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Journal : Journal of Judicial Review

 1 
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.
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.
Perlindungan Hukum Terhadap Korban Perdagangan Orang Di Negara Indonesia Dan Negara Thailand Siti Nurjanah; Bernice Bernice
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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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.
Kajian Hukum Perdata Tentang Pertanggungjawaban Perseroan Terbatas Sebagai Subyek Hukum Siti Nurjanah; Antony Antony
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

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.
Perlindungan Hukum Terhadap Kebebasan Berserikat Bagi Pekerja di Indonesia dan Malaysia Siti Nurjanah; Rina Kusniati
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Everyone, including the government of a country needs to be aware of the importance of human rights as one as the natural right. One of them is the freedom to associate, including the freedom to associate for the employees. The intention of the author in this thesis is to make a review about provision of legal protection for employees in the State of Indonesia and Malaysia, in terms of providing fulfillment to employee’s right, as one of human rights. The methodology by author in this research is used the normative legal research based on comparative law. The data in this research is used secondary data obtained from the study of literature (library research). After the required data has been collected, it will be processed and analyzed to find the object of legal issues. Furthermore, the authors will provide a conclusion and describe the conclusion descriptively. The result of this research indicates that the State of Indonesia and Malaysia already have provisions on freedom of association for employees. The difference between provisions of Indonesia State and Malaysia State is the Indonesian State has a firmer provision than the State of Malaysia, Indonesia also provide the better law protection for freedom of association for employees in the country.
Penerapan Konvensi ILO Terhadap Anak Yang Bekerja Di Negara Indonesia Dan Negara Singapura Siti Nurjanah; Leny Pratiwi
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Child means a person who has not completed his 18th year of age. Children must be protected especially for violence, discrimination, right for child, child work for life, and family, etc. International Labour Organization (ILO) is a organization to accept issues worker/employment under United Nation (PBB). ILO has made regulation for child worker like ILO Convention Number 138 about Concerning Minimum Age For Admission To Employment and ILO Convention No. 182 Concerning The Prohibition And Immediate Action For The Elimination Of The Worst Forms of Child Labour. Some report about child worker below minimum age, type of work for child labor, and working hours are not allowed to work has happened right now like sell newspaper at night and child working at handphone shop.This research is a normative law by using the method of comparative law . The data used in the form of secondary data . As for the data mining is done with literature (library research) and interviews. After all the data collected, the data will be processed and analyzed, the qualitative analysis is used to mean the group data studied aspects. Furthermore, the conclusions drawn related to this research, then described descriptively .Based on the results of this study, its showed that some application and to hold Convention ILO Number 138 and 182 also conviction to applied has given protection still to increase because so many cases child working and the penalty not give to discourage for people acted against the law.
Status Kepemilikan Satuan Rumah Susun Oleh Orang Asing Di Indonesia Dan Singapura Siti Nurjanah; Gusita Christa
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Indonesia and Singapore, the two countries are quite attractive to foreign investors, as an ideal choice to invest in property. Indonesia and Singapore, which although the government open up opportunities in foreign ownership of property, but there are also still limited and have restriction by existing regulations. Thus, it doesn’t means chance of foreigners to have property are closed at all. Considering type of property with the ownership status can be granted to foreigners is limited, one of them which is flat unit. Therefore, to avoid misunderstanding to the limitations of the type of property, especially flat unit and ownership that can be owned by foreigners and provide legal certainty for foreigners who want to buy a flat unit in Indonesia and/or Singapore, so it is important to do research particulary regarding to the ownership status on flat unit by foreigners in Indonesia and Singapore.This research is a normative law research or known as normative juridical research be based on comparative law. Data used in this research is secondary data which includes primary legal materials, secondary, and tertiary. With data collection techniques using literature study mode, then the collected data was analyzed by descriptive qualitative analysis.The research obtained results that there are differences over the status of ownership of flat unit by foreigners in Indonesia and Singapore. Viewed from ownership of flat unit by foreigners in Indonesia and Singapore, ownership in Indonesia is more limited than Singapore which not too restricted in ownership of flat unit by foreigners.
Pelaksanaan Putusan Pailit Pengadilan Indonesia Terhadap Pailit yang Melintas Batas Negara Siti Nurjanah; Ervinna Ervinna
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Along with the development of technology and science, international business transactions conducted by businesses around the world more and more. However, with this increase, the issue of cross-border insolvency often found and become a global problem. To overcome this problem in every country both countries that follow civil law and common law countries adopt and enforce the principle of territoriality principle of universality. Given the importance of cross border enforcement of bankruptcy to protect the rights of creditors and provide legal certainty for the parties concerned in a cross border bankruptcy cases. This study describes clearly and accurately on the implementation of the bankruptcy decision of a foreign court against the bankrupt crossing national borders. This research is a normative juridical law by using comparative law. Data used in the form of secondary data. Data mining is done with literature (library research). After 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 described descriptively. Based on this study that the state of Indonesia enacted bankruptcy decision courts of foreign countries in its own territory with the following conditions: to appeal to the judge Indonesia to execute the decision of the bankrupt country in the territory of Indonesia, performing for bankruptcy in the Commercial Court Indonesia to accept the decision handed down by Indonesian courts, Indonesia and the country has a bilateral agreement that allows both countries to resolve cross border insolvency.
