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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 268 Documents
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Melestarikan Tradisi Mancing Ngarong: Harmoni Hukum dan Pariwisata di Teluk Mata Ikan Tan, Sebastian; Tampubolon, Theresia; Hakim, Teja Maulana; Afifa, Zaynulia; Olivia, Devrina; Disemadi, Hari Sutra
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.v27i1.9851

Abstract

Local cultural heritage is a Traditional Cultural Expression, which is an important asset and needs to be protected to ensure the continuity and diversity of human cultural heritage. However, this practice is considered to face serious threats due to the rapid development of the modern tourism industry and minimal attention to the preservation of traditional culture. This research will clearly illustrate the urgency of legal protection and preservation of the Ngarong Fishing Culture as an inseparable part of the local cultural heritage which is rich in traditional values. This research uses empirical juridical research with statutory, conceptual and ethnographic approaches. The research stages consist of problem formulation, data collection, data analysis, correlation discovery, preparation of recommendations and preparation of research outputs. The data sources used are primary and secondary data with qualitative descriptive analysis techniques. The research results show that the Ngarong Fishing Culture is not just an ordinary fishing activity, but rather a ritual passed down from generation to generation by the local community. One of the main obstacles in efforts to preserve the Ngarong Fishing Culture in Teluk Mata Ikan Village is that there is no recognition as a Communal Intellectual Property Right at the Directorate General of Intellectual Property (DJKI), so there is a large potential for loss due to intellectual property violations. Therefore, legal protection is needed, interpreted as an effort to protect legal subjects by using positive law which is enforced by its implementers and given sanctions for violators. In traditional expression, this can be done with preventive protection efforts or prevention efforts by registering communal intellectual property rights with the Directorate General of Intellectual Property (DJKI) by the Regional Government with local traditional stakeholders.
From Legal Structure to Legal Culture: Rethinking the Prosecutor’s School Outreach Program in Singaraja City Ni Luh Made Madhusodani; Yuliartini, Ni Putu Rai; Mangku, Dewa Gede Sudika
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.v27i1.10151

Abstract

This research discusses the effectiveness of the School Admissions Attorney Program in increasing students' legal awareness in Singaraja City. The research objectives are (1) to analyze the extent to which this program is effective in increasing students' legal awareness and (2) to identify and analyze various factors that hinder its implementation. This research uses an empirical legal approach with a descriptive nature, carried out at the Buleleng District Prosecutor's Office. Data was collected through document study, observation and interviews, with Non-Probability Sampling techniques using Purposive Sampling. The research results show that (1) although the Buleleng District Prosecutor's Office has attempted to provide legal education to students, this program has not been fully effective in reducing the number of students who become perpetrators of criminal acts, as shown by the fluctuation in the number of cases from year to year in Singaraja City. (2) The main obstacles in implementing this program include the large number of schools that must be handled by the Buleleng District Prosecutor's Office, clashes with other prosecutor's programs, and budget limitations. Nevertheless, the JMS Team continues to strive to overcome these obstacles by adjusting school visit schedules and optimizing the distribution of tasks, so that program implementation continues in the Intelligence sector of the Buleleng District Prosecutor's Office.
Pengabaian Nafkah Anak Secara Sengaja oleh Ayah Pasca Perceraian Andriyani, Andriyani; Qodariah Barkah; Ifrohati, Ifrohati
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.v27i1.10155

