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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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ICJ Jurisdiction Over the Case of Policy to Stop Nickel Exports: European Union v. Indonesia Gunawan, Yordan; Amirullah, Muhammad Nur Rifqi; Arumbinang, Mohammad Hazyar
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.6.1.1-22

Abstract

The purpose of this paper is to explore the jurisdiction of the International Court of Justice (ICJ) regarding the European Union's legal action against Indonesia in response to Indonesia's policy to halt the export of raw materials derived from nickel ore. The research methodology employed for this paper is normative legal research, relying primarily on legal materials that encompass normative law for data collection. The outcome of this study indicates that Indonesia has implemented a measure to cease the export of raw materials derived from nickel ore, leading to the domestic downstream management of mineral resources within the country. In addition, the purpose of the export stop is the strong desire of the Indonesian government so that all raw materials are managed domestically and can invite investors from abroad to invest in Indonesia. However, the European Union (EU), as one of the enthusiasts and consumers of nickel ore raw materials, objected to the policy issued by Indonesia. The form of objection from the EU is to sue Indonesia to the WTO. The EU objected to the policies issued by the Indonesian government because they could interfere with various policies taken by the EU. The policy is expected that in 2050 the EU will be free from CO2 emissions. Furthermore, the EU argues that the cost of nickel ore, once domestically managed, is anticipated to undergo a significant increase, surpassing the prevailing market price. The author scrutinizes the jurisdictional aspects regulated by the International Court of Justice (ICJ) within this context
Meaningful Participation in Legislative Drafting as a Manifestation of a Democratic Rule of Law Nursetiawan, Eko; Ardhanariswari, Riris
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.5.2.251-270

Abstract

Public participation has a significant role in the law-making process. As a manifestation of a democratic legal state, it acts as a direct form of check and balance from the people. The problem discussed in this study are: 1) what is the urgency of meaningful participation in forming legislation as a manifestation of a democratic rule of law? and 2) what are the obstacles to meaningful participation in forming legislation as a manifestation of a democratic rule of law? The research uses the normative juridical method with a statute and case Approach. Subsequent to the decision of the Constitutional Court Number 91/PUU-XVIII/2020, public participation would be more meaningful (meaningful participation), with at least 3 (three) requirements, namely: the right to be heard; second, the right to be considered; and third, the right to be explained
The Protection of Arwana Kelesak As A Native Species of Bangka Belitung Kusuma, Winanda; Permatasari, Bunga
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.5.2.271-287

Abstract

The protection of wildlife should be a concern of international law that is regulated in a legal framework agreed upon by the state by respecting sovereignty in implementing international law. Yet the implementation of sovereignty is a challenge for wildlife protection. In Bangka Belitung region in Indonesia live native species, one of which is the Arowana Kelesak. This species of fish in the fresh waters of Bangka Belitung without human intervention and, yet is not a native species. The priority of local regulations on the Arowana Kelesak species is still negligible. Therefore, the efforts to make this fish endangered status have to begin from the area where they live as long as the regulations are concerned. On the other hand, the application of Indonesian laws is not prioritized. The lack of valid scientific data is another challenge. This article aims to ensure that regional regulation of Arwana Kelesak is a necessity because CITES has listed this species as endangered. International legal regulations must be the basis for protecting species that Indonesia has ratified so that the seriousness of the regulations must be clear. On top of that, scientific information from the region regarding the location of the habitat is difficult to find and cannot be used as evidence to claim the threat of extinction. Whilst, illegal tin mining activities in this area pose an additional challenge to the protection of Arwana Kelesak. It is evidence that the mining pit has damaged freshwater ecosystems, especially such native species as the Arwana Kelesak. This article argues that international law through CITES and IUCN has to be taken into account by Bangka Belitung government. Similarly, local regulations and the attention of the central government as the official management authority of CITES need to be ensured to protect the Arwana Kelesak
Bridging Global Protocols and Local Wisdom: Innovating Refugee Assistance Through a Harmonized Protection Model Rahman, Malahayati; Rasyid, Laila M.; Sastro, Marlia; Rahmi, Agustia
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.181

