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Tinjauan Yuridis Perlindungan Hak Merek Dalam Perspektif Perbandingan Hukum Indonesia Dan Amerika Serikat Yudhi Priyo Amboro; Steven Steven
Journal of Judicial Review Vol 17 No 2 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Trademarks means any sign which is capable of distinguishing goods or services dealt with or provided in the course of trade that must be protected to prevent unfair competition, justice, public order and legal certainty. Registered trademarks has full rights to use the trademarks. Therefore considering the importance of trademark registration in the constitutive system, it is expected to trademarks user to register its marks in the Intellectual Property office in order to avoid lawsuits either criminal claims or compensation from another party. This study describes clearly and carefully about the similarities and differences of the provisions of trademarks in Indonesia and United States, how the protection of the law and the provisions of the state know which one is better in providing legal protection to trademarks holder.This research is a normative law by using the method of comparative law. The data used are secondary data. Performed with data mining literature (library research). Once all the data is collected, the data is then processed and analyzed, the qualitative analysis was used to group the data point by the studies aspects. Further conclusions drawn related to this study, then described descriptively.Based on the results of this study showed that there are some similarities and differences between Indonesia’s and United States’ provisions. But, judging from the legal protection to trademarks holder, United States’ trademarks law provides more protection instead of Indonesia’s, based on the further protection measures to protect the rights of its trademarks.

Penerapan Ketentuan Pemutusan Hubungan Kerja Terhadap Karywan Pada Perusahaan Yang Dinyatakan Pailit Yudhi Priyo Amboro; Jemmy Edi
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Inequality position between workers and employers have recognized the government passed Law No. 13 of 2003 on Labor on March 25, 2003. Under this law has regulated in detail the rights and obligations between employers and workers. The fact that the activities of employers do not always benefit resulting company established to carry out certain business went bankrupt. State of the bankrupt company that can not meet all of its obligations to its creditors could cause the company submitted that bankrupted. The inequality of the employers and workers are more Likely to occur when the company Suffered loss when running the business processes. Even before the company filed for bankruptcy, the workers have experienced the uncertainty of payment rights.Methodology used in this research is normative juridical law-based comparative law. The data used in this research is secondary data obtained from the literature (library research). Once all the data is collected, then processed and analyzed to find legal issues become the object of study and conclude, then described descriptively.The results showed that the unequal position between the employer and the worker actually happening in companies that declared bankruptcy that the Limited Liability Metro Batavia, Harimas Jaya Plywood Company Limited, and Limited Liability Company Sindoro Cleft Wood Industry.

Analisis Terhadap Tindak Pidana Penipuan Pada Transaksi Jual Beli Online di Kota Batam Elza Syarief; Yudhi Priyo Amboro; Uji Febianika
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The technology development in every aspects, in fact the crime was also developing itself, known as cyber crime or the crime by using internet networking. On sell and buy transaction via Online actually it was not missed from the cyber crime.The research problem that would be discuss was (1) how was the implementation of ITE Law against sell-buy transaction fraud by internet in Batam, (2) the problem on implementation of ITE Law against sell-buy transaction fraud by internet in Batam, and (3) what was the best solution to handle sell-buy transaction fraud by internet problem in Batam.This research was using descriptive methode by using normative approach (legal research) to got secondary data and juridic approach (sociologic juridic), to got primary data by field research.According to the research result, ITE Law had been implemented against sell-buy transaction fraud by internet in Batam. The problem that faced by Batam Police Investigator on implementing ITE Law against sell-buy transaction fraud by internet, such ITE Laws was not too clear regulate criminal provisions for the person that had done fraud via internet.The best solution on handling the obstacle to implement ITE Law in Batam was there were need some socialization to all citizens componens to report case against sell-buy transaction fraud by internet in Batam to police. Also needed equipments that useful and a competent human resources to searched the people that done sell-buy transaction fraud by internet in Batam.

Perlindungan Hukum Kreditur Dalam Pelaksanaan Eksekusi Hak Tanggungan Elza Syarief; Yudhi Priyo Amboro; Risky Hadi Putra
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The study aims to review and analyze the effectiveness of the application of the legislation – Act No. 4 of 1996 on the rights of the Legal Protection Against Creditors Dependents In Execution.The research method used was the normative research. The results showed the form of legal protection the certificate holder's rights of creditors against the debtor who did a dependent resistance time collateral was executed was a dependent Right certificate and certificate Rights over land.The occurrence of nonperforming loans or credit problems are generally caused by the global economic downturn are having an impact on inflation and the weakening of the business sector in addition to other factor was not assessed debtors character cooperative.

Lokal Dalam Menciptakan Perlindungan Dan Pengelolaan Bagi Lingkungan Hidup Yudhi Priyo Amboro
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The local wisdom become an issue since Act No. 32 Year 2009 introduced the local wisdom as a part of principle for public policy on environment. Some questions appear when local government wanted to issue public policy related with the environment and make a connection to the local wisdom. It is still questionable concerning what the local wisdom is. This writing tries to pierce those questions in a perspective of legal theology, with a legal research method.

