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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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Dampak Surat Keputusan Nomor 463/Menhut-Ii/2013 tentang Hutan Lindung di Kota Batam Lu Sudirman; Candy Candy
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Batam City wellknown as industrial area which the populations has growth rapidly over recent decade. When the urbans area became crowded, the demand for landhousing obviously will also increase. There some problem related to the status of the conservations forest in the Batam City after the enactment of the Decree of the Minister of Forestry Number 463/Menhut-II/2013. This research seeks to analyze the effect of the decree for protected forrest and legal certainty of the landrights in Batam. This research uses normative-empirical legal research by case approach. Data used in the form of primary data as supporting research and secondary data. Data were collected by interview and library research. Based on this study, the Decree of the Minister of Forestry Number 463/Menhut-II/2013 don’t allow the area which included conservations forest toissue the land certificate. As a consequence the policy rise the legal uncertainty and disadvantage for some societies in Batam City, while the legal certainty of the status of land rights before the decree remain in force as appropriate.
Dinamika Baru Dalam Pemulihan Aset Akibat Korupsi di Indonesia Rosita Miladmahesi
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.v22i1.720

Abstract

Abstract The dynamics in assets recovery due to criminal acts of corruption are felt quite a lot of difficulties. Returns of state financial losses due to criminal acts of corruption often do not produce appropriate results. This is due to the many obstacles in solving cases. Especially if certain things make law enforcement officials unable to prosecute crimes, even though there has been a real loss of state finances. Asset recovery efforts are slowly starting to shift from a penal mechanism, to non-penal. This is due to the awareness that law enforcement on conventional criminal acts can no longer cope with state financial losses and asset recovery. Because after all, assets associated with corruption become vital for the life of the nation and state. So that the recovery of assets is one of the priorities in law enforcement. The introduction of various new paradigms in the seizure of assets offered by international conventions and national legal policies to date has experienced problems due to the unequal meaning and the mechanism of appropriation.. Keywords : Assets, Corruption, Dynamics, Recovery Intisari Dinamika dalam pemulihan aset akibat tindak pidana korupsi dirasa cukup banyak mengalami kesulitan. Pengembalian kerugian keuangan negara akibat tindak pidana korupsi seringkali tidak memberikan hasil yang sesuai. Hal ini dikarenakan banyaknya hambatan dalam penyelesaian kasus. Apalagi jika ada hal-hal tertentu yang membuat aparat penegak hukum tidak dapat melakukan penuntutan secara pidana, padahal telah ada kerugian keuangan negara yang nyata. Upaya pemulihan aset perlahan mulai bergeser dari mekanisme penal, menjadi non-penal. Hal ini dikarenakan adanya kesadaran, bahwa penegakan hukum atas tindak pidana korupsi secara konvensional tidak lagi dapat menanggulangi kerugian keuangan negara dan pemulihan aset. Karena bagaimanapun juga, aset yang terkait dengan tindak pidana korupsi menjadi hal yang vital bagi kehidupan berbangsa dan bernegara. Sehingga ikhwal pemulihan aset menjadi salah satu prioritas dalam penegakan hukum. Pengenalan berbagai paradigma baru dalam perampasan aset yang ditawarkan oleh konvensi internasional dan kebijakan hukum nasional hingga saat ini masing mengalami permasalahan karena tidak seragamnya pemaknaan serta mekanisme perampasan aset. Kata Kunci : Aset, Dinamika, Korupsi , Pemulihan
Tinjauan Yuridis terhadap Pelaku Tindak Pidana Penyebaran Uang Palsu Eko Nurisman; Stella Monica
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This research is expected to understanding how the Judge considerates the sanctions to criminals who counterfeit money. As well as the ways to prevent the crimes in counterfeiting money. The normative empirical method is used in this research, which is a research method that collects the data based on the regulations and written laws, the literature of study and supported by the interview’s results as the supporting data. The data then will be analyzed, arranged and be explained descriptively for gaining the conclusions from that data analysis result. The conclusion of this research is that the Judge will use three theories to give judgment for counterfeit money criminal. The theories such as Absolute Theory, Relative Theory, and Mix Theory. This kind of case can use the Preemptive, Preventive, and Repressive efforts to prevent the counterfeit money act.
Perlindungan Hukum Terhadap Korban Pedofilia Di Indonesia Dan Thailand Rina Shahriyani Shahrullah; Devita Sari
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Child is heir to a country that must be protected by all circles. Child protection is an activity to ensure and protect children and their rights in order to live, grow, develop and participate optimally in accordance with human dignity.This study used a normative legal research and data used are secondary data. Data collection techniques used in this research is secondary data and primary data as additional data. Data analysis method used is through qualitative analysis.Based on this research note that the legal protection of children in Indonesia and Thailand have referred to the Child Rights Convention of 1989. The legal protection of children in Indonesia set up more details about the sexual abuse of children than in Thailand. The effectiveness of child protection agencies in Thailand is more effective than the child protection agency in Indonesia.
Pemenuhan Hak Upah Tenagakerja Dalam Rangka Mendukung Investasi di Kota Batam Elza Syarief; Ampuan Situmeang; Sugiyarto Sugiyarto