Abstract

This paper examines the critical need to integrate the Global Protection Cluster (GPC) approach with local knowledge to improve the effectiveness of refugee aid programs. It analyses the foundational principles of the GPC method in conjunction with the valuable insights provided by indigenous knowledge systems, proposing a comprehensive model to align global strategies with local realities. The study highlights the multifaceted advantages of this integrated approach through an extensive literature review and illustrative case studies from various contexts, including Afghanistan, Jordan, Uganda, Ethiopia, and Indonesia. Particular emphasis is placed on the Rohingya refugee situation in Aceh, which serves as a pivotal case study demonstrating the transformative potential of incorporating local wisdom into program design. The paper advocates for a participatory model that prioritizes the active involvement of displaced communities in decision-making processes, ensuring that aid programs are culturally competent and responsive to refugees' specific needs. Key recommendations are provided for a wide range of stakeholders—policymakers, practitioners, organizations, and donors—emphasizing the importance of collaborative partnerships, adaptive program design, and community-led initiatives. The findings suggest that by embracing local knowledge and fostering inclusive participation, refugee aid programs can achieve greater sustainability and effectiveness, ultimately contributing to more resilient and empowered displaced populations.
The Right to Water: A Comparative Study of Law in Indonesia and South Africa Imawan, Riswandha
Jambe Law Journal Vol. 6 No. 2 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.2.103-124

Abstract

Water is essential for human life, so it cannot be denied that water has an important role in fulfilling other human rights, such as the right to life and the right to health. This implies the importance of good regulations related to water resources to ensure access and fulfillment of the right to water. This research seeks to answer the question of how regulations related to the right to water in Indonesia and South Africa compare, and most importantly whether these regulations are in accordance with international conventions, namely General Comment Number 15 on the Right to water. South Africa was chosen as a comparative country because its Constitution explicitly mentions the right to water for its people. This research was conducted using a comparative method of relevant laws related to the regulation of the right to water in Indonesia and South Africa. The results showed that Indonesia and South Africa have good regulations related to the right to clean water. Regulations related to water resources in both countries also support the efforts of both countries to fulfill the right to water.
Progressive Consderation of Judges in Deciding Sentencing Under Indonesia New Criminal Code Faisal, Faisal; Rahayu, Sri; Rahayu, Derita Prapti; Darmawan, Anri; Yanto, Andri
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.6.1.85-102

Abstract

The WvS Criminal Code of the Dutch colonial legacy does not formulate the objectives and guidelines of punishment in it, there are only rules for retaliatory criminal provision. The National Criminal Code has formulated explicitly the purpose and guidelines of punishment in it as a reference for judges in sentencing crimes. The purpose of this study is to analyze the basic idea of the objectives and guidelines of punishment which then the objectives and guidelines of the punishment will be a progressive consideration of judges in deciding the criminal conviction of criminal offenders. The research method used is normative legal research. The focus of the research analysis is on the concept of norms Article 51 to Article 54 of the National Criminal Code concerning the objectives and guidelines for punishment. Using the Law approach and analytical approach in explaining problems with the study of literature literature. The results of the study concluded that the basic idea of the purpose and guidelines of punishment is how criminal punishment can be humanist and in accordance with the values of Pancasila. There are at least 3 points that are considered as the basic idea of the goals and guidelines for punishment, namely uphold goals, strengthen principles and review guidelines. Furthermore, the purpose and guidelines of sentencing will be the affirmation and progressive consideration of the judge in sentencing the crime. Judges in enforcing the law become less rigid so that the balance between intellectual and spiritual intelligence plays an important role. Imposing crimes with a sense of humanity and justice. Punishment must contain humanitarian, educative and justice elements
Implementing the ASEAN Agreement on Disaster Management and Emergency Response for Better Coordination and Simplification Procedures Triyana, Heribertus Jaka; Harjono, Novita Putri; Mcdermott, Ronan
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.5.2.147-205

