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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 14 Documents
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Search results for , issue "VOLUME 7 NO. 2 JULY 2025" : 14 Documents clear
Regulatory Model for Taxation of Non-Fungible Token Digital Assets as Creative Works in Indonesia Hidayah, Khoirul; Esha, Muhammad In'am; Firdaus, Dwi Hidayatul; Ramadhita, Ramadhita
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.28678

Abstract

The Non-Fungible Token (NFT) is one form of trade utilising crypto assets as a medium of exchange. This system has proven effective in assisting creators in protecting both their economic and moral rights. However, the existence of Regulation of the Minister of Finance No. 68/PMK.03/2022 concerning Value Added Tax and Income Tax on Cryptocurrency Trading does not adequately address the phenomenon of NFT trading. This raises an intriguing issue regarding the formulation of tax collection for NFTs as digital assets that can be traded and serve as a source of state revenue. This study employs  a socio-legal approach with qualitative methods. Based on an analysis of legislation, the theory of justice, and tax collection theory, three alternative models for regulating income tax and VAT on NFTs in Indonesia are proposed. The first model suggests specific regulation in the form of a Minister of Finance Regulation. The second model recommends classifying NFT trading platforms as Permanent Establishments (PE). The third model advocates for the application of tax treaties to prevent double taxation. This study is expected to contribute to the development of NFT taxation regulations in Indonesia.
Integrating Indigenous Wisdom in Environmental Protection: Exploring Village Authority within the Framework of State Responsibility in Indonesia Permana, Deni Yusup; Imamulhadi, Imamulhadi; Idris, Idris; Mariana, Montisa
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.29582

Abstract

Environmental management in Indonesia faces significant challenges, including land conversion, pollution, and ecosystem degradation. These issues are primarily driven by human activities and a lack of integration between state policies and local wisdom. Indigenous peoples, who possess traditional knowledge and wisdom-based management systems, play a crucial role in environmental conservation. However, there are still gaps in the recognition of their rights regarding natural resource management. This research aims to analyze the role of local wisdom in environmental management within the framework of village authority and state responsibility. The methodology employed is descriptive analytical, utilizing a normative juridical approach that combines literature review and interviews with indigenous communities in Bali, Jambi, West Sumatra, and Papua. The findings indicate that while local wisdom values, such as Tri Hita Karana in Bali and arat sabulungan in Mentawai, significantly contribute to ecosystem maintenance, the integration between government policies and village authority remains limited. This research proposes strengthening the synergy between local wisdom and state policy to develop an inclusive and sustainable environmental management model. The novelty of this study lies in mapping the contributions of local wisdom within the context of village authority and highlighting the urgency for policy revisions to enhance the active role of indigenous peoples in environmental conservation.
Rethinking Geographical Indication Law: Lessons from EU Success and Lobong Pineapple Kalalo, Merry Elisabeth; Kapugu, Betsy Anggreni; Turangan, Doortje Doerien; Ehirim, Ugochukwu Godspower
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.31132

Abstract

Indonesia’s Geographical Indication (GI) regime exhibits a persistent gap between formal legal eligibility and practical enforceability, particularly in rural contexts where institutional coordination and legal literacy remain limited. The case of Lobong Pineapple, a product with clear geographical specificity and socio-economic potential, underscores the systemic failure of the GI framework to translate normative protection into actionable development. This study aims to critically examine the regulatory and institutional barriers that hinder GI implementation in Indonesia, using Lobong Pineapple as a representative case. Employing a normative legal method complemented by comparative and empirical analysis, this research evaluates Indonesian GI law against successful practices in the European Union. The findings reveal that despite meeting substantive GI criteria, Lobong Pineapple remains unregistered due to administrative inertia, fragmented local governance, and the absence of enabling legal instruments such as a Regent’s Decree and product specification dossier. In contrast, the EU model demonstrates how institutional synergy, community participation, and integration with rural development policies can operationalize GI law effectively. This study offers a novel reconceptualization of GI protection as a transformative legal infrastructure—one that extends beyond protectionist aims to encompass cultural continuity, economic inclusion, and creative innovation. It proposes a shift from centralized, compliance-driven models to adaptive, community-anchored governance frameworks. By advancing this normative and structural critique, the research contributes to the refinement of intellectual property law as a tool for territorially embedded, culturally sensitive, and development-oriented legal reform.
The Principle of Self-Submission in Sharia Economic Dispute Resolution: A Critical Examination through Friedman’s Legal System Theory Asyiqin, Istianah Zainal; Akbar, M. Fabian; Onielda, Muhammad Daffa Auliarizky
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.27075

Abstract

The principle of self-submission refers to the voluntary acceptance of a specific legal framework, particularly within Sharia economic dispute resolution. Law No. 3 of 2006 expanded the jurisdiction of Indonesia’s Religious Courts to adjudicate Sharia economic disputes, allowing non-Muslim litigants to participate under the condition of self-submission. While this legal provision promotes inclusivity, its practical application remains underexplored, particularly concerning its consistency with fundamental legal principles and its effectiveness in ensuring legal certainty. This study addresses this gap by critically examining the normative foundations and implementation of self-submission in Sharia economic dispute resolution through the lens of Lawrence M. Friedman’s legal system theory, which evaluates legal substance, legal structure, and legal culture. Employing a normative juridical approach, this research analyses statutory regulations, legal precedents, and court decisions to assess self-submission's coherence, adaptability, and limitations in Sharia economic adjudication. The findings indicate that while the principle of self-submission is structurally embedded within the legal system, its enforcement faces challenges in judicial interpretation, procedural inconsistencies, and the extent of its applicability to non-Muslim litigants. Furthermore, the study identifies gaps in legal certainty and harmonization with broader national and international legal frameworks. As a contribution to the discourse on Sharia economic law, this research proposes normative refinements and procedural enhancements to improve the clarity and effectiveness of self-submission, thereby strengthening Indonesia’s Sharia economic dispute resolution mechanism. These findings have broader implications for legal pluralism and the evolution of Sharia economic law in multi-religious societies.
Constitutional Repair through Opposition Reform: Designing the Right of the Opposition and Incentive Systems to Counter Democratic Deterioration in Indonesia Susanto, Mei; Harijanti, Susi Dwi; Perwira, Indra; Hernawan, Muhammad Yoppy Adhi
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.29349

