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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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Reassessing State Responsibility for Indigenous Rights to Natural Resources Based on Justice Principle Soelistyowati, Soelistyowati
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.v7i1.347

Abstract

Indigenous peoples' existence is intrinsically linked to their customary rights, with significant disputes arising over the formal recognition of these rights. However, conditional or partial legal recognition frequently disadvantages indigenous communities. The state has a responsibility to uphold the rights of indigenous peoples, necessitating regulations that effectively safeguard their land rights. This article examines the recognition and fulfilment of indigenous peoples’ rights to natural resources through legal analysis, conceptual frameworks, and case studies. The findings indicate that since 1998, there has been a governmental intent to formally recognize indigenous rights to natural resources, as reflected in various laws and regulations. However, the implementation of these rights has been challenging due to ambiguities in the 1945 Constitution and the related regulations. Effective fulfilment of Indigenous land rights must adhere to key principles, including recognition of jurisdictional areas, the right to self-determination, Indigenous consent, community involvement, and the provision of fair compensation
Guarding Privacy in the Digital Age: A Comparative Analysis of Data Protection Strategies in Indonesia and France Natamiharja, Rudi; Setiawan, Ikhsan
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.v7i1.349

Abstract

Personal data protection is a critical issue in the contemporary digital era, marked by a significant rise in data collection and processing by both governmental and private entities. Indonesia, with its recently enacted Personal Data Protection Law, faces substantial challenges in implementation and enforcement. In contrast, France, as an EU member state, adheres to the General Data Protection Regulation (GDPR), widely regarded as the global benchmark for data protection. This study employs a comparative analysis to examine the legal frameworks, enforcement mechanisms, and data subjects' rights in Indonesia and France. Data were gathered through an analysis of legal documents, policy reports, and case studies on regulatory implementation in both countries. The results reveal that while there are notable differences in regulatory approaches and specifics, both countries aim to safeguard individuals' data rights. France's GDPR provides a more comprehensive and structured framework, whereas Indonesia is in the nascent stages of developing and refining its data protection regulations.
Free, Prior, and Informed Consent Principles as Indigenous Peoples’ Right: Soft Law or Hard Law? Kusniati, Retno
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.v7i1.350

Abstract

Ensuring conformity between national laws and international law principles is crucial for states, particularly concerning the adoption of the Free, Prior, and Informed Consent (FPIC) principle to safeguard the natural resource rights of Indigenous Peoples. Numerous development initiatives proceed without indigenous consent, resulting in significant harm. Policies impacting indigenous communities should be established through prior consultation and their explicit endorsement to align with local wisdom and values. This paper explores the imperative to reevaluate the FPIC principle within legal frameworks. Using both conceptual and statutory analyses, it assesses whether FPIC constitutes a binding obligation with legal ramifications that necessitate incorporation into national law (hard law) or remains a non-binding guideline (soft law). The State’s role in implementing this principle to shield indigenous groups from detrimental development projects affecting their natural resources and cultures is scrutinized. The foundational ethos of FPIC is rooted in defending Indigenous Peoples’ entitlements to natural resources. Lastly, legislative recommendations are offered to define FPIC as a legal norm, ensuring legal certainty and guiding judicial decisions in upholding these rights
Emphasizing the Role of Diplomatic Agents for Repatriation of Ex-Foreign Terrorist Fighters (FTF): Study of Indonesia Triyana, Heribertus Jaka
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.333

Abstract

Repatriation of the ex-Foreign Terrorist Fighters (FTFs) has been initiated since 2020 where many ex-Indonesians are trapped and scammed in the conflicting areas. These individuals, often branded as ex-nationals upon leaving their homelands, have engaged in violent conflicts in Syria, Iraq, and beyond. With ISIS’s territorial grip weakening, these ex-FTFs now attempt to return to their origin countries, such as Indonesia. The analysis in this paper is mainly constructed by the role and function of diplomatic and consular agents on their repatriation. They are directed to the existence of customary international law as the primary source of international law in order to find out the relevance of their repatriation. It provides a legal framework of analysis on how the state conducts dealing with these complex emergencies abroad on state protection to its own nation abroad. The clarity and robust guidance could reduce complex dilemmas for the governments in managing this repatriation. While some call for imprisonment or even elimination, repatriation highlights the crucial role of reintegration and rehabilitation programs. It underscores the legal responsibilities of states under international law, advocating for the protection of human rights while maintaining national public safety conducted by diplomatic and consular agents
Revitalization of Village-Owned Enterprises to Strengthen the Community Economy in Indonesia: Between Policy and Prosperity Satoto, Sukamto; Nuriyatman, Eko; Mushawirya, Rustian; Mujib, M. Misbahul; Haq, Muhammad Izzul
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.364

