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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 121 Documents
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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.
Mitigating Skepticism and Ignorance on the Environmental Protection During Armed Conflict at Sea Within the Legal Systems of Indonesia and Timor Leste Triyana, Heribertus Jaka; Monteiro, Seguito; Pramesti, Alexandra Mayla
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zcxewp07

Abstract

Marine environmental protection during armed conflict has become a matter of international public concern as escalating tensions among states at sea have caused significant damage to the marine environment. In practice, ambiguity and legal lacunae concerning the applicability of existing rules and regulations governing war at sea have weakened marine environment protection. The superfluous use of weapons, naval platforms, and radioactive substances has increased the attention given by Indonesia and the Democratic Republic of Timor-Leste. This research constitutes normative legal research since the analysis is mainly constructed through scrutiny of state conduct in complying with the law on naval warfare enshrined at the 1949 Geneva Conventions as well as in the San Remo Manual to avoid skepticism and avoidance for their national implementation. It focuses on proportionality, military objectives, and distinctive modes between combatant status at sea and the marine environment as a protected object during armed conflict. Consequently, the applicable rules and regulations provide legal frameworks for analyzing state conduct in addressing the imminent threat of marine environmental damage during armed conflict at sea, an issue to which Indonesia and the Democratic Republic of Timor-Leste are also attentive. This article reveals that clear and robust guidance concerning certain rights and obligations among combatants as well as parties to armed conflict at sea should be derived from principles of international law, including those found in the United Nations Conventions on the Law of the Sea, particularly the principle of due regard, in order to enhance state capacity to control and monitor their conducts. At the same time, the institutionalization of national rules and regulations should be established in practical terms to minimize potential marine destruction within the legal systems of Indonesia and Timor-Leste
Indonesia’s PPHAM Team and The Ghost of Impunity: Can Non-Judicial Reconciliation Succeed Without Confronting Perpetrators? Arizona, Yance; Adli Wafi, Mochamad; Ananditha Bilal, Nasywa; Kouwagam, Santy
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/7zyykn81

Abstract

Impunity for past gross human rights violations remains a structural feature of Indonesia’s legal-political order. After the Constitutional Court invalidated the 2004 Truth and Reconciliation Commission Law and the Ad Hoc Human Rights Courts repeatedly failed to convict perpetrators, the Joko Widodo administration established the Non-Judicial Settlement Team for Past Gross Human Rights Violations (PPHAM Team) through Presidential Decree 17/2022. This article applies a socio-legal approach to reconstruct the Team’s design and trace its post-Jokowi trajectory, drawing on two in-depth interviews with PPHAM Implementation Team members in 2024 and five focus group discussions and in-depth interviews with civil society organisations, Komnas HAM, the Ministry of Human Rights, and the Komnas HAM Papua Representative Office conducted between October and December 2025. Three contributions follow. First, the Implementation Team achieved a paradigm shift from charity-based to rights-based reparation. Second, the Attorney General’s Office–Komnas HAM deadlock under Law No. 26/2000 is the immediate institutional cause of PPHAM’s creation. Third, under President Prabowo Subianto the scheme has become operationally dormant, with PPHAM coordination administratively reassigned to the Coordinating Ministry for Politics and Security, re-classifying the work as a politico-security matter and eroding the rights-based paradigm. The article proposes integrated reform of Law No. 26/2000 alongside a permanent statutory reparation institution.
Legal Challenges in Criminal Execution of The Environmental Crime Cases in Indonesia: Efforts Toward Criminal Law Reform Widyawati, Anis; Fernando, Zico Junius; Arifin, Ridwan; Mursyid, Ali Masyhar
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/k1djt237

Abstract

Environmental crimes in Indonesia, including illegal logging, pollution, and ecosystem destruction, continue to pose serious challenges despite the existence of an extensive regulatory framework. Most previous studies on environmental law enforcement in Indonesia have focused on investigation, evidentiary issues, or corporate criminal liability, while the execution of criminal judgments in environmental cases remains underexamined. This article analyzes the legal and institutional obstacles affecting the execution of criminal judgments in environmental crime cases, particularly those involving corporations, fines, additional sanctions, and environmental restoration orders. This study employs normative legal research using statutory, conceptual, and comparative approaches. It examines Law on Environmental Protection and Management, the Criminal Code, the Criminal Procedure Code, and relevant sectoral regulations, and compares the Indonesian framework with selected practices in Germany, Brazil, and the United States. The analysis demonstrates that regulatory disharmony, overlapping institutional authority, limited procedural clarity, and weak post-judgment enforcement mechanisms undermine the effectiveness of environmental criminal law enforcement. The article argues that the central weakness of Indonesian environmental criminal enforcement lies in the post-judgment stage, where fines, additional penalties, corporate compliance orders, and restoration measures frequently remain ineffective in practice
Money Politics in Indonesian Regional Election Disputes: Constitutional Court Reasoning and Electoral Integrity Diar, Adithiya; Zarkasi, A; Sayuti, Sayuti; Abd Aziz, Saidatul Nadia; Antasari, Rr. Rina
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/1e65hh11

