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Jambura Law Review

jalrev
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Published by Universitas Negeri Gorontalo

ISSN : 26549255 EISSN : 26560461 DOI : 10.33756

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including, Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.

Arjuna Subject : -

Articles 10 Documents

Search results for , issue "VOLUME 3 SPECIAL ISSUES APRIL 2021" : 10 Documents clear

The Function Of Sharia-Based Regional Regulations On Education And Social Services In The Regions Achir, Nuvazria; Kamba, Sri Nanang Meiske
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Through access to regional autonomy, the desire of various regions to formulate Islamic law into their laws and regulations in order to fulfill rights and obligations and respond to various problems of society becomes more open. Therefore, the purpose of this research is to reveal how the function of Sharia Regional Regulations in the implementation and fulfillment of basic service duties of local government, especially from the aspects of education and socio-culture in Gorontalo Province. This type of research includes normative legal research supported by empirical data, which examines comprehensively and analytically the primary and secondary legal materials, using statute approach and case approach. The result of the research indicates that the existence of these regional regulations is one of the provisions ensured in Law no. 23 of 2014 on Local Government and Government Regulation Number 38 of 2007 on the Division of Government Affairs, between the Provincial Government and Regency/Municipal Government. The regional regulations drafted and compiled by the Gorontalo provincial government actually assure harmony of life, security, and order. As it is in the field of one's religious education. The existence of the Regional Regulation of Reading and Writing Al-Qur'an in Gorontalo is able to embody the desire of students to develop their education to higher level, as a condition for entering the next school level. Meanwhile, from the socio-cultural aspect, the existence of Regional Regulations on the Prohibition of Gambling, Prostitution, and Liquor, helps the government create order and tranquility in people's lives, maximize regional potential and development, especially with regard to local wisdom. Therefore, the Regional Government requires to implement and maximize the provisions of sharia regional regulations in order to support development, especially those related to basic services in various aspects, in order to maximize the regional potential and local wisdom.

The Model Of Local Regulation Of The Human Rights Fulfillment Based On Progressive Law Neta, Yulia; Budiyono, Budiyono; Firmansyah, Ade Arif
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

One of the materials for the amendment of the 1945 Constitution is the guarantee of human rights and constitutional rights of citizens. This change can be seen as a manifestation of awareness about the importance of protecting the human rights and constitutional rights of citizens, which grows and becomes the spirit of reform. Local governments have an important role in presenting the spirit of reform by presenting Regional Regulations for the Fulfillment of Human Rights. The material model for the content of the Local regulation Fulfillment of Human Rights based on progressive law relies on three things, namely: laws and regulations that regulate human rights both vertically and horizontally, the contextual reality of the recognition and protection of human rights found in local communities and thirdly for humans and humanity. Systematically, the division of chapters containing the content in it consists of: general provisions; principles and objectives; type of human rights; human rights recognition; protection of human rights; fulfillment of human rights; community participation; guidance and supervision; funding and closing provisions. By using the socio-legal approach, this paper describes the material model for the content of regional regulations regarding the fulfillment of human rights based on progressive law.

Model Of Punishment: Juvenile Justice Systems Nur, Rafika; Bakhtiar, Handar Subhandi; Miqat, Nurul; Darmawati, Darmawati; Mustawa, Mustawa
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

The position of children who have special rights in the law makes children get special treatment. In the juvenile justice system in Indonesia, there are two systems of sanctions, namely criminal sanctions and actions, and this is done to realize the protection of children who are dealing with the law. This research is a normative juridical review, using a statute, comparative and conceptual approaches. The results show that the imposition of sanctions on children is based on the child's age, where children aged 12 to before 14 years can only be sanctioned with actions, and children aged 14 to before 18 years may be subject to criminal sanctions or actions.

Constitutional Compliance Solution to Law Testing Rulings in the Constitutional Court Sulistyowati, Tri; Ridho, Ali; Nasef, M Imam
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

One of the current constitutional issues in Indonesia is the non-compliance of the decision to immediately follow up the decision of the Constitutional Court, which is final. This paper aims to analyze forms of non-compliance with the decision of the Constitutional Court and create a model that is expected to be a solution to the problem. This type of research is juridical normative by using secondary data processed by editing and systematization techniques. The results showed the form of non-compliance of the decision of the Constitutional Court by the addresat of the decision is manifested in 3 (three) forms, namely normative, praxis, and normative and praxis forms. There are three proposed state-regulation solutions, namely judicial deferral by limiting the time of action, re-affirmation of judicial restraint, collaborative action, and collective awareness between state institutions.

Protecting the Consumer Rights in the Digital Economic Era: Future Challenges in Indonesia Arifin, Ridwan; Kambuno, Juan Anthonio; Waspiah, Waspiah; Latifiani, Dian
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

The emerging technological prospects affected many aspects, including consumer protection. The creation of data and computer-driven innovation would derive several advantages for consumers. Innovative products and services and new ways in which goods and services are developed and delivered. This paper aims to analyse how Indonesian legal policy on protection consumer rights in the digital era. The paper emphasized that it would advise against believing that policy is unreasonably permitted to give way to the technological agenda, whilst accepting that adaptations should be made and also that there should be a critical review of whether existing forms of regulation are needed in the digital economy of Indonesia. Regulations concerning to the protecting consumer rights in the world of e-commerce are still worrying even though many sectoral regulations have been promulgated, as well as weak supervision and lack of strict law enforcement in resolving consumer disputes. Trade regulation via the internet still raises many conceptual or theoretical questions that indicate the need to develop more detailed conceptual and theoretical explanations to the need for more complex laws and regulations to be able to protect consumers properly. More than that, national regulations are dealing with the context of trade through the internet, which transcends national boundaries without always being controlled through conventional means.