Abstract

This study examines the legal issue of fathers deliberately neglecting child support obligations following divorce, despite existing court rulings mandating such support. The research aims to analyze the criminal liability of fathers who intentionally disregard post-divorce child support obligations and to assess this issue within the context of national and Islamic law. This study employs a normative juridical method with a descriptive qualitative approach. The findings reveal that fathers who intentionally fail to provide child support after divorce can be classified as committing child neglect, which constitutes a criminal offense under Indonesian law, specifically the Child Protection Law No. 35 of 2014 and the Criminal Code, with potential penalties of up to five years' imprisonment or fines. From the perspective of Islamic law, a father’s obligation to support his child remains intact regardless of marital status, as stipulated in the Qur'an and the Compilation of Islamic Law. This research highlights that protecting children’s rights is a fundamental responsibility of the state, family, and society, which must be enforced firmly through civil and criminal measures to create a deterrent effect for fathers who neglect their obligations. Consistent and integrated legal enforcement is essential to ensure that children receive their rightful support, enabling them to grow and develop properly while preventing psychological and social harm resulting from the father's deliberate neglect after divorce. These findings call upon legal practitioners, policymakers, and community leaders to strengthen enforcement frameworks, foster legal awareness among fathers, and uphold children’s welfare as a priority within post-divorce family structures.
The Urgency of Establishing Village Customary Institutions as Legal Protection for Local Culture: An Empirical Study in Bojonegoro Regency Purwanto, Gunawan Hadi; Yasir, M.; Rahmania, Cindy Swastika
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.v27i1.10341

Abstract

The rapid development of society, driven by globalization and modernization, poses significant challenges to the preservation of local culture and identity. This study addresses a critical legal issue: the absence of village customary institutions across most villages in Bojonegoro Regency, despite their legal basis under Article 95 Paragraph (1) of Law Number 6 of 2014 on Villages. The research aims to explore the legal urgency and practical necessity of establishing village customary institutions as institutional mechanisms to safeguard cultural heritage and customary law within rural communities. Using an empirical legal research approach, this study investigates real-world legal practices through structured interviews with village authorities in Trucuk Village—currently the only village in Bojonegoro Regency with a formally established village customary institutions. The data were analyzed using qualitative descriptive methods to assess the institutional, legal, and sociocultural implications. Findings reveal that the village customary institutions in Trucuk Village functions not only as a legal instrument for preserving cultural values and indigenous traditions but also as a mediator in local dispute resolution, a protector of communal rights, and a catalyst for community-based cultural and economic development. The absence of such institutions in 418 other villages signals a significant gap in the implementation of village autonomy and cultural protection policies. This research highlights the urgent need for local governments to align with national legal mandates by promoting the establishment of village customary institutions  as legally recognized entities. Doing so will reinforce local identity, strengthen community governance, and serve as a legal bulwark against cultural erosion. The study calls for policy-level awareness and coordinated action to replicate Trucuk’s model throughout the region.
Optimizing Corporate Social Responsibility in the Plantation Sector: A Legal and Socio-Empirical Approach Sari, Rayon; Sudirman, Lu; Nurlaily, Nurlaily
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.v27i1.10378

Abstract

Corporate Social Responsibility (CSR) is a vital component of modern corporate governance, particularly in environmentally and socially sensitive sectors such as plantations. In Indonesia, although the legal framework for CSR is established through Company Law and sectoral regulations, its implementation often lacks strategic depth and sustainability. This study investigates the legal and empirical challenges of CSR practices within the non-palm plantation sector, focusing on how companies translate normative CSR obligations into effective, community-centered programs. The research aims to evaluate the effectiveness of CSR as a tool for sustainable development, identify gaps between regulatory expectations and field practices, and propose recommendations for optimization. Using an empirical juridical method, this study combines qualitative interviews with legal analysis of CSR frameworks to assess social and environmental outcomes of CSR programs. Findings reveal that CSR is frequently treated as a compliance obligation, with many initiatives lacking integration into long-term business strategy. Programs are often symbolic, with limited tangible benefits for local communities due to weak regulatory coordination, inadequate stakeholder engagement, and ineffective monitoring. The study concludes that CSR in the plantation sector requires a transformative shift—from superficial compliance to strategic sustainability. Integrating CSR into business core values, supported by clear legal standards, inclusive stakeholder collaboration, and transparent reporting, is essential to enhance its real-world impact. This research offers a model for evaluating CSR effectiveness and contributes to the broader discourse on legal reform and sustainable corporate governance in Indonesia’s agribusiness sector.
Optimizing Restorative Justice as an Alternative to Overcoming Corporate Crime in Indonesia Muksin, Muchlas Rastra Samara; Pujiyono, Pujiyono; Cahyaningtyas, Irma
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.v27i1.10388