Abstract

Indonesian president-elect, Prabowo Subianto, has emphasized his vision through Astacita, continuing President Joko Widodo’s Nawacita concept. The primary focus is on village development and community economic empowerment to reduce inequality and poverty. This study employs a qualitative descriptive approach, analyzing legal data, regulations, and philosophical, political, and economic perspectives related to Village-Owned Enterprises (BUMDes). The main objective is to explore the urgency of revitalizing BUMDes to encourage village development, improve the local economy, and align with policies aimed at fostering community-based welfare.  The Village Law strengthens the role of villages in development, with BUMDes acting as a key driver of the village economy. However, BUMDes faces challenges in management and competitiveness. To address this, revitalization and collaboration are necessary to increase productivity, leverage local potential, and support community welfare. The government must enhance policies, improve management capacity, and protect BUMDes from harmful competition. Digitalization and synergy between villages also present solutions to bolster the village economy in the Industry 4.0 era.  BUMDes plays a crucial role in boosting the village economy based on local potential, but participatory, transparent, and professional management is essential for its independent development. Strengthening subsidiarity and village authority accelerates sustainable development, in line with global trends in enhancing local governance and village economic autonomy. The revitalization of BUMDes is a key strategy for improving the village economy through the optimization of village funds and digitalization. Addressing management challenges requires enhanced capacity for village officials, strict supervision, and inclusive policies to foster sustainable economic growth and community welfare
Can Electronic Land Rights Registration Help Prevent Land from Mafia Practices? Rosmidah, Rosmidah; Fathni, Indriya; Supeno, Supeno; Abubakar, Yusuf Sani
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.375

Abstract

The high demand for land causes the state to regulate the land ownership and registration system to create an orderly land administration. Unfortunately, according to the Ministry of ATR/BPN in 2024, 45 percent of land has not been registered administratively, either through systematic or sporadic registration. This situation creates an opportunity for irresponsible individuals to control land through the use of land mafia networks illegally. This study aims to find the legal certainty of electronic land registration. The problem is whether or not electronic land registration can prevent land mafia practices. Through normative legal research, it is concluded that one such model that works well to ensure the prevention of land mafia is the implementation of an electronic land registration system. This approach is aligned with the use of technology in the digital era, offering more practicality and modernity, while also providing enhanced legal certainty over land ownership. Thus, electronic land registration is essential for the anti-land mafia
Clearing the Hurdle of Corruption: Indonesia’s Path to OECD Accession Cason, Christopher Michael; Hefni, Hanna Adistyana
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.379

Abstract

Indonesia has recently entered into formal talks with the Organization for Economic Cooperation and Development (OECD).  While debate persists about the wisdom of such a move, it is relevant to recognize that there are many hurdles to overcome. The OECD has provided Indonesia a roadmap outlining both procedures and substantive legislative provisions required for accession to the OECD treaty.  Among these requirements,  OECD membership candidates must establish law that are in compliance with the OECD Anti-Bribery Convention.  Given Indonesia’s history, this component may pose a significant impediment to OECD membership.  To explore this, the study examines the accession path of other recent members to the OECD and provides guidance for clear changes that are required to Indonesia’s legal framework surrounding corruption.  This study found that compliance with the OECD Anti-Bribery Convention as imperative, as demonstrated by the experiences of countries that have recently joined the OECD and other candidate countries that are further along in the accession process than Indonesia.  This research also demonstrates that significant legislative changes to Indonesia’s legal framework on corruption are required for full accession to the OECD Convention
Re - appraising the Tax Exemption of Social Enterprises (SEs) in Malaysia: Selected Tax Exemption Theories Md Radzi, Mohd Shahril Nizam; Mohd Ariffin, Rabiatul Adawiyah; Abd Aziz, Hartinie; Abd Ghadas, Zuhairah Ariff; Anas, Andi Muhammad Aswin
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.381

