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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.

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Articles 10 Documents

Search results for , issue "VOLUME 4 NO. 1 JANUARY 2022" : 10 Documents clear

Legal Analysis of The Privacy of State-Owned Enterprises Ahmad Fauzi
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

The world's market economic system influences the management behavior of State-Owned Enterprises which has been lulled by the monopolistic system. The market economic system requires the community as the main actor and the state as the facilitator. Competition occurs in companies as well as in State-Owned Enterprises. To increase efficiency and productivity, must make changes to the management system by making structural adjustments which have been known as restructuring. The government formulates the direction of targets and policies for the management and supervision of State-Owned Enterprises Law Number 19 of 2003 concerning State-Owned Enterprises was made to fulfill the vision of future development; create a management and supervision system based on the principles of efficiency and productivity to improve performance and value in managing and confirming the role of government institutions and the position of government representatives as shareholders or capital owners to emphasize and clarify the relationship as an operator or business actor with a government institution as a regulator; to avoid acts of exploitation outside the corporate mechanism; to lay the foundations or principles of good corporate governance (Good Corporate Governance). The aim is to regulate operations, regulate restructuring, and privatization as a tool and method in State-Owned Enterprises.

Implementation of The Plantation Production Sharing Agreement in The Unwritten Agreement Form Teng Berlianty; Yosia Hetharie; Ronald Saija
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

This study aims to identify and analyze the implementation of the plantation production sharing agreement in Nalahia Village, Central Maluku. This research is a sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in Nalahia Village, Nusalaut District, Central Maluku, with the sample being the people of Nalahia Village who had implemented a plantation production sharing agreement. This type of research data is primary data and secondary data obtained through literature study and interviews. Based on the results of the research, the agreement for plantation production in Nalahia Village, Maluku is carried out according to the habits of the Nalahia people since the time of the ancestors in an unwritten form between the plantation owner and the sharecropper based on mutual trust that is attached and is still maintained to this day. The owners of the plantations are the indigenous people of Nalahia Village, while the sharecroppers are mostly not indigenous people but live and settle in Nalahia. This plantation production sharing agreement was agreed with the percentage of the distribution of the plantation products was 50: 50. although at this time, the percentage of the distribution could be different according to the agreement of both parties. The implementation of this plantation production sharing agreement will end with the completion of the smallholders harvesting the plantation products belonging to the hamlet owners.

Fulfilling the Right of Education during Covid19 Pandemic Period: A Comparative Study Hwian Christianto; Michelle Kristina
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

The right of education for citizens has been fulfilled diversely following the government policies. This study aimed to emphasize the importance of the education right and the imposition of criminal sanctions in order to protect the right of education during the Covid-19 Pandemic particularly in Indonesia, Japan and Australia. Normative juridical research methods described that government policies as outlined in the legislation constantly followed by criminal sanctions. The concept of education right was understood in a different way during the Covid-19 pandemic, as one of the derogable-right or adapted human right. For its fulfillment, some education right uses criminal sanctions as a primum remidium, an ultimum remidium, or does not impose criminal sanctions at all. The right of education still reman as a very important human right even during the pandemic period

Legal Certainty Of Aggregate Data Utilization In The Design Of Personal Data Protection Bill Desi Ariani Sinulingga
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

The government has prepared Bill on Personal Data Protection (PDP Bill) that comprehensively regulates the personal data protection of society. One of the provisions in the PDP Bill, which is considered to be an obstacle in digital economy growth is an exclusion of the rights of Personal Data holders and the obligations of Personal Data processors for Aggregate Data, which are only intended for the purpose of state administration. As a result, the utilization of Aggregate Data for various purposes both research and business cannot be carried out by the community. In this study, a research method with the normative juridical and analytical descriptive approach is used that focuses on laws and regulations, and library materials such as literature and journals. The regulation of Aggregate Data in the PDP Bill is contrary to the theory and Aggregate Data rules in other countries, which argues that Aggregate Data is not Personal Data. Therefore, Aggregate Data as a whole is excluded or removed from the regulation of Personal Data Protection, whether intended for the Government interest or other purposes.

The Problem of Diversion in Children Perpetrators of Traffic Violations in Indonesia Lafri Prasetyono Prasetyono
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

Children as perpetrators of traffic accidents that cause fatalities, this is one of the classic problems related to the application of the legal system and its functionalization by law enforcement officials in Indonesia. How is the protection of children in the juvenile criminal justice system related to the Diversion Problems in Children Traffic Violators in Indonesia? Regarding the Criminal Code and Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation and Law Number 11 of 2012 concerning the Juvenile Justice System as regulated in Article 1 paragraph (7), Article 12, Article 52 verse 5. The results of the research found that there are still disparities (differences) in the law enforcement process in Indonesia for children as traffic offenders and other findings related to diversion techniques are found in the Indonesian Police Criminal Investigation Unit No. Pol.: TR/1124/XI/2006 which provides instructions and rules that can refer to the completion of diversion efforts. Diversion efforts at the level of investigation related to Law no. 11 of 2012 concerning the Criminal Justice System, the prosecution and examination of children's cases in district courts have not been implemented optimally so it is recommended that at the level of investigation, prosecution, and examination of children's cases in district courts it is advisable to make diversion efforts.

