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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 298 Documents
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Comparison of Judges' Considerations in Land Dispute Settlement with the Same Case in Ensuring Legal Certainty Chandra Simbolon; Lu Sudirman; Triana Dewi Seroja
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12208

Abstract

Land disputes constitute a significant issue in the relationship between the public and the government, particularly when administrative decisions affect land rights. This study examines a comparative analysis of judicial reasoning in two decisions of the Tanjung Pinang Administrative Court (PTUN) involving identical factual backgrounds, namely Decision No. 3/G/2024/PTUN.TPI and Decision No. 4/G/2024/PTUN.TPI. The study highlights the dynamics of judicial decisions across three levels of adjudication, namely the court of first instance, appellate review, and cassation, with the aim of assessing the consistency in the application of the principle of legal certainty. The findings reveal that although both cases involve similar objects and parties, the Supreme Court issued contradictory cassation rulings. This inconsistency gives rise to legal uncertainty and has the potential to undermine public trust in the judicial system. Employing a normative juridical approach combined with a case study method, this article emphasizes the importance of harmonizing legal interpretation and ensuring equal treatment in the resolution of land disputes in order to uphold justice and sustainable legal certainty.
Legal Protection for Banking Customers Against Personal Data Breaches in Open Banking Services in Indonesia Aliyah Pratiwi Hatta; Subekti Subekti; Muhamad Yustina Ariwibawa; Vallencia Nandya Paramitha
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12312

Abstract

The expansion of open banking services improves digital financial connectivity while increasing the risk of personal data breaches across banks, payment service providers, and collaborating entities. This study analyzes the legal protection available to banking customers in Indonesia and formulates an accountability model for incidents involving multiple actors. It employs normative legal research with doctrinal, statutory, conceptual, and analytical approaches. Primary and secondary legal materials were collected through document study and examined qualitatively through legal interpretation, norm synchronization, and prescriptive analysis. The findings show that Indonesia has established preventive safeguards through personal data protection law, financial consumer protection rules, electronic system governance, cybersecurity standards, and the National Standard for Open Application Programming Interface Payments. However, responsibilities remain distributed across regulatory regimes, creating uncertainty after a breach. This study proposes an integrated accountability and redress model based on functional role classification, limited data access, partner supervision, coordinated notification, a single-entry complaint mechanism, evidence preservation, and proportionate remediation. The study recommends a coordinated protocol involving Bank Indonesia, the Financial Services Authority, and the personal data protection supervisory institution. Future research should evaluate its implementation within banking institutions and digital payment ecosystems. It also identifies priorities for cross-border processing and customer-facing consent management.
Law Enforcement Against Perpetrators of Violence Sexual Against Children in the Decision Number 100/Pid.Sus/2025/PN.Sgr Nabila Budiman; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.11417

Abstract

Sexual violence against children constitutes a serious violation of human rights, with far-reaching consequences in physical, psychological, social, and moral dimensions. In cases involving sexual violence against children, law enforcement should ideally not only emphasize the punishment of perpetrators but also prioritize victim recovery and preventive measures to ensure that similar crimes do not recur.  The findings of this study indicate that, first, law enforcement in Decision Number 100/Pid.Sus/2025/PN.Sgr has not yet demonstrated concrete measures to ensure the psychological recovery of the victim. In essence, victim recovery is an inseparable element of substantive justice. From the perspective of progressive law, judges should not merely act as the “mouthpiece of the law,” but should also serve as active agents in realizing social justice within society. Although the decision reflects the principle of legal certainty, the dimensions of substantive justice and humanitarian values still need to be strengthened so that law enforcement against perpetrators of sexual violence against children can genuinely side with the victims. Second, Law Number 35 of 2014 explicitly mandates the state to protect children from all forms of violence, exploitation, and discrimination. Within this framework, the principle of the best interests of the child must serve as the primary consideration in every legal policy and court decision. However, in the Singaraja District Court Decision, this principle has not been fully implemented, as the judgment does not include an order for the victim’s psychological recovery. The absence of provisions concerning victim rehabilitation and the restoration of the victim’s rights indicates that the aspect of child protection has not been optimally accommodated. Therefore, strengthening the implementation of a restorative justice approach within the national legal system is necessary to ensure that substantive justice can be realized for child victims of sexual violence.
Gender Bias in the Draft Bill on Customary Law Communities: A Reconstruction Based on Substantive Justice for Indigenous Women Adventi Ferawati Sembiring; Ani Purwanti; Sukirno Sukirno
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12151