Abstract

This article examines how the Constitutional Court assesses and interprets money politics in dispute cases over regional head election results in Indonesia and what this court settlement means for electoral integrity. It addresses three dispute cases concerning vote-buying allegations in regional elections, corruption of voter choice, violations of constitutionally mandated electoral processes, and examines the effect of money politics on the legitimacy of revoting. As normative legal research, this article analyses how the Court formulates its legal reasoning, applies standards of proof, and evaluates the relationship between electoral violations and final results. It is learnt that the Court has developed a relatively consistent reasoning model. The Court initially determines whether sufficiently convincing facts support a finding of vote buying, examines whether the violation has tainted the purity of voter choice, and subsequently assesses whether the violation has had a significant effect on the election outcome. This article further demonstrates that money politics is no longer viewed merely as an electoral crime, but as a constitutional issue when it undermines democratic legitimacy and distorts the authenticity of electoral results. Unlike earlier studies that mainly discuss money politics in terms of its forms, causes, or general consequences for local democracy, this article frames jurisprudential consistency as the central analytical problem. It offers a more systematic account of how the Court connects proof, voter autonomy, and electoral impact. It argues that clearer more predictable standards are needed to strengthen legal certainty, improve the adjudication of election disputes, and reinforce protections for electoral integrity in Indonesia
Administrative Law and Public Service Delivery: Enforceability as the Decisive Variable in a Comparative Analysis of the European Union and Vietnam Nguyen, Bich Ngoc; Van Vu, Tuan
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/bzhhf889

Abstract

Public service delivery has become a key domain through which administrative law responds to contemporary challenges of governance, digitalization, and rising citizen expectations. However, existing scholarship has largely examined administrative law and public service delivery in isolation, leaving a gap in understanding how legal frameworks shape service outcomes in practice. This study addresses that gap by conceptualizing public service delivery as a functional site for analyzing administrative law and by identifying enforceability as a central explanatory variable. The article examines how administrative law shapes public service delivery through a comparative analysis of the European Union and Vietnam, focusing on legal principles, institutional arrangements, and governance mechanisms. Methodologically, it adopts a qualitative, law-centered comparative approach grounded in doctrinal analysis and structured through a thematic analytical framework. The analysis demonstrates that public service delivery in the European Union is embedded within a dense and enforceable administrative law framework, where legal principles, multi-level governance, and safeguards for digital administration enhance accountability, procedural fairness, and service quality. In contrast, Vietnam’s public service governance remains largely policy-driven. Although administrative law principles are formally recognized, their practical impact is constrained by limited judicial enforceability, particularly in digital and decentralized contexts. The study concludes that the decisive factor shaping public service delivery is not the formal recognition of administrative law principles, but their enforceability. Sustainable improvements therefore depend on consolidating administrative law as a rights-based and enforceable framework capable of aligning efficiency, digital innovation, and citizen-centric governance across diverse systems
A Criminological Perspective on Corruption as a Catalyst of Economic Breakdown: Socio-Legal Challenges in Indonesian Environmental Governance Utari, Indah Sri; Preludio Ramada, Diandra; Alfarisi, Salman; Alias, Nizamuddin
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jmj4ac47

Abstract

Corruption remains one of the most significant obstacles to sustainable environmental governance in resource-rich developing countries. While existing studies predominantly examine corruption as a governance failure or institutional deficiency, limited attention has been paid to its role as a criminogenic force that systematically generates economic breakdown. This study aims to analyze how structural corruption within Indonesia’s natural resource sector functions as a catalyst for economic decline through a socio-legal and criminological perspective. Employing a qualitative socio-legal approach, the research draws upon legal documents, government reports, anti-corruption records, and environmental governance cases in the mining, forestry, and plantation sectors. The findings demonstrate that corruption operates beyond individual acts of bribery and abuse of office; it functions as a structural mechanism that distorts resource allocation, weakens environmental law enforcement, facilitates regulatory capture, and accelerates ecological degradation. These processes generate substantial fiscal losses, undermine institutional legitimacy, discourage productive investment, and exacerbate socio-economic inequality. The study further reveals how state capture and patronage networks transform environmental governance into a system that privileges private economic interests over public welfare and sustainability objectives. The novelty of this research lies in its reconceptualization of corruption as a criminological driver of economic breakdown rather than merely a consequence of weak governance. By integrating green criminology, crimes of the powerful, and socio-legal analysis, this article develops a new analytical framework for understanding the relationship between corruption, environmental governance failure, and economic vulnerability. The findings contribute to criminological scholarship and provide policy insights for strengthening accountability and sustainable natural resource governance in Indonesia.
The Urgency and Direction of Environmental Insurance in Indonesia: A Constitutional Law Perspective Teguh, Pri Pambudi; Mustakim, Mustakim; Chansrakaeo, Ruetaitip
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/43h4fa32

Abstract

A recent decision of the Indonesian Constitutionalourt’shas significant implications for the principle of utmost good faith in insurance practice, particularly by strengthening reciprocal duties between insurers and insured parties and restricting unilateral policy termination. This has implications for various types of insurance, including environmental insurance. This research focuses on analyzing the urgency and orientation of environmental insurance in Indonesia after Constitutional Court Decision Number 83/PUU-XXII/2024. This normative legal research confirms that the urgency of specific regulations on environmental insurance in Indonesia is increasingly pressing, particularly due to large-scale ecosystem degradation caused by industrial activities, mining exploitation, and other high-risk sectors. This study offers a novel regulatory framework for environmental insurance in Indonesia by linking the Indonesian Constitutional Court’s reinterpretation of Article 251 of the Commercial Code (KUHD) with the future legal design of Environmental Liability Insurance (ELI). The research finds that the Court’s approach to contractual fairness requires environmental insurance regulation to shift toward stronger consumer protection and procedural safeguards. It argues that future regulations should institutionalize reciprocal utmost good faith obligations, prevent unilateral policy cancellation, and require objective proof of material environmental risk through due process mechanisms. This study also proposes expanding mandatory ELI beyond the limited B3 waste regime to other high-risk sectors such as mining, plantations, chemical industries, and infrastructure projects. This contributes by integrating constitutional doctrine into environmental insurance governance

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