Abstract

This research aims to analyze how the regulation of corporate criminal liability in Indonesia and the opportunity of restorative justice as an alternative to corporate crime prevention in Indonesia. By using a normative approach this research uses a case approach, statutory approach, philosophical approach and comparative approach, this research explores the regulation of corporate criminal liability in Indonesia and how the challenges of alternative corporate crime resolution through restorative justice as a means of crime prevention. The results of this study The legal framework in Indonesia has not been able to fully address the complexity of corporate criminal liability, both in terms of material and procedural aspects.The retributive approach has proven to not touch the root of the problem. This is where restorative justice offers an alternative with a focus on restoring relations between perpetrators, victims, and the community. However, its application in the corporate context is still limited and not supported by integrated regulations.Meanwhile, countries such as France and Germany have adopted the Victim Offender Mediation (VOM) mechanism as part of their criminal justice system. In France, VOM has a strong legal basis, including the 1993 amendment to the Criminal Procedure Code and institutional support from INAVEM. VOM is implemented at the pre prosecution stage, with the condition that the perpetrator admits guilt and the victim's consent. Judges and prosecutors are given the discretion to drop the case if mediation is successful.VOM there is not only a forum for compromise, but also a tool for restoring participatory and humane justice. With a clear mechanism and the active role of mediation institutions, this system opens up opportunities for renewal in handling corporate crimes in Indonesia.
Sharia Business Contracts from the Perspective of Positive Law: An Analysis of Contract Implementation in Islamic Microfinance Institutions Maulidiana, Lina; Famulia, Ledy
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.v27i1.10393

Abstract

The implementation of contracts (akad) in Sharia business agreements within Islamic Microfinance Institutions (IMFIs) often faces challenges due to discrepancies between Sharia principles and the provisions of national positive law. A lack of customer understanding regarding the contracts being applied, as well as weak Sharia oversight, contributes to undermining the legality and fairness of contract execution. This study aims to provide an in-depth analysis of how akad are implemented in IMFIs within the framework of Sharia business contracts and their relevance to Indonesian positive law. This is a descriptive qualitative study using a socio-juridical approach. Data collection techniques include direct observation at three IMFIs, in-depth interviews with managers and clients, and document analysis of the akad contracts used. The data were analyzed thematically through stages of data reduction, data presentation, and conclusion drawing, linked to legal theory and Sharia principles. The findings reveal that contract implementation remains largely administrative and does not reach a substantive understanding of the content and legal consequences of the agreements. Most clients are unaware of the type of akad used, and the contract documents have not fully referred to DSN-MUI fatwas or national legal regulations. The role of the Sharia Supervisory Board has also not been optimal in ensuring the Sharia compliance and legal validity of the contracts. The study concludes that there is both a normative and practical gap between Sharia business principles and positive law in the practice of akad in IMFIs. Future research is recommended to expand the study area and examine the effectiveness of Sharia legal training for IMFI managers as a means to improve the overall quality of Sharia contracts
Pemotongan Gaji Pegawai Swasta untuk Penerapan Tabungan Perumahan Rakyat: Kajian Fiqh Siyasah Salsabila, Adelia; Burlian, Paisol; Is, Muhamad Sadi
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.v27i1.10401

