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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 128 Documents
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Beyond TRIPS: Reconstructing Communal Intellectual Property Law in Indonesia through Human Rights and Criminal Enforcement Annas, Gilang Kresnanda; Baskoro, Aji; Witro, Doli; Izzuddin, Washif
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/mnyp9w52

Abstract

This article examines the structural vulnerabilities in the legal protection of Communal Intellectual Property in Indonesia, focusing on ownership claims, misappropriation, and the limited effectiveness of enforcement mechanisms. While existing scholarship has primarily addressed CIP through intellectual property and human rights perspectives, limited attention has been given to the intersection of doctrinal inconsistencies, weak enforcement, and the absence of criminal law mechanisms. This study employs a doctrinal legal research methodology, integrating statutory, conceptual, historical, and comparative approaches, supported by qualitative analysis. The findings identify three interrelated challenges. First, Indonesia’s CIP regime, influenced by the TRIPS framework, reflects an individualistic and economically oriented paradigm that is incompatible with the collective and intergenerational nature of indigenous knowledge. Second, a persistent doctrinal tension positions the state as the formal rights-holder, thereby weakening the legal standing and autonomy of indigenous communities. Third, the absence of explicit criminal provisions addressing misappropriation, biopiracy, and unauthorized commercialization creates a significant enforcement gap that undermines deterrence and enables continued exploitation. This article argues that violations of CIP should be reconceptualized not merely as economic infringements but as violations of cultural rights and human dignity. It further highlights the lack of criminal accountability as a critical weakness in the current legal framework. By incorporating recent developments in Indonesian criminal law, including the recognition of living law and corporate criminal liability, this study proposes a reconstruction of the CIP regime through a sui generis approach that integrates human rights principles with criminal enforcement to strengthen protection and ensure equitable benefit-sharing
Enhancing the Legal Framework for Quality Assurance in Malaysian Online Sale of Goods Contracts Abdullah Asuhaimi, Farhanin binti; Sari, Maulidina; Ghapa, Norhasliza binti; Makhtar, Maheran binti; Asari, Khairun Nisaa binti
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: 10.22437/5bqknq83

Abstract

The rapid expansion of e-commerce in Malaysia has raised concerns about the quality of goods transacted through digital platforms. This paper critically examines the legal framework governing product quality in Malaysian online sale of goods contracts, focusing on the Sale and Goods Act 1957 and the Consumer Protection Act 1999. Unlike existing studies, this research provides a doctrinally integrated and comparative analysis that evaluates not only the substantive inadequacies of Malaysian law but also its structural limitations in addressing digital commerce, including the absence of regulatory recognition for digital goods and platform-based transactions. Using doctrinal legal analysis supplemented by comparative insights from the United Kingdom and the European Union, the paper identifies structural and doctrinal inadequacies in Malaysian statutory framework, particularly its failure to regulate digital goods and to provide enforceable remedies. The findings reveal significant enforcement gaps and practical difficulties experienced by consumers in online transactions. The study contributes novel insights by systematically linking doctrinal deficiencies with emerging digital market practices and proposing a reform framework that incorporates platform accountability, digital goods classification, and harmonised quality standards. Accordingly, the study proposes targeted statutory reforms, clearer definition standards for goods, and enhanced enforcement mechanisms, all of which are supported by lessons drawn from the UK Consumer Rights Act 2015 and the EU Consumer Rights Directive and Digital Content Directive. These recommendations aim to align Malaysian law with international best practices, reduce consumer vulnerability and enhance market transparency
Power and Gender: Female Perpetrators of Child Sexual Abuse from Islamic Legal Perspective Adawiyah, Robi’atul; Habi, Nuraida Fitri; Nur, Syamsiah; Mukhlisa, Dian
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: 10.22437/9ke0x692