Analisis Yuridis Pemberantasan Perdagangan Manusia Di Indonesia Dan Vietnam Siti Nurjanah; Boy Ericson Siahaan
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This research report has has the aim to determine the effort and the application of penalties in combating human trafficking crime committed by Indonesia as a country that ratified the Palermo Protocol 2000 on human trafficking and Vietnam as countries that ratified the UN Convention on Transnational Crime Organized (TOC) and the acceding the 2000 Palermo Protocol and to know how the application of criminal penalties for human trafficking in Indonesia and Vietnam. The UN also classifies the states according to the high level of human trafficking into the SYSTEM ( TIER ) is a Tier 1 , Tier 2 Watch List, and Tier 3 in order to be able to do oversight and the classification is based on the standards of the Trafficking Victims Protocol Act of 2000 (TVPA 2000). Methodology conducted by the author is doing normative legal research or research library where library materials constitute the basic data in (science) research classified as secondary data using juridical approach and data analysis in this research is descriptive qualitative.Indonesia has legislations and has made many efforts both bilaterally and multiteral with many countries in combating trafficking and has established various organizations in suppressing and combating trafficking in persons and Vietnam also has special regulations regarding to human trafficking, and effective start from early 2012, but still Penalty Code that determines the punishment of suspect and Vietnam have been doing international cooperation both in bilateral and Multiteral in combating trafficking in persons.
Co-Authors ADITYA PRATAMA Agustiar Agustiar Aini Robiurrahmah Aminatul Fatayati Ananda Rozalina Anandya Rani Pertiwi Andry Andry Anthony Mayes Antony Antony Astri Setya Wati Bernice Bernice Boy Ericson Siahaan C Hanny Wijaya Cepriadi Chilyatis Zahroh Citra Unik Mayasari Dahlia Dedi Herdiansyah Devi Ayu Anjani Devi Rahma Nila Latifi Devita Elsanti Dewi Anisa Istiqomah Dewi Puspitaningrum Dian Nintyasari Mustika Dwi Sulistya Kusumaningrum Edy Soesanto Efriliana Elina Cahyanti Elyana Fadiah Emmawaty Sofya Erna Kusumawati Erna Sri Rahayu Ervinna Ervinna Fadlur Ramadan Nur Insani Fitriani Nur Damayanti Gebry Veriora Apolita Manoban Gusita Christa Hamdan Tri Atmaja Hamdani . Happy Dwi Aprilina Happy Karlina Marjo HARYANTO Hebrina Antika Herry Suswanti Djarot Hussani Iis Sugiyarti Juniar Nur Kamariyah, Nurul Kausar Kausar Khairil Ansari Kurnia Kurnia Leny Pratiwi Lia Mulyanti Lukman El Hakim M. Kholis Amrullah Machmudah Machmudah Makmun Michiko Mamesah Moh Slamet Sutrimo Muhammad Iqbal Naila Rohmaniyah Nasikhotun Nadiroh Nelson Ngatijo Noor Diani Novayanti, Deasy Novita Dwi Andini Novita Yuliana Nuke Devi Indrawati Nur Ainiyah Nur'aini Maghviroh Paula Paulina Pertiwi Hidayati, R. Panca Purwanti, Nunik R. Taufiq Nur Muftiyanto Rahmadaniar Aditya Putri Ratu Betta Rudibyani Restina Bemis Riadini Wahyu Utami Rias Ismawati Rina Kusniati Rinette Visca Rodiana Kurniasih Sandra Apriliani Sasa Atilah Sholeh Sholeh Siregar, Amril Mutoi Siti Chadlirotul Qudsiah Siti Istiana Siti Mutmainah Sri Maria Puji Lestari Sri Marliyah Sri Nur Aini Syahnan Daulay Timbo Faritcan Parlaungan Siallagan Titik Munjiati Tomo Djudin Tri Sukirno Putro Tusy Triwahyuni Ufi Saraswati, Ufi Umdatus Soleha Unggul Budi Purnamasari Uswatun Hasanah Utari, Elitha M W Wijayanti Winda Permatasari Yeni Rostikawati Yuli Astuti Yulia Mujiaty Yuliana Noor Setiawati Ulvie Yunita Lutfiyani Zahroh, Chilyatiz