Abstract

Re-appraising the tax exemption of social enterprises (SEs) in Malaysia from a theoretical perspective involves the underlying frameworks that justify the current tax policies applied to SEs. SEs have increasingly become pivotal in addressing societal challenges such as poverty alleviation, environmental sustainability and community development. The approach taken by Malaysian government to taxing SEs has a notable effect in achieving their social goals. One of the significant constraints for SEs in Malaysia is their tax treatment as business entities. Despite their main purpose is for public good, identical to charitable organizations, SEs are subject to taxation like business entities. Particularly, SEs are not entitled for the tax benefit as offered to charitable organizations. The tax regulatory framework does not recognize a SEs by the legal definition and there are no established tax incentives in the current legal framework that are specific to SEs. Despite the clear fact that charity organizations and charitable activities are exempted from tax, there is no tax exemption granted for SEs in Malaysia. Consequently, SEs are treated as business entities under Income Tax Act 1967. This article utilizes the argument to justify tax exemption for SEs in Malaysia. For the purpose of this discussion, this paper applied library research approach combining legal research methodology which mainly involves document analysis such as case law, legal provision and legal theories to see how they might be used to the subject matter. The paper makes a finding that tax exemption for SEs in Malaysia could be justified based on the theories of Public Good Theory, Donative Theory and the Subsidy Theory. By applying this notion, tax exemption should be granted to SEs not only for charitable organizations
Judicial Preclusion in International Arbitration: Comparative Analysis of UK, Australia, and Malaysia’s Practices Che Rosli, Iyllyana; Ghouri, Ahmad; Ghapa, Norhasliza; Zakariah, Asril Amirul; Kamariah Musa, Murshamsul
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.385

Abstract

This paper examines the issue of judicial preclusion in international arbitration, focusing on whether an award-debtor’s failure to challenge a foreign award at the supervisory court precludes them from contesting the enforcement of an award in another jurisdiction. Through a comparative analysis of judicial practices in the United Kingdom, Australia, and Malaysia, the study evaluates the extent of harmonisation in the application of Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (NYC 1958). The findings reveal divergences: while UK and Australian courts adopt a flexible approach, allowing enforcement-stage challenges irrespective of prior actions at the supervisory court, Malaysian courts demonstrate a strong pro-enforcement bias, often deferring to the decisions of the supervisory court and restricting opportunities for re-litigation. This paper engages with the theories of res judicata and finality, exploring their interplay with judicial discretion and highlighting the tension between fairness and the finality of arbitration awards. It concludes with critical recommendations for enhancing harmonisation under the NYC 1958, including clearer guidelines on judicial preclusion, the integration of international best practices, and reforms to balance enforcement predictability and certainty in international arbitration
Juvenile Criminal Responsibility in Justice Systems: A Comparative Study of Judicial Interpretations in Indonesia and Australia Muchtar, Syamsuddin; Irwansyah, Irwansyah; Yunus, Ahsan; Pratiwi Arifin, Arnita; Faried, Markham
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.387

Abstract

This study explores the intersection balance between legal frameworks and customary obligations in the imposition of additional punishment by judges, particularly in the context of juvenile justice in Indonesia. As a normative-legal research, this study employs philosophical, theoretical, and conceptual approaches to examine how juvenile criminal justice systems of Indonesia and Australia, with focus on the Provinces of Bali and West Papua, where indigenous and local knowledge play a significant role in shaping judicial decisions. The findings reveal that Indonesian judges incorporate theological, sociological, and legal considerations when determining juvenile criminal responsibility. By blending community norms with legal principles, they aim to ensure justice that aligns with societal values. This approach underscores the significance of harmonizing legal decisions with local cultural expectations, fostering a restorative justice model that prioritizes rehabilitation over punishment. In contrast, Australia’s juvenile justice system emphasizes formal legal procedures and rehabilitation but does not integrate local cultural norms as extensively as Indonesia. By comparing these two systems, the study provides valuable insights into how legal frameworks can adapt to diverse cultural contexts while upholding universal principles of justice. This research enriches the global discourse on juvenile justice, highlighting Indonesia's experience as a compelling example of a legal system striving for justice through a culturally sensitive and restorative approach.

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