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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 280 Documents
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Legal Analysis of the Advancement of AI and Blockchain Amid Lagging Digital Copyright Regulation in Indonesia Jubaidi, Didi; Khoirunnisa, Khoirunisa
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11069

Abstract

The rapid advancement of Artificial Intelligence (AI) and blockchain technology has reshaped the digital landscape, particularly in content creation, storage, and distribution. Despite these innovations, Indonesia’s copyright law has not kept pace, creating a pressing research problem: the adequacy of existing regulations in addressing AI- and blockchain-based works. This study aims to examine the legal implications of these technologies and evaluate whether Indonesia’s current copyright framework, particularly Law No. 28 of 2014, can effectively respond to such challenges. Using a normative juridical methodology that combines statutory, conceptual, and comparative approaches, the research examines Indonesian copyright law and contrasts it with developments in the European Union and the United States. The findings reveal critical regulatory gaps, including the absence of recognition for non-human authorship, insufficient mechanisms for decentralized content management, and the lack of clarity on smart contract-based licensing. These deficiencies create legal uncertainty that risks weakening the protection of creators’ rights in the digital era. The study contributes by emphasizing the significance of adaptive and technology-responsive reforms, recommending proactive legislative updates and the adoption of flexible legal doctrines to ensure Indonesian copyright law remains effective and relevant in the face of rapid technological change.
The Compatibility of Donald Trump’s Reciprocal Tariff with WTO and Indonesia’s National Interests Syariffudin, Muhammad Reza Zaki; Sadida, Muhammad Qaulan; Nugroho, Muhammad Adjie; Cason, Christopher Michael
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11274

Abstract

Donald Trump, President of the United States, implemented a reciprocal tariff international trade policy that aims to regulate commercial exchanges between countries. The reciprocal tariff policy has sparked controversy, where several countries have rejected this policy and considered it a violation of World Trade Organization (WTO) principles. Under this policy, countries deemed to have significant barriers to products originating from the United States will be subject to a minimum tariff of 10% with some countries are subject to much higher tariffs, such as Vietnam, which faces a 46%, including Indonesia which faces 32% increase in import tariffs to the United States. This study examines how Donald Trump’s Reciprocal Tariff policy aligns with World Trade Organization (WTO) principles and agreements, and how the Indonesian government has responded legally to this policy. The fundamental World Trade Organization (WTO) principles are based on non-discrimination, yet the tariffs imposed vary between countries. To determine the appropriate response, Indonesia must consider a strategic lens that balances risk, utility, and long-term national interest. By thoroughly analyzing these factors, this study aims to provide insights into the potential violations of World Trade Organization (WTO) principles by the tariff policy and recommend how Indonesia should respond effectively. Employing a normative juridical research method, the study combines statutory and case approaches, supported by secondary literature, and expert interviews. The findings show that the reciprocal tariff policy violates fundamental WTO principles, especially Most-Favored Nations principle under Article 1 GATT, tariff binding principle under Article II GATT, National Treatment principle under Article III GATT, and Publication and Administration of Trade Regulations provision under Article X GATT. The best legal steps that the Indonesian government can take in dealing with the reciprocal tariff policy is by initiating negotiation.
Between Efficiency and Participation: A Democratic Review of Village Head Candidacy Limits in Bangkalan Regency Supriyo, Agus; Arifin, Samsul; Hariri, Achmad; Asis, Asis
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.9279

Abstract

The regulation of village head elections in Indonesia reflects the state’s effort to balance democratic participation with administrative efficiency at the local level. However, a legal gap arises when restrictions on the number of village head candidates are implemented through derivative regional regulations, raising questions about their compatibility with democratic principles and the constitutional guarantee of political rights. This study aims to examine whether the limitation of village head candidates in Bangkalan Regency is consistent with the concept of democracy and to assess the implications of the additional selection mechanism based on a scoring system. This research employs a normative legal research method using a statute approach and a conceptual approach by analyzing constitutional provisions, statutory regulations, ministerial regulations, and regent regulations related to village head elections. The findings reveal that the restriction of candidates is legally valid from an administrative perspective, as it is justified by considerations of effectiveness, efficiency, budgetary limitations, and the need to prevent social conflict in simultaneous village head elections. Nevertheless, from a democratic perspective, such restrictions present a normative dilemma, as they have the potential to reduce the quality of political participation and undermine the principle of political equality, particularly for prospective candidates who lack access to adequate information or resources. The use of a scoring system in additional selection further intensifies this issue by introducing subjective and uneven assessment criteria that may disadvantage certain segments of society. This study contributes to legal scholarship by demonstrating that while administrative efficiency is an important objective, it should not override fundamental democratic values. The research underscores the need for transparent, accountable, and participatory regulatory designs to ensure that local election governance upholds both administrative effectiveness and the protection of citizens’ civil and political rights within Indonesia’s democratic framework.
From Prison to Community: Reconstructing Community Service Sentencing as Ius Constituendum in the Reform of Indonesia’s Criminal Procedure Code Asis, Asis; Yakin, Bisma Ainul; Arhabi, Muhammad Farhan; Arifin, Muhamad Zainal
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.10333

