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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 Legal Protection of Sustainable Agricultural Land: Why is It Urgent? Ivan Fauzani Raharja; Hafrida Hafrida; Retno Kusniati; Sasmiar Sasmiar; Ahmad Ridha
Jambe Law Journal Vol 4 No 2 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.2.151-170

Abstract

The phenomenon of rapid population growth and land conversion is what forms the background of this study. The Indonesian state does not only lose its agricultural land but also its farmers. This is the concern of the Government, including Local Governments, considering that agricultural land in its territory needs to be saved for food security and the needs of the next generations. Indonesia, including Jambi Province, will no longer have agricultural land and enough farmers in the future if this condition continues. Sungai Penuh of Jambi Province has been chosen as an object of study since this city is one of the main rice producers but suffering from agricultural land conversion. In realizing the goal, Legal policy is an option to implement because it binds not only the Local Government but also the community. That’s why it is important to protect agricultural land through a legal framework to ensure the availability of agricultural land. This article argues that the problem has to find ways by establishing local regulation to protect the sustainability of land and the prosperity of the farmers as well as by providing comprehensive incentive programs for those who conserve it.
Public Participation in Decision–Making Towards Accountable and Transparent Governance in Vietnam Huong Thi Lan Phan
Jambe Law Journal Vol 4 No 2 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.2.111-130

Abstract

Public participation is one of the key elements in ensuring democratic values in any country. People have the right to participate in the decision-making process and express their ideas and needs. While Vietnam has developed a legal framework for legislation that stipulates the obligation of drafting committees to open draft laws for public comment (Law on Promulgation of Normative Legal Documents 2015, amended 2020). However, Vietnamese citizens and legal entities still cannot participate in the drafting of laws and policies because many obstacles exist: (1) the law does not clearly define the authorities’ obligations to respond to people's comments/feedback; (2) there is a lack of an effective mechanism to ensure that individuals and organizations can participate in the decision-making process, especially in the pandemic situation - Covid 19; (3) there is a lack of an effective mechanism for policy impact assessment. Thus, the question is how to promote public participation in the decision-making process to ensure that policy meets the interests of the public and the needs of the people. This paper aims to assess the current situation of public participation in decision-making and propose solutions to develop active and meaningful participation of people in formulating problems, planning, implementing, and tracking the implementation of policies towards accountable and transparent governance in Vietnam.
Collaborative Governance in Building Utilization Cultural Heritage in Metro City Through the Lens of a Socio-Legal Regime Denny Sanjaya; Bambang Suhada; Bernard Sipahutar; Andrie W Setiawan
Jambe Law Journal Vol 4 No 2 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.2.191-210

Abstract

The paradigm of the utilization of cultural heritage is aimed at the welfare of the community. Metro City of Lampung has buildings for cultural heritage from colonization era which are in need with optimum participation of various stakeholders to keep the cultural heritage existence to improve the welfare of the people. The artcle analysis the implementation of collaborative governance in the utilization of cultural heritage buildings in Metro City and ways to encourage strengthening collaboration within the framework of regional regulations in the utilization. Uses a socio-legal approach, it adresses the implementation of collaborative governance offered by Ansel and Gash (2007) with regards to conditions, institutional design, leadership, and collaborative process. Despite a local research in origin, the topic addressed in this article may have wider impact to national level in Indonesia. It is demonstrated that the use of collaborative governance through the concept of gotong-royong (mutual help) has proven to have an impact on the growth of various initiatives and public participation in the development of cultural heritage in Metro City. In addition, to strengthen collaborative governance, the presence of regional regulations related to The Preservation of Cultural Heritage is expected for the process of collaboration among stakeholders.
Arrangement of Submarine Cables and Pipelines as Part of Marine Spatial Planning in Indonesia Rizka Iswara; Arie Afriansyah
Jambe Law Journal Vol 5 No 1 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.1.1-38

Abstract

As a country with many islands, Indonesia is also surrounded by an ocean that is two-thirds wider than the territory of its own country. So Indonesia must be able to manage and organize the sea regularly to be used for the welfare of the people. Marine spatial planning is not only done to organize what is above the sea but also to organize what is under the sea. One of the activities used under the sea is laying submarine cables and pipelines used for various sectors. There are many irregularities in laying submarine cables and pipelines in the Indonesian sea conditions. It can lead to fatal accidents at sea and damage the facilities needed by the community, so a comprehensive and integrated arrangement is required. In addition to preventing maritime accidents, marine spatial planning can also serve as a reference and guide for all parties using the ocean to prevent conflicts between users. Marine spatial planning is also the primary foundation to support and realize Indonesia's ideals as the Global Maritime Fulcrum. This study examines several existing regulations related to the arrangement of submarine pipelines/cables in Indonesia. It finds several problems where some aspects have not been regulated in the regulation. This research provides recommendations on these problems by looking at the needs of stakeholders for the implementation of an orderly Indonesian marine layout.
Reviewing Regulations on Rights of Persons with Disabilities in Vietnam to Advance the Implementation of the Convention on the Rights of People with Disabilities Le Dinh Nghi
Jambe Law Journal Vol 5 No 1 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.1.39-65

Abstract

Viet Nam signed the International Convention on the Rights of Persons with Disabilities in 2007 and ratified it in 2014, recognizing all of the rights of PWDs included in the Convention without reservation. In addition, as a result of member states’ commitment, policies and legislation related to PWDs have been adjusted in order to adapt to socioeconomic developments in order to guarantee that PWDs can completely participate fully in society. However, there are relevant legal gaps between the 2010 Law on Persons with Disabilities and the International Convention on the Rights of Persons with Disabilities, particularly, in terms of obstacles, problems, and challenges in implementing rights to education, health care, and vocational training. Through analyzing the barriers, challenges, and legal gaps compared to the International Convention on the Rights of Persons with Disabilities, the article proposes some recommendations to ensure that Viet Nam fully implements its commitments under the Convention.
Development of a Disaster Mitigation Model Based on Local Wisdom Ikbal, Mohammad; Syamsuddin, Adiesty Septhiany; Korompot, Ratu Ratna; Yoshida, Kunihiko
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.47-67

