cover
Contact Name
Winsherly Tan
Contact Email
winsherly@uib.ac.id
Phone
+6281277621673
Journal Mail Official
winsherly@uib.ac.id
Editorial Address
Faculty of Law, Universitas Internasional Batam, Jl. Gajah Mada, Baloi - Sei Ladi, Batam, Indonesia, 29442
Location
Kota batam,
Kepulauan riau
INDONESIA
Journal of Judicial Review
ISSN : 19076479     EISSN : 27745414     DOI : http://dx.doi.org/10.37253/jjr.v22i2
Core Subject : Social,
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
TANGGUNG JAWAB KEPERDATAAN RUMAH SAKIT TERHADAP TINDAKAN DOKTER YANG DILAKUKAN DI BAWAH STANDAR PELAYANAN KEDOKTERAN DI KOTA BATAM Aldo B.Wira Hatta; Alfis Setyawan
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The scientific research that the author did, aims to analyze how the legal relationship between doctors and hospitals in carrying out medical practices and the responsibility of the Civil Hospital for the actions of Doctors who practice under the Medical Service Standards. The research methodology that author use is the type of normative and empirical legal research, as the author uses the primary data that the author gets through interviews with several hospitals in Batam City and several doctors and secondary data obtained from library references. The results of the research that I have obtained from the interview method and literature study regarding the legal relationship that exists between the Hospital and the Doctor can be a work relationship or partnership relationship. Against these health services, it is not uncommon to find obstacles faced by hospitals and doctors, especially those operating in the city of Batam. The obstacle is in the form of a claim for compensation suffered by the patient for the action of the Doctor in providing services to patients under the standard of medical services. Against the civil lawsuit filed by the patient raises civil responsibility for the doctor who can also involve the Hospital to take responsibility for the doctor's actions based on Article 1367 of the Civil Code as well as Article 46 of Law Number 44 of 2009 concerning Hospitals, related to the legal responsibility of the hospital for losses incurred for negligence carried out by health workers at the Hospital. Thus a medical dispute arose which doctors had to face as well as the Hospital
Analisa Yuridis Klaim Asuransi Jiwa Secara Ex Gratia Berdasarkan Hukum Asuransi Indonesia Lendrawati Lendrawati; Kelvin Junnatan
Journal of Judicial Review Vol 19 No 2 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Credit life insurance serves as protection against loan customers, which when credit customers die, the ongoing credit will be paid by the credit life insurance is based on the claim from the heirs of the customer or the bank. Sometimes there are some credit life insurance claims submission rejected by insurers, that will cause problems for the various parties, such as the Bank, that the credit has not been paid off and also the Insured's heirs still have to pay the credit in the bank. The purpose of this research is to seek how the Indonesian insurance law protect the participant which enggage by the insurance police. This research also conducted to anlyze the legal compliance has been applied by PT. Asuransi Himalaya Pelindung. This research is using the normative juridical method of analyzing the laws of Indonesia and Singapore. Sources of data used are in forms of primary legal materials, secondary legal materials and tertiary legal materials. Data collection technique is done through the method of literature study (library research). After all of the data are collected, the data are processed and analyzed. The qualitative analysis is used with the intentions to classify aspects of data studied. Furthermore, it is then concluded that the research associated with this is then described descriptively. Based on this recearch are found that:First, the parties of insurance police are protected based on the their underlying contract.The clause of ex gratia is barely to find in polis agreement, so as long as did’not opposite with their primary contract, ex gratia claim is possible for the grant.
Analisis Penerapan Hukum Dan Pertanggungjawaban Pidana Illegal Fishing Dalam Putusan No.107/PID.B/2009/PN.TPI.RNI Eko Nurisman; Rahmi Ayunda
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Lies in the strategic area made Riau Islands province became an attractive destination for foreign vessel to do illegal fishing. Riau Island Province especially Natuna rank at the first place in Indonesia as the region which has the fishes being stolen the most. This thesis is the result of research on how the application of the law and the criminal liability toward the doer of illegal fishing according to Tanjung Pinang’s fisheries court decision number 107/Pid.B/2009/PN.TPI.RNI. Type of this thesis is normative legal research, the data that used is in the form of secondary data, which consist of both primary and secondary legal materials. The author collecting the data by doing library research and interview. Once all the data is collected, the data is then processed and analyzed. The qualitative method was used to group the data point by the studied aspects. Further conclusions drawn related to this study, then described descriptively. From this research the author can conclude that Tanjung Pinang’s fisheries court judges in performing the application of the law for those involved in illegal fishing is still not quite right. There is a verse that should be charged to the defendant but not enforced, while for terms of criminal liability can be concluded that upon the defendant can held to be responsible, it is based on the elements of criminal responsibility that has fulfilled. with this fulfillment have consequences the defendant should be declared guilty and have to be responsible for his actions to undergo criminal penalties.
Analisis Yuridis Kejahatan Pembalakan Liar Di Kota Batam berdasarkan Undang-Undang Nomor 18 Tahun 2013 tentang Pencegahan dan Pemberantasan Pengrusakan Hutan Victor Marsongkhoe; Tantimin Tantimin
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.v22i1.824

