Journal of Judicial Review
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.
Articles
268 Documents
<![CDATA[Analisa Yuridis Efektivitas Perlindungan Investor dalam Transaksi Repurchase Agreement (Repo) di Indonesia ]]>
<![CDATA[Yudhi Priyo Amboro]]>;
<![CDATA[Yuly Milyarti Wijaya]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[In the capital market, securities companies have the role of the intermediary for security traders, which may conduct business activity of selling and purchasing securities such as shares and bonds. Repurchase Agreement (Repo) transaction is one of the investment products of the Securities Companies which is based on the sell or purchase of securities contract with the sellback or buyback condition at the determined period. The prevailing agreement principle is the freedom of contract so that it would be very much dependent on the provisions being stipulated in the Repurchase Agreement made by the relevant parties.This research shall clearly describe on the illustration of the securities transaction at the Capital market in Indonesia and the Law and Regulations which regulate on the Repo Transaction in Indonesia. This research is a juridical normative research using method of researching library materials. Thus, the source of data being used shall be in the form of secondary data gathered with literature review technique. Upon gathering of all the data, then such data were being processed and analized with the qualitative descriptive analizing method, namely by grouping the data in accordance to the researched aspects which thereafter the conclusion can be taken and shall be elaborated descriptively. Based on this research, it was resulted that regulation which govern the Repo Transaction is stipulated in the Otoritas Jasa Keuangan Regulation Number 9/Pojk.04/2015 Regarding Transaction Guidelines on Repurchase Agreement for Financial Services Institution. However, if being reviewed by the legal protection and legal effecitivity theory, such regulation is still less effective.]]>
<![CDATA[Resiko Perahu Buatan Masyarakat Tanjungpinang Berdasarkan Hukum Perasuransian ]]>
<![CDATA[Wishnu Kurniawan]]>;
<![CDATA[Candra Wira Jaya]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Tanjungpinang wellknown as a Gurindam city is surround by the sea that make most of the people on this coastal area used a traditional boat (pompong) to conduct their daily activity but unfortunately they still don’t have any insurance protections. This research describes clearly and carefully is there any way to register an insurance or making a risk transfer and how to register the insurance for the traditional boat in Tanjung Pinang. This research used normative legal research by using case approach. Data used in form of primary data as supporting data and secondary data. Data were collected by interview and library research. Furthermore, the conclusions drawn from the research, and then elaborated descriptively. This study showed that notwitcstanding the boat which made by Tanjungpinang citizen can be registered to an insurance company but in the end itdepend on insurance company itself whether considered the boats are insurable or not.]]>
<![CDATA[Tinjauan Yuridis terhadap Pemasaran Kosmetik Ilegal secara Online di Indonesia ]]>
<![CDATA[Febri Djaya]]>
<![CDATA[ Journal of Judicial Review Vol 22 No 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v22i1.822
<![CDATA[The writer’s purpose in conducting research on online marketed illegal cosmetics in Indonesia, in particular is to analyse and examine how the development of technology combined with the cosmetics industry is now growing because of the many individuals interested in cosmetics, especially women who want to beautify themselves with the aim of maximizing their self-confidence. This makes business actors often take advantage of their opportunities to produce and establish cosmetics businesses with the requirements given by the state. Business actor must have permission to produce, distribute and of course with the right quality standards, but in fact some business actors assume the requirements given are difficult and the process is time-consuming. Then the negative impacts arising from this matter is business actor or producer of production and distribution cosmetics has not tested products in laboratory, thus, it is fake and could be dangerous. Of course, this also has an impact on consumers who are exultant with illegal cosmetics and skincare products because they are tempted by massive promotions and discounts however it may cause people suffering losses due to illegal cosmetics offered in the market without correct information by cosmetic businesses. Act number 8 of 1999 concerning Consumer Protection can protect consumers victimized by producers or business actors producing and marketing illegal and irregular cosmetic products.]]>
<![CDATA[Tinjauan Yuridis Perkawinan Suku Anak Dalam di Jambi Berdasarkan Hukum Adat dan UU Perkawinan ]]>
<![CDATA[Winsherly Tan]]>;
