Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Jambura Law Review

jalrev
Website

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 11 Documents

1 2

Search results for , issue "VOLUME 4 NO. 2 JULY 2022" : 11 Documents clear

Hostile Takeover Law and the Challenges in Market for Corporate Control: A Comparative Analysis between Indonesia and the United Kingdom Yeselia Salim; Ulya Yasmine Prisandani
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The concept of hostile takeover is still unrecognized under Indonesian laws and regulations despite its importance in keeping the corporate board in check and corporate governance better implemented in a company. This article seeks to explore the extent of the current environment and regulation in Indonesia able in accommodating hostile takeover in relation to the market for corporate control in Indonesia by using hostile takeover as a mechanism to measure. A comparative analysis is then conducted with the United Kingdom United Kingdom as a country with an active market for corporate control, specifically with the methods employed to deal with hostile takeover.

Costumer Explicit Consent Under Indonesian Open Banking Regulations Anis H. Bajrektarevic; Umi Khaerah Pati; Mellisa Towadi; Anugrah Muhtarom Pratama
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The implementation of GDPR and PSD2 in the EU as well as the PSD2 alignment with GDPR, encourage central banks in various countries including Indonesia to immediately implement an open banking system that also prioritizes privacy data protection. The PDP bill principle of explicit consent must be applied in open banking financial transactions that in Indonesia as stated in the National Standard Open API Payment (SNAP) 2021 (a Technical Standards and Governance Guideline). However, there are some fundamental differences regulated in PSD2 when compared to SNAP which will hinder Indonesia's adequate GDPR. This research is normative research with statutory approach and comparative approach. The results showed that there are some fundamental differences between PSD2 and SNAP, including the parties involved, data portability and the concept of re-consent or re-confirmation which are not regulated in SNAP but regulated in PSD2, for the concept of sensitive data payment, neither SNAP nor PSD2 provide the specific concept, both define it broadly.

Attainment of Gender Equity and Social Justice for Nigerian Women Through the Implementation of CEDAW’S Right to Choose: an Initiative for the Development of Nigeria
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The Convention on the Elimination of all forms of Discrimination against Women (CEDAW) is yet to be domesticated and implemented in Nigeria. Hence, its provisions, particularly, Article 16(1) (e) which provided inter alia that, men and women should be given the same right to decide freely and responsibly on the number and spacing of their children, cannot be given effect to. Hence, when it comes to deciding on the number and spacing of children, women in Nigeria are not given any say. This is in contradiction to social justice for women. This equally shows the inequality status of women to men in Nigeria. In order for Nigerian women to enjoy the dividend of gender equality and have access to justice, the attitude of Nigerian men (mostly the uneducated ones, and even some educated ones) of turning their wives into child producing machines must be stopped. Most women in Nigeria are faced with problem of having children yearly in order satisfy their husbands. These women, despite being exposed to health challenges associated with several child births, are usually trapped in a difficult position either to continue production of babies, or to let go their husbands to take another wife. Most women in Nigeria opt for the later. However, it has been viewed by this researcher that if allowed to prosper, the provision of fairness and justice in the distribution of benefits and responsibilities between men and women is well covered by CEDAW’s right to choose which is well captured under its Article 16. This is a doctrinal research which utilizes the use of books, journals and internet sources for research. The research concluded that future development based on analysis suggests the full implementation of CEDAW’s provision under Article 16.

Same-Sex Marriage as a Human Rights Freedom in Indonesia: The Perspective of Pancasila and the Marriage Law La ode Dedihasriadi; Ju-Lan Hsieh; Wahyudi Umar
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Human rights are basic rights that are inherent in humans, so the state is obliged to protect, respect and defend them. Same-sex marriage is a human right. The purpose of this paper is to find out how the legal perspective in Indonesia regarding the legality of same-sex marriage on the basis of freedom of human rights. This research method is normative based with an analytical approach. The results of this study conclude that same-sex marriage on the basis of freedom of human rights does not have a philosophical legal standing because it is contrary to the values contained in Pancasila as the ground norm in Indonesia. On the other hand, Sociologically, same-sex marriage is not in accordance with the culture and culture of the Indonesian nation where its citizens are citizens who uphold the values of the Almighty God. Substantially, same-sex marriage legislation is also not contained in Law No.1 of 1974 concerning marriage which has been changed to Law No. 16 of 2019 concerning amendments to Law No. 1 of 1974 concerning marriage.

Comparative Law Study: Sentencing of Sexual Violence Perpetrators Who have Deviant Sexual Behavior Nurhayati Mardin; Andi Intan Purnamasari; Nurul Miqat; Adiguna Kharismawan; Rafika Nur
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The purpose of this paper is to find the ideal form of punishment for perpetrators of sexual violence who suffer from deviant sexual behavior. The method in this study is a normative legal research type, where activities are carried out by researching and analyzing the forms of sanctions and punishments regulated in positive law, in addition to conducting a comparative study of the provisions in positive law in Indonesia in the perspective of the types of sanctions against perpetrators of sexual violence crimes. who suffer from deviant sexual behavior. The results show that the ideal form of sanctions imposed on perpetrators of sexual violence who suffer from deviant sexual behavior should not only focus on imprisonment, however, it must be accompanied by other treatments or actions to treat the deviations in sexual behavior he suffers as mandated in the Sexual Violence Criminal Act, which is to combine imprisonment and special rehabilitation to cure his sexual behavior deviations. With the imposition of imprisonment alone, it will not be able to treat the main factor that triggers sexual violence crimes committed by perpetrators who suffer from deviant sexual behavior, so that rehabilitation or treatment efforts are important things that must be done so that there is no repeated or recidive crime.