Abstract

In recent years, earthquake mitigation is no longer dominated by pure science, but it moves towards various approaches based on sociology and anthropology. The main question of this paper is how local wisdom affect the way the people of Palu City faced disasters before there were legal arrangements and legislation regarding disasters and how to integrate this knowledge with the legal substance formulated by the government. Despite having a disaster mitigation policy, the local community and local government showed no disaster preparedness resulting in insurmountable victims and damage, even though they already live in a disaster-prone area. Therefore, a better system based on the integration of local wisdom that is obeyed by the local community needs to be established. Local wisdom is part of the Indonesian legal system, as it can be used as a material source for legislation. Through this research, we explored the possibility of accommodating local wisdom into the government's policy in the form of legislation using a case study from Pasigala, the region that used to be most heavily impacted by the 2018 earthquake. As a result, a model of disaster mitigation based on local wisdom was created and can be implemented as a local policy
The Government Use and Compulsory License: Questioning the Patent Application of Drug and Covid-19 Vaccines Rohaini, Rohaini; Dwiatin, Lindati; Eka R, Dianne
Jambe Law Journal Vol. 5 No. 2 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.2.207-227

Abstract

The pandemic of Covid-19 and the urgent global needs to immediately obtain an effective drugs or Covid-19 vaccines have impacted the competition of pharmaceutical inventions and the patent registration of drugs or Covid-19 vaccines. However, this circumstance raise pro and cons. There is concern that there will be a conflict between the economic interests of the patent holder and public interest. Patent rights granted to the inventors or pharmaceutical companies has caused difficulties of the State to provide medicines or vaccines to the public since the production and distribution of it has been fully under their control. In this regard, the government use and compulsory license mechanisms are believed to be the most likely policies by the Government for balancing the use of exclusive rights and the economic interests of patent holders. It allow the Government to access and exploit patented inventions without prior consent from the patent holder, but at the same time the patent holder still get the protection and their rights.
Protection Standardization Towards Unemployment in Indonesia Saputra, Beny; Bene, Olivér
Jambe Law Journal Vol. 5 No. 1 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.1.123-146

Abstract

The Covid-19 pandemic triggered a significant recession ranging from 4.4 percent to 5.2 percent. As seen by the high rate of layoffs, the labor market is one of the most impacted industries. To counteract this scenario, the government has implemented a job loss insurance system as part of its broader protection against unemployment program. This research discusses the standarization of Jaminan Kehilangan Pekerjaan (Job Insurance Scheme) in Indonesia with five key principal of the ILO Convention no 168 and its objectives. The method used in this research is comparative law. In analysing legal materials, this research uses qualitative descriptive analysis with using key factor and objective of ILO convention. this study found that JKP or Job loss insurance scheme in Indonesia meet five key principal of the ILO Convention and the objectives
Remission for Terrorist Convicts: Challenges and Solutions to the Indonesian Law Najemi, Andi; Rapik, Mohamad; Rosmidah, Rosmidah
Jambe Law Journal Vol. 5 No. 1 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.1.67-79

Abstract

This article aims at discussing remission granted upon terrorsime convicts. It has been debated among academics as to whether giving remision or reduction of sentence upon the pepertrator of an extra ordinary crime is a wise policy or not. Some of them argue that Indoensia is a country based on law. Any policy, therefore, shall refer to laws which allow remision for any prisoners who have met certain conditions including terrorism convicts. Other academics, however, insist on argument that providing remission to terrorism conficts is nothing but to let to destroy the country for they (the terrorists) might hold radical views which are not recovered with imprisonment. In this article, the authors argue that the laws are still the main reference as long as the legal perspective is concerned. However, as the laws have not provided special regulation for granting remission upon terrrorism convicts, this article proposed to ammend or revisit the laws related to such issue. The revision or ammendmet is urgent in order to provide wiser regulation as long remission upon terrorism convicts is concerned
Legal Protection for Children in Cases of Online Sexual Abuse: A Comparative Study Rahayu, Sri; Monalisa, Monalisa; Monita, Yulia; Sugiharto, Melyana
Jambe Law Journal Vol. 5 No. 1 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.1.81-122

Abstract

The advancement of technology has provided numerous benefits to society. However, they also proved to yield negative consequences, such as the increase in criminal activities, including online sexual offenses against children which adversely impact children around the world. Legal regulations in Indonesia are still not optimal and require improvements in order to provide better protection for children in Indonesia. In response to the high level of violence against children in Indonesia, President Joko Widodo issued the Presidential Regulation regarding the national strategy for the elimination of violence against children on July 15, 2022, which includes the provision of the policy, regulatory implementation, and law enforcement. To support the elimination of sexual violence against minors, this study seeks to provide ideas and concepts for improving Indonesia's criminal law. Employing a descriptive research design and a comparative legal research method, with the assistance of literature studies, the researchers drew comparisons of legal regulations and policies addressed to eradicate online sexual offenses against children between Indonesia, the United Kingdom, the Philippines, and Ghana. Based on the findings, this study formulates seven ways to improve legal protection for children against online sexual offenses in Indonesia through repressive and preventive means

Page 5 of 12 | Total Record : 113

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