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.
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201 Documents
<![CDATA[Analisis Yuridis Tindakan Penyalahgunaan Izin Keimigrasian oleh Tenaga Kerja Asing di Kota Batam ]]>
<![CDATA[Lu Sudirman23]]>;
<![CDATA[Eva Dian Sari]]>
<![CDATA[ Journal of Judicial Review Vol 20 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[With the increasing foreign investment in Batam City is also a consequence of the increase in the number of foreign workers who enter the Batam City. In recent years, the situation of illegal foreign workers in Indonesia has increased. Therefore, the authors doing research about Juridical Analysis Against the Misuse of Immigration Permits by Foreign Workers in Batam City with great hope to expand knowledge and be used as guidelines for society or government. The final project of this thesis aims to know the provisions and requirements that must be fulfilled by employers and foreign workers who will be employed within the territory of the Republic of Indonesia, to know the consequences and legal consequences for foreign workers who misuse immigration permits in Batam City, and to analyze factors and the impacts arising from the misuse of immigration permits by foreign workers in Batam City. The research method used by the authors in the preparation of this research is the empirical normative is to conduct literature research on the applicable Legislation and analyze the supporting data from relevant agencies on the issues discussed in this study. Based on the results of research conducted by the authors can be concluded that against foreign workers who misuse immigration permits in Batam City will be deported and deterrenced with a period of no more than 6 (six) months and the removal of IMTA for employers who employ illegal foreign workers. As for several factors that cause the increasingly illegal foreign workers in Batam City such as the implementation of policies that have the potential to bring out illegal foreign workers; supervision conducted not yet maximal; as well as non-compliance of employers to the prevailing regulations that will result in the impact of increasing unemployment, the increasing crime and increasing misuse of drugs in Batam City.]]>
<![CDATA[Analisis Terhadap Premium Remedium Terkait Sanksi Hukum Lingkungan ]]>
<![CDATA[Junimart Girsang]]>;
<![CDATA[Ampuan Situmeang]]>;
<![CDATA[Rumbadi Rumbadi]]>
<![CDATA[ Journal of Judicial Review Vol 16 No 2 (2014) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Batam Island as Port and Free Trade area in accordance with Law No. 27 Year 2007 and Government Regulation No. 1 of 2007. Batam as Trade and Free Port areas including islands Watch, Setokok Island, Nipah, rempang, Galang Island, Pulau Galang The new, benefits of the implementation of the free trade zone and port 34 countries have invested in sini.Konsekuensi status Free Trade Zone is the number of investors who have a negative impact on the one hand, and the positive impact on the other side.The negative impact is environmental damage as a result of the operations of these companies, there are companies that produce hazardous toxic waste (B3), there was a company importing B3 waste into Indonesia such as PT. Jace Octavia Mandiri. Stockholm Convention of 1972, the Basel Convention on the Control of Trans boundary Movement on Hazardous Waste and Their Disposal. Indonesia ratified the Stockholm Convention was issued Law No. 32 of 2009 on the Protection and Environmental Management replaces Law Number 27 Year 1997 on Environmental Management.Batam City Government faced with a difficult choice in the application of sanctions in accordance with Law No. 32 of 2009 on the Protection and Management of the Environment, because in that regulation, administrative sanctions (ultimum Remedium) environment must be put forward before stepping other sanctions that sanctions Criminal (Premium Remedium ).]]>
<![CDATA[Analisis Yuridis Terhadap Kebebasan Pers Di Indonesia Dan Malaysia ]]>
<![CDATA[Lu Sudirman]]>;
<![CDATA[Miming Utami]]>
<![CDATA[ Journal of Judicial Review Vol 17 No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Human rights are basic rights that naturally inherent in human beings and therefore should not be taken away by anyone. The establishment of freedom of the press is a part of Human Rights. Freedom of press has been arranged in a state of laws and laws of Indonesia and Malaysia.Methodology used in this research is the normative legal research-based on 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. These results indicate that the legal provisions on freedom of dispersions in Indonesia and Malaysia has similarities and differences. The provision of equality provisions press freedom in Indonesia and Malaysia are constitutional arrangements in each country, the scope of freedom of the press, and criminal sanctions. While the provision is the difference in press freedom conditions recognition liberated press, the press council, and the code of conduct.]]>
<![CDATA[Tinjauan Yuridis Pemungutan Liar di Jembatan Barelang Kota Batam berdasarkan Peraturan Daerah Kota Batam Nomor 3 Tahun 2018 Tentang Penyelenggaraan dan Retribusi Parkir ]]>
<![CDATA[Tantimin Tantimin]]>;
<![CDATA[Elvi Elvi]]>
<![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.v21i2.669
