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Jambura Law Review
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 8 Documents
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Search results for , issue "VOLUME 6 NO. 1 JANUARY 2024" : 8 Documents clear
International Laws and The Reality: The Complexity of Corporate Law in Empowering Human Rights Sudirman, Lu; Tan, David; Tan, Winsherly; Situmeang, Ampuan
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.22514

Abstract

Corporations inevitably violate human rights in a variety of ways. As corporations evolved into massive multinational businesses, corporate violence—which is a legacy of colonialism and corporate power—continues to exist today. Corporate players maintain their freedom in pursuing their objectives using convoluted and obscure multinational organizations and supply networks, through the utilization of corporate law principles like the veil of corporate ownership, and also through other practices like tax evasion and lobbying of political bodies. The objective of this article is to explore the legal aspects of the problem of corporate violence, and suggesting reforms to ensure justice for the affected parties. This article uses the doctrinal research method along with the comparative method, focusing on both primary and secondary data. This article makes the case that the issue stems from the structural and systemic flaws in the framework of international law as well as in corporate laws that continually preserve corporate institutions in frustrating the advancement of the cause for human rights.  To effectively enhance the corporate and human rights environment, a framework of hard law, soft law, and non-law reforms and actions is needed.
Enabling Circular Economy: Towards Sustainable Electronic Waste Management Regulation Puluhulawa, Fenty; Harun, Amanda Adelina
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.24024

Abstract

Electronic waste contains hazardous and toxic materials which could pollute the environment and endanger humans, therefore it requires special management. In Indonesia, Law No. 18 of 2008 concerning Waste Management has not specifically regulated the management of electronic waste.  This article explores how circular economy concept are applied in Indonesia's waste management laws, specifically addressing electronic waste. The results of the study found that the waste management model in Indonesia, which generally accumulates waste in Final Disposal Sites, could not be a long-term solution for electronic waste. Based on circular economy principles, every product must be utilized optimally both as a product and as an ingredient by recycling. Recycle in an economy circular also known in Law No. 18 of 2008. The recycling method needs to be applied to electronic waste, purposed to reduce pollution caused by electronic waste, as well as reduce hazardous content due to the production process. Indonesia is still lacking in terms of electronic waste regulation.
Collective Agreement as Evidence with Binding Legal Force in Decision of Industrial Relations Court Sari, Andari Yuriko; Santoso PN, Sugeng
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.20757

Abstract

A Collective Agreement, once registered and ratified at the Industrial Relations Court, should be regarded as authentic evidence possessing binding legal force for all parties, including judges. However, in various rulings from both the District Court and Supreme Court levels, the Collective Agreement has been consistently disregarded as evidence with enduring legal implications and enforceability on the involved parties. The central issue investigated in this research pertains to how judges perceive the Collective Agreement as evidence and the position it holds as binding evidence in the decisions of the Industrial Relations Court. This research employs a normative legal analysis approach (statute case) and conducts a case study by examining multiple industrial relations court decisions that have overlooked Collective Agreements as evidence with binding legal force. In contrast to several prior studies and writings conducted by other entities, which have primarily confined the role of the Collective Agreement to being binding on the parties and admissible as evidence in the Industrial Relations Court, this research scrutinizes the Collective Agreement, asserting that it should be established with unequivocal legal force for the involved parties, rendering it conclusive and precluding further legal actions. Nevertheless, in various Industrial Relations Court Decisions, these agreements are, in fact, overlooked and not treated as evidence with binding legal force, thereby introducing legal ambiguity for the parties involved. Additionally, despite the ideal scenario of the Collective Agreement being crafted as an authentic deed to ensure its binding nature, practical instances reveal instances where Collective Agreements are private deeds, each possessing distinct evidentiary powers.
Harmonizing Arbitration: Clarity, Consistency, and Consent in the Application of Ex Aequo Et Bono Hadylaya, Michael Herdi
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.19703

Abstract

This article delves into the intricate dynamics surrounding the application of the ex aequo et bono principle in arbitration, addressing concerns arising from potential procedural challenges and deviations from justice principles amid the escalating popularity of arbitration. The study intricately navigates the legal complexities of this principle, centering on the interpretation of Article 56 of Law 30/1999. Specifically, it scrutinizes whether the article mandates parties' consent for the arbitrator to decide based on ex aequo et bono. Employing a normative legal research approach and utilizing legal hermeneutics with a structuralist focus, the research analyzes the interplay of written agreements, tacit understandings, and standard practices in arbitration. The article underscores the critical role of precise protocols and unequivocal agreements in safeguarding the integrity and effectiveness of the arbitration process. It highlights the paramount need for clarity and consistency in legal provisions, advocating for collaborative efforts between legal authorities and arbitration institutions. This collaboration is essential for aligning statutory provisions and arbitration rules, ultimately fortifying a robust and dependable framework for the equitable resolution of conflicts. In conclusion, the article calls for a harmonized approach to address inconsistencies, enhance the legitimacy of arbitration decisions, and foster trust in the arbitration process. By exploring these challenges, the article contributes to the ongoing discourse of optimizing arbitration as a fair and efficient means of resolving international disputes.
The Consumer Protection Dynamics of Halal Products in Indonesia Haryanti, Tuti; Miru, Ahmadi
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.19296

