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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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Reliabilitas Lembaga Jaminan Fidusia dalam Sistem Hukum Jaminan Indonesia Alfis Setyawan; Agustianto Agustianto; Windi Afdal
Journal of Judicial Review Vol 20 No 2 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This study aims to: 1) review the reliability of the institution, fiduciary can access the creditor to pay the settlement of obligations from the debtor; 2) to find out the form of law (legal adjusment) that can be done in practices that cannot be overcome or have been minimized the contractor. The research was conducted using empirical legal research methods. In this empirical legal study, research is carried out by collecting primary data as secondary data supporting material. Primary data is obtained through structured and in-depth interviews with informants. Secondary data is obtained by reviewing the literature (library research) from primary, secondary and tertiary legal materials. Based on field studies and literature, primary data and secondary data are then processed and analyzed descriptively-analytically. Described descriptive data analysis techniques to provide an explanation of how to apply fiduciary institutions in Batam City. Meanwhile this research is also analytical because in the end it will question again how the relationship between legal principles that exist in the law can work in its social container. This study is expected to provide an explanation of the reliability of fiduciary institutions in Batam City. Reliability will be adjusted to the provisions that can be used with the fiduciary guarantee binding certificate and the quality of the fiduciary IS itself by using objects that can be used as creditors as an instrument for repayment of obligations. It is worth offering to find gaps hidden in the room that the creditor will do several things in preparing the binding of fiduciary guarantees. Based on this knowledge can be used and recommended with the legal policy in Indonesia.
Kajian Hukum Usaha Batik Gonggong Sebagai Seragam Pegawai Negeri Sipil Kota Tanjungpinang M Endy Febri
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Tanjungpinang local government issued Tanjungpinang Mayor Decree Number 37 Year 2010 about the Official Uniform for Civil Servants and Non Civil Servants at Tanjungpinang Government Circle. That decree stated that Batik Gonggong was one of the official uniforms that must be used. With the decree which caused the economical rights, all the entrepreneurs should get the opportunity to compete without any discrimination. It was concluded that public participation was needed to conduct a study in determining a batik motive as the special characteristic of a place before it was determined as a law of the local government. It could be socialization or an open competition for the society or the related entrepreneurs, because that activity could cause an economical consequence for the public. Tanjungpinang local government should give a transparency guarantee and the same rights of access about business information for every micro, small and middle entrepreneur.
Pembukaan Rahasia Bank Oleh Pusat Pelaporan Dan Analisis Transaksi Keuangan Sebagai Upaya Pemberantasan Tindak Pidana Pencucian Uang Siti Nurjanah; Andry Andry
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Along with the times growing, it is necessary for a specific law to regulate and supervise economic activity in a country, especially in the banking sector which providing bank services. It is known that the bank is an institution that upholds the trust of customers on financial secrecy customers are categorized as bank secrecy so as to make the bank a target to commit criminal acts of money laundering. For the sake of prevention and eradication of money laundering, the government issued Law No. 8 of 2010 on the Prevention and Combating Money Laundering and forming institutions Analysis of Financial Transactions Reporting Center has the authority to require the reporting of customer transactions is strictly confidential.This study is a normative legal research using normative juridical. Data used in the form of secondary data. Data mining is done with literature (library research) and interview. Once all the data is collected, the data is then processed and analyzed, the qualitative analysis was used to group the data point to the aspects studied. Furthermore, the conclusions drawn related to this research, then elaborated descriptivelyBased on this study showed that in dealing with money laundering INTRAC play an important role by conducting an investigation of the transaction reports from banks and do reports on analysis results which indicate laundering to the authorities to deal with such offenses.
