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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. 2 (2023)" : 5 Documents clear
The Right to Water: A Comparative Study of Law in Indonesia and South Africa Imawan, Riswandha
Jambe Law Journal Vol. 6 No. 2 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.2.103-124

Abstract

Water is essential for human life, so it cannot be denied that water has an important role in fulfilling other human rights, such as the right to life and the right to health. This implies the importance of good regulations related to water resources to ensure access and fulfillment of the right to water. This research seeks to answer the question of how regulations related to the right to water in Indonesia and South Africa compare, and most importantly whether these regulations are in accordance with international conventions, namely General Comment Number 15 on the Right to water. South Africa was chosen as a comparative country because its Constitution explicitly mentions the right to water for its people. This research was conducted using a comparative method of relevant laws related to the regulation of the right to water in Indonesia and South Africa. The results showed that Indonesia and South Africa have good regulations related to the right to clean water. Regulations related to water resources in both countries also support the efforts of both countries to fulfill the right to water.
Local Wisdom in Indonesia: Assessing its Legal Status and Role in Forest Protection Helmi, Helmi; Pebrianto, Dony Yusra; Hafrida, Hafrida; Kusniati, Retno; Saputra, Beny
Jambe Law Journal Vol. 6 No. 2 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.2.125-141

Abstract

This study delves into an examination of the role played by local wisdom in the protection of forests. The recognition and acknowledgment of local wisdom, enshrined in customary law within the environments of indigenous peoples, encounters challenges, particularly when the legitimacy of customary law itself is in question, especially concerning forest protection. In addressing these concerns, a normative juridical approach was employed to scrutinize legal source materials. The findings of this research affirm that the recognition of indigenous peoples as legal entities, particularly under international law, necessitates collective consideration. Through this conceptual framework, indigenous peoples can assert their aspirations autonomously and even advocate for international policies aimed at safeguarding and upholding the rights of indigenous peoples globally, with predetermined terms and conditions. The study underscores the contribution of local wisdom to forest protection, exemplified by the formulation of customary forest concepts applicable to indigenous communities. Local wisdom has demonstrated efficacy in averting and mitigating forest damage, particularly within customary forest areas, owing to the steadfast adherence of indigenous peoples to the principles encapsulated in their customary law. Moreover, the effectiveness of local wisdom in forest preservation is bolstered by the intrinsic characteristics of traditional indigenous communities, fostering wise and sustainable forest management practices. The study posits that the normative nature of customary law, as a living legal entity, may face ineffectiveness, potentially jeopardizing its own existence. Nonetheless, it contends that the state should formally recognize the exclusivity of customary law through constitutional and legal frameworks, thereby fortifying the application and viability of customary law within predetermined geographical areas and communities designated by the government
In Dubio Pro Natura: in Doubt, should the Environment Be a Priority? A Discourse of Environmental Justice in Indonesia Arifin, Ridwan; Idris, Siti Hafsyah
Jambe Law Journal Vol. 6 No. 2 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.2.143-184

Abstract

This study explores the critical question of whether the environment should be prioritized in situations of uncertainty, encapsulated by the Latin phrase “In Dubio Pro Natura” (In Doubt, For Nature). Focusing on the context of Indonesia, the discourse navigates the complex terrain of environmental justice. The study delves into the multifaceted challenges faced by Indonesia, considering economic development, social equity, and ecological sustainability. By examining cases of environmental degradation, resource exploitation, and their societal implications, the study aims to shed light on the ethical dimensions of decision-making in the face of environmental uncertainties. Drawing on diverse perspectives, including indigenous knowledge and international frameworks, the discourse advocates for a nuanced approach that balances economic growth with environmental stewardship and social justice. Ultimately, this study outlines the necessity of reevaluating priorities, fostering sustainable practices, and ensuring equitable environmental policies for the well-being of present and future generations in Indonesia.
Blue Carbon: Integrative Management of Coastal Ecosystems Based on Regional Autonomy Anwar, Muhammad Syaiful; Ruhtiani, Maya; Hendriana, Rani
Jambe Law Journal Vol. 6 No. 2 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.2.185-204

Abstract

Coastal ecosystems are unlimited natural resources owned by archipelagic countries. The division of management of coastal areas in the use of blue carbon between the central government and regional governments based on regional autonomy needs special attention. The article implies a strat­egy that recognizes the importance of coastal ecosystems, particularly in blue carbon sequestration, and advocates for a comprehensive and decen­tralized management approach that considers the unique characteristics and needs of different regions. This approach aligns with the concept of regional autonomy, emphasizing the involvement of local authorities in decision-making processes related to the management of coastal ecosys­tems. The focus of this article is to determine the urgency for the state to have absolute control over coastal areas in utilizing blue carbon based on regional autonomy and to determine the extent to which the pattern of sustainable blue carbon policy management in coastal areas is a form of state accountability. This article shows that regional government participa­tion in blue carbon management in coastal areas must be done based on their restricted autonomy rights, a systematic and structured sustainable, integrative policy pattern in environmental management as a form of en­vironmental protection.
Returning the Stolen Land (The Current Settlement of the Senamanenek Kampar Indigenous People with PT. Perkebunan Nusantara V) Firdaus, Firdaus; Hendra, Rahmad; Samariadi, Samariadi; Firmanda, Hengki
Jambe Law Journal Vol. 6 No. 2 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v6i2.316

Abstract

Conflicts over land between Senamanenek Indigenous Peoples of Kampar Regency and PT. Perkebunan Nusantara V has occurred since the early 1990. While national legislation acknowledges adat (customary) as a legitimate basis for rights, the current legal framework presents significant hurdles for communities seeking to assert their land claims based on adat rights. As an empirical legal research, this study tries to propose a new dispute resolution model to deal with the problem. This research found that government intervention as the owner of State-Owned Company capital determines the resolution of customary land disputes such as the PTPN V and Senamanenek Indigenous Peoples disputes. The settlement was carried out after receiving a presidential order and the United Indonesia Cabinet Limited Meeting results by returning the land and its contents from the PTPN V to the government. Then, the government hands over to individual Senamanenek Indigenous Peoples members who are issued certificates of ownership through the TORA mechanism.

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