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Jambe Law Journal
Published by Universitas Jambi
ISSN : 25987925     EISSN : 2598795X     DOI : https://doi.org/10.22437/40hknt39
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jambe Law Journal (JLJ) an international open-access journal published by the Faculty of Law, Universitas Jambi, Indonesia. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues as well as to publish innovative legal researches concerning Indonesian laws and or legal system. The Journal centres its focus and scope on the critical domain of Environmental Law and Natural Resources Law (such as Biodiversity Conservation, Environmental Impact Assessment (EIA), Land Use and Spatial Planning, Climate Change Law, Environmental Justice and Social Equity, etc). In addition, the journal also covers issues related to legal studies in any perspectives, covering but not limited to criminal law, civil law, constitutional law, administrative law, international law, Islamic law. The journal particularly encourages submissions that employ diverse analytical perspectives, such as sociological, anthropological, criminological, victimological, feminist legal theory, philosophical, or Islamic perspectives, to enrich legal discourse and promote a deeper understanding of law within its social, cultural, moral, or religious contexts.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Search results for , issue "Vol. 8 No. 2 (2025)" : 15 Documents clear
Legal Implications of Islamic Banking in Advancing Sustainable Finance for Indonesia’s Net-Zero-Emission Programme
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/txgw8142

Abstract

Islamic banking is increasingly expected to contribute to Indonesia’s net-zero-emission agenda, yet the integration between Shariah principles and environmental governance remains limited. Although national development plans recognise Islamic finance as an enabler of green transformation, no coherent framework currently links maqashid al-Shariah, mashalah, and ecological sustainability with forest governance and carbon-economic-value mechanisms. This study aims to fill the gap by examining the potential of Islamic banking instruments to support low-carbon development, particularly in West Nusa Tenggara, a pioneer region for carbon-value implementation. Employing a mixed doctrinal–empirical method—including legislative review, conceptual analysis, observation, and a questionnaire distributed—the study identifies structural weaknesses in existing financing systems, such as collateral dependence, regulatory fragmentation, and ecological risk. While the empirical findings reveal strong societal support for Shariah-compliant green financing, the Islamic banking instruments such as mudarabah, musyarakah, istisna, green sukuk, and cash-waqf-linked sukuk provide equitable risk-sharing, asset-based long-term financing, and supportive social-finance mechanisms. The study concludes that Islamic banking can meaningfully contribute to Indonesia’s net-zero targets, provided that regulatory harmonisation, operational guidelines, and government incentives are strengthened to institutionalise Shariah-compliant green finance.
Reconstructing Rape Sanctions in Indonesia: Towards an Integrated Value Framework
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/h61j7k90

Abstract

The research examines the criminal sanctions against rape offences in Indonesia and evaluates their consistency with the principles of justice within the framework of Indonesian values. The research revealed that the Indonesian criminal laws have not provided maximum protection to rape victims and have not reflected the value of substantive justice due to the relatively lenient criminal sanctions and the absence of moral and religious aspects in their formulation. As a result, the protection of the victims is normatively abandoned. While previous studies have failed in formulating a unified model of justice for rape victims, the present research addresses this gap by synthesizing Indonesia’s fundamental normative frameworks, representing the living law in Indonesia. Arguing that living laws can operate more effectively and foster compliance within society, this research proposes an integrative and equitable model of punishment that combines modern penal principles with Islamic legal values that serve as the philosophical, moral, and sociological foundations for reforming national criminal law, particularly in efforts to address such sexual punishment as rape. The theoretical contribution of this research is to provide a new perspective regarding the penalization of rape by encouraging the principles of Maqāṣid al-Sharī’ah as an alternative normative approach, combined with Pancasila, modern perspective. Moreover, it provides practical recommendations for revising the formulation of rape sanctions in the Indonesian Criminal Code to better reflect justice for victims and to have a strong deterrent effect on perpetrators, while granting rights for the victims.
Legal Study of Energy Management and Environmental Conservation in the Islands Region Based on Human Rights
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/g4t56p74

Abstract

Equal distribution of energy is still not truly realized for communities in remote areas in island provinces, especially Maluku. The reality shows that recht idee is still part of the long struggle of Indonesian society, especially in eastern Indonesia. Scientific studies regarding energy justice are a relatively new object of study. In fact, legal research regarding the influence of island cluster development on energy distribution in archipelagic provinces has never been carried out before. For this reason, this research was carried out to answer legal problems related to the design of equitable energy fulfillment based on human rights. The research method used is normative juridical research. Based on the research, it was found that fair energy management in fulfilling human rights in archipelagic provinces should be based on the application of norms and the aim of establishing norms in the context of protecting human rights and humanitarian aspects based on the principles of: (1) The principle of equality; (2) Community participatory principles; (3) transparent principle; (4) principles for implementing the protection of Human Rights; (5) the principle of justice in regulations for island provinces; (6) Principles of utilizing renewable technology and resources.
Safeguarding Personal Data in Indonesian E-Commerce from a Constitutional Rights Perspective
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/x5q9y093

Abstract

The increasingly massive digital transformation has driven significant growth in e-commerce transactions in Indonesia, but it has also increased risks to consumers' personal data security and privacy. This research analyzes personal data protection in e-commerce transactions through a constitutional rights perspective. The research method used is a normative juridical approach, with a statutory, case-based, and comparative approach. The results show that although the constitution provides a normative basis for privacy protection, its provisions are still general and require elaboration through sectoral and comprehensive regulations, such as the Personal Data Protection Law. However, its implementation still faces challenges, including weak compliance by electronic system administrators, a lack of digital literacy among the public, the absence of a truly independent supervisory authority, and increasing cyber threats. Meanwhile, in Singapore, the Personal Data Protection Act (PDPA) demonstrates that successful data governance depends on a strong regulatory framework, an independent supervisory body, and a culture of organizational accountability. Based on this comparison, the study recommends a more operational and proactive data protection strategy, including the establishment of a Centralized Data Breach Response Hub, the implementation of privacy by design and privacy by default, and the development of a national roadmap that integrates technological innovation, institutional reform, and cross-sector collaboration
Reforming Ethical Policing in Indonesia: Legal Protection for Conscientious Objection and the Duty to Disobey Unlawful Orders
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: 10.22437/5w3e5821

Abstract

In the context of police institutions in Indonesia, members of the police force are often faced with a dilemma when receiving orders from superiors that have the potential to violate the law. On the one hand, there is an obligation to uphold the law and protect human rights. The conflict raises legal questions about the extent to which police officers in Indonesia are protected when they refuse or disobey unlawful orders, based on the principles of the right to conscientious objection and the duty to disobey. This study uses normative legal research and comparative doctrinal analysis to examine the conceptual underpinnings of these principles and evaluate institutional practice. Through an analysis of international legal instruments, national regulations, relevant case studies, and selected comparative materials, this article concludes that these two principles are an integral part of the development of a democratic, accountable, and human rights-oriented police institution in Indonesia, and therefore deserve comprehensive legal protection.

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