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Jambe Law Journal
Published by Universitas Jambi
ISSN : 25987925     EISSN : 2598795X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jambe Law Journal is a peer-reviewed journal published by the Faculty of Law Jambi University twice a year in May and November. It aims primarily to facilitate professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system, as well as a forum of intensive legal studies in Indonesia. Jambe Law Journal welcomes academics, scholars, university students, and others interested people to contribute the result of their studies and researches in the areas related to law, primarily Indonesian law.
Arjuna Subject : -
Articles 5 Documents
 1 
Search results for , issue "Vol. 5 No. 2 (2022)" : 5 Documents clear
The Government Use and Compulsory License: Questioning the Patent Application of Drug and Covid-19 Vaccines Rohaini, Rohaini; Dwiatin, Lindati; Eka R, Dianne
Jambe Law Journal Vol. 5 No. 2 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.2.207-227

Abstract

The pandemic of Covid-19 and the urgent global needs to immediately obtain an effective drugs or Covid-19 vaccines have impacted the competition of pharmaceutical inventions and the patent registration of drugs or Covid-19 vaccines. However, this circumstance raise pro and cons. There is concern that there will be a conflict between the economic interests of the patent holder and public interest. Patent rights granted to the inventors or pharmaceutical companies has caused difficulties of the State to provide medicines or vaccines to the public since the production and distribution of it has been fully under their control. In this regard, the government use and compulsory license mechanisms are believed to be the most likely policies by the Government for balancing the use of exclusive rights and the economic interests of patent holders. It allow the Government to access and exploit patented inventions without prior consent from the patent holder, but at the same time the patent holder still get the protection and their rights.
Meaningful Participation in Legislative Drafting as a Manifestation of a Democratic Rule of Law Nursetiawan, Eko; Ardhanariswari, Riris
Jambe Law Journal Vol. 5 No. 2 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.2.251-270

Abstract

Public participation has a significant role in the law-making process. As a manifestation of a democratic legal state, it acts as a direct form of check and balance from the people. The problem discussed in this study are: 1) what is the urgency of meaningful participation in forming legislation as a manifestation of a democratic rule of law? and 2) what are the obstacles to meaningful participation in forming legislation as a manifestation of a democratic rule of law? The research uses the normative juridical method with a statute and case Approach. Subsequent to the decision of the Constitutional Court Number 91/PUU-XVIII/2020, public participation would be more meaningful (meaningful participation), with at least 3 (three) requirements, namely: the right to be heard; second, the right to be considered; and third, the right to be explained
The Protection of Arwana Kelesak As A Native Species of Bangka Belitung Kusuma, Winanda; Permatasari, Bunga
Jambe Law Journal Vol. 5 No. 2 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.2.271-287

Abstract

The protection of wildlife should be a concern of international law that is regulated in a legal framework agreed upon by the state by respecting sovereignty in implementing international law. Yet the implementation of sovereignty is a challenge for wildlife protection. In Bangka Belitung region in Indonesia live native species, one of which is the Arowana Kelesak. This species of fish in the fresh waters of Bangka Belitung without human intervention and, yet is not a native species. The priority of local regulations on the Arowana Kelesak species is still negligible. Therefore, the efforts to make this fish endangered status have to begin from the area where they live as long as the regulations are concerned. On the other hand, the application of Indonesian laws is not prioritized. The lack of valid scientific data is another challenge. This article aims to ensure that regional regulation of Arwana Kelesak is a necessity because CITES has listed this species as endangered. International legal regulations must be the basis for protecting species that Indonesia has ratified so that the seriousness of the regulations must be clear. On top of that, scientific information from the region regarding the location of the habitat is difficult to find and cannot be used as evidence to claim the threat of extinction. Whilst, illegal tin mining activities in this area pose an additional challenge to the protection of Arwana Kelesak. It is evidence that the mining pit has damaged freshwater ecosystems, especially such native species as the Arwana Kelesak. This article argues that international law through CITES and IUCN has to be taken into account by Bangka Belitung government. Similarly, local regulations and the attention of the central government as the official management authority of CITES need to be ensured to protect the Arwana Kelesak
Implementing the ASEAN Agreement on Disaster Management and Emergency Response for Better Coordination and Simplification Procedures Triyana, Heribertus Jaka; Harjono, Novita Putri; Mcdermott, Ronan
Jambe Law Journal Vol. 5 No. 2 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.2.147-205

Abstract

This article aims to critically examine implementation of the ASEAN Agreement on Disaster Management and Emergency Response (AADMER) to cope with humanitarian assistance caused by disasters, complex emergencies and conflicts in South East Asian countries. It focusses on how the ASEAN member States initiate and implement coordination and simplification of procedures on how to deliver humanitarian assistance to victims once those situations are declared as regional concern. The analysis in this paper is mainly construed by normative legal research relied on information of facts and information of legal bases in order to find out legal gaps, ambiguity, overlapping institutions and conflict of norms on coordination and procedures between national and regional regulations, policies, programs and actions. It provides framework for analysis on how constructive engagements under the AADMER generate a distinctive legal feature for regional concerns dealing with humanitarian issues in South East Asian Countries. This article reveals that effective coordination and simplification of procedures are back bones for the AADMER implementation. Factually, regulatory impacts assessments have been assessed and factually carried out by ASEAN member States in terms of increasing their understanding, allocation of all available resources and reducing potential risks when they create and implement their national rules and regulation on disaster, complex emergency and conflicts. However, at the same time, they tend to be reluctant to take measures on underlying necessity of legitimate reasons, authority as well as their advanced resources. It is necessary to be shared to reduce capacity gaps for better effective coordination and simplification of procedures due to their narrowed understanding of state’s sovereignty to shield their unwillingness to cooperate
Legal Aspects of Indonesia's Obligation to Use Renewable Energy Imawan, Riswandha; Rehulina, Rehulina
Jambe Law Journal Vol. 5 No. 2 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.2.229-249

Abstract

The continued use of fossil fuel energy can increase the concentration of CO₂ gas in the atmosphere and is a major cause of climate change. Amid concerns about the impact of fossil fuel energy use, fossil fuels still dominate national energy consumption in Indonesia. In this position, it is important to know how the legal aspects related to Indonesia's obligations in the utilization of natural resources, especially in encouraging the use of renewable energy. This research is a normative juridical research. This research aims to analyze what legal aspects provide an obligation for Indonesia to make an energy transition. This is important to encourage the use of renewable energy in Indonesia. The results of this study show that Indonesia has an obligation to encourage the use of renewable energy, where this obligation arises from aspects of national law and from aspects of international law

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