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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 15 Documents
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Search results for , issue "Vol. 8 No. 1 (2025)" : 15 Documents clear
Food Waste Management in Malaysia: A Systematic Review of Legal and Policy Approaches Idris, Siti Hafsyah; Mohd Noor, Noor Farihah; Arifin, Ridwan
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.363

Abstract

One type of waste can be distinguished from another, regardless of whether it was generated in an industrial, commercial, residential, or other setting. However, in the context of this investigation, it is of the utmost importance to do so. Malaysia, a developing country, has been using end-of-pipe treatment or regulation for some time now. The treatment and regulation done at the end of the pipe are, however, both inefficient and ineffective to a significant degree. Malaysia ought to pursue a variety of approaches to the management of waste, including the reduction of waste at its source and the minimization of waste. In order to reduce pollution, the laws that are currently in place need to be strengthened. The improper management of waste, both municipal and industrial, has the potential to have adverse effects on the health of humans. From a legal standpoint in Malaysia, we have compiled a summary of the published, studied, implemented, and discussed findings from around the world regarding food waste management. In total, 144 articles were examined. Coverage analysis of empirical studies was conducted using data from the case studies application to compare and contrast the two types of data. Finally, a research agenda was developed by extracting recommendations for future research from the articles in order to signal trends and assist academics, researchers, practitioners, and other stakeholders involved in the food chain in developing and studying practices to sustain and support stakeholders' actions to reduce food waste in urban areas, farms, retail, and other sustainable ecosystems.
Indonesia’s Open Banking Future: Designing Effective Regulatory Approaches Pati, Umi Khaerah; Pratama, Anugrah Muhtarom
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.371

Abstract

To determine the most suitable approach for framing open banking regulations, it is crucial to understand the specific goals of open banking adoption in a particular country. By employing a legal comparative approach, this paper explores regulatory frameworks for designing open banking regulation in Indonesia. The analysis encompasses key legislative instruments, such as the Payment Services Directive 2 (PSD2) in the UK, Consumer Data Right (CDR) in Australia, General Data Protection Regulation (GDPR) in the EU, and relevant Indonesian laws. The research finds that the Indonesian Financial Services Authority (OJK) Regulation adopts a ‘bank-centric’ model, granting financial institutions discretionary power over TPP access by establishing bilateral partnerships to facilitate data access. Contrastingly, jurisdictions like the EU, UK, and Australia employ legislative tools that obligate banks to provide TPPs access to customer data upon explicit consent. The ‘bank-centric’ model under OJK Regulation could reduce consumer choice. Additionally, conflicts of interest may arise, with banks favoring their TPPs, undermining fairness. Lack of standardized access might cause market fragmentation. To achieve the objectives outlined in visions two and three of the BSPI 2025, it is crucial to shift from a ‘bank-centric’ model to an inclusive framework that fosters broader participation. This objective can be achieved through the implementation of standardized APIs and a centralized accreditation system for Third-Party Providers (TPPs), as observed in the three countries.
The Application of Maqasid Shariah in Takaful for The Protection of Unsecured Creditors Ossofo, Assane Buana; Abd Aziz, Hartinie; Abd Ghadas, Zuhairah Ariff; Remli, Norizan; Abdullah, Nurhidayah; Mohiddin, Mas Nooraini
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.384

Abstract

This paper proposes expanding the concept of “Musibah” (calamity) and misfortune within the Takaful framework in Malaysia to encompass financial distress scenarios, such as compulsory winding up due to a court’s order. This expansion seeks to protect unsecured creditors, a group currently vulnerable to such events. In examining the current limitations of Takaful, the study identifies significant gaps in coverage that leave unsecured creditors exposed to financial risks. The current application of Takaful, primarily covering accidents and disasters, is scrutinized for potential extension to unforeseen financial calamities. By applying the principles of Maqasid Shariah, this study explores the transformative potential of Takaful as a mechanism for broader economic security and justice. Through qualitative methods and a critical review of existing Takaful practices, this research underscores the urgent need to reevaluate the operational frameworks to effectively protect unsecured creditors. This proposed expansion aligns with the core principle of mutual assistance and risk sharing in Shariah, thus enhancing the resilience and inclusivity of the Islamic financial system in Malaysia
Digitized Education Delivery in Indonesia: Constitutional Right or Vacuous Sophistry? Budhiartie, Arrie; Pradhan, David; Hasnda, Nuchraha Alhuda; Iswandi, Iswandi
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.401

