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Journal : Journal of Judicial Review

Peranan Satuan Polisi Pamong Praja Dalam Melaksanakan Penegakan Peraturan Daerah Elza Syarief; Wagiman Wagiman; Raja Syaiful Anwar
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

One of the officers who served as a supporter of the implementation of the administration was Civil Service Police Unit (municipal police). Civil Service Police Unit (municipal police) was a device that assisted local governments in the implementation of regional heads running of the government and as a guard or vanguard in the field of public peace and order. To assist in the establishment of the local regulations and implementation of public order and peace of the community formed Civil Service Police Unit (municipal police). Keywords: Indonesian Government RegulationNo.6of 2010 on theSatuan Polisi Pamong Praja (Satpol PP, The role ofmunicipal police, Implementation ofSOP
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.
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 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.
Penyelenggara Jaminan Sosisal Ketenagakerjaan Terhadap Sektor Jasa Konstruksi Di Provinsi Kepulauan Riau Rina Shahriyani Shahrullah; Wagiman Wagiman; Surya Rizal
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The law theories used by the researcher were the progressive law theory and law affectivity law theory with empirical research method to analyze how legislations were implemented in. The results showed that not all of the constructions projects at Riau Islands Province had been registered at Tanjungpinang Labor Social Security Agency, so that not all of the workers got the normative rights and legal protection on the social risks such as sickness, working accident, disability, and death. In Undang-Undang RI Number 40 year 2004 about National Social Security System, Ministry of Labors and Transmigration Decree Number KEP-196/MEN/1999, and Riau Islands Governor Legislation Number 18/XI/2005 about Constructions Service Sector Labors Social Security Programs had obligated the constructions service employers to register their labors to Labor BPJS. The implementation of labor social security programs for constructions workers was not optimal because of some factors, starting from the governments who were not firm and the lack of control, the employers who were lack of the awareness about the duty and still thinking that being BPJS member was a burden, the labors who did not care about their rights because they were lack of education, and the agency who did not maximize the socialization. From the progressive law point of view starting from the basic assumption that law was for humanity not the other way around, a law problem raised so that the legislations should be fixed including the behaviors of the employers/contractors, the government, and also the Social Security Agency itself. While if it was related to the affectivity theory, the constructions service sector labors protection implementation would not be well implemented without the good enforcement and.
Tinjauan Yuridis Atas Pelaksanaan Pemilu Legislatif Tahun 2014 di Provinsi Kepulauan Riau Rina Shahriyani Shahrullah; Wagiman Wagiman; Rendra Topan
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Elections , which is a means of implementing the people's sovereignty is exercised directly, free, general, secret, honest, and fair within the unitary State of the Republic of Indonesia based on Pancasila and the Law – the Constitution of the Republic of Indonesia in 1945 and is an important component in the democracies adhere to the system of representation. Implementation of legislative elections by 2014 has been implemented in accordance with laws related legislation. But still found plenty of problems and constraints then then researchers will lift a thesis with the title of the study "Review Of The Implementation Of The Juridical Legislative Elections By 2014 In The Riau Islands Province". And problems examined are the legal basis for the implementation of the legislative elections of 2014, the issues facing the Electoral Commission province of Riau Islands as well as the solution of the Electoral Commission of Riau Islands Province in solving legislative elections by 2014. Research results in the conclusion that the conduct of the legislative elections in the province of Riau Islands has implemented appropriate laws related legislation elections. While the obstacles faced in the Legislative Elections in the province of Riau Islands is verification of political parties, the electoral region, campaign, voters Remain , recapitulation of votes and dispute the results of the general election. To resolve the constraints in the implementation of legislative elections, election commission coordinate with related agencies, election watchdog (Banwaslu) and any solutions that are taken accordance with the provisions of the applicable laws.