Abstract

This study addresses the limited scholarly attention to female sexual offending in child sexual abuse, which remains under-theorized within both power relations discourse and Islamic legal studies. Existing literature predominantly frames sexual violence as male-perpetrated, leaving a gap in understanding how gender, power, and vulnerability intersect when women become perpetrators. This article examines how power operates in cases of female-perpetrated sexual abuse and how such conduct is interpreted within Islamic legal principles. Drawing on a qualitative socio-legal approach, this study combines doctrinal analysis of Islamic legal sources with an empirical case study of a child sexual abuse case in Jambi, Indonesia. The analysis is primarily informed by Foucauldian conceptions of power, particularly the interplay between knowledge, control, and dependency. The findings demonstrate that power in this context is not merely coercive but operates through subtle mechanisms of normalization, economic dependency, and psychological manipulation, enabling the perpetrator to exploit structurally vulnerable children. Furthermore, from an Islamic legal perspective, such acts constitute violations of fundamental legal objectives (maqāṣid al-sharī‘a), particularly the protection of dignity and life, and are subject to gender-neutral accountability. This study contributes to the literature by challenging gendered assumptions about sexual violence, extending the application of power relations theory to female offending, and offering a nuanced integration of socio-legal and Islamic legal analysis in understanding child sexual abuse.
Reformulation of the Cultural Heritage Law for Climate Adaptation Based on Local Wisdom Isharyanto, Isharyanto; Caesar Bimantya, Deva Mahendra
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: 10.22437/08st1g52

Abstract

Climate change increasingly threatens the physical survival of cultural heritage sites throughout Indonesia, yet Law concerning Cultural Heritage remains silent on climate adaptation. This study examines the structural shortcomings of the statute and formulates directions for its reformulation through the incorporation of local wisdom. Employing doctrinal legal research, the study identifies three principal legal problems: the absence of norms governing climate adaptation and disaster mitigation, ambiguity in conservation standards, and disharmony between state law and the customary law of Indigenous communities. The analysis adopts both statute and conceptual approaches grounded in three theoretical frameworks. Legal pluralism explains the coexistence of state, customary, and religious legal orders within a single social field. Intergenerational justice imposes an obligation on the present generation to preserve cultural heritage for future generations. Adaptive governance requires regulatory arrangements capable of responding to ecological change. The findings reveal that the statute’s definitional, institutional, managerial, and penal provisions generate systemic vulnerability to hydrometeorological disasters while marginalizing Indigenous custodianship. In contrast, local wisdom provides proven adaptation mechanisms through organic material technology, sacred spatial zoning, vernacular architecture, hereditary custodianship, and customary sanctions. The study offers a novel contribution by proposing three reforms: introducing a climate adaptation chapter, recognizing customary conservation institutions, and reconstructing the sanction system so that the Cultural Heritage Law functions as responsive law. It converts the statutory silence on climate adaptation into a diagnosis of horizontal legal disharmony, and it treats local wisdom as the operational content of adaptation through legal syncretism rather than as cultural background.
Contested Land Rights and the Failure of Land Governance: Exploring Pathways to Resolution Al-Ahyani, M. Zuhri; Effendi, Ghina Nabilah; Malik, Abdul; Deswita, Deswita; Rahmat, Al Fauzi
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/ct9gx923

Abstract

This study examines land manipulation and land disputes between a corporation and the local people in West Tanjung Jabung Regency, Jambi, resulting in the loss of a legitimate land entitlement. The conflict reflects broader agrarian challenges in Indonesia, including overlapping land claims and weak administrative governance, as well as unequal power relations between plantation companies and local communities. Using NVivo 15 Plus, the study analyzes data from legal documents, government regulations, and media reports using word frequency and crosstabs analyses. Mediation accounted for 60% of dispute resolution efforts, whereas litigation and arbitration each represented 20%. The findings reveal that the Village Cooperative Units (KUD) rejected the Corporate Social Responsibility (CSR) scheme as a settlement mechanism because it lacks legal authority to substitute land ownership rights under Indonesia’s Basic Agrarian Law. The study concludes that land restitution through independent audits, the application of the enclave principle under Government Regulation concerning the Resolution of Inconsistencies in Spatial Planning, Forest Areas, Licenses, and/or Land Rights, and multi-stakeholder oversight provides the most legally sound and socially just solution. Accordingly, the study offers a key contribution by proposing a collaborative land restitution model integrating administrative legal mechanisms, local government intervention, corporate accountability, and community participation to strengthen the governance of cultivation rights (HGU) and resolve plantation land conflicts.
Legalization or Enforcement? Fiscal Justice and MSME Protection in Indonesia’s Thrifting Policy Ibnususilo, Efendi; Shalihah, Fithriatus; Hariz, Hajar Salamah Salsabila; Barak, Ahmed Mohamed; Ezzerouali, Souad
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/nw2xcw05

