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Mohamad Rapik
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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 113 Documents
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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
Judicial Review of Constitutional Amendments: Comparative Experiences and Their Relevance to Indonesia
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/hrajxb07

Abstract

Constitutional amendments, while essential to democratic adaptability, increasingly generate a paradox in which the power to amend risks eroding the foundational identity and normative coherence of constitutional orders. In jurisdictions undergoing intensive constitutional change, the absence of effective constraints on amendment power has enabled forms of constitutional transformation that are formally legal yet substantively unconstitutional. This article aims to examine comparative practices of constitutional amendment review and to assess their relevance for the future design of Indonesia’s constitutional system. Employing a historical–comparative approach, the study analyzes how apex and constitutional courts in selected jurisdictions have developed doctrines to limit and review constitutional amendments. This article advances three original contributions. First, it reconceptualizes constitutional amendment review not merely as a technical instrument of judicial control, but as a mechanism for safeguarding constitutional identity and higher-order constitutional norms. Second, it situates Indonesia’s unamendable clause on the unitary state and the philosophical status of Pancasila within the global doctrine of unconstitutional constitutional amendments, demonstrating their latent justiciability. Third, it offers a normative model for empowering the Indonesian Constitutional Court to act as the institutional guardian of constitutional identity, thereby transforming amendment review into a principled framework for preserving constitutional integrity in periods of political and constitutional flux
When Laws Exist but Certificates Do Not: Can Cross-Ministerial Collaboration Solve Transmigration Land Problems? Ramli, Asmarani; Nur Heriyanto, Dodik Setiawan; Tamas, Fezer; Latifiani, Dian; Sari, Liani
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: 10.22437/90bne947

Abstract

The Indonesian transmigration program has many outstanding difficulties. The lack of transmigration land ownership certificates is a big issue. Transmigration land recipients have no land ownership guarantees. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency and the Ministry of Village, Development of Disadvantaged Regions, and Transmigration collaborate on transmigration land concerns. Using empirical legal research, this study examines the importance of legalizing transmigration land assets. This study fills a gap in existing literature by demonstrating how digital-based cross-ministerial collaboration functions as a legal-institutional mechanism to accelerate transmigration land legalization in Indonesia. This investigation found that 132,949 transmigration land holdings are uncertified. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and the Ministry of Villages, Development of Disadvantaged Regions, and Transmigration have unified transmigration land data. The Bhumi-GTRA portal provides spatial and legal information on transmigration land, showcasing the results of this collaboration. This research suggests that the government must immediately address transmigration land issues. Collaborating with relevant ministries on transmigration land will help legalize its assets
Indonesia’s Trade Sovereignty and the U.S. Poison Pill Clause in International Law
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: 10.22437/72dqyc81

Abstract

This article examines how the United States' poison pill clause will effect Indonesia's ability to establish trade deals in the future. The primary inquiry is whether the language, initially incorporated into USMCA Article 32.10, aligns with Indonesia's rights and obligations under international economic law. The article contends that poison pill clauses, ostensibly designed as trade limitations, operate as constraining treaty mechanisms that could impair a state's ability to establish agreements with third nations. This research employs a doctrinal legal methodology based on normative analysis, utilizing treaty interpretation and comparative legal frameworks in accordance with the Vienna Convention on the Law of Treaties and pertinent WTO principles. This includes checking for any concerns with Indonesia's regional commitments and the possibility that they will make it harder to trade over time. The main point is that poison pill clauses make it hard for countries to respect the rules of treaty freedom, sovereign equality, and consistency in the international trading system. There are significant legal grounds for Indonesia not to make such harsh requirements in future trade agreements. Other countries that are becoming more powerful or are already powerful and have complicated treaty responsibilities may likewise have comparable concerns.
Beyond Legal Moralism: Reconstructing Rational Justice through Economic Analysis of Law in Indonesia’s Criminal Policy
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/se12ge88

