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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.
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Articles 10 Documents
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Search results for , issue "Vol. 7 No. 2 (2024)" : 10 Documents clear
Emphasizing the Role of Diplomatic Agents for Repatriation of Ex-Foreign Terrorist Fighters (FTF): Study of Indonesia Triyana, Heribertus Jaka
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.333

Abstract

Repatriation of the ex-Foreign Terrorist Fighters (FTFs) has been initiated since 2020 where many ex-Indonesians are trapped and scammed in the conflicting areas. These individuals, often branded as ex-nationals upon leaving their homelands, have engaged in violent conflicts in Syria, Iraq, and beyond. With ISIS’s territorial grip weakening, these ex-FTFs now attempt to return to their origin countries, such as Indonesia. The analysis in this paper is mainly constructed by the role and function of diplomatic and consular agents on their repatriation. They are directed to the existence of customary international law as the primary source of international law in order to find out the relevance of their repatriation. It provides a legal framework of analysis on how the state conducts dealing with these complex emergencies abroad on state protection to its own nation abroad. The clarity and robust guidance could reduce complex dilemmas for the governments in managing this repatriation. While some call for imprisonment or even elimination, repatriation highlights the crucial role of reintegration and rehabilitation programs. It underscores the legal responsibilities of states under international law, advocating for the protection of human rights while maintaining national public safety conducted by diplomatic and consular agents
Revitalization of Village-Owned Enterprises to Strengthen the Community Economy in Indonesia: Between Policy and Prosperity Satoto, Sukamto; Nuriyatman, Eko; Mushawirya, Rustian; Mujib, M. Misbahul; Haq, Muhammad Izzul
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.364

Abstract

Indonesian president-elect, Prabowo Subianto, has emphasized his vision through Astacita, continuing President Joko Widodo’s Nawacita concept. The primary focus is on village development and community economic empowerment to reduce inequality and poverty. This study employs a qualitative descriptive approach, analyzing legal data, regulations, and philosophical, political, and economic perspectives related to Village-Owned Enterprises (BUMDes). The main objective is to explore the urgency of revitalizing BUMDes to encourage village development, improve the local economy, and align with policies aimed at fostering community-based welfare.  The Village Law strengthens the role of villages in development, with BUMDes acting as a key driver of the village economy. However, BUMDes faces challenges in management and competitiveness. To address this, revitalization and collaboration are necessary to increase productivity, leverage local potential, and support community welfare. The government must enhance policies, improve management capacity, and protect BUMDes from harmful competition. Digitalization and synergy between villages also present solutions to bolster the village economy in the Industry 4.0 era.  BUMDes plays a crucial role in boosting the village economy based on local potential, but participatory, transparent, and professional management is essential for its independent development. Strengthening subsidiarity and village authority accelerates sustainable development, in line with global trends in enhancing local governance and village economic autonomy. The revitalization of BUMDes is a key strategy for improving the village economy through the optimization of village funds and digitalization. Addressing management challenges requires enhanced capacity for village officials, strict supervision, and inclusive policies to foster sustainable economic growth and community welfare
Can Electronic Land Rights Registration Help Prevent Land from Mafia Practices? Rosmidah, Rosmidah; Fathni, Indriya; Supeno, Supeno; Abubakar, Yusuf Sani
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.375

Abstract

The high demand for land causes the state to regulate the land ownership and registration system to create an orderly land administration. Unfortunately, according to the Ministry of ATR/BPN in 2024, 45 percent of land has not been registered administratively, either through systematic or sporadic registration. This situation creates an opportunity for irresponsible individuals to control land through the use of land mafia networks illegally. This study aims to find the legal certainty of electronic land registration. The problem is whether or not electronic land registration can prevent land mafia practices. Through normative legal research, it is concluded that one such model that works well to ensure the prevention of land mafia is the implementation of an electronic land registration system. This approach is aligned with the use of technology in the digital era, offering more practicality and modernity, while also providing enhanced legal certainty over land ownership. Thus, electronic land registration is essential for the anti-land mafia
Clearing the Hurdle of Corruption: Indonesia’s Path to OECD Accession Cason, Christopher Michael; Hefni, Hanna Adistyana
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.379