Do Consumers of Online Transportation Services Get Legal Protection? Elfrida Ratnawati Gultom; Meta Indah Budhianti
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

Currently all the desired needs can be easily obtained, including the transportation of people or goods from one place to the destination. Only by downloading an online-based transportation application and pressing a button on a smartphone, the two- and four-wheeled transportation process can be carried out. Who is responsible in the event of an accident to passengers and damage to goods in the online-based transportation process? Do passengers and property owners get legal protection? is the subject matter that will be discussed in this article. The normative research method is used in this article, using secondary data and then processing it qualitatively by describing it descriptively. The conclusion obtained is the legal relationship between online vehicle drivers and the company as a liaison operator between the driver and passengers or the owner of the goods bound in a partnership agreement is responsible for consumer losses, this is written in the terms and conditions. Passengers and goods owners receive legal protection and compensation from online-based companies as operators due to accidents and damage to goods caused by online drivers.

Optimization of Regional Revenues Through Tax Revenues Regulation Mirza Nasution; Muhammad Yusrizal Adi Syaputra
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

This study aims to examine the Role and Function of the Agency for tax management and regional levy of North Sumatra Province in improving regional income. The research method used is normative legal research method with secondary data. Qualitative analysis is used to analyze problems. The results of the research obtained that Local Tax and Levy Management Agency plays an important role in the improvement of Locally-Generated Revenue North Sumatra through the receipt of Local Taxes. Regional Tax Receipts derived from Motor Vehicle Tax and Public Surface Water in North Sumatra are still low because that Local Tax And Levy Management Agency North Sumatra has not had a strategic policy that can support and improve the Locally-Generated Revenue of North Sumatra Province through Motor Vehicle Tax and Public Surface Water, a Limited number of human resources and low quality of human resources competencies in Local Tax And Levy Management Agency North Sumatra is one of the obstacle factors that Local Tax and Levy Management Agency does not run optimally.

Application of The Concept of Maslahah by Judges to Issuance of Marriage Dispensation Due to Pregnancy in Religious Courts Nur Mohamad Kasim; Indra Saputra Daud
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

The purpose of the study was to determine the substance of the granting of marriage dispensation due to pregnancy and to describe the implementation factors of the provision of marriage dispensation due to pregnancy in the Religious Courts. The research method used is sociological juridical research using a qualitative approach and taking three research locations in the Gorontalo area, namely the Gorontalo Religious Court, the Suwawa Religious Court and the Limboto Religious Court. This study uses prescriptive legal analysis. The results of the study, namely, substantially the provision of marriage dispensation due to pregnancy, namely the judge's consideration regarding legal considerations governing and applying the concept of maslahah if marriage dispensation is accepted/rejected the implementation factor of granting marriage dispensation due to pregnancy is considering the fate of a child who, if born without status, is rejected if the request for a marriage dispensation is rejected.

Fulfillment of The Constitutional Rights of Abandoned Children Victims of Economic Exploitation Nuvazria Achir
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

The existence of abandoned children who are victims of economic exploitation in Gorontalo City is very concerning, because there are many cases related to violence and unfulfilled guarantees of human rights to children. This study aims to find out how to fulfill the constitutional rights of abandoned children as victims of economic exploitation and its inhibiting factors in the city of Gorontalo. The research method uses a case approach and is analyzed qualitatively, data collection through observation, interviews and documentation. The results showed that the fulfillment of children's rights in Gorontalo city was carried out through assessment efforts, cooperation in regional apparatus organizations (OPD), the implementation of raids and interventions, the provision of protection cars (Molin) and mobile motorcycles (Torling) as well as the use of shelter facilities. Factors Hindering the fulfillment of rights include the Economic Difficulties of Parents, Education to children and families has not been sufficiently helpful, because the reasons for carrying out economic activities on their own desires and the demands of needs.

Principle of Maximum Liability of Available Resources (MAR) in Regional Finance in Indonesia Ansar Ansar; Zulkifli Aspan; Abdul Razak
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

One of the major resources in the regions is financial resources which are usually translated into the Regional Revenue and Expenditure Budget (APBD). In its management, it creates uncertainty about the fulfillment of human rights in regional financial management. This is because one of them is the regional financial regulation which causes the budget allocation for the issue of Economic, Social and Cultural Rights to be very inadequate. In this study, the authors used a normative research method by examining several regional regulations on APBD, using two approaches, namely the statutory approach and the conceptual approach. The research locations were selected in 6 regions, namely Bangka Belitung Islands Province, South Kalimantan Province, Malang City, Denpasar City, and Palu City. The author limits it only to economic, social and cultural rights in particular, the right to education, the right to health, the right to food, and the right to housing. Based on the results of the research, the authors propose that the government applies the Principle of Maximum Available Resources (MAR) in the management of regional finances, particularly in the budget for the fulfillment of economic, social and cultural rights.

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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

Abstract

Abstract

Abstract

Abstract

Abstract

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