Abstract

The Draft Law on Customary Law Communities is a legal instrument aimed at strengthening the recognition and protection of indigenous communities in Indonesia. However, the normative framework of this draft law remains dominated by an approach of formal neutrality and the recognition of collective rights, which risks overlooking gender-based power relations within indigenous communities. This research specifically aims to identify and analyse gender bias in the Draft Law on Customary Law Communities, particularly where it potentially overlooks the rights, participation, and protection of indigenous women within the structure of indigenous communities as well as in state policy, to explain the causes of gender bias, and to formulate a legal reconstruction oriented towards substantive justice for indigenous women, so that the recognition and protection of indigenous communities is no longer merely superficially neutral, but is truly responsive to the experiences and vulnerabilities of indigenous women. This research employs a non-doctrinal legal method, utilising the Feminist Legal Method approach and the Critical Theory paradigm. The analysis was conducted by identifying provisions in the Draft Law on Customary Law Communities that reflect gender bias, using the framework of the Feminist Legal Method and intersectionality. The research findings indicate that gender bias in the Draft Bill on Indigenous Legal Communities is structural in nature, reflected in three main aspects: the dominance of collective rights that obscures internal power relations; the neglect of the historical dimension of injustice in the practice of living law; and the assumption of homogeneity within indigenous communities that erases the experiences of indigenous women. Furthermore, the formal neutrality approach in the Draft Bill on Customary Law Communities has proven incapable of guaranteeing substantive justice, as it actually risks legitimising discriminatory practices. Through a comparative analysis of the Philippines (an institutional model via the IPRA 1997 and the NCIP), Bolivia (the 2009 plurinational constitutional model combined with Law 348/2013 on violence against women), and South Africa (judicial model through the rulings in Bhe v. Magistrate Khayelitsha 2004 and Shilubana v. Nwamitwa 2008), this study finds that the integration of a gender perspective requires a multi-level approach involving institutional, constitutional, and judicial dimensions. The novelty of this research lies in the development of a legal reconstruction framework based on substantive justice that positions indigenous women as active legal subjects within both customary and national legal systems.
Benefit Sharing as a Legal Protection Mechanism for Traditional Cultural Expressions: A Comparative Study of Indonesia and Malaysia under International Law Susanti Susanti; Hari Sutra Disemadi; Elza Syarief
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12412

Abstract

This study examines the benefit-sharing mechanism as an instrument for the protection of Traditional Cultural Expressions (TCEs) from the perspective of international law through a comparative analysis between Indonesia and Malaysia. TCEs constitute part of intangible cultural heritage that embodies economic, social, spiritual, and collective identity values of indigenous communities, yet they remain vulnerable to exploitation and misappropriation without fair distribution of benefits to their rightful custodians. This research aims to analyze the regulation of benefit sharing concerning TCEs in Indonesia and Malaysia, assess its conformity with principles of international law, and formulate an ideal regulatory model for TCE protection. The study employs normative legal research using statutory, conceptual, and comparative approaches. The legal materials consist of international instruments such as the Convention on Biological Diversity (CBD), the Nagoya Protocol, UNDRIP, and WIPO-IGC documents, as well as national regulations of Indonesia and Malaysia concerning cultural protection and communal intellectual property rights. The findings indicate that both Indonesia and Malaysia have provided normative recognition of TCEs; however, benefit-sharing arrangements remain partial and lack operational mechanisms. Indonesia emphasizes cultural preservation and recognition of indigenous communities, while Malaysia adopts a more pragmatic approach through specific regulatory initiatives and cultural commercialization. Nevertheless, both countries have not fully implemented the principles of Access and Benefit Sharing (ABS) and Free, Prior and Informed Consent (FPIC) as developed under international law. This study proposes a responsive law-based benefit-sharing model that positions indigenous communities as the primary legal subjects through meaningful participation, recognition of collective rights, transparency, and equitable and sustainable distribution of benefits.
Between Efficiency and Participation: A Democratic Review of Village Head Candidacy Limits in Bangkalan Regency Agus Supriyo; Samsul Arifin; Achmad Hariri; 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.
Colonial Legacy and Gender Inequality in Marital Property Law: A Critical Analysis of Article 119 of the Indonesian Civil Code Roni Dianto; Trinas Dwi Hariyana; David Novan Styawan
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.v27i2.11921

Abstract

This article critically examines the legal protection of a wife’s separate property within Indonesia’s national legal system, focusing on the normative conflict between Article 119 of the Indonesian Civil Code (Burgerlijk Wetboek) and Article 35 of Law Number 1 of 1974 on Marriage. The core legal issue addressed is whether the automatic community of property regime established by Article 119, which absorbs all assets into joint marital property in the absence of a prenuptial agreement, remains compatible with constitutional principles of gender equality, legal certainty, and substantive justice. The objective of this study is to evaluate the continuing relevance of Article 119, assess its practical impact on the economic rights of wives, and formulate a juridically sound reformulation that aligns civil law with constitutional and human rights standards. This research employs a normative juridical method, utilizing statutory, conceptual, jurisprudential, and comparative approaches. Primary legal materials include the Civil Code, the Marriage Law, the 1945 Constitution, and selected Supreme Court decisions, while secondary materials consist of legal doctrine and international scholarly studies on matrimonial property regimes. The findings demonstrate that Article 119 of the Civil Code is no longer consistent with Indonesia’s constitutional commitment to gender equality and legal protection, as it allows a wife’s separate property to be absorbed into joint marital assets and exposed to division, inheritance claims, or creditors’ rights. In contrast, Article 35 of the Marriage Law affirms the autonomy of each spouse over separate property and reflects a more equitable legal paradigm. Judicial practice, however, still shows normative dualism, generating legal uncertainty and structural vulnerability for wives. The study further finds that progressive jurisprudence has begun to recognize separate property rights, but these developments remain fragmented without legislative reform. This study is significant because it provides a comprehensive normative and constitutional justification for reformulating Article 119 of the Civil Code, proposing a shift from an automatic community of property regime to a model based on individual property autonomy and mutual consent. By integrating constitutional principles, gender justice, and comparative family law, this research contributes to the development of a more coherent, equitable, and modern Indonesian civil law system that effectively protects the economic rights of wives within marriage.
Lien Rights: The Invisible Pillar Urgently Needed in Indonesia’s Construction Security System Regulation Gianina Elizabeth Adiwinata; Yohanes Sogar Simamora; Faizal Kurniawan; Patricia Anais Aristyawan; Xavier Nugraha
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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