Abstract

Forests are one of the oxygen-producers on Earth and a place to live various types of plants and animals. The existence of forests on Earth is very important since its absence will have fatal consequences for all life. One of the effects due to the reduction in the number of forests is global warming, flooding, landslides, reduced supply of oxygen, landslides, and so forth. The city of Batam has experienced a reduction in the number of forested areas each year due to various factors, one of which is the emergence of illegal logging crimes in Batam City. This study uses a qualitative Empirical research method by conducting interviews and collecting data from resource persons.The survei method is done by distributing questionnaires as supporting data. Respondents sampeld were Batam University Students, and Batam City Communities. Data testing is done by correlating the results of interviews received with data obtained, which is then correlated with legal theory that aims to draw conclusions about the effectiveness ofUndang-Undang Nomor 18 Tahun 2013 in Batam City. The results of this study provide information on the effectiveness of Undang-Undang Nomor 18 Tahun 2013 in Batam City and provide information on the factors that cause the emergence of illegal logging crimes and obstacles that law enforcement might face in dealing with them. This information is expected to help law enforcement regarding crime of illegal logging in the city of Batam.
Juridical Review Act no. 36 year 2009 about Health Related in Preventing the Spread of HIV/AIDS in Batam City Tiffany Tiffany
Journal of Judicial Review Vol 20 No 2 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The main goal to be achieved through this undergraduate final project research is to determine the level of health prosperity or welfare in the city of Batam related HIV/AIDS disease which must be one part of the implementation of Indonesia's national development. In an effort to advance the general welfare, health aspect is one of main aspect of implementation which become the main focus in national development effort. This research was conducted based on normative and empirical research with Non-Judicial Case Study. Data source used is primary data source and secondary data source. Data were collected by field study and literature study. After the data is collected, the Author processes and analyzes the data. Qualitative analysis is used to classify data based on the aspects studied. The conclusions illustrated relate to this study, then presented by the author descriptively. At the end of this study, after providing data related HIV / AIDS in Batam City. Of course, the author will explain the importance of making the Regional Regulations to increase legal awareness that can be a reference act in handling and tackling HIV / AIDS in the city of Batam.
Penyelesaian Hukum Atas Penerbitan Sertipikat yang Cacad Hukum Administratif di Kota Batam Lu Sudirman; Tony Tony
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Government Regulation (PP) No. 24 of 1997 on Land Registration, retained the purpose of convening the registration of land as essentially been defined in Article 19 of the BAL, namely that land registration is the task of government was held in order to guarantee legal certainty in the land sector. The problem in this research is how the legal settlement of the issuance of certificates of land rights faulty administrative law in Batam city land office? and How is legal protection for land rights certificate holders who have disabilities administrative law ?. The research method in this paper is a normative legal research methods. Results of this study that the legal settlement of the issuance of certificates of land rights faulty administrative law in the land office of Batam city is Cancellation of Land Rights. Cancellation of land rights as stipulated in Article 106 paragraph (1) of the Regulation of the Minister of Agrarian / Head of National Land Agency 9 1999 on Procedures for Granting and Cancellation Rights and the State Land Management Rights. Legal protection for holders of certificates of land rights who have disabilities administrative law that in case of issuance of certificate of land rights who have disabilities law administrative, then one can take effort cancellation of land rights before it goes to court, if the person feels the publication no disability law administrative. Based on this, the researchers concluded that the cancellation of the certificate of land rights is the impact of the system of negative publicity.
Akibat Hukum Bagi Bank Terhadap Perjanjian Kredit Tanpa Persetujuan Dari Pasangan Debitur Wishnu Kurniawan; Adilia Monica
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Under the Statistik Perbankan Indonesia Volume 13 No. 4, Period March 2015, published by the OJK showed that the number of banks and bank offices increased from year to year. Therefore, to increase the number of banks and bank offices can lead to increase competition of banking services and increase lending to the public. Nowadays, more and more types of banking products, primarily for credit products. In addition, one of the convenience provided that the credit agreement without the consent husband / wife debtor. The formulation of the problem in this research is a credit agreement without the consent of the husband/ wife of the debtor in accordance with statutory provisions and legal consequences for the banks as lenders to the credit agreement.This study is a normative legal research using secondary data with legal materials of primary legal materials, secondary, and tertiary as well as the method of data analysis is qualitative research and qualitative descriptive study.Based on this study, the result that associated with the credit agreement without the consent of the husband / wife debtor, then to the credit agreement will still have binding legal force. However, not all material collateral agreements still have binding legal force even without the consent of the husband / wife of the debtor, because the property needs to be seen in advance of what was pledged to the bank as collateral on the debt of the debtor material.
Perlindungan Hukum Hak Asasi Pelaku Terorisme sebagai Bentuk Penerapan Hukum yang Berkepastian dan Berkeadilan Fikry Latukau
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.v22i1.699