Abstract

Indonesia has recently entered into formal talks with the Organization for Economic Cooperation and Development (OECD).  While debate persists about the wisdom of such a move, it is relevant to recognize that there are many hurdles to overcome. The OECD has provided Indonesia a roadmap outlining both procedures and substantive legislative provisions required for accession to the OECD treaty.  Among these requirements,  OECD membership candidates must establish law that are in compliance with the OECD Anti-Bribery Convention.  Given Indonesia’s history, this component may pose a significant impediment to OECD membership.  To explore this, the study examines the accession path of other recent members to the OECD and provides guidance for clear changes that are required to Indonesia’s legal framework surrounding corruption.  This study found that compliance with the OECD Anti-Bribery Convention as imperative, as demonstrated by the experiences of countries that have recently joined the OECD and other candidate countries that are further along in the accession process than Indonesia.  This research also demonstrates that significant legislative changes to Indonesia’s legal framework on corruption are required for full accession to the OECD Convention
Re - appraising the Tax Exemption of Social Enterprises (SEs) in Malaysia: Selected Tax Exemption Theories Md Radzi, Mohd Shahril Nizam; Mohd Ariffin, Rabiatul Adawiyah; Abd Aziz, Hartinie; Abd Ghadas, Zuhairah Ariff; Anas, Andi Muhammad Aswin
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.381

Abstract

Re-appraising the tax exemption of social enterprises (SEs) in Malaysia from a theoretical perspective involves the underlying frameworks that justify the current tax policies applied to SEs. SEs have increasingly become pivotal in addressing societal challenges such as poverty alleviation, environmental sustainability and community development. The approach taken by Malaysian government to taxing SEs has a notable effect in achieving their social goals. One of the significant constraints for SEs in Malaysia is their tax treatment as business entities. Despite their main purpose is for public good, identical to charitable organizations, SEs are subject to taxation like business entities. Particularly, SEs are not entitled for the tax benefit as offered to charitable organizations. The tax regulatory framework does not recognize a SEs by the legal definition and there are no established tax incentives in the current legal framework that are specific to SEs. Despite the clear fact that charity organizations and charitable activities are exempted from tax, there is no tax exemption granted for SEs in Malaysia. Consequently, SEs are treated as business entities under Income Tax Act 1967. This article utilizes the argument to justify tax exemption for SEs in Malaysia. For the purpose of this discussion, this paper applied library research approach combining legal research methodology which mainly involves document analysis such as case law, legal provision and legal theories to see how they might be used to the subject matter. The paper makes a finding that tax exemption for SEs in Malaysia could be justified based on the theories of Public Good Theory, Donative Theory and the Subsidy Theory. By applying this notion, tax exemption should be granted to SEs not only for charitable organizations
Judicial Preclusion in International Arbitration: Comparative Analysis of UK, Australia, and Malaysia’s Practices Che Rosli, Iyllyana; Ghouri, Ahmad; Ghapa, Norhasliza; Zakariah, Asril Amirul; Kamariah Musa, Murshamsul
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.385

Abstract

This paper examines the issue of judicial preclusion in international arbitration, focusing on whether an award-debtor’s failure to challenge a foreign award at the supervisory court precludes them from contesting the enforcement of an award in another jurisdiction. Through a comparative analysis of judicial practices in the United Kingdom, Australia, and Malaysia, the study evaluates the extent of harmonisation in the application of Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (NYC 1958). The findings reveal divergences: while UK and Australian courts adopt a flexible approach, allowing enforcement-stage challenges irrespective of prior actions at the supervisory court, Malaysian courts demonstrate a strong pro-enforcement bias, often deferring to the decisions of the supervisory court and restricting opportunities for re-litigation. This paper engages with the theories of res judicata and finality, exploring their interplay with judicial discretion and highlighting the tension between fairness and the finality of arbitration awards. It concludes with critical recommendations for enhancing harmonisation under the NYC 1958, including clearer guidelines on judicial preclusion, the integration of international best practices, and reforms to balance enforcement predictability and certainty in international arbitration
Juvenile Criminal Responsibility in Justice Systems: A Comparative Study of Judicial Interpretations in Indonesia and Australia Muchtar, Syamsuddin; Irwansyah, Irwansyah; Yunus, Ahsan; Pratiwi Arifin, Arnita; Faried, Markham
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.387

