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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. 6 No. 1 (2023)" : 5 Documents clear
Development of a Disaster Mitigation Model Based on Local Wisdom Ikbal, Mohammad; Syamsuddin, Adiesty Septhiany; Korompot, Ratu Ratna; Yoshida, Kunihiko
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.47-67

Abstract

In recent years, earthquake mitigation is no longer dominated by pure science, but it moves towards various approaches based on sociology and anthropology. The main question of this paper is how local wisdom affect the way the people of Palu City faced disasters before there were legal arrangements and legislation regarding disasters and how to integrate this knowledge with the legal substance formulated by the government. Despite having a disaster mitigation policy, the local community and local government showed no disaster preparedness resulting in insurmountable victims and damage, even though they already live in a disaster-prone area. Therefore, a better system based on the integration of local wisdom that is obeyed by the local community needs to be established. Local wisdom is part of the Indonesian legal system, as it can be used as a material source for legislation. Through this research, we explored the possibility of accommodating local wisdom into the government's policy in the form of legislation using a case study from Pasigala, the region that used to be most heavily impacted by the 2018 earthquake. As a result, a model of disaster mitigation based on local wisdom was created and can be implemented as a local policy
ICJ Jurisdiction Over the Case of Policy to Stop Nickel Exports: European Union v. Indonesia Gunawan, Yordan; Amirullah, Muhammad Nur Rifqi; Arumbinang, Mohammad Hazyar
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.1-22

Abstract

The purpose of this paper is to explore the jurisdiction of the International Court of Justice (ICJ) regarding the European Union's legal action against Indonesia in response to Indonesia's policy to halt the export of raw materials derived from nickel ore. The research methodology employed for this paper is normative legal research, relying primarily on legal materials that encompass normative law for data collection. The outcome of this study indicates that Indonesia has implemented a measure to cease the export of raw materials derived from nickel ore, leading to the domestic downstream management of mineral resources within the country. In addition, the purpose of the export stop is the strong desire of the Indonesian government so that all raw materials are managed domestically and can invite investors from abroad to invest in Indonesia. However, the European Union (EU), as one of the enthusiasts and consumers of nickel ore raw materials, objected to the policy issued by Indonesia. The form of objection from the EU is to sue Indonesia to the WTO. The EU objected to the policies issued by the Indonesian government because they could interfere with various policies taken by the EU. The policy is expected that in 2050 the EU will be free from CO2 emissions. Furthermore, the EU argues that the cost of nickel ore, once domestically managed, is anticipated to undergo a significant increase, surpassing the prevailing market price. The author scrutinizes the jurisdictional aspects regulated by the International Court of Justice (ICJ) within this context
Progressive Consderation of Judges in Deciding Sentencing Under Indonesia New Criminal Code Faisal, Faisal; Rahayu, Sri; Rahayu, Derita Prapti; Darmawan, Anri; Yanto, Andri
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.85-102

Abstract

The WvS Criminal Code of the Dutch colonial legacy does not formulate the objectives and guidelines of punishment in it, there are only rules for retaliatory criminal provision. The National Criminal Code has formulated explicitly the purpose and guidelines of punishment in it as a reference for judges in sentencing crimes. The purpose of this study is to analyze the basic idea of the objectives and guidelines of punishment which then the objectives and guidelines of the punishment will be a progressive consideration of judges in deciding the criminal conviction of criminal offenders. The research method used is normative legal research. The focus of the research analysis is on the concept of norms Article 51 to Article 54 of the National Criminal Code concerning the objectives and guidelines for punishment. Using the Law approach and analytical approach in explaining problems with the study of literature literature. The results of the study concluded that the basic idea of the purpose and guidelines of punishment is how criminal punishment can be humanist and in accordance with the values of Pancasila. There are at least 3 points that are considered as the basic idea of the goals and guidelines for punishment, namely uphold goals, strengthen principles and review guidelines. Furthermore, the purpose and guidelines of sentencing will be the affirmation and progressive consideration of the judge in sentencing the crime. Judges in enforcing the law become less rigid so that the balance between intellectual and spiritual intelligence plays an important role. Imposing crimes with a sense of humanity and justice. Punishment must contain humanitarian, educative and justice elements
The Role of Environmental Principles in Mining Resources: A Discourse of Islamic and Indonesian National Law Hidayah, Ahdiyatul; Fahrozi, Faturrahman; Rifani, Ahmad
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.23-45

Abstract

Human life is inherently intertwined with the environment, serving as the backdrop for all daily activities. It is within this environment that individuals fulfill basic needs such as sustenance, shelter, and resources, often without a full appreciation of the environment's profound significance. The extraction and utilization of resources, particularly from mines within the Earth, play a pivotal role in meeting human needs. This study highlighted that mine, as products derived from the Earth's depths, merit responsible stewardship to ensure sustainable use. It is imperative for humans to recognize the broader societal implications of mining activities beyond personal interests. Islamic principles advocate for the equitable distribution of mining resources as a communal right and shared property. This perspective allows for the enjoyment of these resources by all individuals. Islam does not preclude the delegation of mining resource management to the government, emphasizing national prosperity. In tandem with Islamic principles, Positive Law acknowledges the government's authority to grant mining rights to various entities. Private businesses, cooperative entities, and individuals are among those eligible for such rights, contingent upon obtaining proper business licenses from relevant authorities. This legal framework aligns with the overarching goal of fostering national development and ensuring responsible resource management for the benefit of society.
Rethinking the Future of Indonesian Coffee: Legal, Social, and Political Perspectives Hartati, Dwi Surya; Oktaviarni, Firya; Windarto, Windarto
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.69-84

Abstract

The idea of the Geographical Indication (IG) for coffee is not only to achieve high-quality of products but also to enhance the standard of benefits for coffee farmers. This article demonstrates discrepancies between hope and reality; quality and economic impact prevailing in the case of coffee products in Jambi Province of Indonesia. It is argued that such discrepancies potentially degrade coffee’s future in Indonesia due to farmers’ ignorance. Besides, the government policy concerning the IG has ended up with gaps between farmers’ orientation and the government’s political interest and policy in utilizing the coffee GI rights. Data were collected to analyze and address the problem from legal, social, and political perspectives. Our findings emphasize the government’s role as the grantor of rights to manage GI rights in a holistic context beyond legal positivism in order to enhance the benefits of coffee farmers in Indonesia

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