Abstract

This article addresses the policy dilemma surrounding Indonesia’s prohibition on imported used clothing, which pits trade law enforcement and domestic textile protection against the socio-economic survival of thrifting merchants operating as MSMEs. It investigates whether taxing these activities can be justified when the underlying traded goods remain legally banned. While previous legal scholarship has treated trade restrictions, tax law, and MSME protection in a fragmented manner, this study establishes a novel, integrated research position by examining these intersecting regimes through a unified normative legal framework. Using a normative juridical method, the paper evaluates relevant laws, regulations, and tax court decisions through statutory, conceptual, and public policy approaches. The discussion demonstrates that direct taxation of prohibited imported goods creates severe normative ambiguity and fails to satisfy substantive fiscal justice. However, the study concludes that a "non-legitimate transitional scheme" is legally viable. This alternative policy separates the legal status of the goods from the business subjects, limiting taxation strictly to lawful domestic economic aspects while actively providing business conversion and structured MSME empowerment support.
Rethinking Indonesian Single-Member Companies: Lessons from the European Union for Sustainable Business Governance Abbas, Ilham; Ramadani, Rizki; Aswari, Aan; Yaqien Makkarateng, Ma'adul
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/w3f9r267

Abstract

The introduction of the Indonesian Perseroan Perseorangan (Single-Member Company/SMC) under the Job Creation Law is intended to improve the ease of doing business. Allowing a company to be established and managed by a single individual, the SMC signifies a transformation from traditional corporate law principles. While existing studies emphasize economic deregulation and business formalization, limited attention has been paid to whether this simplified corporate model is compatible with the emerging paradigm of Sustainable Corporate Governance (SCG). This study addresses that gap by evaluating the Indonesian SMC framework through an SCG perspective and comparing it with the European Union’s regulatory approach. Its principal contribution is the development of an SCG-based comparative evaluative framework for assessing simplified corporate entities, demonstrating that the compatibility of Single-Member Company regimes should be measured not only by ease of doing business but also by their capacity to ensure long-term governance accountability, stakeholder protection, and environmental responsibility. Employing normative legal research and a comparative legal approach, this study examines Indonesia's regulatory framework in comparison with the European Union's SMC regime using four dimensions of SCG: governance accountability, transparency and sustainability disclosure, stakeholder and creditor protection, and corporate environmental responsibility. The findings reveal that although Indonesia's regulatory model significantly improves business accessibility and administrative efficiency, it provides limited institutional safeguards to support sustainable governance. By contrast, the European Union adopts a more balanced regulatory approach that combines business flexibility with governance safeguards. Therefore, the study proposes a proportionate governance model capable of reconciling business simplification with sustainable corporate governance.
Carbon Market Governance for Greenhouse Gas Mitigation in Vietnam: Legal Insights from the European Union Tran, Ngoc Minh; Ha, Hoa Thanh
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/e364aj51

Abstract

This study analyzes the emergent carbon market of Vietnam from the perspective of legal governance rather than the traditional view of greenhouse gas mitigating policy. It hypothesizes that the trading of carbon units would be ineffective without the law’s ability to create credible scarcity, provide a reliable emissions data, secure carbon units, manage the trading activities, and govern the law’s compliance. The study uses qualitative legal research, doctrinal analysis, and comparative law as well as case-study methodology to evaluate the recent legal acts of Vietnam, including the Law and decrees on Environmental Protection. Methodologically, it aims to gather insights based on the European Union Emissions Trading System (EU ETS), specifically regarding cap-setting, allowance allocation, monitoring, reporting, verification and registry governance, along with market stability, leakage effect, and trading safety. The study determines that Vietnam has advanced significantly beyond mere legal recognition, and has implemented the initial design of a trading system. However, a number of governance issues remain, such as institutional fragmentation, poor transparency and protection, and unregulated market manipulation as well as the risk of double-counting. Its principal legal contribution is a governance-function framework demonstrating that Vietnam is expected to adapt, rather than replicate, the EU ETS by strengthening legal certainty, market integrity, institutional coordination, and compatibility with international carbon-market rules

Page 13 of 13 | Total Record : 128

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