Abstract

This study explores the intersection balance between legal frameworks and customary obligations in the imposition of additional punishment by judges, particularly in the context of juvenile justice in Indonesia. As a normative-legal research, this study employs philosophical, theoretical, and conceptual approaches to examine how juvenile criminal justice systems of Indonesia and Australia, with focus on the Provinces of Bali and West Papua, where indigenous and local knowledge play a significant role in shaping judicial decisions. The findings reveal that Indonesian judges incorporate theological, sociological, and legal considerations when determining juvenile criminal responsibility. By blending community norms with legal principles, they aim to ensure justice that aligns with societal values. This approach underscores the significance of harmonizing legal decisions with local cultural expectations, fostering a restorative justice model that prioritizes rehabilitation over punishment. In contrast, Australia’s juvenile justice system emphasizes formal legal procedures and rehabilitation but does not integrate local cultural norms as extensively as Indonesia. By comparing these two systems, the study provides valuable insights into how legal frameworks can adapt to diverse cultural contexts while upholding universal principles of justice. This research enriches the global discourse on juvenile justice, highlighting Indonesia's experience as a compelling example of a legal system striving for justice through a culturally sensitive and restorative approach.
From Bean to Benefit: How Indonesian Intellectual Property (IP) Law Protects the Coffee Farmers in Indonesia? Waspiah, Waspiah; Niravita, Aprila; Naelufar, Rizqan; Putri, Nadiyah Meyliana; Eka Saputra, Dany
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.443

Abstract

This study addresses the urgent question: How can legal protections for Geographical Indications (GIs) as a form of Intellectual Property (IP) enhance the welfare of coffee farmers in Temanggung, Indonesia? Coffee is a vital agricultural product in this region, yet farmers face challenges in maximizing its economic potential. The research positions itself within the framework of empirical legal studies, analyzing the interplay between legal protections and agricultural sustainability. The paper discusses the issue by first examining the current state of GI protection in Temanggung, identifying both obstacles faced by farmers and the government. Through qualitative analysis, the study evaluates effective strategies for implementing GI protections and their implications for farmer welfare. The main findings indicate that while there are significant challenges in enforcing GI protections, targeted strategies—such as regular training and outreach for farmers, improved marketing initiatives, and the establishment of local regulations—can substantially enhance their livelihoods. Moreover, the research highlights the importance of increasing awareness and knowledge among farmers to leverage GI protections effectively. Overall, this study contributes to the understanding of agricultural law's role in rural development, providing actionable insights for policymakers and stakeholders aiming to support Indonesia’s coffee farmers.
Global Perspectives on Freedom of Expression in Environmental Governance: Legal Implications and Challenges Fatimah, Siti; Wiwoho, Jamal; Isharyanto, Isharyanto
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.456

Abstract

This paper explores the relationship among freedom of expression and earth-friendly governance in a global context, highlighting how the former serves as a fundamental enabler of transparency, public participation, and access to data—principles that are vital to effective earth-friendly governance. Although international legal instruments, such as the Rio Declaration and the International Covenant on Civil and Political Rights, give a framework for upholding free speech, the extent to that this right is realized in the realm of earth-friendly advocacy remains inconsistent across different regions. This research highlights challenges faced by earth-friendly activists, including political and economic pressures, suppression, and legal constraints. By analyzing case studies by Indonesia, Norway, and Brazil, this paper underscores the paradox of freedom of expression that is sometimes perceived as a threat to political stability. The findings advocate for enhanced global cooperation to protect freedom of expression inside earth-friendly law, supporting sustainable enhancement and earth-friendly justice. This paper contributes to a deeper understanding of the legal frameworks necessary to uphold freedom of expression as foundational in promoting global earth-friendly democracy.
Critical Insights into Gig Economy: A Peninsular Malaysia Case Study Abdullah, Nurhidayah; Mohd Ismail, Maria; Huzni Murad, Muhammad Syariqul; Jusoff, Kamaruzaman; Kurniawan, Faizal; Salah, Mohammed
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.460

Abstract

The rise of the gig workers has transformed the employment landscape, presenting both opportunities and challenges for workers globally. It has disrupted the traditional meaning of ‘employee’ with ambiguous and complex aspects, especially gig workers’ status. Practically, gig workers are individuals working under a contract for service with flexibility and independence elements that give them a sense of autonomy in performing their work. This study delves into the specific case of Peninsular Malaysia, investigating the issues and challenges gig workers face in the thriving market. The research adopts both library research and qualitative research methods, including interviews using a semi-structured approach. A total of 10 respondents were interviewed using a semi-structured method. The findings revealed that the challenges dwell in the issues of gig workers, which require high-time intervention of governance, policies, and legislation; there is still no definition of gig workers. There is a lack of social protection, an absence of employment contracts, an absence of price regulatory control, poor operational services, a gap between platform owners and the government, and a piecemeal institutional framework. Hence, this study offered recommendations on how to improve the enforcement.  

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