Abstract

Education is a recognized Constitutional Right in Indonesia. In recent times, digitization of education has emerged as a transformative force, revolutionizing the way knowledge is disseminated and acquired. However, implementing universal digitization of education in Indonesia requires a multifaceted approach, centred on a legal rights regime, founded on Constitutional equality of access and mediated through technological intervention. This legal article, based on secondary sources, elaborates on the prerequisites of Constitutional Rights and Constitutionalism from a legal rights-based perspective for successful digitization, highlighting the importance of infrastructure, inclusivity, and pedagogic considerations in the digitization of Education. Acknowledging the imperative of digitization of education in Indonesia, it identifies the legal gaps in the regulation of technology-mediated education, addresses issues of legality and equity in implementing online education, and suggests legal measures for ensuring standards and acceptance of online education in Indonesia. The article posits that digital online education needs to be legally regulated to ensure standards of education and equity of access in consonance with Indonesian Constitutional principles and legal recognition of Education as an inalienable Constitutional Right.
Utilitarianism Versus Communalism: A Legal Theory Analysis of Intellectual Property Rights Ethics in Global North and South Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Disantara, Fradhana Putra; Budiana, I Nyoman; Nutakor, Briggs Samuel Mawunyo
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.450

Abstract

The development of the idea of ​​intellectual property has become a separate debate related to countries in the Global South and countries in the Global North. Global South and Global North are concepts used to distinguish between developed and developing countries in social, economic, and political contexts. This study aims to analyze the views of utilitarianism versus communalism in understanding intellectual property rights in Global North and Global South countries. This study is a normative legal study that prioritizes conceptual, historical, and philosophical approaches. The results of the study confirm that the differences in views between Global North and Global South countries on intellectual property reflect global economic and political inequality. Global North countries support strict intellectual property protection to maintain their economic and technological dominance, while Global South countries want a more flexible system to ensure fair access to technology, medicines, and protection of traditional knowledge. Global North countries see IP protection as a driver of innovation and economic growth, based on the theory of utilitarianism, while Global South countries prioritize the principle of communalism to ensure fair access to technology and knowledge. To achieve balance, inclusive policies, international cooperation in research and development, and integration of communal values ​​in IP policies are needed, in order to create social justice and redistribution of global wealth
Microplastics in Indonesian Seafood: Are Codex Alimentarius Standards the Missing Piece? Septaria, Ema; Iskandar, Iskandar; Yamani, M.; Helmi, Helmi; Khalid, Rasyikah MD
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.470

Abstract

The spread of microplastics in fisheries products poses an immediate danger to food safety, the environment, and international commerce, particularly for Indonesia, one of the world’s top seafood exporters. This paper evaluates the legal adequacy of Codex Alimentarius standards regarding microplastics pollution in the domain of Indonesian fisheries law. This study employs a normative legal approach alongside a comparative analysis of the Indonesian laws on food safety and the environment to pinpoint gaps in legislation and international standards, as well as structural obstacles to the integration of international benchmarks. It also studies policy practices from the European Union to extract lessons applicable to Indonesia. By analyzing microplastic regulation under Codex Alimentarius, this study challenges existing assumptions where the guidance is considered “soft law” by legal scholars and aims to fill a gap in legal discourse. Furthermore, the study illustrates a step-by-step approach to domesticating the Codex through international law on environment and trade by suggesting a framework that would enable them to be implemented. The results clearly indicate the urgency to reinforce the control system in Indonesia to reconcile it with international instruments of law in terms of human health and sustainable commerce. This research highlights emerging issues regarding the intersection of food safety, environmental crime, and international legal oversight in lower-income nations where scholarly literature is scarce.
Reforming Indonesia’s Electoral System: Legal and Policy Considerations Arifin, Firdaus; Maarif, Ihsanul; Bunyamin, Bunyamin; Bahri, Robi Asadul; Murbani, Anastasia Wahyu
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.501

Abstract

The regulatory fragmentation between the Election Law and the Regional Election Law has created overlapping policies, misaligned oversight, and administrative inefficiencies that undermine the legitimacy of democracy in Indonesia. This study aims to analyze the legal and policy challenges in integrating the electoral and regional election systems to improve efficiency, transparency, and accountability in democratic governance. The research employs a normative legal approach through legislative analysis, conceptual exploration, and comparative studies of integrated electoral systems in the Philippines and Mexico. The findings indicate that integrating electoral and regional election systems can reduce operational costs, strengthen oversight mechanisms, and enhance public trust in election outcomes. However, this requires regulatory harmonization, the strengthening of information technology infrastructure, and capacity-building for electoral management bodies. The implications of this research include recommendations for holistic legal reforms to align election regulations and the implementation of evidence-based policies involving various stakeholders in the policymaking process. This study contributes to constitutional law and democratic governance in Indonesia by analyzing the legal inconsistencies between the Election Law and the Regional Election Law and proposing a harmonization framework to improve regulatory coherence and institutional effectiveness
Reclaiming the Unwritten: Living Law’s Prospects under Indonesia’s 2023 Penal Reform Masyhar, Ali; Aisy, Rohadhatul; Widyawati, Anis; Maskur, M. Azil; Murtadho, Ali
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.502