Abstract

Community service sentence is a form of non-custodial punishment aimed at shifting the orientation of penal policy from a retributive approach towards a more corrective and restorative one. This type of punishment provides an opportunity for perpetrators of minor offenses to amend their wrongdoing through tangible contributions to society without having to serve imprisonment. However, to date, the regulation of community service sentencing remains legally unregulated within the Indonesian criminal procedural system, particularly in the Criminal Procedure Code (KUHAP). This legal vacuum has resulted in the absence of an adequate legal basis for judges and law enforcement officials to impose and implement such a sentence. This article aims to examine community service punishment as a form of ius constituendum, namely, law that ought to be enacted in the future, within the framework of KUHAP reform. By employing normative and conceptual approaches, this article explores the urgency, rationality, and regulatory direction of community service sentencing within the national penal system. The findings indicate that the inclusion of community service punishment in the forthcoming KUHAP is crucial to realizing a more proportional, humane penal system that aligns with the principles of corrective justice and the demands of a modern criminal justice system. This article further argues that the current legal vacuum reflects the unresponsiveness of Indonesia’s criminal justice system, and calls for a responsive legal framework in line with the theory of responsive law, ensuring that legal reforms are attuned to evolving societal needs and values of justice.
Dualism of Land Management Authority between BP Batam and the Batam Municipal Government: Its Impact on Building Use Right Certificates Bottor Erikson Pardede; Pristika Handayani
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11162

Abstract

The dualism of land management authority between the Batam Indonesia Free Zone Authority (BP Batam) and the Batam Municipal Government has generated persistent legal and administrative challenges in the issuance of Building Use Right Certificates in Batam City. Overlapping authority has resulted in prolonged certification procedures, regulatory inconsistencies, and heightened legal uncertainty, which negatively affect investment realization and the effectiveness of land governance. Despite the existence of comprehensive statutory frameworks, the implementation of HGB certification in Batam continues to encounter structural obstacles arising from fragmented institutional authority. This study aims to examine the impact of the dualism of authority between BP Batam and the Batam Municipal Government on HGB certification services and to propose policy recommendations to enhance legal certainty and administrative efficiency. The research employs empirical legal research using a statutory and phenomenological approach. The findings indicate that the dual authority structure has significantly delayed HGB certification, with more than 1,100 applications pending in 2023 and affected investment values amounting to approximately IDR 2.3 trillion. Divergent documentary requirements, zoning maps, and procedural standards between BP Batam and the municipal government have created duplicative processes and extended verification stages, resulting in certification timelines of up to 180 days for land parcels requiring approval from both authorities. Although BP Batam regulations provide detailed technical guidance and strong formal legal legitimacy, their implementation is frequently misaligned with municipal policies, thereby weakening substantive legal certainty. The study further reveals that limited inter-agency coordination, insufficient integration of information systems, and the absence of binding dispute-resolution mechanisms contribute to recurring land disputes and litigation. The study concludes that resolving land governance dualism in Batam requires regulatory harmonization, clearer delineation of authority, and the establishment of an integrated One Door Service Unit supported by a Batam-specific Online Single Submission system to accelerate certification processes and strengthen legal certainty.
Judicial Reasoning in Banking Contract Defaults: A Case Study from Indonesian District Courts Arifiyansyah, R. Muhammad Arfit; Sudirman, Lu; Situmeang, Ampuan; Fatihah, Nur
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11243