Abstract

This study examines the legal challenges arising from the enforcement of Government Regulation No. 21 of 2024 on the Public Housing Savings (Tapera) in Indonesia, which mandates a 3% salary deduction from private sector employees, sparking significant public concern over legal certainty, utility, and fairness. The primary objective of this research is to assess the urgency of Tapera’s implementation and to analyze its alignment with Islamic law (fiqh siyasah), focusing on the principles of maslahah (public interest) and justice within state policy. This study adopts a normative legal research method using a statutory and conceptual approach, focusing on the inventory and analysis of positive law and legal doctrines relevant to Tapera’s framework. Findings indicate that the regulation fails to fully meet the principles of legal certainty, utility, and justice, as reflected in inadequate public consultation and insufficient clarity regarding the distribution and management of collected funds. From the perspective of fiqh siyasah, the enforced salary deductions without clear and fair mechanisms contradict the principles of equitable treatment and voluntary consent emphasized in Islamic law, highlighting concerns of unjust burden on employees. The study also underscores that, despite Tapera’s intended aim to facilitate equitable access to housing for low- and middle-income groups, its current implementation may undermine the welfare state principles envisioned by the Indonesian Constitution and the values of social justice upheld in Islamic governance. Thus, this research emphasizes the need for transparent communication, inclusive policy-making, and restructuring of Tapera’s implementation to ensure it becomes a fair, lawful, and socially beneficial instrument in addressing Indonesia’s housing challenges.
Ratio Decidendi of Judges’ Decisions on The Use of Foreign Language Agreements in Indonesia Amin Amirudin; Dwi Fidhayanti
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.v27i1.10405

Abstract

This research examines the legal issues surrounding agreements made in foreign languages without an accompanying Indonesian version, specifically regarding the judges’ legal considerations in canceling such agreements and the resulting legal consequences. The study uses a normative juridical method with statutory and case approaches. Primary legal materials were derived from relevant laws and judicial decisions, while secondary materials were obtained from literature studies, analyzed using grammatical interpretation. The study reveals inconsistencies in judicial interpretation. In Decision No. 3395 K/Pdt/2019, the court ruled that an agreement not using Indonesian was null and void. Conversely, in Decision No. 1124 K/Pdt/2020, the court considered a similar agreement valid and binding, despite the absence of an Indonesian translation. This discrepancy reflects a lack of uniformity in upholding the mandatory use of Indonesian as regulated by Article 43(1) of Law No. 2 of 2014 on Notary Position. The article mandates that deeds involving foreign parties must be in Indonesian or accompanied by an Indonesian translation. Violations of this requirement constitute breaches of imperative legal norms, rendering the agreement void. The research aims to promote legal awareness on the mandatory use of Indonesian in agreements and to highlight the need for consistent judicial interpretation to uphold legal certainty.
Hybrid Dispute Resolution in Administrative Law: Toward an Integrated Model for Government Conflict Management Subrata, Rusli; Arifin, Firdaus; Maarif, Ihsanul
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.v27i1.10462

Abstract

The increasing complexity of citizen–government interactions in administrative law has revealed the limitations of litigation-based dispute resolution, which is often criticized for its rigidity, inefficiency, and lack of procedural inclusiveness. This study aimed to develop a conceptual model of Hybrid Dispute Resolution (HDR) that integrates judicial procedures with alternative dispute resolution (ADR) mechanisms to enhance fairness, participation, and institutional responsiveness in resolving administrative disputes. A normative juridical method was employed, incorporating statutory, conceptual, and comparative approaches. Legal frameworks and institutional practices in Singapore, China, and Poland were examined to identify key elements for HDR adaptation within the context of Indonesian administrative law. These findings indicate that HDR, particularly through models such as Med-Arb and Arb-Med, can effectively combine the legal certainty of litigation with the flexibility and participatory benefits of ADR. However, successful implementation requires a robust legal framework, trained mediators, institutional readiness, and public accountability mechanisms. HDR not only provides procedural alternatives but also contributes to the democratization of public administration by enabling citizens to directly engage with the state in resolving disputes. This reflects a paradigm shift toward more adaptive and humanistic governance. The HDR offers a viable framework for reforming administrative dispute resolution systems, with broad implications for access to justice, regulatory innovation, and the enhancement of citizen–state relations in democratic governance.

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