Positivization of Sharia Regional Regulations in North Sumatra Irwansyah, Irwansyah; Ananda, Faisar; Zulham, Zulham
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

The inability of the law to be an accommodating and acceptable rule makes for disharmony over diversity in Indonesia. Various sharia-nuanced regional regulations continue to emerge in various regional lines in Indonesia. However, it is necessary to conduct legal analysis related to its existence in the constitutional legal system in Indonesia. The research method used is normative juridical. The results showed that in a democratic country positivization of Islamic law both in absolute (law) and relatif (local regulations) does not violate in the constitutional legal system that also guarantees the fulfillment of human rights to its citizens. In addition, the lack of political will from the regional government of North Sumatra to support sharia-nuanced regional regulations proposed by districts / cities that are less responded to by the government at the provincial level that hinders the process of positivization of sharia-nuanced regional regulations in North Sumatra

Criminology Analysis of Women's as Perpetrators of Domestic Violence Crimes Ismail, Dian Ekawaty; Sarson, Mohamad Taufiq Zulfikar
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

This study aims to find out the analysis of women's criminology as perpetrators of domestic violence crimes. This research is a combination of Normative law research with prescriptive analysis techniques. As for approach is the approach of legislation (statute approach) and case approach. The results showed that factors that affect the number of acts of violence against husbands in the household, namely, economic factors, communication factors, factors of low understanding of religion in the household, factors of parents, husbands often consume alcohol, the presence of a third person in the household as well as psychological factors. Efforts made by law enforcement officials to tackle domestic violence crimes committed by women in Gorontalo city, namely, preventive countermeasures, curative countermeasures, and repressive efforts carried out at the crime time. In making this effort, the police must take action in case of domestic violence cases.

Guarantee Of Worker Rights During The Covid 19 Pandemic Agustanti, Rosalia Dika; Wahyuningsih, Yuliana Yuli; Satino, Satino
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

This research discusses the rights of workers / laborers during the COVID-19 pandemic and what if the employers do not meet these rights. Problem which is more in-depth about the employment that emerged during this pandemic, namely the occurrence of massive layoffs. The research was conducted using the Normative Juridical method. By applying the Statute Approach, Conceptual Approach, and Case Approach, the results show that employers have not been able to fulfill workers / labor rights during the COVID-19 pandemic. There are companies that have not implemented the clean lifestyle and occupational health standards K3 protection such as masks, hand sanitizer and personal protective equipment. Prevention and handling policies are still not optimal, the principle of maintaining social distancing has not been implemented optimally, there are still many workers who are jostling for work when they come to work, not to mention during the trip to work in public transportation. This situation makes them vulnerable to infection. However, they still have to go to work because of the risk of losing their income. Efforts that can be made if wages are not paid are to take the route or methods as regulated in Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The basis of a dispute between a worker/ laborer and an entrepreneur is a dispute over rights.

Dynamics of Village Head Election Arrangements Wantu, Fence M; Tome, Abdul Hamid
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

This study aims to analyze the arrangement of village head elections from the beginning of independence until now. The method used in this study is the normative legal research method regarding primary and secondary legal materials. The legal materials obtained are then analyzed descriptively. The results showed that the arrangement of the selection of village heads has its dynamics in line with the development of the politics of the law of the state that occurs. The existing legal, political conditions influence determining the conditions for the candidates of village heads. Although it has been regulated for a long time, it turns out that all existing laws and regulations have not made arrangements related to the provisions of the supervisory mechanism and the mechanism of resolving disputes for the selection of village heads. Regulation of the Minister of Home Affairs on the Selection of Village Heads attaches supervisory duties to the regional election committee. However, it does not make arrangements for how the surveillance process should be conducted.On the one hand, in the regulation, it is expressly mentioned the existence of supervisors in the implementation of village head elections. Nevertheless, it did not specify who the superintendent was. Similarly, the settlement of disputes for the selection of village heads is left entirely to the Regent /Mayor to do so. Granting authority to the head of the region can undermine the democratic process built by the village through the selection of village heads.

Criminal Action Without Proven in Money Laundering in Indonesia Ilato, Fadel; Majid, Abdul; Noerdajasakti, Setiawan
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Money laundering is a follow-up crime, an underlying crime from a predicate crime, so that the existence of money laundering cannot be separated from the original crime. How can money laundering occur without proving the original crime? Therefore, the aim of this study is to analyze the legal implications of predicate offenses without substantiation in money laundering in Indonesia. This research is juridical-normative research, which uses a statutory approach and a case approach. The results of this study indicate that there are legal implications for predicate offenses without proof in money laundering in Indonesia. Starting from breaking through the presumption of innocence and inconsistencies in legal norms in the TPPU Law. So, it is necessary to change the construction of norms contained in article 69 related to proving predicate crimes in TPPU.

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Novendri M. Nggilu

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Novendri M. Nggilu

Contact Email novendrilawreview@ung.ac.id

Phone -

Journal Mail Official jamburalawreview@gmail.com

Editorial Address Jl. Jend. Sudirman No. 6 Kota Gorontalo, Gedung Fakultas Hukum Universitas Negeri Gorontalo

Location Kota gorontalo, Gorontalo INDONESIA

Abstract

Abstract

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Abstract

Abstract

Abstract

Contact Name
Novendri M. Nggilu

Contact Email
novendrilawreview@ung.ac.id

Phone
-

Journal Mail Official
jamburalawreview@gmail.com

Editorial Address
Jl. Jend. Sudirman No. 6 Kota Gorontalo, Gedung Fakultas Hukum Universitas Negeri Gorontalo

Location
Kota gorontalo,

Gorontalo

INDONESIA