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Winsherly Tan
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winsherly@uib.ac.id
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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 Terhadap Perusahaan Nasional Dalam Transaksi Bisnis Internasional Tanpa Perjanjian Tertulis Rina Shahriyani Shahrullah; Wagiman Wagiman; Lindasari Novianti
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This research examines the judicial review of the activities of international business transactions without a written agreementcontract, which is conducted by one of the freight forwarding company, PT. Kundur Prima Karya domiciled in Batam. The researchis aimed to analyze and discover problems faced, to analyze the legal protection that can be applied, to provide the best solutions in international business transactions without a written contract.The method used in this research is sociological (empirical), descriptive in the explanation and is aimed to provide, to obtain an overview of the implementation of international business transactions in the field of freight forwarding with clients from Singapore. Data collection is done by collecting evidence from corporate documents.The research results showed some problems and constraints faced by the company with the clients domiciled in Singapore on the difficulties of collecting debts, the debts were not paid, there were no legal powers that could ensnare the clients who caused these matters of receivables, as there was no written agreement contract. The law protection which ought to be obtained, though we refer to the Article 1320 of the Civil Code, and International Private Law, this matteris still unable to be resolved properly, as it can be observed that there was no written agreement contract in the case of business transactions and cooperations made. The law chosen (choice of law) Singapore Laws, and a choice of forum lawsuit was filed in the Court of Singapore where the client concerned resides.
Tinjauan Yuridis Penggunaan Mata Uang Asing sebagai Alat Pembayaran Dalam Transaksi di Wilayah Kedaulatan Negara Kesatuan Republik Indonesia (NKRI) Winsherly Tan; Wahyudi Warianto
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

In Indonesia various efforts were made to preserve the sovereignity of Rupiah as well as improving national and international trust in Rupiah. One of them is the implementation of regulation that obligates the use of Rupiah in all transactions that occur in Republic of Indonesia. However, there are some exception which allows the use of foreign currency in the country to a certain limit. This study is a normative method based on secondary data collected from literatures (library research) and analytic method of qualitative data. This study will discuss the use of foreign currency as a payment medium in the Republic of Indonesia and their consequences as stated in Undang – Undang Nomor 7 Tahun 2011 tentang Mata Uang and its validity as evidence in the court of justice. Based on this study, we observe results from 2 (two) problem formulations. First, the use of foreign currency as payment medium in transactions that occur in the Republic of Indonesia is allowed but only under certain condition and limited based on exception regulation to the use of Rupiah in the Territory of the Republic of Indonesia and the violations of the use of foreign currency by Undang – Undang Nomor 7 Tahun 2011 tentang Mata Uang have legal consequences on criminal sanctions. Second, invoices or documents of transactions using foreign currency when performed based regulations can be evidence, however, if invoices or documents based from illegal agreement or contract that breaking the law accordingly become void from the start.
Pertanggungjawaban Korporasi terhadap Pencemaran Lingkungan Hidup : Studi Pada Pt Horizon Bandar Bahru di Batam Tantimin Tantimin
Journal of Judicial Review Vol 19 No 2 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Development that affects the environment, such as pollution and / or damage to the environment, which has a wide and very dangerous impact on people's lives. Such as Buyat Bay Pollution Case, Lapindo Mud Case in Sidoarjo, Illegal Logging Case Adelin Lis in Medan, Case of Imported Waste from Australia, Mud Waste Import Case from Singapore for reclamation of Pelambung Bay and Nipah Island, and Case of Import of Hazardous and Toxic Waste (B3 ) from the "Leisure World" Shipper in Batam. The purpose of this paper is to find out how the system of corporate responsibility towards environmental pollution in the positive law of Indonesia and how the accountability of PT. Horizon Bandar Bahru against environmental pollution. The method in this writing is Normative Legal Writing Method. Data collection is done through library research by studying legal provisions on matters relating to corporate responsibility to environmental pollution. The data is then drawn and related analyzed descriptively-qualitative. Based on the results of the author's writing that the system of corporate responsibility in environmental pollution can take the form of criminal responsibility, civil liability and administrative accountability. This liability may be requested because the corporation currently in the form of a legal entity (Limited Liability Company / PT) in the business of utilizing the environment conducting business activities that may lead to pollution or / or damage to the environment. Therefore PT Horizon Bandar Bahru, corporation as a legal subject in pollution and / or environmental damage must be responsible.
Penyalahgunaan Wewenang Oleh Aparatur Negara Dalam Pembangunan Gedung DPRD Kota Batam Rina Shahriyani Shahrullah; Asmin Patros; Rional Putra
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

