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Jambura Law Review
ISSN : 26549255     EISSN : 26560461     DOI : 10.33756
Core Subject : Social,
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 5 NO. 2 JULY 2023" : 10 Documents clear
Criminal Policy on Destructive Fishing Activities in Serutbar, Indonesia Lewerissa, Yanti Amelia; Hehanussa, Deassy Antoneta; Adam, Sherly
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (608.434 KB) | DOI: 10.33756/jlr.v5i2.18087

Abstract

Fishing communities around the North Seram and North West Seran (Serutbar) Marine Protected Areas often carry out destructive fishing activities. This study aimed to examine and analyze criminal policies for destructive fishing activities in the Serutbar Marine Conservation Area. The research method used is normative legal research supplemented by a socio-legal approach. The approach used in this study is a statutory approach and a conceptual approach. The data collection technique is a literature study complemented by field data obtained through observation and in-depth stakeholder interviews. Furthermore, the data were analyzed qualitatively. Based on the research results, Gale-Gale Village and Sawai Village's fishing communities around the Serutbar Waters Conservation Area often carry out destructive fishing activities. The factors that cause them to carry out destructive fishing are economic needs; very simple fishing gear; the provision of assistance needs to be put on target; Pokmaswas being less empowered; and a lack of inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches.
Perception of Indonesia and Afghanistan in Preventing Psychic Violence Against the Household Women Sopacua, Margie Gladies
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (656.477 KB) | DOI: 10.33756/jlr.v5i2.18529

Abstract

The urgency and purpose of this study examine efforts to prevent psychological violence against women in the household as a form of upholding human rights. The method used is normative juridical, namely by studying theoretical literature, legal concepts, and legal norms, and connected with the efforts to prevent psychological violence against women in the household as a form of upholding human rights. The research results show that prevention psychological violence against women in the household as a form of upholding human rights, namely husbands and wives who are within the scope of the household should further increase their respective faiths by getting closer to God Almighty; Husbands and wives are open to each other, appreciate, respect and love within the scope of the household with full affection so that husbands and wives feel harmonious and comfortable both spiritually, physically, psychologically and so on; We must reject beliefs, beliefs or history about women that women are weak and as a wife if something happens in the household it becomes the wife's fault; Awareness to all parties included in the household sphere that domestic violence that occurs to women as wives is no longer a family disgrace, but acts of domestic violence are criminal acts and need to be handled properly and domestic violence must be abolished in every household sphere ; In order to escape from domestic violence, victims need to get legal protection and safe shelters prepared by the government.
Reformulation of Bundo Kanduang's Role in Solving Domestic Violence Cases Suryani, Irma; Yulnetri, Yulnetri; Amrina, Amrina; Nengsih, Ifelda; Randawar, Daleleer Kaur
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (613.925 KB) | DOI: 10.33756/jlr.v5i2.19172

Abstract

This study aims to reevaluate the role of Bundo Kanduang in addressing Domestic Violence cases within the Minangkabau indigenous community in West Sumatra. Utilizing qualitative research methods, data collection tools include documents, interviews, and Focus Group Discussions (FGD). The study involves Bundo Kanduang Adat and household members within the Bundo Kanduang organization in Tanah Datar, Agam, and Fifty Cities, totalling 35 participants per regency. Data analysis consists of three stages: Reduction, Presentation, and Verification. Method triangulation compares interview outcomes with FGD results for data triangulation. Theoretical triangulation is then applied to reassess Bundo Kanduang's role in resolving domestic violence cases. The findings reveal that Bundo Kanduang's role in addressing domestic violence under Minangkabau customary tambo has been implemented socially but not optimally within families due to factors such as low education, demanding work schedules, children relocating after marriage, and a lack of concern for one's hometown. To ensure the effective implementation of Bundo Kanduang's role in combating domestic violence, the following reformulations are proposed: 1) Leveraging the "nan 4" principle; 2) implementing premarital education and training; 3) applying people-oriented management; 4) compiling Nagari and community monographs; and 5) reinforcing matrilineal culture.
The Concept of Revitalizing Traditional Institutions in the Criminal Law System to Realize Restorative Justice Ismail, Dian Ekawaty; Mantali, Avelia Rahmah Y; Moha, Mohamad Rivaldi
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.635 KB) | DOI: 10.33756/jlr.v5i2.11682