<![CDATA[This Final Project Research aims to analyze and find out the collection of parking at the Batam City Barelang Bridge including illegal collection and to describe the role of the Batam City Transportation Agency in implementing or enforcing Batam City Regulation Number 3 of 2018 concerning Parking Management and Retribution. The research methodology used by the author is empirical legal research by examining the results of observations and interviews and is supported by legal theories and legislation in force in Indonesia. The type of data used is primary data as primary data and secondary data as supporting data consisting of primary, secondary and tertiary legal materials. This Legal Research is analyzed descriptively qualitatively. The results of the study that the authors obtained from observations and interviews were then reviewed from the theory of Economic Development according to Anwar that the tariffs for parking at the Batam City Barelang Bridge provided were not in accordance with Batam City Regulation Number 3 of 2018 concerning the Implementation and Retribution of Parking and Previously the City Transportation Agency Batam insists there are no rules that specify parking fees for tourist areas and the Batam City Transportation Agency as the related agency appointed by the Batam City Government to play an important role in Implementing or Enforcing Batam City Regulation Number 3 of 2018 concerning Implementation and Retribution of Parking Limitation as the Regulator, Facilitator, and Dynamicsator]]>
<![CDATA[Penerapan Ketentuan Pemutusan Hubungan Kerja Terhadap Karywan Pada Perusahaan Yang Dinyatakan Pailit ]]>
<![CDATA[Yudhi Priyo Amboro]]>;
<![CDATA[Jemmy Edi]]>
<![CDATA[ Journal of Judicial Review Vol 16 No 1 (2014) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[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.]]>
<![CDATA[Badan Hukum Penanaman Modal Asing dalam Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas ]]>
<![CDATA[Lu Sudirman]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 2 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Law concerning Limited Liability Company does not distinguish any foreign investment or planting of the Interior as well as local companies. All the requirements set forth in the Company Law applies equally to all types of companies. The difference between domestic and foreign, as well as companies contained in the rules of Investment Law No. 25 of 2007 which gives the requirements that must be met for foreign investment and domestic investment.The main characteristic of Limited Liability is that Limited Company is a subject to legal status of a legal entity, which in turn makes limited liability responsible for shareholders, members of the Board of Directors, and Commissioners. However, keeping up with the development of the business world so rapidly only make companies are too focused on the economic and productive activities only, so they forgot about the situation in around the operation area.The issue of social responsibility is a topic which related to business ethics, in this case there is the moral responsibility of companies not only for employees of companies but also people around the company. The strategic role of social responsibility (CSR) in Indonesia has been regulated in the Law on Limited Liability Companies. One of the booster of CSR developments that occurred in Indonesia is a paradigm shift in the business world that is not solely for profit, but also behave ethically and contribute to the creation of a social investment.]]>
<![CDATA[Peran PPAT Selaku Pengguna Layanan Hak Tanggungan Terintegrasi Secara Elektronik ]]>
<![CDATA[Zidna Aufima]]>
<![CDATA[ Journal of Judicial Review Vol 22 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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DOI: 10.37253/jjr.v22i2.1224
<![CDATA[Sejak 8 Juli 2020, pelaksanaan Pelayanan Hak Tanggungan Terintegrasi Secara Elektronik wajib diterapkan secara nasional oleh seluruh Kantor Pertanahan di Indonesia. Pelayanan ini bertujuan untuk mewujudkan kemudahan pelayanan HT-el kepada masyarakat. PPAT memiliki peran penting dalam layanan hak tanggungan terintegrasi secara elektronik. Metode yang digunakan adalah statute approach dan conceptual approach. Hasil penelitian ini dapat diketahui bahwa Peran PPAT selaku pengguna layanan hak tanggungan terintegrasi secara elektronik setelah diterbitkannya Permen ATR/BPN Nomor 5 Tahun 2020 adalah mulai dari pembuatan perjanjian kredit, pengecekan sertifikat tanah secara elektronik sebelum membuat Akta Pemberian Hak Tanggungan, Pembuatan Akta Pemberian Hak Tanggungan sampai mengupload Akta Pemberian Hak Tanggungan beserta data pendukungnya kepada Kantor Pertanahan setempat melalui Aplikasi Mitra Kerja PPAT pada https://mitra.atrbpn.go.id. Kemudian, PPAT akan menyerahkan salinan minuta Akta Pemberian Hak Tanggungan kepada debitor dan kreditor. Sementara, Akta Pemberian Hak Tanggungan yang asli disimpan oleh PPAT.]]>
<![CDATA[ANALISIS YURIDIS TINDAKAN PENYALAHGUNAAN IZIN KEIMIGRASIAN OLEH TENAGA KERJA ASING DI KOTA BATAM ]]>
<![CDATA[Eva Dian Sari]]>;
<![CDATA[Lu Sudirman]]>