In the background of this thesis the researcher raised about the problem of abuse of authority of Batam City Government officials in the procurement of goods and services Batam City Council Building. In other research problems are discussions about the case of abuse of authority officials in the construction of the Parliament building in Batam. As well as indications of Corruption in Procurement Building Project Batam City Council were not followed up. This type of research conducted by the sociological juridical approach to the analysis of data using qualitative data. Sociological juridical approach aims to describe systematically and accurately about the population or about a particular field as well as trying to describe a situation or event on the reality on the ground against the perpetrators of corruption committed by government officials in Batam. In terms of addressing the corruption problem procurement of goods and services, is actually not a problem that only the responsibility of the government and a group of institutions or certain people, but also an obligation of the community to cope. Patterns of fighting corruption at the community level can be done through monitoring, reporting, dissemination of information and knowledge and other patterns. This effort is actually in the interests of the nation and the State of Indonesia, especially in improving the image and confidence International.
Penerapan Peraturan Daerah Pada Sektor Kelautan Dan Perikanan di Provinsi Kepri Rufinus H. Hutauruk; Ampuan Situmeang; Raja Taufik Zulfikar
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The background of the study was about the problems in the policy and implementation of Riau Islands Province Regional Regulation Number 2 Year 2009 about the long-term plan in the effort to eliminate poverty in naval and fishery potential basis to increase the prosperity of Riau Islands Province people in coastal area specifically and Indonesians generally. The problems discussed in this study were about the obstacles in implementing the naval and fishery sector development and the solution to overcome the problems.The absence of basic infrastructure, the low education level, the geographical conditions of occupied islands all over Riau Islands Province area which were heavily influenced by the climate, and the lack of human resources to execute the programs made it slow to reach the targeted change in implementing the naval and fishery development policy.For the development continuation, it is recommended to Riau Islands Province Local Government along with Riau Islands Province People’s Regional Representative Council to issue a Local Regulation to make naval and fishery development to be the main priority in increasing the prosperity of the people as the maritime economy power basis in NKRI framework as the Foremost Islands Province, increasing the control, coordination, and synergy between sectors with related institute in formulating and implementing the naval and fishery development policy, reexamining the aid receivers, making an agreement with a clear regulation and binding the aid receivers.
Tinjauan Kriminologis terhadap Tindak Pidana Pemerkosaan yang Dilakukan oleh Ayah terhadap Anak Kandung (Studi Kasus Putusan Pengadilan Negeri Batam Nomor: 774/PID.SUS/2017/PN BTM) Eko Nurisman; Samuel Tan
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.v21i2.666

