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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 101 Documents
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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.
Corporate Crimes and Penal Reform in Indonesia: Evaluating the Efficacy of the Criminal Code Dewi, Erna; Nunna, Bhanu Prakash; Shafira, Maya
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.v8i1.525

Abstract

The rapid economic growth has led to the emergence of diverse business entities, both incorporated and unincorporated. In Indonesia, corporations were not fully recognized as criminal law subjects under the old Criminal Code. However, the National Criminal Code explicitly acknowledges corporations as entities that can bear criminal liability. This research, employing a normative method with a statutory approach, emphasizes the significant role of corporations in the national economy, the risks associated with corporate criminal offenses, and the sanctions provided in the National Criminal Code. The findings reveal that the Code imposes sanctions on corporations, including fines, business suspensions, and other additional penalties. Furthermore, it introduces corrective measures to ensure corporate accountability for criminal acts. This regulatory shift reflects essential legal reform addressing the challenges of economic modernization by recognizing corporations as criminal law subjects liable to principal and supplementary punishments, including, in certain cases, supervisory or takeover measures
Legal Realism and the Future of Palm Oil Management in Indonesia Sayuti, Ageng Triganda; Windarto, Windarto; Martadinata, Muhammad Randhy; Ridho, Muhammad Ali; Kadir, Sulhi Muhamad Daud Abdul
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.v8i1.342

Abstract

Through the jurisprudential lens of Roscoe Pound, particularly his doctrines of legal realism and sociological jurisprudence, this article explores palm oil plantation management contracts. By situating contract law within the broader framework of social engineering, the study critiques the prevailing contractual practices in Indonesia's palm oil sector, which often privilege corporate profit at the expense of local communities and environmental sustainability. The analysis reveals a persistent asymmetry in power and legal capacity between plantation companies and rural populations, resulting in contracts that fail to deliver substantive justice. Drawing from Pound’s tripartite interest theory, individual, social, and public, the study argues that current contractual frameworks inadequately integrate ethical, ecological, and communal considerations. This research offers a normative proposal to redesign plantation management contracts as instruments of equitable governance. It advocates for a participatory and inclusive legal drafting process that recognizes local wisdom, ensures environmental accountability, and promotes distributive justice. By embedding Roscoe Pound’s vision of law as a dynamic, purposive institution, the article contributes to the evolving discourse on legal reform in natural resource management. Ultimately, it calls for a reconceptualization of contracts not merely as tools of economic transaction but as living legal instruments capable of reconciling corporate interests with the imperatives of social justice and environmental stewardship
Strengthening Village Governance and Safeguarding Human Rights: Legal Perspectives in Comparative Study Bakarbessy, Andress Deny; Jacob, John Tumba
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.v8i1.514

Abstract

This study examines the legal frameworks governing village administration and the protection of human rights in Indonesia, Nigeria, and Japan. The legal frameworks analyzed include Villages Law in Indonesia, the Constitution of the Federal Republic of Nigeria, the Local Government Act in Nigeria, and the Local Autonomy Law in Japan. The research adopts a normative legal approach, employing both statutory and comparative methods to examine the regulations, institutional authority structures, and legal principles of those countries. While the three countries acknowledge the significance of village autonomy and human rights protection, they differ markedly in their normative approaches. Indonesia has developed a relatively progressive legal framework; Nigeria continues to grapple with challenges related to legal pluralism; and Japan prioritizes institutional stability and community engagement. The study concludes that the effectiveness of village governance laws is significantly influenced by the clarity of legal norms, the robustness of institutional structures, and the overall coherence of each country’s legal system
Tax Law Enforcement in Indonesia: Administrative vs Criminal Sanctions Eka Putra, Fariz; Suseno, Sigid; Santoso, Topo; Muttaqin, Zainal
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.v8i1.522

Abstract

Legal issues arising from violations of tax provisions are resolved through administrative law mechanisms. Tax legislation grants the state broad authority to collect taxes, making tax law a part of public law, and regulating the legal relationship between the state and individuals or legal entities obligated to pay taxes. The existence of criminal provisions in Tax Legislation, called administrative penal law (Verwaltungs Strafrecht), which is included in the framework of public welfare offenses (Ordnungswidrigkeiten), is defined as all legislative products in the form of laws within the administrative sphere that have criminal sanctions. In cases of tax crimes experienced by taxpayers who have been sentenced to criminal penalties, the convict (taxpayer) is still required to pay his tax administration obligations, resulting in the imposition of double sanctions (criminal and administrative) for the same act (double sanction) which is contrary to legal certainty and a sense of justice, and is not in line with the ratio legis of the Taxation Law. As a doctrinal legal research, this article investigates how the administrative and criminal sanctions are applied in taxation in Indonesia and how legal certainty is guaranteed in the tax law. It is found that criminal and administrative sanctions are applied according to the actions taken based on the qualifications outlined in the articles violated. The procedure for enforcing tax law varies and is applied on a case-by-case basis. Further, administrative sanctions are the precursor to criminal sanctions. While administrative sanctions are the primum remedium applied in tax administration violations, which are carried out to obtain payment, criminal tax sanctions are applied as the ultimum remedium, taking into account the objective conditions related to the act
Reevaluating “First-to-File” vs the Legality Principle: Rethinking Justice for Original Rights Holders in Indonesia Freaddy Busroh, Firman; Khairo, Fatria; Saraya, Sitta
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.v8i1.596

Abstract

The implementation of the First-to-File principle within Indonesia’s intellectual property law system often raises concerns regarding justice—particularly for individuals or entities who originally created or utilized a work but failed to register it promptly. This study seeks to evaluate the compatibility of the First-to-File principle with the principle of legality in the protection of intellectual property rights and examines the extent to which it upholds justice for the original creator. As a juridical-normative study, the research employs qualitative methods through the analysis of legal documents, case studies, and a review of both national and international scholarly literature. It also uses Rawls’ theory of justice and Dworkin’s theory of rights to frame the analysis. Findings indicate that the strong emphasis on administrative procedures in the intellectual property registration system tends to overlook the moral and historical dimensions of ownership. This emphasis is normatively inconsistent with the principle of legality, which aspires to ensure equitable and proportionate legal protection. Furthermore, the disproportion between formalistic registration requirements and substantive justice creates opportunities for unethical exploitation. Accordingly, the study highlights the need for a reformulation of legal norms and policies to better accommodate the rights of original creators and to establish a fairer evidentiary mechanism within the registration process.
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.

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