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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 10 Documents
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Search results for , issue "VOLUME 6 NO. 2 JULY 2024" : 10 Documents clear
Artificial Intelligence and Its Challenges To Elections In Indonesia: A Legal Analysis Armiwulan, Hesti; Rahman, Rofi Aulia; Prabowo, Valentino Nathanael; Hajdú, József
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24243

Abstract

The improper utilization of AI technology poses difficulties to democracy, particularly the growing threat of unjust elections, exemplified by the deployment of bot accounts and deep fakes during electoral processes. Hence, it is crucial to build a strong and comprehensive framework to regulate the utilization of AI technology in Indonesia's political process. This article analyzes four main topics: (a) the advancement of AI technology and its connection to elections; (b) the influence of AI technology on election principles; (c) the pressing need for regulating AI in elections; and (d) the possibilities and difficulties of regulating AI technology within Indonesia's legal framework. The paper employs doctrinal legal research to examine the necessity of regulating AI technology in the context of conducting elections, taking into account the constitutional framework, established principles, and democratic election norms. The result shows that irresponsible use of AI technology remains a menace to democratic election ideals, and Indonesia must establish adequate legal mechanisms to tackle the problems stemming from the improper use of AI technology in the political process. The regulation of AI technology can be initiated by introducing a bill specifically focused on artificial intelligence (AI). This process should also involve the synchronization and harmonization of election rules, including election laws, laws governing the election of governors, regents, and mayors, laws concerning political parties, and other implementing regulations such as those established by the General Election Commission and the Election Supervisory Board.
Has Indonesia Safeguarded Traditional Cultural Expressions? Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Nursantih, Nadia
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24106

Abstract

The Government of the Republic of Indonesia recognized the importance of intellectual property in folklore since the 1982 Copyright Law was enacted (Article 10 of Law No. 6/1982). The study seeks to understand what obstacles Indonesia faces in protecting tribal peoples' communal rights over traditional cultural expressions, also called expressions of folklore in the digital age, and how other nations are resolving them. What is Indonesia's plan for developing and safeguarding traditional cultural manifestations in the digital age, as seen from other nations? The study employs a case-based, normative legal research methodology. The findings, an urgent need for specific institutions that control access benefit sharing from usage by foreign parties, as well as a special anti-theft task force for communal intellectual property rights in the digital era that takes the form of a support organization for tribal peoples. To increase cooperation in the inventorying and documentation of Tribal peoples who own collective intellectual property, optimization also calls for coordination of involvement between the federal government, local governments, and autonomous bodies operating under them, such as the Ministry of Tourism, the Creative Economy Agency, and Tribal peoples' organizations.
Land Bank in Indonesia: Disoriented Authority, Overlapping Regulations and Injustice Mahfud, Muh Afif; Djohan, Naufal Hasanuddin; Malik, Muhammad Fahad
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24166

Abstract

The Indonesian Lank Bank Agency (“Land Bank”) is a sui generis institution that has broad authority including providing convenience for investors and implementing agrarian reform based on the value of justice and legal certainty. This paper aims to analyze the disorientation of authority and overlapping regulations of the Land Bank, examine the Land Bank's authority based on the cybernetic concept of Talcott Parsons and deconstruct the Land Bank‘s authority in terms of the value of justice. This research is a normative study that uses secondary data collected through literature research and analyzed the data through content analysis. Based on the analysis, it is found that there is a disorientation of the Land Bank‘s authority as its authority to implement the agrarian reform aimed at creating equitable land ownership is contradictory to its authority to facilitate investments that use large areas of land. The implementation of agrarian reform by the Land Bank also faces overlapping regulations and authority. Based on Talcott Parsons' cybernetic concept, the Indonesian government prioritizes investment facilitation authority (economic subsystem) which has the highest energy and therefore ignore agrarian reform (social subsystem) which has lower energy. This is not in line with the principle of justice, namely partiality to the disadvantaged party since it prioritizes the interests of business entities as the more economically advantaged party and overrides the interests of people who do not own land or control land less than the minimum limit.
Choices of Law for Democratic Regional Head Election Dispute Resolution Institutions in Indonesia Amancik, Amancik; Ahmad Saifulloh, Putra Perdana; Ayub, Zainal Amin; Barus, Sonia Ivana; Ramadhani, Susi
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24792

