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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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INDONESIA
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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Perlindungan Hukum Dan Penanganan Buruh Migran Yang Bermasalah Di Luar Negeri Rina Shahriyani Shahrullah; Grace Efride Kusa
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

When viewed from the side of quantity, the government program for placing Indonesian workers abroad can be said to work well, the number of Indonesian workers who work abroad are likely to continue to rise, but when viewed from the aspect of protection of migrant workers, especially legal protection, programs The government is still questionable in view of the vulnerability of the legal protection of migrant workers, especially migrant workers informally.As a comparative study in order to improve legal protection for Indonesian migrant workers, it is necessary to see a handling model that migrant workers can be quite successful, namely the handling of migrant workers Philippines.Indonesia regulations currently only limited regulation ministerial level, whereas the issue of Indonesian migrant workers affairs intersect with cross-departmental and cross-country. Filipino migrant workers setting stipulated in a law that specifically regulates the protection of migrant workers, namely the Republic Act 10022 (The Migrant Workers and Filipinos Act of 1995).Based on this research, it obtained information that the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Migrant Workers Convention 1990) both in Indonesia and the Philippines, both countries have a goal to protect and deal with migrant workers who work abroad. In this study, it was found that the legal protection of migrant workers and handlers Philippines better than the Indonesian. Therefore, this study recommends to legal protection and handling of migrant workers, Indonesia needs to learn from the Philippines.
Analisis Terhadap Tindak Pidana Penipuan Pada Transaksi Jual Beli Online di Kota Batam Elza Syarief; Yudhi Priyo Amboro; Uji Febianika
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The technology development in every aspects, in fact the crime was also developing itself, known as cyber crime or the crime by using internet networking. On sell and buy transaction via Online actually it was not missed from the cyber crime.The research problem that would be discuss was (1) how was the implementation of ITE Law against sell-buy transaction fraud by internet in Batam, (2) the problem on implementation of ITE Law against sell-buy transaction fraud by internet in Batam, and (3) what was the best solution to handle sell-buy transaction fraud by internet problem in Batam.This research was using descriptive methode by using normative approach (legal research) to got secondary data and juridic approach (sociologic juridic), to got primary data by field research.According to the research result, ITE Law had been implemented against sell-buy transaction fraud by internet in Batam. The problem that faced by Batam Police Investigator on implementing ITE Law against sell-buy transaction fraud by internet, such ITE Laws was not too clear regulate criminal provisions for the person that had done fraud via internet.The best solution on handling the obstacle to implement ITE Law in Batam was there were need some socialization to all citizens componens to report case against sell-buy transaction fraud by internet in Batam to police. Also needed equipments that useful and a competent human resources to searched the people that done sell-buy transaction fraud by internet in Batam.
Tinjauan Tentang Tugas dan Wewenang Balai Pengawas Obat dan Makanan (BPOM) di Batam Terhadap Peredaran Kosmetik Berbahan Kimia Berbahaya di Kota Batam Alfis Setyawan; Merry Mitha Sari
Journal of Judicial Review Vol 21 No 2 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v21i2.663