<![CDATA[Bulan Ayu Sari]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The Act No. 1 year 1974 concerning Marriage was born as government efforts to do legal unification for resolve legal uncertainty about marriage problems. One of which is indigenous people of Indonesia is Suku Anak Dalam who still implement their customary marriage law and rule out Act No. 1 year 1974 concerning Marriage has been positive law in Indonesia. Research methodology used is law research method juridical normative, 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. Once all the data is collected, the data 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 describe descriptively. Based on the result of research that has been done, there are some significant differences in Suku Anak Dalam customary marriage law with legal provisions on Act No. 1 year 1974 concerning Marriage. Then, Suku Anak Dalam customary marriage law although recognized based on Indonesia laws, however communities that runned customary law also must implement Act No. 1 year 1974 concerning Marriage. Need a law harmonization between customary law especially Suku Anak Dalam customary law with Act No. 1 year 1974 concerning Marriage.]]>
<![CDATA[Pelaksanaan Peraturan Gubernur Nomor 24 Tahun 2012 Tentang Petunjuk Pkb Dan Bbn-Kb Di Kantor Pelayanan Pajak Daerah Tanjungpinang ]]>
<![CDATA[Lili Rasjidi]]>;
<![CDATA[Rina Shahriyani Shahrullah]]>;
<![CDATA[Riza Satya Putri]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 1 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[This study was intended as a form of submission of information and accountability to the public as compliance with the principles of transparency and accountability for public service in call centers Tanjungpinang. The goal is to keep the public information on the public service call centers that have been developed. With the increasing awareness of the community, also increasing the financial resources to fund programs and projects the Development of public facilities in order to boost the welfare masrakat Riau Islands.]]>
<![CDATA[Perlindungan Hukum Terhadap Korban Perdagangan Orang Di Negara Indonesia Dan Negara Thailand ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Bernice Bernice]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 2 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Human trafficking is the trade of humans, most commonly for the purpose of sexual slavery, forced labor or commercial sexual exploitation for the trafficker or others. Human trafficking is a crime against the person because of the violation of the victim's rights of movement through coercion and because of their commercial exploitation. Although human trafficking can occur at local levels, it has transnational implications, as recognized by the United Nations in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children(also referred to as the Trafficking Protocol or the Palermo Protocol.Methodology used in this research is the normative legal research -based comparative law. The data used in this study is a secondary data obtained from literature (library research). Once all the data is collected, then processed and analyzed to find the legal issues that are the object of study and conclude , then described descriptively.The results of this study indicate that Indonesia and Thailand respect the rights of victims of human trafficking by ratifying the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children supplementing the United Convention against Transnational Organized Crime. Indonesia was placed in Tier 2 while Thailand does not fully comply the minimum standards in providing protection to victims and are placed in Tier 3 in 2014.]]>
<![CDATA[Analisis Yuridis terhadap Penerapan Hak Cipta sebagai Objek Jaminan Fidusia dalam Pemberian Fasilitas Kredit pada Perbankan di Kota Batam ]]>
<![CDATA[Agustianto Agustianto]]>;
<![CDATA[Yeny Sartika]]>
<![CDATA[ Journal of Judicial Review Vol 21 No 2 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v21i2.674
<![CDATA[The application of copyright as an object of fiduciary collateral in the world is still constrained by several obstacles. So that until now there are still no financial institutions that carry out these provisions. Because the financing institution has only received movable and tangible material objects that can be seen directly and have high economic value. This can guarantee the credit taker / debtor fulfills the performance in accordance with the credit agreement agreed upon by the parties. However, copyright regulations have allowed copyrights to be tied to fiduciaries. Because copyright contains elements of economic rights. The research method used in the study is empirical, supported by the results of interviews with several speakers among notaries, lawyers and legal consultants, financial institutions (commercial banks and BPR), and the Regional Office of Menkumham, the primary data from this study. As well as to strengthen the opinions of the resource persons to disburse supporting data through library studies as secondary data. After collecting all the managed data and analyzing using a qualitative method that is classifying each data obtained in accordance with the research aspects. Finally draw conclusions by describing them descriptively. Guided from this research the results obtained are copyright as objects of fiduciary security constrained by the absence of copyright as one of the collateral for loans in Bank Indonesia Regulations, and the Fiduciary Guarantee Act regarding the regulation of intangible moving objects is less significant. In addition, there is no valuation institution that serves to assess the economy owned by a copyright.]]>