Abstract

This research aimed to provide a conceptual idea regarding legal options in resolving disputes of democratic regional head elections in Indonesia with two proposed options. The first option included revising the Election and Regional Election Law to grant authority to the Constitutional Court (MK) and Election Supervisory Agency (Bawaslu) for adjudicating disputes. The second option proposed implementing the Fifth Amendment to the 1945 Constitution to reconstruct the Constitutional Court as an election court correlating with the primary role of upholding regulations. These proposed options would grant the Constitutional Court the authority to examine and adjudicate substantial matters related to the constitutionality of elections. Furthermore, the analysis used normative legal research including statutory, comparative, and conceptual methods.
Admissibility of Lawsuits Based on Interest under Algerian Civil and Administrative Procedures Yassine, Chami; Ahmad, Ahmad; Muhtar, Mohamad Hidayat; Rivera, Kevin M; Putri, Viorizza Suciani
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24309

Abstract

This study examines the impact of interests on the admissibility of civil and administrative lawsuits in Algeria under the Administrative and Civil Procedures Code in the country. The research utilized a normative research method that integrated legal concepts and approaches. It drew on primary legal sources such as laws, regulations, and court decisions, as well as secondary sources including documents, literature, and articles. The study aims to raise awareness among both legal professionals and the general public about the significance of interests in civil lawsuits and how it can impact the admissibility or inadmissibility of lawsuits filed before the court. This will help enhance judicial efficiency by allowing courts to prioritize cases with significant impact on the parties or broader societal relevance. The research manifested that interests are pivotal in determining a lawsuit's validity and that for a lawsuit to be heard, interests must be legal, legitimate, and actual. It also highlighted that the concept of interest in civil lawsuits acts as a crucial mechanism to safeguard the integrity, fairness, and efficiency of the judicial system. Objections based on the unenforceability of interests serve as a key procedural tool, enabling the dismissal of lawsuits that do not meet this criterion. Thus, interest is essential not only for forming the basis of a lawsuit but also for maintaining judicial integrity and effectiveness.
The Prevalence Of Child Marriage: Comparitive Study Of Indonesia And Other South Asian States Retnowulandari, Wahyuni; Wangga, Maria Silvya Elisabeth; Notoprayitno, Maya Indrasti; Ahmad, Nadzriah
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24257

Abstract

Child marriage is a serious issue that has yet to be addressed by Indonesia. This practice severely affects the rights of the child and also Indonesian society as a whole. From a human rights perspective, child marriage is a form of gender-based violence. The causes of early marriage in Indonesia include pregnancy out of wedlock, which is also supported by westernized social life as well as the influence of the media, low education, economic factors and patriarchal culture. Meanwhile, other South Asian States such as India are influenced by economic violence against Muslim women perpetrated by their husbands. This practice in India has a detrimental impact on Muslim women's access to health services, educational attainment, social mobility, and employment opportunities. Furthermore, Bangladesh is affected by family poverty, while Pakistan is affected by financial shocks and school dropout rates. Although multiple factors causally affect the prevalence of child marriage, Indonesia and other South Asian States have shown that protective laws may help to lower the rates of child marriages and adolescent fertility. This article analyzes Indonesia's legal framework in efforts to protect child marriages and compares it with other South Asian States. The main issue of this paper is that early marriage violates the children's rights and both the Indonesian government and the international community should be obligated to combat early child marriage. The methodology employed by this article is a qualitative method of comparative legal case study, where secondary data such as books, articles, reports, online web sites, and court cases are analyzed. This article concludes that existing evidence shows that Indonesia and other South Asian states still lack in enforcement and monitoring delays to ensure the rights of the child and protect women. Alternative legal protection should be applied in order to ensure that women and children can gain access to higher education and hold their life in their own hands
Democratization or Extra-Constitutionalism: Ideas for Limiting the Term of Office for Chairmen of Political Parties in Indonesia Mukhlis, Muhammad Mutawalli; Tajuddin, Muhammad Saleh; Ilham, Ilham; Koharudin, Koharudin; Rahman, Abdul
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24116