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This study to analyze Undang-Undang No. 13 Year 2003 about Employment to organize the labors in order to support the investment at Batam City. This research used juridical sociological law framework. The research showed that the labors wage system at Batam City was adapted to the appropriate living standard at Batam City. The minimum wages at Batam City increased regularly and gave a negative impact in investment climate at Batam City because foreign companies had to pay a high value of wages. Because of that, the solution offered to Batam City government was to create a safe environment and stable labors wage.
Pelaksanaan Perjanjian Kerja Waktu Tertentu di Lim Siang Huat Group Winsherly Tan; Akbar Putra Jako
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Work agreements has substantial benefits to the parties. This should be realized because a work agreement created and adhered to properly will be able to create a job of peace and guarantee the certainty of rights and obligations for both workers and employers. The problem in this research is that there are still violations committed by the entrepreneur, Lim Siang Huat Group to the workers regarding the provision of certain time work agreement that is not in accordance with Act Number 13 Year 2003 on Manpower. The type of research used by the author is empirical law research, then the type of data used is Primary Data as the main data and Secondary Data as supporting data. Primary data used by the author in the form of observation and interviews at the Disnaker Batam Office, and of course Lim Siang Huat Group which is the focus on this research. Based on the results of this study it can be concluded that there are still violations committed by the entrepreneur, Lim Siang Huat Group against workers regarding the provisions of work agreement for a specified time not in accordance with Article 59 of Act Number 13 Year 2003 on Manpower. Based on that article, if there is any violation, a work agreement for a specified time by law shall be changed into a work agreement for an unspecified time.
Tinjauan Yuridis Terhadap Pentingnya Pengelolaan Sumber Daya Ikan Dalam Menambah Penerimaan Negara Anwar Anwar
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 study, the researcher pointed out about the problem of illegal fishing done in Riau Islands, especially at Natuna District and Anambas District at Indonesia waters territory which caused a reduction in the nation’s income from fish resources. Illegal fishing had significantly caused a great loss for Republic of Indonesia, so the researcher discussed about the problem illegal fishing caused to the nation’s income. The research was done using the sociological juridical approach method with qualitative data analysis. The sociological juridical approach was done to systematically and accurately describe a population, a certain field, a situation, and an incident about the reality at the real practice of illegal fishing criminals at Indonesia waters territory, especially at Natuna and Anambas waters.Illegal fishing caused the country a great loss, not only in term of nation’s income, but also economic loss, ecological loss, and social loss. The law enforcement process on illegal fishing criminal act at Natuna and Anambas District had not been maximally implemented. This was because there were some factors, which were the law enforcement object which was hard to be covered by law, the proof problem, the narrow criminal act coverage, the bad coordination between the law enforcers, the criminal sanctions formulation, the criminality subject and actor, the confiscation process, the ecological compensation, and the lack of knowledge of integrity of the law enforcers. To stop illegal fishing, the government should increase the intensity of sea security through the ship patrols at the illegal fishing area suspects.
Analisis Yuridis Terhadap Putusan Badan Arbitrase Nasional Indonesia Yang di Tolak Oleh Pengadilan Negeri Untuk di Eksekusi Rina Shahriyani Shahrullah; Wagiman Wagiman; Yovita Yovita
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Law No. 30 of 1999 about Arbitration and Alternative Dispute Resolution set on the cancellation of the arbitral decision on Article 70 which said the parties may apply for cancellation if the arbitration decision is thought contain elements of forgery / document, or discovered hidden documents from opposing party, or a decision which taken on the results ruse by one of the parties in the dispute. The cancellation reason on this article must be evidenced by the court. However, on the practice the cancellation of arbitration decision by District Court still was not click with the law and inconsistent, especially related with the using reasons of cancellation in Article 70 Law No. 30 of 1999.The problems that would be discussed were (1) how was the juridical approachment that been done by BANI for making decision No.300/II/ARB-BANI-2009 that been cancelled by South Jakarta District Court, and (2) why South Jakarta District Court refused to execute BANI decision No.300/II/ARB-BANI-2009. This research was using normative juridical methode, which this research was focused to reviewing the application or the rules or norms of the positive law.Based on the research, South Jakarta District Court was wrong by expand decision No. 270/Pdt.P/2009/PN.Jkt.Sel, because on the decision by Panels of Judges on cancelling one decision was not based on Article 70 Law No. 30 of 1999 about Arbitration and Alternative Dispute Resolution. In fact, the only Article that arrange about cancel the arbitration decision just only on Article 70 in that Law.The implementation Article 54 and 57 Law No. 30 of 1999 about Arbitration and Alternative Dispute Resolution can not be the basis of cancellation request arbitration decision No. 300/II/ARB-BANI/2009 by Panel of Judges in South Jakarta.
Analisis Implementasi Peraturan Daerah Nomor 6 Tahun 2002 Menangani Jumlah Gelandangan dan Pengemis di Kota Batam Lu Sudirman; Shinta .
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.v21i2.667