Analisa Yuridis Efektivitas Perlindungan Investor dalam Transaksi Repurchase Agreement (Repo) di Indonesia Yudhi Priyo Amboro; Yuly Milyarti Wijaya
Journal of Judicial Review Vol 19 No 2 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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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.

Tinjauan Yuridis Tindak Pidana Pencucian Uang Dalam Tindak Pidana Korupsi di Indonesia Yudhi Priyo Amboro; Fandias Fandias
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Transactional political dynamics in Indonesia pushed formed eradicate corruption institutions namely the Corruption Eradication Commission. Political dynamics so well matched with the spirit of providing an efficient sanctions to corruption suspects with approved Law No. 25 of 2003 on Money Laundering. According to the former Head of the Financial Transaction Reports and Analysis, Yunus Husein, corruption has a close relationship with the alleged violation of Article of money laundering. It is given an advantage in a crime of corruption is frequently used for private purposes suspects.Methodology used in this research is normative juridical law-based comparative law. The data used in this research is secondary data obtained from the literature (library research). Once all the data is collected, then processed and analyzed to find legal issues become the object of study and conclude, then described descriptively.These results indicate that the sustainability of corruption has great potential, followed by other offenses for the crime of money laundering. It is in view of the circumstances that the amount of funds obtained in the transaction corruption.

Analisa Terhadap Efektivitas Peraturan Mahkamah Agung Nomor 2 Tahun 2015 tentang Tata Cara Penyelesaian Gugatan Sederhana Yudhi Priyo Amboro; Okta Feryanto
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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In order to create judicial mechanism more simpler, faster and cheaper on dispute settlement procedure, therefore the Supreme Court Regulation Number 2 Year 2015 regarding Settlement Procedures of Small Claim Court was promulgated. This research aim to understand how the regulation regarding Settlement Procedures on simple lawsuit had been implemented at Batam District Court, to find out the obstacles and also to review the efectivity of the regulations to reach legal desirebility of the parties pertaining the court decision. This research is a juridical normative legal research using qualitative and descriptive method. Source of data used are secondary data, namely literary study and primary data namely interview. Upon the collection of all literary study, then such data shall be processed and analized, and then the primary data from the interview is used as adjustment of the research data result. Further, the conclusion related to this research shall be drawn, and then the legal effectivity of the Supreme Court Regulation Number 2 Year 2015 in the District Court of Batam shall be descriptively elaborated. This research result that upon the promulgation, a number of 17 Small Claim Court cases had been settled in the District Court of Batam for the year 2016 alone. Notwichtstanding there are significance number of case has been processed, there are some problems in the implementation of the examination session of the Small Claim Court in the District Court of Batam, one of them is that there are no verdict which are executable. However, beside from such problems, the settlement of Small

Perlindungan Hukum Hak Pekerja Harian Lepas (Studi Perbandingan Hukum Indonesia dan Hukum Singapura) Yudhi Priyo Amboro; Fendy Fendy
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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As a legal state, Indonesia is demanded to provide legal protection to all of its citizens including businessmen and workers. Legal protection towards the workers is intended to guarantee the basic rights of the workers in order to realize the welfare of the workers. However in practice, there are still cases regarding violation of the rights of daily paid workers. Different than Indonesia, Singapore which is one of the leading countries in Asia has categorized workers who has similar characteristics to daily paid workers as part-time workers. Therefore this research clearly described the similarities and differences of the legal protection on rights of daily paid workers in Indonesia and Singapore so that we could find the advantages in the legal protection offerred by Singapore. This research is a juridical normative legal research using comparative law method. Therefore the source of data used was a secondary data source which were gathered with literature review technique. Upon the gathering of the data, such data was processed and analized with analitic qualititative descriptive method, meaning that by grouping of data in accordance to the aspect studied and afterwards the conclusion was drawn and descriptively elaborated. Based on this research, the obtained result was that the legal protection to the rights of daily paid workers in Indonesia and Singapore has their own respective advantages. However, reviewed with the theory of the legal protection and the theory of legal justice, the law of Singapore provides more attention to the rights of its daily paid workers compared to Indonesia, this can be found on the provision of overtime pay, leave and social security system offered by Singapore, which has more attention to the achievement performed by its daily paid workers.

Pertanggungjawaban Penyidik Kepolisian Terhadap Penangkapan Error In Persona Ditinjau Dari Hukum Indonesia Dan Singapura Yudhi Priyo Amboro; Diki Diki
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The purpose of this study is to describe clearly and carefully about accountability kepolisi investigator in the case of error in terms of the legal persona Indonesian and SingaporeThis type of research is the study of normative law. Normative research study only to legal writing and books, also called the research literature. In this study will be more use of secondary data and primary data used as complement to the data.In this thesis consists of: primary legal materials, legal materials and secondary legal. Data mining is done with the study of literature and. Once all the data is collected both primary data and secondary data, the data is then processed and analyzed, the qualitative analysis was used to group the data point by the studied aspects.Based on the resultsof this study indicate that there is aprovision inabook of the lawof criminal procedure regarding the action so therwise permitted under investigation for quality regulation sandliability for the occurrence of errorin persona in terms of the laws of Indonesia and Singapore.

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