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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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Local Wisdom in Indonesia: Assessing its Legal Status and Role in Forest Protection Helmi, Helmi; Pebrianto, Dony Yusra; Hafrida, Hafrida; Kusniati, Retno; Saputra, Beny
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.6.2.125-141

Abstract

This study delves into an examination of the role played by local wisdom in the protection of forests. The recognition and acknowledgment of local wisdom, enshrined in customary law within the environments of indigenous peoples, encounters challenges, particularly when the legitimacy of customary law itself is in question, especially concerning forest protection. In addressing these concerns, a normative juridical approach was employed to scrutinize legal source materials. The findings of this research affirm that the recognition of indigenous peoples as legal entities, particularly under international law, necessitates collective consideration. Through this conceptual framework, indigenous peoples can assert their aspirations autonomously and even advocate for international policies aimed at safeguarding and upholding the rights of indigenous peoples globally, with predetermined terms and conditions. The study underscores the contribution of local wisdom to forest protection, exemplified by the formulation of customary forest concepts applicable to indigenous communities. Local wisdom has demonstrated efficacy in averting and mitigating forest damage, particularly within customary forest areas, owing to the steadfast adherence of indigenous peoples to the principles encapsulated in their customary law. Moreover, the effectiveness of local wisdom in forest preservation is bolstered by the intrinsic characteristics of traditional indigenous communities, fostering wise and sustainable forest management practices. The study posits that the normative nature of customary law, as a living legal entity, may face ineffectiveness, potentially jeopardizing its own existence. Nonetheless, it contends that the state should formally recognize the exclusivity of customary law through constitutional and legal frameworks, thereby fortifying the application and viability of customary law within predetermined geographical areas and communities designated by the government
Legal Aspects of Indonesia's Obligation to Use Renewable Energy Imawan, Riswandha; Rehulina, Rehulina
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.5.2.229-249

Abstract

The continued use of fossil fuel energy can increase the concentration of CO₂ gas in the atmosphere and is a major cause of climate change. Amid concerns about the impact of fossil fuel energy use, fossil fuels still dominate national energy consumption in Indonesia. In this position, it is important to know how the legal aspects related to Indonesia's obligations in the utilization of natural resources, especially in encouraging the use of renewable energy. This research is a normative juridical research. This research aims to analyze what legal aspects provide an obligation for Indonesia to make an energy transition. This is important to encourage the use of renewable energy in Indonesia. The results of this study show that Indonesia has an obligation to encourage the use of renewable energy, where this obligation arises from aspects of national law and from aspects of international law
In Dubio Pro Natura: in Doubt, should the Environment Be a Priority? A Discourse of Environmental Justice in Indonesia Arifin, Ridwan; Idris, Siti Hafsyah
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.6.2.143-184

Abstract

This study explores the critical question of whether the environment should be prioritized in situations of uncertainty, encapsulated by the Latin phrase “In Dubio Pro Natura” (In Doubt, For Nature). Focusing on the context of Indonesia, the discourse navigates the complex terrain of environmental justice. The study delves into the multifaceted challenges faced by Indonesia, considering economic development, social equity, and ecological sustainability. By examining cases of environmental degradation, resource exploitation, and their societal implications, the study aims to shed light on the ethical dimensions of decision-making in the face of environmental uncertainties. Drawing on diverse perspectives, including indigenous knowledge and international frameworks, the discourse advocates for a nuanced approach that balances economic growth with environmental stewardship and social justice. Ultimately, this study outlines the necessity of reevaluating priorities, fostering sustainable practices, and ensuring equitable environmental policies for the well-being of present and future generations in Indonesia.
Blue Carbon: Integrative Management of Coastal Ecosystems Based on Regional Autonomy Anwar, Muhammad Syaiful; Ruhtiani, Maya; Hendriana, Rani
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.6.2.185-204