Abstract

Legal protection for consumers of halal products has occurred since the old order. At that time, halal regulations did not guarantee legal certainty. The state passed a regulation that specifically regulated the guarantee of halal products. However, it continues to change now. This research aims to analyze the development and direction of legal protection for consumers of halal products after enactment   of Halal Product Guarantee Law. This research was a normative domain using primary and secondary legal materials. Legal materials that have been collected were analyzed by explaining existing theories logically and systematically to obtain significant and scientific results. Furthermore, a transcript was carried out. The results of the research showed that the state has attempted to guarantee legal protection for consumers of halal products through the establishment of regulations. However, the regulation of the halal guarantee system continues to change and tends to be influenced by economic interests so the basic rights of consumers are not fulfilled. Therefore, the government needs to reform the legal system in protecting consumers of halal products based on the principle of balance of rights to provide a sense of justice, and benefit and guarantee legal certainty
Legalization of Same-Sex Marriage in terms of Islamic Law: a Comparative Study of Indonesia and Germany Nazar, Muhamad; Sjaiful, Muhammad; Zahrowati, Zahrowati
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.16957

Abstract

Marriage is the behavior of creatures created by God Almighty so that life in the natural world develops well. Marriage is recommended and regulated in Islam because it has a noble purpose. As time progresses, marriages which were initially only carried out by heterosexual couples are now seeing the emergence of the phenomenon of same-sex marriages or marriages by LGBT people. What is worrying is that the LGBT phenomenon is growing rapidly in Indonesia due to increasingly open freedoms. This raises pros and cons. Same-sex marriage in Indonesia, a Muslim-majority country, has caused controversy and is considered illegal deviant behavior. However, there are also several countries in the world that have legalized same-sex marriage, including Germany, where Muslims are a minority. In 2017, Germany officially passed regulations regarding same-sex marriage including the right to adopt children. This research aims to conduct a comparative analysis of the topic of same-sex marriage among LGBT actors in Germany and Indonesia using a socio-legal approach. This research has the results of a study that the phenomenon of same-sex marriage by LGBT people that occurs in Germany and Indonesia are two different things and cannot be equated. Several factors behind this are the socio-cultural context which causes society's reactions and the implementation of government regulations regarding same-sex marriage to be different.
The Competence and Authority of Midwives in giving Birth without the assistance of a Doctor in Nigeria Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Afolabi, Majekodunmi Toyin; Eregbuonye, Obieshi; Adebayo, Adesoji Kolawole
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.20822

Abstract

Life per se is not short, but our actions and inaction often result in the shortness of our life. This quote is concerning the fact that in Nigeria and the global standard it is required that during childbirth delivery there should always be a doctor present to avoid complications that may result in the death of the mother or the child. However, in Nigeria, it has been observed that the majority of the childbirth delivery conducted in hospitals or at any other place by local or trained mid-wife are often executed without the involvement or presence of a doctor.  In this regard, is it legally and medically in abeyance to conduct childbirth delivery without the aid of a doctor, given the possible complication that may result in loss of life and damage to the mother and child. It is in this regard that this study tends to adopt a hybrid method of study (involving a doctrinal and non-doctrinal) in ascertaining the legal issues and challenges in curtailing mid-wife involvement in child delivery in the absence of a medical doctor. 307 questionnaires were distributed to respondents, and the data obtained were analyzed by adopting an analytical and descriptive method. The study, therefore, found that there are very high incidences of the mortality rate of a pregnant mother and their baby during delivery by mid-wife and nurses given the absence of a doctor. The study further found that though there are laws and ethical codes that regulate childbirth delivery in Nigeria, however, there are challenges that often mitigate the curtailment of mid-wife or nurses involved in childbirth delivery without the aid of a doctor. We thus concluded and recommended that authorities should establish effective regulations and sanctions for midwives or nurses participating in childbirth deliveries without the presence of a doctor.
Integration of Mediation in Divorce Cases Reviewed from Supreme Court Regulation on Court Mediation Procedures Junus, Nirwan; Sarson, Mohamad Taufiq Zulfiqar; Elfikri, Nurul Fazri; Muntholib, Job Wahidun
Jambura Law Review VOLUME 6 NO. 1 JANUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i1.19370

Abstract

The court as a law enforcement instrument has been implementing mediation since 2008. However, the success of mediation is still far from what was expected. This indicates that the integration of mediation in the court system has not been effective, especially related to divorce cases. The integration of mediation into court practice, on the one hand, aims to avoid the accumulation of cases and maximize the function of court institutions in resolving adjudicative disputes, but on the other hand, it increases the judges' workload. Therefore, integrating mediation into court proceedings can be an instrument in reducing the divorce rate. This research uses an empirical normative approach in terms of Supreme Court Regulation Number 1 of 2016. The obtained data will be analyzed qualitatively. The research results indicate that the integration of mediation in divorce cases at the Gorontalo City and Regency Religious Courts has prioritized societal values, particularly deliberation to reach the best solution for the parties involved. However, this approach does not seem to align well with the social dynamics in Gorontalo City.  This is because there are still several key factors that hinder achieving the best results through mediation. The failure to reach critical points in these deliberations results in a minimal success rate for mediation in resolving divorce cases, as evidenced by the relatively high number of divorce decisions. This is often due to the parties involved blaming each other and being unwilling to negotiate for a mutual agreement.

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