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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 268 Documents
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Legal Insights on Symbolism in Traditional Architecture: Protecting Batam’s “Kampung Tua” Lie, Cindie; Royce, Charles; Rahman, Maria Puteri; Istiqomah, Nurul; Aurelia, Jennifer; Disemadi, Hari Sutra
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.v26i2.9850

Abstract

In today’s rapidly modernizing world, traditional architecture often faces threats from swift development and urbanization. Protecting traditional architecture is not merely about preserving physical structures; it is about understanding and maintaining the cultural values embedded within them. By employing an empirical juridical method that combines juridical, conceptual, and ethnographic approaches, this research seeks to explore the philosophical, historical, and cultural values inherent in the traditional Malay architecture of Kampung Tua in Batam City. Additionally, it aims to analyze the relevance and applicability of intellectual property concepts within the context of local communal identity. The findings reveal that while traditional Malay architecture has been recognized as part of communal intellectual property, its legal protection remains inadequate. Proper inventory, documentation, and official recognition are necessary to strengthen legal protection, with collaboration between the government, indigenous communities, and academics being crucial to keeping this cultural heritage alive.
The Development of Corporate Criminal Liability Paradigm in Environmental Pollution Cases Febriani Mustikasari; Syaifuddin Zuhdi
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.v26i2.9889

Abstract

Criminal liability by corporations is a legal consequence of environmental pollution caused by the activities of the corporation itself. This research is a normative juridical research that combines statutory and comparative approaches through processing of primary, secondary, and tertiary legal materials with descriptive analysis methods. The purpose of this study is to determine the development of the paradigm and corporate criminal liability in cases of environmental pollution. The results of this study found that corporate criminal liability related to environmental pollution cases is at least regulated in Law Number 32 of 2009 (UUPPLH), the Omnibus Law, and the New Penal Code which will soon come into effect. There are differences in the provision of criminal sanctions in each law. But in general, it can be concluded that environmental pollution by corporations is a legal act that must be dealt with legally so as not to create a greater adverse impact on the environment and society.
Legal Analysis of Tengkawang Seed Exports in the Context of Natural Resource Conservation Sanni, Devi Mutiara; Hariri, Achmad
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.v26i2.9936

Abstract

The conflict between the Regulation of the Minister of Environment and Forestry (LHK) No. P.106/MENLHK/SETJEN/KUM.1/12/2018 and the Regulation of the Minister of Trade (Permendag) No. 44 of 2012 has created significant legal uncertainty regarding the protection and trade of tengkawang seeds in Indonesia. The LHK Regulation does not include tengkawang seeds as a protected plant species, while the Permendag prohibits the export of tengkawang seeds. This study aims to analyze the normative conflict related to the regulations governing the export of tengkawang seeds and its implications for environmental conservation and the economy in Pontianak City. The research methodology used is normative analysis with a statutory approach. Legal materials were obtained through document studies of laws and regulations and literature reviews.The research results show that this regulatory conflict hinders the export of tengkawang seeds, harms business actors, and potentially increases illegal trade activities. Furthermore, this inconsistency also causes confusion among law enforcement officials and the general public regarding the protection status of tengkawang seeds. This study recommends harmonizing regulations between the Ministry of Environment and Forestry and the Ministry of Trade to ensure effective protection of tengkawang seeds while supporting economic growth through legal and regulated trade. Additionally, in accordance with the legal principle lex posterior derogat legi priori, the newer law should prevail. Moreover, as per the LHK regulation, tengkawang seeds are not classified as protected plant varieties, which legally allows them to be exported.
Protecting Famous Trademarks: Legal Insights from the EV Electro Voice Case in Indonesia Robiyatul Adawiyyah, Inni Isnaini; Indrawati, Septi
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.v26i2.9941

