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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 3 Documents
 1 
Search results for , issue "Vol. 8 No. 2 (2025)" : 3 Documents clear
Reassessing Functional Differentiation and Dominus Litis Under Indonesia’s New Criminal Procedure Code Huda, Chairul; Yulia, Rena; Romdoni, Muhamad; Saefudin, Yusuf; Ismail, Noorfajri
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/ymmfk139

Abstract

The enactment of Indonesia’s Criminal Procedure Code 2025 (KUHAP 2025) marks the strengthening of the integrated criminal justice system, positioning the principle of functional differentiation as a primary tenet in the administration of criminal proceedings. Under its provisions, KUHAP 2025 clearly defines the authority of law enforcement institutions, ensuring that their respective functions are not encroached upon. However, the principle of dominus litis still places the prosecutor as the controller of the case, raising questions regarding the boundaries of authority between the fact-finding process conducted by investigators and the assessment of the appropriateness of prosecution. This study focuses on how the limits of investigative and prosecutorial authority within the KUHAP 2025 should be understood proportionally to ensure that the application of dominus litis does not obscure the neutrality of investigations. Clarifying these functional boundaries is essential to prevent the integrated criminal justice system from collapsing into one that conflates authorities, but functions as a cooperative framework that preserves objectivity in uncovering the truth. The study relies on the perspective of the KUHAP 2025, which promotes integration in the criminal justice system by differentiating – not unifying – authorities, allowing functions to complement and supervise one another. By distinguishing investigation as the discovery of factual guilt and prosecution as the evaluation of legal guilt, this research shows that functional differentiation and dominus litis are not opposing principles. Rather, they constitute complementary concepts necessary to avoid overlapping authorities in law enforcement practice.
From Misbehaviour to Courtroom: Analyzing Malaysia’s Legal Approach to Children Beyond Parental Control Syed Nong, Shariffah Nuridah Aishah; Ismail, Nazli; bin Mustaffa, Aminuddin; binti Bidin, Asiah; Abu Taher, Mohammad
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/40hknt39

Abstract

Youth misconduct such as truancy, running away from home, smoking, and staying out late remains a recurring concern in Malaysia where public alarm has been amplified by viral social media cases. Legally, such adolescents fall under the category of “children beyond control” in the Child Act 2001. Between 2017 and 2023, the Department of Social Welfare recorded 1,534 cases nationwide, 40 of which were from the state of Terengganu. Failure to address such behaviour risks escalating into delinquency and crime, highlighting the need for early intervention. This study aims to identify the most prevalent forms of uncontrollable behaviour in Terengganu, examine legal procedures and rehabilitation orders imposed by the Court For Children, and propose improvements to strengthen child welfare protection. Using a descriptive socio-legal methodology, qualitative data were collected through semi-structured interviews with magistrates, welfare officers and probation officers, supplemented by library research. Findings indicate the need for comprehensive intervention strategies to ensure protection, rehabilitation, and reintegration. The study contributes to scholarship and practice by aligning case management with the National Child Policy and the United Nations Convention on the Rights of the Child, while offering practical insights to improve the handling of children beyond control in Terengganu.
The State, Ulayat Rights, and Forest Conversion: Opportunities for the Talang Mamak Community? Firmanda, Hengki; Nurbani, Erlies Septiana; Wafi, Mahmud Hibatul; Samariadi; Manik, Rahmat GM; Supaat, Dina Imam
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/djvns843

Abstract

This study examines the potential reclassification of forest areas from National Park status to customary land (ulayat) for the Talang Mamak indigenous community in Riau. The issue stems from a longstanding conflict between the government and the Talang Mamak people, who feel that their traditional rights to the forest have been seized by the state through conservation policies. The research is positioned as a critique of the misalignment between state environmental policies and the recognition of indigenous rights, particularly in the management of natural resources. The research method used is a juridical-sociological approach, combining policy analysis through literature review and field interviews to gather perspectives from the indigenous community, as well as legal frameworks related to customary land rights and forest management. The findings show that the state’s centralized, conservation-oriented policies often conflict with sustainable forest management practices that the Talang Mamak people have followed for centuries. This conflict is exacerbated by the weak recognition and legal protection of the community's customary land rights. However, there is significant potential to reclassify the forest into indigenous-managed areas, provided there is strong policy support and active participation from all relevant stakeholders

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