Abstract

This article aims to critically examine implementation of the ASEAN Agreement on Disaster Management and Emergency Response (AADMER) to cope with humanitarian assistance caused by disasters, complex emergencies and conflicts in South East Asian countries. It focusses on how the ASEAN member States initiate and implement coordination and simplification of procedures on how to deliver humanitarian assistance to victims once those situations are declared as regional concern. The analysis in this paper is mainly construed by normative legal research relied on information of facts and information of legal bases in order to find out legal gaps, ambiguity, overlapping institutions and conflict of norms on coordination and procedures between national and regional regulations, policies, programs and actions. It provides framework for analysis on how constructive engagements under the AADMER generate a distinctive legal feature for regional concerns dealing with humanitarian issues in South East Asian Countries. This article reveals that effective coordination and simplification of procedures are back bones for the AADMER implementation. Factually, regulatory impacts assessments have been assessed and factually carried out by ASEAN member States in terms of increasing their understanding, allocation of all available resources and reducing potential risks when they create and implement their national rules and regulation on disaster, complex emergency and conflicts. However, at the same time, they tend to be reluctant to take measures on underlying necessity of legitimate reasons, authority as well as their advanced resources. It is necessary to be shared to reduce capacity gaps for better effective coordination and simplification of procedures due to their narrowed understanding of state’s sovereignty to shield their unwillingness to cooperate
Islamizing Environmental Law in Indonesia; Rethinking the Green Fatwa Najemi, Andi; Rapik, Mohamad
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.290

Abstract

The enforcement of environmental law in Indonesia is inseparable from the existence of laws regulating the environment. However, the said law and its enforcement fail on a large scale to ask people to participate positively in environmental protection and conservation. The failure to apply and enforce the law has inspired many activisms to look at Islamic principles as the potential value to help the protection of the environment. In Indonesia, green fatwas have also been enacted to help address the issues. While many articles and academic works begin to propose Islamic environmentalism, this article goes even further by proposing the Islamization of environmental legislation. As a doctrinal study, this article relies on legal material related to the topic of green fatwas and environmental law. To sharpen the analysis, this article also employs social engineering theory. This article demonstrates dualism between the green fatwas and environmental law has resulted in the failure to attract people’s compliance. Therefore, the article recommends that assimilation between the green fatwas and the environmental law be made in the future politics of law concerning environmental law.
The Role of Environmental Principles in Mining Resources: A Discourse of Islamic and Indonesian National Law Hidayah, Ahdiyatul; Fahrozi, Faturrahman; Rifani, Ahmad
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.6.1.23-45

Abstract

Human life is inherently intertwined with the environment, serving as the backdrop for all daily activities. It is within this environment that individuals fulfill basic needs such as sustenance, shelter, and resources, often without a full appreciation of the environment's profound significance. The extraction and utilization of resources, particularly from mines within the Earth, play a pivotal role in meeting human needs. This study highlighted that mine, as products derived from the Earth's depths, merit responsible stewardship to ensure sustainable use. It is imperative for humans to recognize the broader societal implications of mining activities beyond personal interests. Islamic principles advocate for the equitable distribution of mining resources as a communal right and shared property. This perspective allows for the enjoyment of these resources by all individuals. Islam does not preclude the delegation of mining resource management to the government, emphasizing national prosperity. In tandem with Islamic principles, Positive Law acknowledges the government's authority to grant mining rights to various entities. Private businesses, cooperative entities, and individuals are among those eligible for such rights, contingent upon obtaining proper business licenses from relevant authorities. This legal framework aligns with the overarching goal of fostering national development and ensuring responsible resource management for the benefit of society.
Rethinking the Future of Indonesian Coffee: Legal, Social, and Political Perspectives Hartati, Dwi Surya; Oktaviarni, Firya; Windarto, Windarto
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.6.1.69-84

Abstract

The idea of the Geographical Indication (IG) for coffee is not only to achieve high-quality of products but also to enhance the standard of benefits for coffee farmers. This article demonstrates discrepancies between hope and reality; quality and economic impact prevailing in the case of coffee products in Jambi Province of Indonesia. It is argued that such discrepancies potentially degrade coffee’s future in Indonesia due to farmers’ ignorance. Besides, the government policy concerning the IG has ended up with gaps between farmers’ orientation and the government’s political interest and policy in utilizing the coffee GI rights. Data were collected to analyze and address the problem from legal, social, and political perspectives. Our findings emphasize the government’s role as the grantor of rights to manage GI rights in a holistic context beyond legal positivism in order to enhance the benefits of coffee farmers in Indonesia

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