Abstract

Trademark rights play a critical role in business, particularly in navigating global competition and safeguarding well-known brands. However, the principle of good faith in trademark registration is often exploited to mimic the fame of established trademarks. This study examines the prohibition of the registered trademark "EV ELECTROVOICE + Logo" as contested by the trademarks "EV and Logo" and "ELECTRO-VOICE," as outlined in Decision Number 83/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst. The research aims to analyze the legal rationale behind the court's decision and its implications for trademark protection in Indonesia, especially concerning the application of the first-to-file principle and the protection of well-known trademarks. Employing a normative juridical method, the study focuses on examining relevant legal norms and their application in practice. The findings reveal that the court nullified the “EV ELECTROVOICE + Logo” registration due to bad faith, as the registration was intended to leverage the reputation of well-known trademarks. This decision underscores the significance of maintaining good faith in trademark registration and highlights the influence of international law in securing rights for well-known trademarks. The study contributes to a deeper understanding of trademark law dynamics in Indonesia and sheds light on the decision's implications for protecting famous trademarks within the national legal framework. Ultimately, the research aims to enrich the comprehension of trademark law principles in Indonesia and provide insights for improving regulations to address the challenges of trademark protection in a globalized era.
Reducing Stunting in South Lampung Regency through Preventing Early Marriage: A Critical Analysis Sari, Ratna Kumala; Prasetya, A. Riva; Zanariyah, Sri; Famulia, Ledy; Terina, Tian; Novalia, Novalia; Mirnasari, Tiar; Pahlevi, Reza
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.v26i2.9945

Abstract

South Lampung Regency is recognized as one of the 100 priority districts/cities for addressing child stunting, as designated by the Poverty Reduction Acceleration Team. Efforts to prevent and reduce stunting vary across regions, with the South Lampung Regional Government implementing its own strategies. However, the stunting rate in South Lampung Regency has not shown a significant decline to date. This study aims to analyze policies aimed at reducing stunting rates in South Lampung Regency, with a particular focus on the prevention of early marriage. The research is situated within the framework of public legal policy, specifically addressing the reduction of stunting through measures to prevent early marriage in the region. To this end, a policy-oriented approach was adopted. Findings reveal that early marriage is a contributing factor to growth and developmental disorders in children, manifesting as stunting indicated by height or length measurements below standard norms. The correlation between stunting prevalence and the number of marriage dispensations granted in South Lampung Regency underscores this relationship. The South Lampung Regional Government’s efforts to combat stunting are encapsulated in the South Lampung Regent Regulation Number 15 of 2023, which focuses on accelerating stunting reduction. This policy highlights the critical need to address early marriage as a key strategy in mitigating stunting and ensuring healthier developmental outcomes for children in the region.
Challenges and Implementation of Disability Rights in Singaraja Correctional Facility: A Study of Article 37 of Law No. 8/2016 Sariasa, Gede; Yuliartini, Ni Putu Rai; Mangku, Dewa gede Sudika
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.v26i2.10049

Abstract

This research discusses the implementation of Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional institution. The objectives of this study are to: (1) Understand and analyze the implementation of Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional Facility, and (2) Identify and analyze the obstacles to implementing Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional Facility. This research is an empirical legal research that is descriptive in nature. The findings of the study are: (1) The implementation of Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional Facility has been pursued to the best extent possible through the establishment of a Disability Service Unit and the fulfillment of various rights and supporting facilities. However, many of the supporting facilities provided do not yet meet the standards mandated by the law. (2) The factors hindering the implementation of Article 37 Paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities at the Class IIB Singaraja Correctional institution include limited land, lack of human resources such as the shortage of trained staff to handle disabled inmates, budget constraints, and the ongoing issue of overcrowding at the Class IIB Singaraja Correctional institution.
Fulfillment of Victims’ Rights to Handling Child Victims of Sexual Violence in Buleleng Regency Yuliartini, Ni Putu Rai; Mangku, Dewa Gede Sudika
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.v26i2.10052

Abstract

This research aims For analyze fulfillment of victims' rights in Handling case child victims of violence sexual in Buleleng Regency. With use approach juridical-empirical, this research explores implementation of the legal protection provided to child victims of violence sexual, as well as evaluate effectiveness mechanism handling carried out by the party authorities, including apparatus enforcer law and child protection institutions. The results of this study indicate that although there is adequate regulation, still there is constraint in implementation, such as limitations source Power humans and their lack mentoring psychological. This research is expected can become input for maker policy For increase efforts to protect and fulfill the rights of children who are victims of violence sexual.
Legal Discourse on Legalizing Cryptocurrency as Legal Tender in Indonesia: Insights from Global Practices Christmas, Sandy Kurnia; Angelique, Aurellia
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.v26i2.10053