Abstract

Banking customer default (wanprestasi) cases have increasingly dominated civil litigation in Indonesian district courts, particularly following the economic disruptions caused by the COVID-19 pandemic. While debtors frequently acknowledge contractual breach, courts are often confronted with non-juridical arguments based on economic hardship, creating a tension between strict contractual enforcement and the pursuit of substantive contractual justice. This study aims to analyze judicial reasoning in adjudicating banking customer default by examining Decision No. 22/Pdt.G.S/2023/PN Batam and assessing its conformity with the provisions of the Indonesian Civil Code. The research employs a normative juridical method using statutory and case approaches, relying on secondary legal materials including court decisions, statutory regulations, and legal doctrines. The findings reveal that the court consistently applied Articles 1239, 1243, and 1244 of the Civil Code, declaring the defendant in default due to failure to fulfill credit repayment obligations despite multiple formal warnings (somasi). Judicial reasoning was primarily grounded in written evidence and the debtor’s explicit acknowledgment of default, allowing the case to be resolved efficiently under the simplified lawsuit mechanism. The court ordered full repayment of the outstanding loan or, alternatively, authorized the auction of collateral through the State Assets and Auction Service Office (KPKNL). However, the analysis also indicates that the judgment predominantly emphasized legal certainty and contractual compliance while giving limited consideration to the debtor’s post-pandemic economic condition and request for installment relief. This study is significant as it demonstrates how simplified civil procedures reinforce creditor protection and procedural efficiency, yet simultaneously expose limitations in accommodating substantive contractual justice. The findings contribute to the development of default theory in banking law and provide critical insights for improving judicial responsiveness in contractual disputes involving socio-economic vulnerability.
Regulating Dark Patterns in Indonesian E-Commerce: Comparative Lessons from South Korea and the EU Az-Zahra’, Putri Nabila; Nurlaily, Nurlaily; Agustianto, Agustianto
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11304

Abstract

The proliferation of dark patterns, which are manipulative interface designs that influence user decisions, poses a major legal challenge in e-commerce by compromising consumer autonomy. However, existing Indonesian legal instruments (Consumer Protection Law, the amended EIT Law, and the Personal Data Protection Law) do not explicitly address them. The core legal issue lies in the absence of clear legal provisions, definitions, and enforcement mechanisms governing dark patterns in Indonesia’s digital marketplace. This study aims to evaluate the regulatory gaps in Indonesia's consumer protection framework by comparing it with more advanced legal systems in South Korea and the European Union. Employing a normative legal research method and a comparative-legal approach, the study analyzes legal texts and institutional mechanisms from all three jurisdictions. The findings indicate three regulatory gaps in Indonesia: the lack of explicit substantive prohibitions, the absence of specialized institutional oversight, and the unavailability of technical guidelines for digital interface governance. In contrast, South Korea regulates five categories of dark patterns through its E-Commerce Act and enforces compliance through the Korea Fair Trade Commission, while the European Union explicitly prohibits deceptive design practices under the Digital Service Act, supported by the UCPD, GDPR, and the EDPB Guidelines. These comparative insights indicate that Indonesia’s reactive regulatory posture fails to reflect the ideals of justice, legal certainty, and social utility as articulated by Gustav Radbruch. Academically, this study contributes by offering a structured three-pillar framework: substantive norms, institutional strengthening, and technical guidelines, as a foundation for developing a more adaptive and consumer-centered digital regulatory system. To remedy this, the study recommends adopting a progressive legal strategy inspired by Satjipto Rahardjo, involving explicit statutory definitions, institutional reforms, and technical instruments such as interface ethics guidelines and integrated digital dispute resolution systems.
Religious Norms vs. Global Trade Regulations: An Analysis of the WTO DS477/478 Dispute and Indonesia’s Halal Certification Sutrisno, Andri; Priyono, F.X. Joko; Trihastuti, Nanik; Maulidah, Khilmatin; Wendra, Muhammad
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11350