Abstract

This article critically interrogates the enduring dominance of the legal – moralistic paradigm in Indonesia’s legal system and advances the Economic Analysis of Law (EAL) as a rational and context – sensitive framework for legal reform. Departing from the premise that moralistic legal reasoning, when detached from empirical evaluation and incentive structures, often produces overcriminalization, regulatory inefficiency, and declining public trust, this study argues that EAL offers a systematic methodology to realign law with rational justice. Employing a multidisciplinary approach that integrates philosophical reflection, socio – legal analysis, and doctrinal examination, the article demonstrates that EAL is not antithetical to Indonesia’s constitutional identity or normative foundations, including Pancasila, but can instead function as an instrumental extension of its substantive justice values. By incorporating cost – benefit analysis, behavioral incentives, and evidence – based policy evaluation into legal decision – making, EAL enhances legislative rationality, optimizes enforcement mechanisms, and strengthens institutional legitimacy. Comparative insights drawn from selected jurisdictions, particularly the United Kingdom, Australia, South Korea, and Canada, illustrate how EAL has been institutionalized through Regulatory Impact Assessments, restorative justice frameworks, and interdisciplinary legal education. The article concludes by proposing a contextualized reform strategy for integrating EAL into Indonesia’s pluralistic legal culture, positioning rational justice as a mediating paradigm between moral aspiration, empirical governance, and democratic accountability.
Reconstructing State Loss Recovery Mechanisms for Good Governance Resulting from Abuse of Authority in Environmental Management in Indonesia
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/vpht5j13

Abstract

This paper addresses the main question of how state loss recovery mechanisms in Indonesia can be reconstructed to ensure good governance in cases of abuse of authority in environmental management. The background of the study lies in the persistent problem of environmental degradation caused by defective licensing practices, corruption, and weak institutional coordination, which result not only in financial losses to the state but also in significant ecological damage. The research adopts the position that the prevailing legal framework remains overly focused on cash losses and fails to adequately recognize ecological losses as part of state economic losses. Using a normative legal research method with statutory, conceptual approaches, this study examines Indonesian regulations and draws comparative insights from Malaysia to highlight shared governance challenges in recovering state losses arising from environmental mismanagement. The analysis demonstrates that fragmented enforcement across administrative, civil, criminal, and financial law weakens accountability and hampers effective recovery. The main result of the study is the formulation of a reconstructed model of state loss recovery that integrates ecological valuation, asset recovery, and the establishment of a dedicated environmental restoration fund. This model is expected to strengthen legal certainty, institutional coordination, and the realization of good governance in environmental management.
Towards Electoral Justice: Redesigning an Ideal System for Enforcing Electoral Administrative Law in Indonesia?
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: 10.22437/9et5k513

Abstract

This article examines Indonesia’s legal framework for protecting the right to be elected, with a focus on electoral administrative law enforcement across Bawaslu, the Administrative Court (PTUN), and the Constitutional Court (MK). Building on Marc Galanter’s “justice in many rooms,” the study introduces the concept of “electoral justice in many connected rooms” to assess the coherence and effectiveness of legal remedies. Using normative, comparative, and case-based approaches, it analyzes disputes involving party officials, former convicts, and gender quota candidates. Findings reveal that institutional fragmentation and normative inconsistencies often hinder the full restoration of candidacy rights, with the General Election Commission (KPU) frequently disregarding binding decisions due to legal ambiguity or inter-agency conflict. The study identifies two key challenges; vague or retroactively applied legal norms and procedural coordination among enforcement bodies. It argues that changes to candidacy regulations must apply prospectively and that enforcement must distinguish between active and passive suffrage. The article proposes a coordinated model of electoral administrative enforcement that combines preventive and repressive measures, institutional alignment, and judicial restraint in line with the Purcell Principle. It concludes by calling for legislative reform to ensure legal certainty, institutional synergy, and meaningful protection of electoral rights
Reconsidering the Death Penalty for Bribery in Law Enforcement to Prevent and Eradicate Corruption in Indonesia
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: 10.22437/41zyxg03

Abstract

Corruption is classified as an extraordinary crime due to its destructive impact on state administration, economic development, and public trust. Among the various forms of corruption in Indonesia, bribery constitutes the most fundamental and systemic offense, serving as the primary mechanism through which corruption is initiated, maintained, and normalized within public institutions. Within the justice system, bribery in law enforcement represents one of the most dangerous and corrosive forms of corruption, as it directly undermines the integrity of investigations, prosecutions, and judicial decisions. For this reason, extraordinary legal measures – including the death penalty – can serve as an alternative means to address severe bribery offenses. Nevertheless, its application in Indonesia faces legal challenges, mainly due to the shortcomings of the formulation of the death penalty provisions in the current Law on the Eradication of Corruption Crimes. Comparing with neighbouring countries concerning legal provisions for bribery, the author will assess how the reformulation or reconstruction of death penalty provisions could enhance the deterrent effect on corrupt officials in Indonesia. This study demonstrates that, despite ongoing debates over its implementation, the death penalty for bribery takers in Indonesia has a sound legal and rational foundation. Within law enforcement, it could strengthen the decisiveness of existing regulations and enhance their deterrent effect against such practices
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.

Page 11 of 12 | Total Record : 113

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