 on Food regarding wives who engage in earning a livelihood as vendors in traditional markets. Utilizing a combination of field research and literature review, the study adopts a juridical-empirical and sociological approach. The findings highlight that wives working in traditional markets are instrumental in promoting food security. Their efforts extend beyond their own households to support local food systems. These women directly embody the four critical dimensions of food security: food availability, food accessibility, food utilization, and food stability. Their contributions underscore the essential role of female vendors in ensuring sustainable food security at both familial and community levels.

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