<![CDATA[Roya Partial Jaminan Hak Atas Tanah dalam Perjanjian Kredit di Bank Berdasarkan Undang-Undang Nomor 4 Tahun 1996 ]]>
<![CDATA[Lendrawati Lendrawati]]>;
<![CDATA[Hirit Hastari]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Responsibility Rights Law is the unification in the collateral institutes in Indonesia. The establishment of this responsibility rights obliged to be registered as well as the dilation of of Responsiblity Rights. Responsibility Rights dilation is folowed by the enforcement of writng off the Responsibility Rights that can be done with dilation and Partial Dilation as prepared in in Article 2 of Undang-Undang Hak Tanggungan (Law of Responsibility Rights). But the validity of Regulation of State Minister of Agriculture Number 3 Year of 1997 is very contrary to the Dilation and Partial Dilation Stipulation as provided in Article 2 Law of Responsibility Rights. Of course this situation causes some problems, because there are difference arrangements in conducting dilation upon Responsibility Rights encumbering. In this research it will be discussed the enforcement of partial Dilation of Responsibility Rights in the practice that occurs in Batam after the validity of Regulation of State Minister of Agriculture/ Head of National Land Form Number 3 year of 1997 and the constraints faced by Landform Office in Batam in the enforcement of Partial Dilation of Responsibility Rights after the validity of Regulation of State Minister of Agriculture Head of Natiaonal Landform Number 3 Year of 1997. The Research Method applied in discussing the topic of this skripsi is the juridical - empirical approach through the collection of primary and secondary data. Research is done on parties involved in the Roya Partial process, i.e. the Notary/ Land Deed Official (PPAT), Banking Institution, and the Land Office of Batam City.]]>
<![CDATA[Pembubaran Perseroan Terbatas Berdasarkan Keputusan Rapat Umum Pemegang Saham (Rups) Di Indonesia Dan Australia ]]>
<![CDATA[Lendrawati Lendrawati]]>;
<![CDATA[Shelly Sonyatan]]>
<![CDATA[ Journal of Judicial Review Vol 16 No 2 (2014) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Considering a hefty amount of are left behind without being dissolved properly herein Indonesia may cause to many negative effects not only to the company but also the country and its government. Dissolving company is including the act of liquidating the company’s asset, businessman will prefer to establish a new company rather than to wind-up the company. Establishing a new company is more likely promising to businessman due to the time is faster than to wind up the company. Surprisingly, the above case rarely happen to the company in Australia, Australia has a commission called ASIC (Australian Securities and Investment Commission) which carry out two main functions, the administration and regulative functions. Every changes, addition or the company’s financial state must be reported to the commission. The presence of ASIC is believed to have facilitate and make winding up process easier.This research is carried to find out the process of winding-up and liquidation of a company, the obstacles, advantage and disadvantage in both country. This research is using a normative juridicial method of comparative law. Sources of data used in the form of primary, secondary and tertiary data. Data mining is done with library research. All data collected is then processed and analized, the qualitative analysis is used with the intention to classify aspects of data studied.Based on the results of this study showed that Australia has the best methods to wind up a company, which is proved by the presence of ASIC commission and the time duration.]]>
<![CDATA[Kajian Hukum Perdata Tentang Pertanggungjawaban Perseroan Terbatas Sebagai Subyek Hukum ]]>
<![CDATA[Siti Nurjanah]]>;
<![CDATA[Antony Antony]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Currently the corporation 's role in society is increasing and so wide. More and more corporations are emerging in Indonesia, did not rule out more frequent occurrence of criminal acts of the limited liability company. Limited liability company activities often make unfair business practices may cause harm to the state and individuals as consumers and in some cases can be categorized as a criminal offense. Ensnare the limited liability company for its actions against the law as perperators of a crime or offense is not easy. It caused of principles of criminal responsibility are traditionally built with the idea of individualism which means that individuals who may commit crimes instead of limited liabilty company.Methodology used in this research is the normative legal research. The data used in this study is a secondary data obtained from literature (library research). Once all the data is collected, then processed and analyzed to find the legal issues that are the object of study and concluded, then described descriptively. These results indicate that a limited liability company can be sued civilly through existing mechanisms.]]>