Abstract

This article examines data and facts related to implementing and functionalizing traditional institutions as living laws in society. It presents the concept of revitalizing traditional institutions in the criminal law system to realize restorative justice. According to indigenous peoples, justice is a complex concept because formal courts and other forums, such as customary courts, can administer it. This study aims to analyze the contribution of traditional institutions and restorative justice in the criminal law system in Indonesia. The approaches used in this research are conceptual, historical, statutory, and case approaches. The study results from show that customary institutions and restorative justice in Indonesia have been carried out through the participation of community members with traditional legal characteristics, cultural pluralism, moral values, and religion to solve problems through consultation to reach an agreement. Customary institutions and restorative justice in Indonesia are carried out by mediation for an agreement to reach an agreement in the best interests of victims, perpetrators, families, and other parties related to the traditional characteristics of law, cultural pluralism, moral values, and religion.
A Legal Perspective: Implementing an Electronic Notarization System in Indonesia in the Post-Pandemic Era Alkatiri, Naurah Humam; Putra, Mohamad Fajri Mekka; Ongko, Kyle
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.19221

Abstract

This study analyses the importance of implementing a cyber notary system in the post-pandemic digital era in Indonesia. Despite facing the possibility of another viral pandemic similar to COVID-19, Indonesia has yet to adopt the legal concept of electronic notarization. To address this issue, this study employs statutory and comparative methodologies to analyze the implementation of laws and regulations regarding electronic notarization in various foreign countries. Social distancing regulations and stay-at-home orders implemented in response to the COVID-19 pandemic made it difficult to conduct certain in-person activities; therefore, there is a need for alternative methods that notaries publics and land deed official can use to verify the authenticity of deeds and other documents. In this context, there is an acute need to introduce legal regulation regarding electronic notarization in post-pandemic Indonesia. Electronic notarization provides various benefits, such as increased convenience, enhanced security, improved efficiency, and reduced costs. A cyber notary system would enable individuals to notarize documents remotely, eliminating the need for in-person interactions, which have become difficult during the COVID-19 pandemic. Other countries, such as the United States, Japan, and the Netherlands, have already recognized the importance of electronic notarization and have established legal frameworks to enable remote notarization. For instance, the United States has passed laws and issued regulations that authorize remote online notarization, while Japan has established an electronic notarization system. The Netherlands also passed a regulation enabling electronic notarization in 2013 known as the Electronic Identification and Trust Services Regulation.
Legal Justice: The Abolition of the Principle of Bank Secrecy for Tax Interests in Indonesia Anggia, Putri; Yunita, Ani; Fitriyanti, Fadia
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.18793

Abstract

As a member of the international community, Indonesia has a responsibility to participate in the execution of global policy. Recently, a global policy was implemented to address the sharing of financial information between countries. Financial information transparency between countries requires the sharing of bank customers' financial information via both manual and automatic transmission. This policy aims to prevent economic crimes, including tax evasion. This study combines normative legal research and in-depth interviews aimed at determining how to determine how legal justice can be achieved in the context of the exchange of financial data for taxes purposes in Indonesia. The principle of bank secrecy functions as a safeguard to protect bank clients' right to privacy, which is a human right that must be preserved. On the one hand, citizens have a civic duty to voluntarily fulfill their tax obligations. On the other hand, as bank clients, citizens also have the right to be protected from violations of privacy. Assuming the perspective of legal justice, this paper seeks to describe the balance between these two needs. Finally, the study's results support the argument for abolishing the principle of bank secrecy, especially in the realm of taxation.
Human Rights Perspectives on Resolving Medical Malpractice Cases through Penal Mediation in Indonesia Suwito, Suwito; Sari, Liani; NGA, Pham Thanh; Towadi, Mellisa; Manullang, Sardjana Orba
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.19169