Abstract

This research was conducted to find out the implementation of Regional Regulation Number 6 of 2002 in dealing with the problem of Homeless and Beggars. The high level of poverty is one of the main factors in the emergence of homeless and beggars, they are considered to disturb public order and the beauty of Batam City. Therefore, this problem must be surmounted immediately. This research uses empirical research methods, where research material is obtained directly from the facts that occur in the field. Furthermore, the Writer makes comparisons of written regulations, theories, journals obtained through library materials. Then the data analysis method used is the analysis of qualitative data by developing concepts, theories, legislation and comparisons of their implementation, then connecting with the facts that occur in the field. In this research it can be concluded that the legislation does not fully provide legal certainty if it is not supported by the correct implementation. It is very necessary for the role of law enforcement officials to overcome this problem and oversee the existence of homeless and beggars. However, supervision and guidance efforts carried out by the Social Service could not work effectively, the lack of support from the society of Batam City was also one of the obstacles. It is expected that the prevention efforts can eradicate the number of homeless and beggars so that they can improve social welfare in Batam City.
Analisis Yuridis Penghapusan Rintisan Sekolah Bertaraf Internasional (RSBI) Di Kota Batam Rina Shahriyani Shahrullah; Wagiman Wagiman; Adi Kusuma
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This study discussed about the effectivity of The Constitutional Court Verdict Number 5 Year 2012 about International Schools Pioneer (RSBI) Elimination at Batam City implementation. This research was formulated by a few problems because of the implementation of The Constitutional Court Verdict Number 5 Year 2012 about International Schools Pioneer (RSBI) Elimination especially at Batam City and the solutions to education performance pasca the verdict. The result showed that there were effects after The Constitutional Court Verdict Number 5 Year 2012 about International Schools Pioneer (RSBI) Elimination at Batam City.This study also analysed the solution to do the education activities at Batam City pasca The Constitutional Court Verdict Number 5 Year 2012 about International Schools Pioneer (RSBI) Elimination. The analysis showed that it was needed to prioritize the education quality increasement effort for the students through Superior School Programs and increase the roles of the stakeholders in helping the mandated Education National Standard fulfillment effort.

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