Abstract

Cryptocurrency in Indonesia presents both advantages and challenges. The Indonesian government has not yet given legality to cryptocurrency as legal tender. However, even though it does not have specific regulations, this matter regarding crypto is described as a crypto asset in several legal regulations in Indonesia. This study aims to examine the potential for implementing cryptocurrency as legal tender in Indonesia and whether it can be regulated within the country's legal framework. It also compares Indonesia's situation with the legal systems of El Salvador and the Central African Republic, where cryptocurrency has been adopted as legal tender. This study was studied in a socio-legal research method review, which used several approaches from a legislative perspective, case studies, and a comparison of state laws.  The findings reveal that while there is no specific law in Indonesia that regulates cryptocurrency as legal tender, there are existing regulations governing crypto assets, overseen by the country's futures supervisory agency. Crypto in Indonesia does not yet meet the standard requirements as legal tender, such as tability of value, divisibility, and uniformity. Based on a comparison of laws in El Salvador and the Central African Republic that have established crypto as legal tender, several comparisons can be seen starting from the structure, substance, and legal culture, where support for regulations and institutions as well as community support can maximize the legalization of crypto in Indonesia, but this requires several special considerations related to the impact and influence that will be faced if the legality of crypto is implemented. Therefore, based on the comparison of the law, it will be seen whether Indonesia.
Consumer Protection in Indonesia's Thrift Fashion Boom: Challenges, Obstacles, and Policy Implications Soesilo, Galih Bagas; Rahmat, Al Fauzi; Sapardiyono, Sapardiyono; Siregar, Sabilillah Rais
Journal of Judicial Review Vol. 27 No. 1 (2025): June 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i1.9457

Abstract

The increasing sales and high market demand for Thrift Fashion pose several risks, particularly concerning consumer safety and the sustainability of the business climate within the same market. Imported second-hand clothing may be classified as hazardous goods or products due to its free circulation without adequate quality control. This research aims to examine the challenges, obstacles, and policy implications in addressing the sales of Thrift Fashion in Indonesia. The methodology employed in this study is purely normative legal research, relying solely on secondary data sources. The findings indicate that Thrift Fashion is explicitly prohibited in Indonesia, as stated in Law Number 7 of 2014 concerning Trade, Law Number 8 of 1999 concerning Consumer Protection, and Regulation of the Minister of Trade Number 40 of 2022. The issue surrounding Thrift Fashion extends beyond the actions of consumers and business actors; it is also influenced by insufficient law enforcement to prevent the circulation of such goods. In response to this, it is essential to adopt effective solutions to address the proliferation of Thrift Fashion. One such solution is to educate consumers about the risks associated with the violation of product usage rights and to raise awareness among business actors at various levels regarding their obligation to ensure the quality of the products they sell. The government could also offer compensation or targeted subsidies to business actors engaged in the Thrift Fashion trade, enabling them to transition to alternative businesses when their products are confiscated and destroyed.
Criminal Sanctions as a Last Resort in Environmental Law Enforcement: A Study of Mining Pollution in Palu and Donggala Lestari, Titie Yustisia; Sari, Dewi Kemala; Hasnawati, Hasnawati
Journal of Judicial Review Vol. 27 No. 1 (2025): June 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i1.9785

Abstract

Environmental pollution from mining activities in Indonesia, particularly in Palu City and Donggala Regency, presents complex legal challenges as the country strives to enforce environmental protection laws effectively. The core legal issue addressed in this research is the insufficient implementation of criminal sanctions despite the evident environmental degradation caused by licensed mining operations, which often only receive administrative sanctions without achieving deterrence or restoration. This study aims to examine the enforcement of criminal sanctions as a legal mechanism to strengthen environmental law in Indonesia. Utilizing an empirical legal research method through field observations and direct interviews, the research captures the realities of environmental law enforcement in Palu City and Donggala Regency. The findings reveal that although Indonesia's environmental laws provide clear provisions for imposing criminal sanctions on polluters, the practical application remains limited due to administrative hurdles, lack of coordination between central and local governments, and the prioritization of economic interests over environmental protection. However, imposing criminal sanctions is imperative to ensure corporate accountability, prevent further ecological damage, and encourage compliance with environmental quality standards. This study highlights the urgency of positioning criminal sanctions not merely as ultimum remedium but as an integral part of a proactive enforcement strategy, thereby fostering sustainable development while safeguarding environmental integrity. The insights from this research are intended to guide policymakers, law enforcers, and environmental advocates in improving the effectiveness of environmental criminal law enforcement in Indonesia, ensuring a balanced approach between economic growth and environmental sustainability.

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