Abstract

The purpose of this research is to find out the Duties and authorities of the Food and Drug Supervisory Agency (BPOM) in the supervision of the circulation of cosmetics made from hazardous chemicals in Batam so that it can be known the forms in the implementation of supervision and the factors that impede the supervision process carried out by the Balai POM. This research method uses a type of empirical juridical research by conducting interviews with Balai POM Officers and interviews with Business Actors and supported by the provisions of the Act relating to the supervision of the circulation of cosmetics made from hazardous chemicals which are then compared with facts that occur and analyzed descriptively. Duties and authorities obtained by the Central Bureau of Drug and Food Control directly from the Law to examine and act on distribution facilities that commit violations still do not produce public output in accordance with applicable legal regulations, there are obstacles that impede the implementation of supervision and enforcement so that they have not reached conformity between regulations and business actor behavior.
Perlindungan Hukum Kreditur Dalam Pelaksanaan Eksekusi Hak Tanggungan Elza Syarief; Yudhi Priyo Amboro; Risky Hadi Putra
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The study aims to review and analyze the effectiveness of the application of the legislation – Act No. 4 of 1996 on the rights of the Legal Protection Against Creditors Dependents In Execution.The research method used was the normative research. The results showed the form of legal protection the certificate holder's rights of creditors against the debtor who did a dependent resistance time collateral was executed was a dependent Right certificate and certificate Rights over land.The occurrence of nonperforming loans or credit problems are generally caused by the global economic downturn are having an impact on inflation and the weakening of the business sector in addition to other factor was not assessed debtors character cooperative.
Pertanggungjawaban Pidana Bagi Pelaku Prostitusi Online Berdasarkan Undang-Udang No. 11 Tahun 2008 Wishnu Kurniawan; Lia Alistantia Wijaya
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This thesis is motivated because prostitution online is very detrimental to the public and the perpetrators must be responsible to his actions. The ability of responsible associated with being a self-perpetrator. Their error element is an essential element that give a responsible for legal subjects.Issues that be discussed in this thesis is how the criminal responsibility for perpetrators of online prostitution in the perspective Undang-Undang No. 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik and the one who should be responsible and charged according to the theory of criminal law sanctions against the crime of prostitution online.Author in this thesis use normative juridical research method so the research looked at the law as a doctrine or a set of normative rules (law in book). Author in this thesis get a data from the study library by reading, studying and citing legislation, books and literature relating to prostitution online.After the completion of the writing of this thesis, the authors came to the conclusion that criminal responsibility lies in the legal subject of each person and the real perpetrator who should be responsible and charged according to the theory of criminal law sanctions against online prostitution are a prostitute and their clients.
Indonesia Investment Rules: Kajian Hukum Pemulihan Dan Pengembangan Ekonomi Nasional Dimasa COVID-19 Ahmad Syaifudin; Elisatin Ernawati
Journal of Judicial Review Vol 22 No 2 (2020)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v22i2.1502

Abstract

Pemulihan dan pengembangan ekonomi nasional dimasa pandemic covid-19 tidak bisa tidak harus menjadi fokus pemerintah, selain program stimulus ekonomi yang dirumuskan dalam Program Pemulihan Ekonomi Nasional yang ditetapkan melalui PP 23 tahun 2020 adalah bagaimana menciptakan iklim investasi yang baik di Indonesia dengan mengeluarkan Undang-undang dan peraturan pelaksana yang memberikan rasa aman dan kemudahan dalam perijinan dalam berinvestasi di Indonesia dengan keluarnya UU No. 11 tahun 2020 tentang Cipta Kerja. Metode dalam penelitian yang dipergunakan adalah Yuridis Normatif. Landasan hukum yang kuat dengan berpedoman pada prinsip-prinsip kedaulatan hukum akan dapat melindungi kepentingan nasional, perumusan peraturan perundang-undangan yang sesuai dengan idealisme konstistusi ekonomi yang tertuang dalam Amandemen IV UUD 1945 harus dijunjung tinggi. Dampak dari dibukanya kesempatan investasi tentunya memiliki 2 (dua) sisi yang berbeda positif dan negatif. Apapun konskwensinya dampak pertumbuhan ekonomi nasional, keterserapan teknologi dan tenaga kerja tentunya akan memunculkan kesejahteraan.
Perbandingan Hukum Hak Cipta Fotografi Tanpa Izin Pencipta di Indonesia dan Amerika Rita Kusmayanti
Journal of Judicial Review Vol 20 No 2 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This research try to find out how to protect the law for the copyright owner of photography based on Indonesian National Law and America and how to solve effort if dispute happen. The type of research used in this study is normative research. A normative study undertaken or demonstrated only on written rules or legal materials. This normative research is often referred to as literature research or document study because it focuses more research on secondary data. This secondary data relates to the analysis of civil law regarding juridical review of legal protection to copyright holders of photography. Based on the results of this study it can be concluded that the government through Article 1 paragraph 1 UUHC. 28 Years 2014 affirms the Copyright Holder is the Creator as the copyright owner, while in UUHC America 1976 Tittle 17, Article 102 which is copyright protection for original authorship includes ideas, procedures, processes, systems, methods of operation, concepts, principles or invention, regardless of the form in which it is described, described, described, or manifested. That pursuant to those articles explains the author is the holder of exclusive rights and photography is a protected work.
Pelaksanaan Jual Beli Tanah Melalui Jasa Perantara (PT. Lobi utama) di Kota Batam Lendrawati Lendrawati; Rina Kusniati
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