Abstract

Coastal ecosystems are unlimited natural resources owned by archipelagic countries. The division of management of coastal areas in the use of blue carbon between the central government and regional governments based on regional autonomy needs special attention. The article implies a strat­egy that recognizes the importance of coastal ecosystems, particularly in blue carbon sequestration, and advocates for a comprehensive and decen­tralized management approach that considers the unique characteristics and needs of different regions. This approach aligns with the concept of regional autonomy, emphasizing the involvement of local authorities in decision-making processes related to the management of coastal ecosys­tems. The focus of this article is to determine the urgency for the state to have absolute control over coastal areas in utilizing blue carbon based on regional autonomy and to determine the extent to which the pattern of sustainable blue carbon policy management in coastal areas is a form of state accountability. This article shows that regional government participa­tion in blue carbon management in coastal areas must be done based on their restricted autonomy rights, a systematic and structured sustainable, integrative policy pattern in environmental management as a form of en­vironmental protection.
Returning the Stolen Land (The Current Settlement of the Senamanenek Kampar Indigenous People with PT. Perkebunan Nusantara V) Firdaus, Firdaus; Hendra, Rahmad; Samariadi, Samariadi; Firmanda, Hengki
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/home.v6i2.316

Abstract

Conflicts over land between Senamanenek Indigenous Peoples of Kampar Regency and PT. Perkebunan Nusantara V has occurred since the early 1990. While national legislation acknowledges adat (customary) as a legitimate basis for rights, the current legal framework presents significant hurdles for communities seeking to assert their land claims based on adat rights. As an empirical legal research, this study tries to propose a new dispute resolution model to deal with the problem. This research found that government intervention as the owner of State-Owned Company capital determines the resolution of customary land disputes such as the PTPN V and Senamanenek Indigenous Peoples disputes. The settlement was carried out after receiving a presidential order and the United Indonesia Cabinet Limited Meeting results by returning the land and its contents from the PTPN V to the government. Then, the government hands over to individual Senamanenek Indigenous Peoples members who are issued certificates of ownership through the TORA mechanism.
Striking A Balance Between Job Creation and Sustainability: The Need to Establish A True Environmental Protection Authority in Indonesia Dhiaulhaq AR, Muhammad Irfan; Heriyanto, Dodik Setiawan Nur
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.v7i1.317

Abstract

The passing of Law No. 6 Year 2023 on Job Creation has seriously damaged relations between humans and the environment. This statute still provides a lot of convenience and freedom for industry to carry out economic activities and does not pay much attention to the environment. The imbalance between economic activities and environmental sustainability is indicated by the simplification of environmental permits carried out by the government. The government tends to simplify the permit by decreasing the degree of environmental protection obligation documents before establishing business in Indonesia. Using normative legal research methodology, this research examines the suitability of Job Creation Law to the basic principles of environmental sustainability. Apart from that, this research also examines the need to establish an Environmental Protection Authority in Indonesia to make sure that any activities within the territory of Indonesia comply with the environmental protection obligation. The results of this research show that the Job Creation Law prioritizes business interests to expand employment opportunities and ignores environmental conservation efforts. The simplification of permits in the Job Creation Law will accelerate environmental damage without control by diminishing the obligation to fulfill Environmental Impact Assessment (AMDAL) for business actors. If this situation gradually spirals out of control, this research proposes the establishment of an Environmental Protection Authority as a forum to ensure that every business activity in Indonesia must pay attention to environmental sustainability.  Indonesia can learn from the practice of the developing country by empowering the Environmental Protection Authority to develop, supervise, and enforce environmental sustainability obligations.
Hungary’s AI Strategy: Lessons for Indonesia’s AI Legal Framework Enhancement Saputra, Beny; Hartati, Hartati; Bene, Olivér
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.v7i1.325