Abstract

In law enforcement certainly do not forget about some of the objectives of the law itself namely Legal Certainty, justice and expediency. Of course, in its implementation, one of the three should not be ruled out, meaning that the three objectives of the law must be considered. One form of State protection for its citizens is by using statutory regulations to limit behavior citizens in doing or not doing something, in this article will be studied in depth about the rights of perpetrators of terrorism in law enforcement in Indonesia associated with several conventions and declarations. this research is normative or library research.
Tinjauan Yuridis terhadap Kompetensi Hakim Praperadilan dalam Membatalkan Status Tersangka Tindak Pidana Korupsi Eko Nurisman; Lisbet Purba
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study was to analyze the juridical basis of the competence of the Pre Trial judge in cancelling suspect status and the legal basis in cancelling suspect status. Especially in this study case of the court case Number 97/Pid.Prap/2017/PN.Jkt.sel, pretrial filed by Setya Novanto. This study is reviewed from the relevant legislation, Regulation Number 8/1981 about Criminal Procedure Code (KUHAP). In this research, the metedology that used is law juridical normative research. The data was used by secondary data obtained from literature studies (library research). And then, after data was collected completely then it will be processed and analyzed, the analysis was used qualitative method, it means by using collecting data on the aspects studied. Further, the conclusion is related to this research, then described descriptively. Based on this research, the result obtained by the researcher from 2 (two) formulation of the problem, concerning of the Competence of Judge in Canceling Suspect Status of Setya Novanto and Judge Consideration Base in Canceling Suspect Status of Setya Novanto based on Decision No.97/Pid.Prap/2017/PN.Jkt.Sel., that the judge does not have the authority or competence to cancel the status of person’s suspect because it is not regulated in the law and also contradictory to Article 77 KUHAP. The judge in pretrial Cepi Iskandar by giving the decision has exceeded his duties and authority that had been regulated in KUHAP.
Perlindungan Hukum Bagi Pasangan Yang Melakukan Perkawinan Beda Agama Di Indonesia Lu Sudirman; Jendy Herlinda Karwur
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Basically marriage is a human right, but in virtually every human activity continue to be governed by the Act, as well as marriage. In the perspective of human rights, establish a family through marriage is the prerogative of the candidate husband and wife who are already adults. The state's obligation is to protect, record and issue a marriage certificate. But unfortunately, the reality is not sufficiently recognized by the state, even the Law No. 1 Year 1974 on Marriage and KHI no place for interfaith marriage. Clearly then the Law No. 1 of 1974 on Marriage should be revised again. Interfaith marriage are still carried out will have an impact in the future, such as the impact of the marriage's children, children who were born just to have a relationship with his mother alone. Interfaith marriage is not pekawinan mix in terms of our national laws because of mixed marriages under the Act referred to marriage as a marriage that occurred between citizen with foreigners.Methodology used in this research is normative juridical law. The data used in this research is secondary data obtained from the literature (library research) and field research (field research) that is, by interview with the speaker, Mr Cahyono, SH., MH Judges Batam, Mr. Jamaris Head .Dinas population and civil registries, Mr. Badrianus, SH., MH located in the city of Batam Religious Court, and Mr H.Hamizar, M.Sy as head KUA (Office of Religious Affairs) in Batam. Once all the data is collected, then processed and analyzed to find legal issues become the object of study and conclude, then described descriptively.These results indicate that one way in which the interfaith couples is by way of submission to one religion, where one of the parties to follow the religion of his or her spouse. Which is then recorded in accordance with their religious beliefs, to Islam at the Office of Religious Affairs and to the non-Muslims in the Civil Registry Office where the dilangsung her marriage.

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