Abstract

This thesis studies the criminological review of rape done by father towards biological children (study case no.774/Pid.sus.2014/PN.BTM) where in this study aims to find out three things, first to find out the factors that cause criminal measures rape acts committed by father against biological children, secondly to find out the application of criminal in decision no.774/Pid.sus/2017/PN.BTM about the rape of biological children, and thirdly to find out the efforts to deal with crime against rape committed by the father of the biological children.This thesis report is prepared using normative research methods while the data is obtained through secondary data. Then the data obtained were analyzed qualitatively so as to reveal the expected results and conclusions of the problem. In this thesis, the researcher finds that the main factor influencing the occurrence of rape of biological children is the opportunity that is obtained by the offender so that he can easily satisfy his lust desires, so that the perpetrator must obtain a criminal that is worthy and as fair as possible with the act that the perpetrator has committed against his child. Not only focused on criminal convictions, there are preventive measures that must be done so that these actions can be reduced even if they do not happen again such as instilling good and educative values ​​to the community and conducting socialization, seminars and counseling to the community.
Efektifitas PERGUB Pembentukan BKSP Provindi Kepri Dalam Menjawab Tantangan MEA 2015 Rina Shahriyani Shahrullah; Lu Sudirman; Lusi Nila Sari
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The deal of ASEAN Economic Community 2015 implementation in labour areas that is marked conservatively skill labouring flow. Concerning with Indonesian labouring interest, at Kepulauan Riau Province being formed by Coordination Board Profession of certification (BKSP) through Governor regulation Number 2 Years 2007 on the fifteenth 02 Marches 2007. Severally constraint which can be inventoriesed performing, for example: Organisational institute, Finance budget, and Organisational management. In order to BKSP'S organization wheels can walk to accord expectation, therefore has to get settles about problem bound up , and has to twine various institute or organization to be asked out collaboration and builds network.
Kewenangan Satuan Petugas Illegal Fishing Dalam Penegakan Hukum Kelautan Dan Perikanan Di Indonesia Pery Rahendra Sucipta; Putri Arfina
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The purpose of this study was to analyze marine and fisheries law enforcement by agencies who are the members of the Unit Officers on Illegal Fishing who have had their respective authorities by the legislation. Analysis of these authorities in terms of legislation of the respective state agencies involved in marine and fisheries law enforcement. Formation of Illegal Fishing Unit is considered to pose authority overlapping with relevant state institutions, thus causing the ineffectiveness of the law enforcement of marine and fisheries.The methodology that used in this study is a normative legal research. The used data is secondary data which is obtained from the literature (library research). After all data are collected, then can be processed and analyzed, the analysis use qualitative point by grouping the studied aspects data. Furthermore, the conclusions are drawn related to this study, then elaborated descriptively.Based on this study, the results are reviewed by researchers from the two (2) formulation of the problem, first regarding the enforcement of maritime affairs and fisheries associated with positive law and second the authority of the Unit Officers on Illegal Fishing, as ruled in Presidential Decree No. 115/2015 about Unit Officers on Eradication of Fishing Illegally.
Penerapan Penyelesaian Sengketa Tata Usaha Negara Melalui Upaya Administrasi: Perbandingan Indonesia, Australia Dan Belanda Syafrijal Latief; Anna Erliyana Chandra
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.v22i2.1497

Abstract

Paradigma penyelesaian sengketa tata usaha negara berubah sejak ditetapkannya Undang-Undang Administrasi Pemerintahan Nomor 30 Tahun 2014, upaya administratif dipilih sebagai jalan keluar untuk menyelesaikan sengketa tata usaha negara. Seluruh kasus yang berkaitan dengan pemerintahan, harus diupayakan secara administratif terlebih dahulu sebelum naik banding dan mengajukan tuntutan ke Pengadilan Tata Usaha Negara. Penerapan upaya administratif ini dapat menekan sengketa tata usaha negara di peradilan tata usaha negara dan menumbuhkan kepercayaan terhadap internal pemerintahan karena dapat menyelesaikan sengketa melalui mekanisme internal. Penelitian ini merupakan penelitian hukum normatif, jenis dan sumber data yang dipakai adalah data sekunder yang terdiri dari bahan hukum primer dan bahan hukum sekunder. Sifat penelitian yang digunakan adalah penelitian deskriptif dengan menggunakan pendekatan undang-undang, pendekatan kasus, pendekatan historis, pendekatan perbandingan, dan pendekatan konseptual. Hasil penelitian menunjukkan pengaruh dari penerapan upaya administratif dalam penyelesaian sengketa tata usaha negara dan membandingkan bagaimana penerapan penyelesaian sengketa tata usaha negara melalui upaya administratif ini di terapkan di negara Australia dan Belanda.
Problematika Pendaftaran Merek Untuk Usaha Mikro, Kecil dan Menengah di Kota Batam F.Yudhi Priyo Amboro
Journal of Judicial Review Vol 21 No 1 (2019)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The growth of Micro, Small, and Medium Enterprises (MSMEs) in Batam City is quite significant every year, but it is not directly proportional to the awareness of MSME owners to register their brand. This study is purposed to reveal the problems that occur in brand registration for MSMEs in Batam City, and then giving a solution to solve the problematic deadlock that arises. This research is empirical juridical research. The author got research data, both primary and secondary, then processed them with a qualitative approach that was supported by deductive thinking. The results of this study are able to reveal the problem of brand registration for MSMEs in Batam City which become an obstacle, namely difficult to access the brand registration information, differences in brand registration information, there are not many brand registration officers, and problems regarding understanding to the need for MSME permits. The solution to these problems can be solved not only by the government but also by other parties involved, especially those who have the potential to disseminate the information concerning the registration of brands and MSMEs.

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