Abstract

This study aims to analyze human rights perspectives in resolving medical malpractice cases through penal mediation in Indonesia and the United States and find solutions to improve human rights protection in resolving such issues in Indonesia. The research was conducted by juridical normative research methods with a comparative approach, and the analysis was carried out by legal hermeneutics. The results showed that penal mediation in resolving medical malpractice cases needs to be improved in Indonesia to pay more attention to the human rights of victims and perpetrators, especially regarding equality and recognition of victims. In the United States, it is necessary to create consistent and detailed federal laws regarding penal mediation to resolve medical malpractice cases. The legal concept/regulation of human rights protection in resolving medical malpractice cases through penal mediation in Indonesia must ensure that the human rights of victims and perpetrators are protected and that the solutions found meet the needs of both parties fairly and humanely.
Venture Capital Law Renewal: A Solution for Business Convenience and Legal Certainty in Indonesia Adhie, Aryasatya Justicio; Suwandono, Agus; Yuanitasari, Deviana
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.17779

Abstract

Investing, for example, using venture funds, can now be done easily.  Venture funds are raised by venture capital companies and given to investee companies. Problems can arise when the venture capital company does not have a license to operate but carries out activities as if it has a permit. Of course, this can have legal consequences for venture fund investors, investee companies, and venture capital companies. Another problem concerns the legal certainty of venture capital companies for foreigners who wish to invest in Indonesia; foreigners need to be able to judge the appropriateness of the legal products governing venture capital companies. This article is intended to determine the legal consequences facing unlicensed venture capital companies and the legal certainty for foreign investors. This research method uses a normative juridical method by conducting a literature study on the provisions of venture capital companies in Indonesia. Article VCC in Indonesia has contributed to the Indonesian economy by helping businesses grow. However, this growth must be in line with the harmonization of regulations regarding venture law and investment in Indonesia in order to provide legal certainty to prospective investors.
The Legality of Brushing Practices in the Viewpoint of Consumer Protection Law and Telematics Law Swarianata, Vifi; Puluhulawa, Jufryanto; Apripari, Apripari; Kaku, Rismanto; Puluhulawa, Irlan
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.24040

Abstract

Instant profit-making patterns have been established by the current online purchasing and selling practices. For example, brushing is the activity of internet retailers or merchants fabricating favorable reviews or fraudulent endorsements to boost the reputation of their goods or services. When a customer receives a product or service that falls short of their expectations, brushing can be harmful. This study aims to investigate the legality of online buying and selling in Indonesia, specifically the practice of "brushing," or using fictitious orders, reviews, and buyers.  The methods used are Statute Approach, Case Approach, Conceptual Approach, Analytical Approach, Theoretical Approach.   The findings indicated that, from the standpoint of Indonesian telematics and consumer protection legislation, brushing activities frequently contravene a number of relevant rules and laws. As a result, brushing may be deemed unlawful in Indonesia and subject to penalties based on relevant legislation. In order to prevent brushing activities, it is critical that the government and regulatory agencies bolster law enforcement, protect consumers from brushing practices, and inform consumers of their rights in this regard. Enforcing stringent regulations and ensuring their efficient implementation are crucial for safeguarding consumers and upholding the integrity of Indonesia's online ecosystem.
Reformulation of the Authority of Judicial Commission: Safeguarding the Future of Indonesian Judicial Power Rasyid, Usman; Nggilu, Novendri Mohamad; Wantu, Fence; Kaluku, Julisa Aprilia; Ahmad, Ahmad
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.24239

Abstract

Jurisdiction of Indonesian judiciary still leaves various polemics, one of which relates to decisions that are antinomian between the Constitutional Court and the Supreme Court. This research aims to describe efforts to resolve these issues through reformulation within the constitution, regarding the supervisory authority of the Judicial Commission in creating harmonization of judicial decisions in the future. This type of research is normative research. The results indicate that reformulation or redefinition of the authority of the Judicial Commission in the constitution is a gateway to optimizing the role of the Judicial Commission as a product of reform in supervising judges in issuing correct, fair, and legal certainty decisions. Regulation through the constitution is an attributive authority in which the formulation of constitutional norms in the chapter on judicial power, particularly Article of the Judicial Commission, should preferably include phrases of "safeguarding" and "upholding" the code of ethics and conduct of judges, as preventive and repressive measures to prevent antinomian decisions between two judicial state institutions from recurring.

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