The Urgency of Regulation of Electric Bikes in Gorontalo City in a Progressive Legal Perspective Mohamad Rusdiyanto U. Puluhulawa; Jufryanto Puluhulawa; Vifi Swarianata; Fitriana Nur Biya
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The use of electric bicycles is currently becoming a primadonna among the community. The combination of transportation and technology makes it a creative and revolutionary innovation. High public interest and also based on the thought of the movement to save the Earth from carbon emissions has increasingly popularized the use of electric bicycles. The purpose of this study was to determine and analyze the urgency of regulating electric bicycles in Gorontalo City in a progressive legal perspective. The research method used is statute approach and conceptual approach. Electric bicycles have begun to be traded in the Gorontalo Province. Of course, this indicates that Gorontalo Province has good market potential. Nationally, the rules for the use of electric bicycles have indeed been accommodated in the Minister of Transportation Regulation, but their embodiment in regional regulations is still needed considering that Gorontalo Province in general and Gorontalo City in particular certainly have special conditions. which must also be accommodated in a regulation because the facilities and infrastructure as well as local wisdom that live in the community are certainly not at the same level nationally. It is appropriate that the use of electric bicycles as a means of transportation is made a legal umbrella in the regions. Law through the lens of progressiveness must move faster than society itself considering that law is rigid while society is dynamic

Chemical Castration Sanctions in an Ethical Perspective Yovita Arie Mangesti; Slamet Suhartono
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Chemical castration sanctions are additional sanctions imposed on perpetrators of sexual violence against children. This sanction was imposed as an implementation of the child protection law. This additional sanction is threatened with the consideration that every act of sexual violence leaves a psychological trauma for the child that affects the child's growth and development in his life. However, this is a paradox with the aim of restorative justice theory as a new vision in criminal law enforcement. With a statutory, conceptual, and scholastic approach to the Implementing Regulations of Chemical Castration with ethical perspective parameters, the imposition of additional sanctions is unethical and in harmony with restorative justice that prioritizes human values for perpetrators, victims, and executor of chemical castration. The imposition of sanctions should pay attention to the principle of respect for human values as a whole person (respect for person) and the principle of access to justice (justice for all).

Outline of the Consumer Dispute Resolution Agency as a Means of Legal Protection: Is it Optimal? Asri Lasatu; Jubair Jubair; Insarullah Insarullah; Nurhayati Mardin; Ratu Ratna Korompot
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Consumer protection is an effort to guarantee legal certainty to protect consumer rights. Consumer protection is a government responsibility delegated to the Consumer Dispute Settlement Body. This responsibility is carried out through preventive and repressive efforts. The problem in this research is what is the role of Consumer Dispute Settlement Body in implementing consumer law protection in Central Sulawesi Province. Type of normative-empirical research with a mixed method approach. The analysis was carried out qualitatively-quantitatively, and the results are descriptive-analytic. The research results show that Consumer Dispute Settlement Body's role in consumer legal protection is not maximized because it is influenced by structural, substance, and societal, cultural factors.

Restoratif Justice In the Perspective of Customary Law: A Solution to the Settlement of Narcotics Crimes Commited by Children Lisnawaty Wadju Badu; Julisa Aprilia Kaluku
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Restorative Justice is a thought that responds to the development of the criminal justice system by focusing on the needs of the community, where the settlement uses customary law which is something that is very urgent at this time by considering various things besides so that the settlement does not take a long time, but also the parties do not incur large costs and the most important thing is that family relations will remain harmoniously intertwined so as not to leave the problem of "revenge" for their descendants, especially for children who are involved in narcotics crimes, considering that children can become victims of adult behavior. The re-establishment of harmony in social ties of course will maintain public security and order. The method in this research is field research or often called Empirical Law research, namely research that looks directly at the reality in the field, this type of research has the nature and character of showing the gap between the applicable law and the existing reality. One solution that is carried out on the concept of restorative justice is to divert or place the perpetrators of child crimes out of the criminal justice system, meaning that not all cases of juvenile delinquents must be resolved through formal justice, and provide an alternative for settlement with a justice approach in the best interest of for children.

Limboto Lake Band Land Rights Arrangements Nirwan Junus; Karlin Zakaria Mamu
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

This paper aims to examine the regulation of land use by the Limboto Lake community. This study uses an empirical juridical approach. The study results show that the regulation of land rights, especially land along the banks, has been regulated by the government and local governments, starting from laws and regulations, regional regulations, and other decisions. The existence of laws and regulations has given legitimacy to the state, in this case, the government, regarding the control and utilization of the land on the banks of the lake because the state legally owns the land on Lake Limboto. However, the fact is that the land on the banks of the lake has changed its function to become a community settlement. , making it difficult to carry out an inventory of the surrounding population. In order to prevent mismanagement or management that is not based on the rule of law, it is necessary to have clear and accurate boundaries regarding the allotment of areas/zones for various interests so that there is no overlap between the government and the land agency, considering that some community lands already have land rights (land certificate). Thus, an alternative solution to save the lake is establishing a zoning system.

Page 1 of 2 | Total Record : 11

1 2

Filter by Year

2022 2022

Filter By Issues

All Issue VOLUME 7 NO. 2 JULY 2025 VOLUME 7 NO. 1 JANUARY 2025 VOLUME 5 NO. 2 JULY 2023 VOLUME 5 NO. 1 JANUARY 2023 VOLUME 4 NO. 2 JULY 2022 VOLUME 4 NO. 1 JANUARY 2022 VOLUME 3 NO. 2 jULY 2021 VOLUME 3 NO. 1 JANUARY 2021 VOLUME 3 SPECIAL ISSUES APRIL 2021 VOLUME 2 NO. 2 JULY 2020 VOLUME 2 NO. 1 JANUARY 2020 Volume 1 No. 2 July 2019 VOLUME 1 NO. 1 JANUARY 2019 More Issue

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

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