Tinjauan Yuridis Penerapan Notifikasi Akuisisi Sebagai Upaya Pencegahan Persaingan Usaha Tidak Sehat Florianus Yudhi Priyo Amboro; Hermanto Hermanto
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The main goal of the notification of acquisition is as prevention effort of unfair business competition practice. This research was conducted to analyze implementation of notification on acquisition as an effort to prevention, analyzes role of Komisi Pengawas Persaingan Usaha to assess and analyzes notification assessment standards was done with notification on acquisition. Case approach that used for this research is acquisition Axis by XL Axiata and acquisition Lafarge by Holcim. Research methodology used is juridical normative. Research normative juridical use of law primary, secondary and tertiary and using data primary. To obtain the data used method of literature study and interview. But the approach used in this research is the approach cases and statute approach. Based on the results of research that has been done so in reality the implementation of the notification is an effort to prevent monopolistic practices and unfair business competition. But the implementation of the acquisition notification is not currently reflecting the efforts to prevent, this can be seen from opinion of Komisi Pengawas Persaingan Usaha related acquisition Axis by XL and acquisitions Lafarge by Holcim. A technical an appraisal that stipulated in the Peraturan Komisi Pengawas Persaingan Usaha Nomor 3 Tahun 2012 has not given the head of house of the efforts to prevent.
Penerapan Tanggung Jawab Sosial Perusahaan pada Perusahaan dibidang Pertambangan di Kabupaten Karimun Elza Syarief; Asmin Patros; Naomi Hani Romauli Simanungkalit
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Any company run their business activities in the filed and related to the natural resoucers filed is required to conduct the environmental and social responsibility. Particulary the Natural resoucers explotations done by mining companies often causing the environment degradation and by not giving any attention to the social aspects at the surrounding of the company. This research is using the Law of Social Research Methods.Result and discussion. Social responsibility and environmenttal implementation will be applied properly if the government and the social and environmental responsibility program are done in synergies, and the funds can be an alternative for financing the program in support of the non budgeting financing. The conclusion is, government regulation no 47 year 2012 has been implemented in Kabupaten Karimun by using the concept of community development. Suggestion is to done the revision for the government regulation no 47 year 2012 to regulate and reinformce the provisions on the sanctions, establish regulations applicable in general, and to form the local government regulation or PERDA governing the social and environmental responsibility that suit to local needs at Kabupaten Karimun.
Analisis Yuridis Terhadap Sanksi Tindak Pidana Korupsi Di Indonesia Dan Singapura Siti Nurjanah; Hebrina Antika
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Corruption is derived from the word corruptio or corruptus. Corruption always get more attention than the other crimes in various parts of the world. Indonesian regulations governing the eradication of corruption regulated in Law Number 20 Year 2001 on Corruption. Singapore is one of the countries close to Indonesia. Corruption in Singapore are set in the Prevention of Corruption Act.The purpose of this study was to analyze the criminal sanctions against acts of corruption in Indonesia and Singapore in the review of Law No. 20 of 2001 and the Prevention of Corruption Act.This research was based on normative law and using comparative law on the appication. The data that had been used was primary data and secondary data, those data then will be proceed and been analyzed, qualitative analysis will be used on the data grouping suitabling with the aspect that will be research. Then, the conclusion that related to this studies wil be explained descriptively.Based on the results of the study, it was found that Law No. 20 of 2001 has not been effective in providing criminal sanctions against acts of corruption in Indonesia. It is marked with are still many cases of corruption in Indonesia. While in Singapore, the rules governing the eradication of corruption is considered effective. There are some similarities between the two regulations is that both have set about eradicating corruption. The difference is the agency against corruption in Indonesia is still in control by keeping the parties.
Efektivitas Ombudsman Provinsi Kepulauan Riau sebagai Lembaga Pengawas Pelayanan Publik di Batam Emillia Dwi Setiawati Sianipar
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.v21i2.673