Abstract

This study examines Indonesia’s halal certification as both a legal instrument and an economic policy with direct implications for international trade. Using a normative juridical approach combined with qualitative economic analysis, it explores Law No. 33 of 2014 on Halal Product Assurance (UUJPH) and its application to meat import policies, particularly in the aftermath of WTO disputes DS477/478. Halal certification is framed as a fundamental necessity for Indonesia’s Muslim majority and as a legitimate objective under Article XX(a) of the GATT 1994, which protects public morals. The findings highlight two strategic dimensions of the policy: first, consumer protection and the enforcement of maqāṣid al-sharīʿah through traceable ingredients and production processes; second, its role as an economic tool to enhance product competitiveness, expand international market access, and strengthen Indonesia’s position within the global halal supply chain. However, significant challenges persist. Domestically, limited legal literacy, certification costs, and the constrained capacity of micro, small, and medium enterprises (MSMEs) hinder certification uptake. Internationally, mandatory halal certification is sometimes perceived as an additional technical barrier to trade, sparking trade disputes. Analysis of GATT 1994 Articles III and XI and TBT Agreement Articles 2.2 and 2.4 underscores the need for Indonesia’s policy to avoid unjustifiable discrimination and unnecessary trade restrictions. The study concludes that harmonizing the protection of public morals with multilateral trade commitments is essential. Policy recommendations include revising the UUJPH to align with international standards, strengthening the Halal Product Assurance Agency’s capacity, providing incentives and support for MSMEs, and expanding mutual recognition agreements with key trading partners. With evidence-based, transparent, and inclusive policies, Indonesia can reinforce its role as a global halal industry hub while safeguarding its trade reputation and balancing religious values with international trade obligations.
The Legitimacy of BPI Danantara: Investment Management Responsibility in the Context of Business Judgment Rule Laksmanajati, Teofilus Dendro; Fachrizal, Fachrizal; Rato, Dominikus; Ohoiwutun, Y.A. Triana
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11416

Abstract

The establishment of Danantara as a national investment management institution (sovereign wealth fund) based on Law Number 1 of 2025 is a strategic step in consolidating state-owned enterprises' assets and capital to support economic growth and public welfare. However, the implementation of Danantara faces various legal and governance issues, particularly related to the dual roles of public officials, restrictions on the authority of the Supreme Audit Agency (BPK), and potential structural conflicts of interest that weaken the principles of Good Corporate Governance (GCG). In addition, the regulation of the Business Judgment Rule (BJR) principle in this law poses its own challenges: on the one hand, it protects directors from criminalization of investments, but on the other hand, it has the potential to open loopholes for abuse of authority if it is not balanced with effective oversight mechanisms. This study uses a normative and prescriptive-analytical juridical approach, examining the synchronization of norms in Law 1/2025, Law 40/2007 on Limited Liability Companies, and the practice of applying BJR in BUMNs, such as the Pertamina BMG Block case, the Garuda Indonesia case, and PT PLN Batubara. The results of the study show that the implementation of BJR in BUMNs and Danantara is effective in preventing the criminalization of business decisions if the directors are able to prove the elements of good faith and duty of care. However, there are still weaknesses in the aspects of transparency, accountability, and independence of supervision, which have the potential to reduce public trust. Therefore, it is necessary to strengthen the role of independent audits, prohibit public officials from holding multiple positions, and implement compliance reporting-based supervision to ensure that the BJR principle is carried out in accordance with the corridor of law and business ethics.
Lien Rights: The Invisible Pillar Urgently Needed in Indonesia’s Construction Security System Regulation Adiwinata, Gianina Elizabeth; Simamora, Yohanes Sogar; Kurniawan, Faizal; Aristyawan, Patricia Anais; Nugraha, Xavier
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11939

Abstract

Indonesia’s construction sector faces acute payment risk, particularly for subcontractors and suppliers positioned downstream in multi-tier contractual chains. Unlike many common law jurisdictions that mitigate this risk through statutory construction lien rights, non-possessory security interests that attach to the improved aset, Indonesia lacks an equivalent construction-specific proprietary protection, leaving payment security largely dependent on contract remedies and general security devices. This article examines (i) how construction lien regimes function as project-specific security mechanisms in selected common law jurisdictions and (ii) the normative and functional gap created by their absence in Indonesia, along with feasible accommodation pathways. Employing doctrinal (normative) legal research using statutory, conceptual, and comparative approaches, the study analyzes representative lien frameworks in North Dakota, Texas, and Ontario. The analysis finds that, despite jurisdictional variations, lien regimes share a regulatory core: lien rights arise upon performance, are made transparent through notice/registration systems, operate under calibrated priority rules, and are enforceable against the project asset through structured procedures. By contrast, Indonesia’s principal security instruments, Mortgage Rights (Hak Tanggungan) and Fiduciary Security (Jaminan Fidusia), are structurally ill-suited to secure progressively embedded construction value and to protect parties lacking privity with owners. The article concludes that strengthening Indonesia’s construction security framework requires a construction-specific proprietary mechanism, preferably statutory recognition of construction lien rights with carefully designed registration, time limits, and priority rules to balance contributor protection with owner and financier certainty.

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