<![CDATA[ Journal of Judicial Review Vol 21 No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[With the increasing foreign investment in Batam City is also a consequence of the increase in the number of foreign workers who enter the Batam City. In recent years, the situation of illegal foreign workers in Indonesia has increased. Therefore, the authors doing research about Juridical Analysis Against The Misuse of Immigration Permits by Foreign Workers in Batam City with great hope to expand knowledge and be used as guidelines for society or government. The final project of this thesis aims to know the provisions and requirements that must be fulfilled by employers and foreign workers who will be employed within the territory of the Republic of Indonesia, to know the consequences and legal consequences for foreign workers who misuse immigration permits in Batam City, and to analyze factors and the impacts arising from the misuse of immigration permits by foreign workers in Batam City. The research method used by the authors in the preparation of this research is the empirical normative is to conduct literature research on the applicable Legislation and analyze the supporting data from relevant agencies on the issues discussed in this study. Based on the results of research conducted by the authors can be concluded that against foreign workers who misuse immigration permits in Batam City will be deported and deterrenced with a period of no more than 6 (six) months and the removal of IMTA for employers who employ illegal foreign workers. As for several factors that cause the increasingly illegal foreign workers in Batam City such as the implementation of policies that have the potential to bring out illegal foreign workers; supervision conducted not yet maximal; as well as non-compliance of employers to the prevailing regulations that will result in the impact of increasing unemployment, the increasing crime and increasing misuse of drugs in Batam City.]]>
<![CDATA[International Law Analysis on the Territorial Conflict Between Israel and Palestine ]]>
<![CDATA[Elvira Octaviany]]>
<![CDATA[ Journal of Judicial Review Vol 19 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[The purpose of this research is to ascertain the reason behind the invasion of Israel to Palestine. The Invasion has started since the 19th century and caused a territorial conflict that has resulted in casualties. This research will also provide a historical analysis from the start of the Jewish invasion to Palestine and until the state of Israel and Palestine were born. This research also has the purpose to analyze what are the different approaches that has been sought by the International Law, and is it effective to resolve the conflict. The researcher will also provide the best solution to solve the conflict. This research is a normative research. Secondary data was used as the data source. The gathering of data was done by library research. After all the data were collected, the data will be processed and analyzed by qualitative way. Then a conclusion will be made from the research and will be written in descriptive. Based on this research, it can be ascertained that the reason behind the invasion of Israel to Palestine is because it is an act on where at that time the Jewish in Britain were discriminated and they need a place where they can safely settled. That action was suitable with the theory of territorial claims. It can also be analyzed that resolutions have been made by the UN, which are the UN Resolution 181 and UN Resolution 242. Negotiation had also been done resulting in Oslo Accord 1. But the approaches are considered ineffective. Israel heeds the criticism from other countries regarding the acts that were considered violating the 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War. The best way to resolve this conflict is that the whole international community has to work together by eliminating the veto system in the UN.]]>
<![CDATA[Tinjauan Yuridis Pertanggungjawaban Hukum Marketplace Online terhadap Pelanggaran Hak Cipta ]]>
<![CDATA[Alfis Setyawan]]>;
<![CDATA[Kiki Ristanto]]>
<![CDATA[ Journal of Judicial Review Vol 18 No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Internasional Batam ]]>
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<![CDATA[Online Marketplace has a strategic role in the surveillance, prevention and eradication of copyright infringement in its platform. If online marketplace does not take any necessary action, it is certain that the level of copyright infringement will increase along with the growth of national e-commerce industry. Considering the fact as stated above, author is interested in studying the legal liability of online marketplace regarding to copyright infringement, especially in the sale of pirated computer programs in pursuant to Indonesia Copyright Act. This study is using normative legal research study by applying the descriptive-qualitative method. Secondary data is applied in this study. Secondarydata is collected using the library research. Once all files have been collected, it will be processed and analyzed qualitatively, which means to compartmentalize the data based on studied aspects and described descriptively on the end. Results of this study showed that in terms of Law Number 28 of 2014 on Copyright, online marketplace is legally liable in criminal sentence in pursuant to article 114 of this copyright act and civil liability in term to article 10, breaching of article 10 is a tort of online marketplace. Furthermore, copyright owner is entitled the right to file a criminal report to police department or file a civil lawsuit through Indonesia commercial court, alternative dispute resolution and arbitration court against the copyright infringement. Few measures can be implemented by online marketplace to combat copyright infringement, included enjoinment and removal of infringing content and implementing word filter feature in the platform]]>