Abstract

The presence of the Ombudsman of the Republic of Indonesia is expected to be able to oversee the delivery of public services for the realization of an effective and efficient, honest, clean, open state administration and free from corruption, collusion and nepotism. However, has the supervision of the Ombudsman of the Republic of Indonesia in particular in Batam been effective? The purpose of this study is to analyze the problem factors and provide solutions to overcome the problems of the Ombudsman of the Republic of Indonesia Representative of the Riau Islands Province in completing reports and efforts to prevent maladministration in Batam City. By using the Law Effectiveness Theory by Soerjono Soekanto and Empirical Legal Research Methods through observations, interviews and questionnaires as the main data source and literature study as supporting data sources, the research results are obtained that the supervision of the Ombudsman of the Republic of Indonesia Representative of the Riau Islands Province in Batam City has not been effective . Problem factors of the Ombudsman of the Republic of Indonesia Representatives of the Riau Islands Province in overseeing public services in Batam City, namely: lack of human resources, lack of budget, lack of report identification, legal uncertainty, lack of support for public service providers, lack of coordination and cooperation between the Ombudsman and public service providers and lack of public awareness. Based on these problems, the researcher's suggestion as a recommendation is that the duties and functions of the Ombudsman run more effectively in accordance with the mandate of the Law, namely: by revising UUORI and implementing regulations for legal certainty, adding to the budget of the Indonesian Ombudsman Representative of the Riau Islands Province, Improving Quality RI Ombudsman HR Representatives of the Riau Islands Province, held cooperation with public service providers, and actively held socialization to the community.
Perlindungan Hukum Terhadap Korban Tindak Pidana Kdrt Di Indonesia Dan India Rina Shahriyani Shahrullah; Merlinda Merlinda
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Domestic violence is a criminal act where there is abuse of power or authority of a man against the woman who not only causes physical injuries, but also mentally and psychologically. The purpose of this study was to describe how domestic violence that occurred in Indonesia and India with sticking in the implementation of the CEDAW.This research uses normative research and then comparative method. Secondary data is collected using the library research. As all datas are collected, those datas are then being processed and analyzed qualitatively which means to group data and compile systematically. Further conclusions drawn related to this study, then decribed descriptively.Based on this research, it obtained information that the ratification of CEDAW both in Indonesia and India, the two countries have good aim to make the handling and protection of all victims of domestic violence in their respective countries. But in this study, it was found that the treatment and legal protection of victims of domestic violence in Indonesia is better than India. Therefore, the study recommends that treatment and legal protection of victims of domestic violence India should adopt the strength of handling and legal protection of victims of domestic violence in Indonesia.
Lokal Dalam Menciptakan Perlindungan Dan Pengelolaan Bagi Lingkungan Hidup Yudhi Priyo Amboro
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The local wisdom become an issue since Act No. 32 Year 2009 introduced the local wisdom as a part of principle for public policy on environment. Some questions appear when local government wanted to issue public policy related with the environment and make a connection to the local wisdom. It is still questionable concerning what the local wisdom is. This writing tries to pierce those questions in a perspective of legal theology, with a legal research method.
Penanganan Kasus Kemanusiaan Melalui Lembaga Peradilan International Criminal Court : Perbudakan Seksual Terhadap Perempuan Etnis Yazidi Oleh ISIS Candra Ulfatun Nisa; Asiyah Jamilah; Kartika Sasi Wahyuningrum
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.v22i2.1495

Abstract

Salah satu wujud kasus kejahatan kemanusiaan (crimes against humanity) yang menuai banyak perhatian masyarakat internasional adalah berupa kejahatan perbudakan seksual terhadap perempuan etnis Yazidi yang dilakukan oleh Islamic State of Iraq and Syiria (ISIS). Penelitian ini difokuskan pada peran International Criminal Court (ICC) dalam menangani masalah kejahatan kemanusiaan dalam kasus perbudakan seksual terhadap perempuan etnis Yazidi oleh ISIS. Metode penelitian yang digunakan adalah metode penelitian hukum normatif. Hasil penelitian ini adalah bahwa ICC tetap dapat mempunyai yurisdiksi dalam mengadili dan menghukum kelompok ISIS, dengan berdasarkan adanya rujukan atau rekomendasi dari Dewan Keamanan PBB. Namun, Dewan Keamanan PBB belum mengusulkan rekomendasi terhadap pihak Penuntut Umum ICC, sehingga belum ada penyelidikan terkait pelanggaran HAM berat yang dilakukan kelompok ISIS.

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