Abstract

The enactment of the Indonesian Criminal Code (KUHP) marks a significant reform in the country’s criminal law system. One of the most notable changes is the formal recognition of living law as a source of criminal law. This recognition provides space for the incorporation of local values and indigenous customary wisdom into the national legal system. However, this provision has sparked controversy, particularly due to its potential conflict with the principle of legality and the protection of human rights. In principle, modern criminal law requires that only acts explicitly regulated by legislation can be subject to punishment. Therefore, the application of unwritten norms as a basis for criminal liability poses serious challenges to legal certainty. This study aims to analyze the prospects of applying living law under the new KUHP by examining its formalization, limitations, and implications for the principle of legality and human rights. This research employs a normative juridical and comparative approach, analyzing statutory regulations, legal doctrines, and practices from several other countries. The findings indicate that the implementation of living law can only be carried out in a limited and conditional manner—through formalization via local regulations, judicial oversight, and assurance that customary norms do not contradict the Constitution. If formulated and applied correctly, the recognition of living law can improve access to social justice, strengthen the legitimacy of law, and contribute to building a peaceful and inclusive society within a sustainable legal development framework
From Ceremony to Substance: Reforming Problem Inventory List-Based Local Regulation Discussion in Indonesia Syam, Fauzi; Rahmi, Elita; Syamsir, Syamsir; Maulana, Rio Yusri; Sukmana, Teja
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.505

Abstract

One of the key weaknesses in the quality of regional legislation in Indonesia is the lack of an explicit requirement to use a Problem Inventory List (DIM) during the deliberation of draft regional regulations (Ranperda). This study aims to fill an academic gap by analyzing the regulation and practical use of DIM in the Rules of Procedure of provincial Regional People's Representative Councils (DPRD), a topic that has received limited attention in Indonesian legal literature. Using a normative legal approach and a descriptive-qualitative method, the study examines 14 provincial DPRD Rules of Procedure from 2024 and includes participatory observations conducted at the Jambi Provincial DPRD. The findings reveal that most DPRDs do not regulate the use of DIM-based deliberation for Ranperda. As a result, the legislative process is often ceremonial in nature, lacks public participation, and contributes to the low quality of regional legislation. The study recommends revising Government Regulation concerning the Formation of Regional Legal Products to make the use of DIM mandatory in Ranperda deliberations at the national level
Electoral Law Reform from the Perspective of Responsive Justice: A Comparison of Indonesia, India, and Australia Sudarmanto, Kukuh; Arifin, Zaenal; Kusudarmanto, Ayu Melati Ratuningnagari Anisa; Jain, Vaibhav
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.513

Abstract

The current research aims to depict how the principle of responsive justice is incorporated in the process of electoral law modification in Indonesia, India, and Australia, as well as to explain the reasons for their differences and the problems of achieving responsive justice in these countries. These objectives are attained through a normative legal approach which includes, but is not limited to, comparative studies, descriptive and explanatory analysis, as well as library research on the electoral legal frameworks of these three nations to determine their compliance with the principle of responsive justice. The results show that the socio-political and economic environment of each country shapes the responsive justice principles to electoral law reforms in the three nations. An open proportional system, coupled with the guarantee of women’s representation is formulated in Indonesia, but suffers from money politics and party system fragmentation. Though the fact governance infrastructure and configurations of elections e.g. government style and usage of Electronic Voting Machines (EVM) technology brings a lot of complexity, India does use the first-past-the-post (FPTP) system, which is less proportional. The EVM technology and FPTP system allow for reserved seats for the marginalized groups as well. Australia stands out with preferential voting, mandatory voting, and accessibility for marginalized groups, although campaign finance transparency remains an issue. Challenges include the influence of political elites, weak legal oversight, and disproportionate representation, while opportunities lie in the use of technology, improved political education, and more transparent and accountable inclusive policies This research is significant because it addresses both theoretical and practical needs in electoral law reform, provides valuable comparative insights, and offers an approach oriented toward substantive justice. These three countries offer valuable lessons in developing electoral systems responsive to societal needs and the challenges of modern democracy.

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