Abstract

This study analyses Hungary's approach to regulating artificial intelligence (AI) by analyzing their AI Strategy (2020-2030) and provides insights for improving Indonesia's legal framework. In Hungary, although there is no dedicated legislation for artificial intelligence (AI), the country places a high importance on adhering to current regulations to regulate AI technologies. This paper does a comparative analysis to evaluate the influence of Hungary's approach on the advancement of artificial intelligence (AI), the methods used to enforce regulations, the ethical principles followed, the safeguarding of data, and the extent of international partnerships. This research seeks to offer practical insights for enhancing Indonesia's legal infrastructure in the field of AI governance and technology regulation by comparing Hungary's regulatory landscape with Indonesia's current framework. The purpose of the research is to provide guidance to policymakers and stakeholders in Indonesia regarding effective tactics and best practices based on Hungary's experience. This will assist in enhancing Indonesia's regulatory framework for AI and technology
The Beginning of the Human Rights 5th Generation: A Lesson from Covid-19 Outbreak in Indonesia Al-Fatih, Sholahuddin; Aditya, Zaka Firma
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.v7i1.339

Abstract

This research tries to find the root cause of the spread of fake news during the Covid-19 pandemic in Indonesia. The Indonesian Ministry of Information and Communication recorded that there were 519 or 56% of the total 926 fake news during semester 1 of 2020. This figure doubled in October 2020 with a total of 1,028 fake news in the health sector especially dealing with Covid-19. Whereas, in the perspective of Human Rights, everyone has the right to get the correct information. This statement is guaranteed in Article 28F of the 1945 Constitution, Article 19 UDHR, and Article 19 of the ICCPR. These problems were then analyzed using a prescriptive method to find new concepts related to fake news to prevent a pandemic. This study indicates that the spread of fake news during the Covid-19 pandemic in Indonesia was greatly influenced by low literacy and public knowledge, lack of self-awareness, and a tendency to attack political opponents
Students' Perception of the Criminalization of Cohabitation (Kumpul Kebo) in Indonesia: From Quantitative to Normative Analysis Hafrida, Hafrida; Haryadi, Haryadi; Munandar, Tri Imam; Rakhmawati, Dessy; bt Ab. Kadir, Noor Aida
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.v7i1.340

Abstract

Living together as unmarried partners, commonly known as cohabitation or “kumpul kebo” in Indonesia, was not prohibited under the old Indonesian Criminal Code (KUHP). However, in light of Indonesia’s cultural emphasis on decency, cohabitation has recently been criminalized. According to Article 412 paragraph (1) of the New KUHP, cohabitation is now considered a criminal offense, punishable by a maximum fine of thirty million rupiahs and imprisonment for up to six months. This legal development sparked significant reactions among university students, who voiced their concerns during protests against the New KUHP. Debates continue regarding the legality of cohabitation, prompting this study to investigate the perception among students in Jambi Province regarding its criminal status. The findings indicate that 55.3% of the 340 respondents from local universities believe cohabitation should not be illegal. They argue that ethical considerations are more pertinent, suggesting that societal and moral sanctions against offenders suffice. Those who contest such views may resort to customary law for civil proceedings against offenders they deem to have transgressed societal norms
Narrating Recruitment Model for Legislator Candidates: Is It Fair? Mutawalli Mukhlis, Muhammad; Maskun, Maskun; Budiyanto, Budiyanto; Jumas, Jumas; Rahadian, Dian; Olemanu Lohalo, Georges
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.v7i1.345

Abstract

This research analyzes the problems of democratic and aspirational recruitment models and mechanisms for legislative candidates by political parties, aiming at formulating cadre-based recruitment arrangements that best represent democratic ideals. Using normative legal, conceptual, statutory and comparative approaches, this article argues that there are two principal recruitment problems. First, legal arrangement pertaining to methods, procedures, and requirements for the recruitment is generally absent from the statutory regulations.  Second, the internal process of decision-making within the political party is generally undemocratic, owing partly to the pragmatism and power-oriented calculation of the elites within the party. Recommendation for ideal recruitment arrangements is thus proposed to ameliorate these problems. Among others, the recruitment by political parties must consider aspects of representativeness, ideological consistency, internal political party flow, development of career path-based cadre systems, and quota fulfillment. Additionally, political party cadre needs training to boost their skills in carrying out main duties and functions as a member of the Board People's Representatives

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