It is important to provide a guarantee and assurance to prospective buyers in order to avoid unwanted legal problems and could harm the buyer later after the parties managed to make the process of buying and selling land. If it is in accordance with the wishes and reached an agreement on the price of buying and selling land, it will proceed to the signing of the sale and purchase of land in front of the Notary/PPAT. After the stage of signing the deed of sale and purchase of land is reached and the buyer has paid the price of the sale and purchase of land previously agreed, the intermediary will receive a commission agreed upon with the seller/owner of the land previously as a form of appreciation. This research method is normative law by using secondary data obtained from observation and review of the literature. Processing and analysis of legal materials in the research conducted descriptively. Research result in the conclusion is the implementations of the land purchase through an intermediary (PT. Lobi Utama) in the operations against the sale and purchase of land deemed to have fulfilled all the conditions or rules in force in Indonesia. Intermediate types run by PT. Lobi Utama is kind of an intermediate form of the commissioners, especially the commissioner acting on behalf of the principal (acting on behalf of the seller).
Analisis Yuridis Penetapan Status Tersangka Ditinjau dari Perspektif Hak Asasi Manusia Solina Sances; Eko Nurisman
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The problem of law enforcement in Indonesia require legal form, its about right of suspect raises many disagreement by the legal expert, In principle criminal law (KUHAP) adopted principle equality and presumption of innocence until got the judge’s decision. Based on the research , the researcher got two formulation of the problem, first legal certaintly regarding the deadline of determination of suspect reviewed from human right perspective, second the implementation presumption of innocence human right perception. Purpose of the research for analyze juridical on how legal certainty about limitation of suspect and implementation principle presumption of innocent reviewed from human right perspective. The Stuy used normative juridical research method. Data source is secondary data which obtained from the literature. The data processed andanalysed using qualitative. Classifying the aspect studied and got the conclusion related to this research. The data described descriptively. Based on this research, the result reviewed by researcher into conclusions, its about legal certainty of limits determination of the suspect not related to human right perpective, implementation presumption of innoncence by law enforcer wasnt prioritize human right. Based on this study, the obtained results have been reviewed by researchers that the conclusion that the legal certainty regarding the deadline for determination of the suspect is not in accordance with the human rights perspective, the application of the presumption of innocence by law enforcement is not in accordance with the human rights perspective, because there are no rules regulating exactly how the application of the principle of presumption of innocence so that their legal vacuum.
Penegakan Hukum atas Praktik Illegal Fishing di Indonesia Sebagai Perlindungan Wilayah Perairan Indonesia Muhammad Iqbal Baiquni; Ahsana Nadiyya Nadiyya; Heni Rosida Rosida
Journal of Judicial Review Vol 22 No 1 (2020)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v22i1.794

Abstract

Indonesia is an archipelago with a waters area that is larger than the land area. The vast area of these waters certainly produces abundant marine wealth for Indonesia. Marine wealth is a strategic potential for national economic development. Besides that, Indonesia is often faced with various security problems and law violations in Indonesia's territorial sea. Nowadays there are many cases of foreign vessels carrying out illegal fishing in Indonesian waters. Illegal fishing is an irresponsible fishing activity that has resulted in a drastic decrease in fish stocks. This is a big challenge for Indonesia in maintaining its territorial waters. Indonesia as a subject of international law certainly has the highest authority within its territorial boundaries. Therefore, it is necessary to review illegal fishing cases both from the perspective of international law and Indonesian national law.

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