Abstract

One aspect of the internal democratization of political parties that is not working is the lack of regeneration of political party leaders. This phenomenon presents oligarchic party practices and gives rise to a very elitist and feudalistic culture since political parties are controlled by the general chairman. This research is qualitative research with normative juridical methods using legal, conceptual, philosophical, and doctrinal approaches. This research is library research that examines and explores regulatory documents, books, journals, and other scientific works that are relevant to the topic of discussion. This article aims to provide new thinking in building internal institutions of democratic political parties. The results of data collection were analyzed in depth and then presented descriptively analytically. The conclusion of the article shows that by limiting the term of office of the general chairman of a political party, party internalization becomes more open. This idea advances party organizations that prioritize healthy competition. The terms of office need to be regulated in the political party law and do not need to be regulated in the political party's articles of association and bylaws for the sake of uniformity and legal certainty. The term of office of a political party leader is limited to 1 (one) period, namely five years, and a maximum of 2 (two) periods, namely ten years, if re-elected as general chairman at the political party conference forum and chairman election.
Legal Challenges of AI-Induced Copyright Infringement: Evaluating Liability and Dispute Resolution Mechanisms in Digital Era Eviani, Nanda Yuniza; Maskun, Maskun; Faqi, Ahmad Fachri
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24459

Abstract

The development of artificial intelligence (AI) has introduced unprecedented technological advancements and complex legal challenges, particularly in copyright infringement. The capability of the systems to replicate and disseminate copyrighted content without authorization raises questions about the adequacy of existing legal frameworks. Therefore, this research aims to explore the critical question of liability for AI-related copyright infringement, examining the responsibilities of developers, users, and systems. A comprehensive examination of relevant laws and regulations is carried out using a normative qualitative methodology. This is supported by case research and recent legal advancements, with a comprehensive comparison of relevant terms. Legal factors and dispute resolution methods applicable to AI-related copyright infringement are also considered. Due to the systems' autonomy, standard liability frameworks such as Digital Millennium Copyright Act (DMCA) cannot address AI-induced infringement. Meanwhile, a fault-based liability strategy that requires proof of purpose or negligence is suggested to improve accountability. This research reports the strengths and weaknesses of using dispute resolution mechanisms to solve copyright infringement. The results show that World Intellectual Property Organization (WIPO) dispute resolution provides a robust framework for resolving disputes after comparing regulations and mechanism.
Balanced Approach Regulatory Measures for Excise Tax on Tobacco and Nicotine-Based Products with Differential Degrees of Harm Mohamad Hashim, Haswira Nor; Ibrahim, Zuraeda; Ghazali, Noorlaila; Yunus, Nuridayu; Othman, Rani Diana
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24281

Abstract

This paper reports a study that analyses regulatory measures for excise tax on tobacco and nicotine-based products in Malaysia.The study highlights current non-optimal nature of excise tax due to a lack of differentiation between the varying degrees of harm caused by different tobacco and nicotine-based products within a given category. The study aims to address this issue by proposing a regulatory measure that adopts a balanced approach to taxing harmful tobacco and nicotine-based products.  A focus group discussion involving a group of experts in tax and excise tax, medical and pharmacology, and law and policy was conducted to gather expert inputs on policy compliance with international standards for excise tax on tobacco and nicotine-based products; effectiveness of current policies in addressing harm differentials;  and setting excise tax rates to balance harm levels and combat illicit trade. This study concludes that, Malaysia should adopt a balanced approach regulatory measures to combat illicit tobacco trade and promote harm reduction and equitable public health outcomes.This study recommends a differentiated excise tax for tobacco products in Malaysia based on harm and addiction levels, aiming tobalance the excise-duty with differential degrees of harm and optimize policy effectiveness towards achieving a smoke-free Malaysia by 2040. The proposed recommendation is aligned with Article 6 Guidelines of the World Health Organization Framework Convention on Tobacco Control.
Political Party Deliberation: Mechanism for Safeguarding Constituent Rights against Vacancies in House of Representatives Affected by Political Party Dissolution Fauzia, Ana; Esfandiari, Fitria
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24110

Abstract

The Indonesian Constitutional Court has the power to dissolve political parties. But this power has never really been used. This research aims is to examine the impact of the legal vacuum created by the collapse of political parties. The problems raised in this research are as follows: First, aspects of the legitimacy of political party management deliberations in filling the vacancies of members of representative bodies as an implication of the dissolution of political parties;.Second, the deliberation mechanism of political party officials should be analyzed as a legal reform to fill the vacant positions of members of representative bodies from disbanded political parties. The findings of this study take the shape of a notion concerning party management decisions offering their constituent votes to other political parties that do not reach the threshold for collecting votes to sit in parliament because they do not satisfy the parliamentary threshold.

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