Abstract

This article explores the deterioration of democracy in Indonesia attributed to the lack of effective opposition within its presidential multiparty system. The dominance of fat coalitions in the legislature has undermined the checks and balances function of the House of Representatives (DPR), reducing it to a body that merely approves government proposals including problematic legislation and controversial public programs without meaningful scrutiny. The lack of institutional support and incentives for opposition parties has contributed to this dysfunction, as coalition participation offers access to public office, funding, and legal protection, while opposition yields none. In response, this article proposes the institutionalization of the Rights of the Opposition,  which includes: the right to hold leadership positions in DPR organizational bodies; special rights in the legislative process such as the right to delay the deliberation of constitutionally significant or publicly controversial bills; the right to initiate and lead oversight mechanisms; influence budget deliberations; and participate in the appointment of public officials. It also outlines the need for specific incentives such as protocol privileges, financial resources for policy research, and eligibility for state honours. Framed within the concept of constitutional repair, the article identifies key pathways for reform based on four interrelated aspects: specificity, feasibility, temporality, and priority. These reforms aim to strengthen the DPR’s capacity for oversight and restore its role as a democratic counterbalance to executive power.
Legal Challenges and Reform Proposals for Algorithmic Contracts under Indonesia’s Information and Electronic Transactions Law Tejomurti, Kukuh; Sukarmi, Sukarmi; Mahmudy, Wayan Firdaus
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30617

Abstract

The emergence of algorithmic contracts, made or carried out by independent systems, creates difficult legal problems, especially in Indonesia's regulatory environment. This study examines whether Indonesia’s Information and Electronic Transactions Law is adequate to deal with new problems with algorithmic pricing, EAs, and automated contract creation. The article also examines the different types of algorithmic contracts and how black-box algorithms are used in dynamic pricing in business competition. It shows how unclear the law is about agency, consent, and accountability.  Using doctrinal legal research combined with conceptual, comparative, and interdisciplinary approaches, the study finds that Indonesia's Information and Electronic Transactions Law and Competition Law have become inadequate in responding to developments in AI-driven transactions. It suggests a legal framework that does not favour any one technology and recognises algorithms as helpful agents. It also calls for changes to the law to clarify how electronic agents can work together and negotiate. This method ensures that businesses are held accountable and that the law is clear in the age of self-driving digital contracts.
Comparative Legal Perspectives on Bullying in Educational Environments: Regulatory Gaps and Reform Imperatives in Indonesia, Malaysia, and Vietnam Astuti, Pudji; Bin Awang, Mohd Badrol; Mahardhika, Vita; Rusdiana, Emmilia
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.31232

Abstract

Bullying in educational settings is a criminal offense that can hinder the learning process and negatively impact both victims and perpetrators mentally, socially, physically, and academically. The legal gap in this study is linked to the inaccurate enforcement of laws related to bullying in educational settings, emphasizing punishment rather than optimal recovery measures for victims. This study aims to analyze and provide a legal critique of the regulation of bullying in Indonesia, comparing it with that of Malaysia and Vietnam. This normative-comparative legal study prioritizes a comparative legal approach as the primary approach, supplemented by conceptual and statutory approaches. This study finds that criminal law plays a significant role in preventing and addressing bullying by imposing sanctions on perpetrators and providing protection for victims. The comparison of laws regulating bullying in Indonesia, Malaysia, and Vietnam confirms that the lack of community involvement and participation, particularly parents and teachers or educators, in the restorative justice process for children as perpetrators and victims of bullying in educational settings has not received optimal attention. The involvement of parents and teachers is crucial to ensure an effective restorative justice process, guaranteeing the fulfillment of children's rights and their best interests. This study recommends that updating the criminal law governing bullying in educational settings is crucial to ensure the rights of children, both as perpetrators and victims. This update requires a shift in the orientation of criminal law, which is currently only regulated in regulations outside the National Education System Law, by adding specific provisions for bullying within the National Education System Law.
Institutional Configuration and Competence of the Special Judiciary for Regional Election Disputes: A Comparative Study and Prospects for Implementation Arifin, Firdaus; Maarif, Ihsanul; Suryana, Cece; Sugiarti, Taty; Murbani, Anastasia Wahyu
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30949

Abstract

The dispute resolution system for Regional Head Elections in Indonesia continues to face challenges related to fragmented authority, inconsistencies in judicial decisions, and procedural limitations, which may lead to legal uncertainty and undermine the legitimacy of election outcomes. This study aims to explore the weaknesses of the existing system and propose a more effective institutional model for resolving Pilkada disputes. Employing a normative legal approach with a comparative study method, this research analyzes electoral judicial systems in Mexico, the Philippines, and Germany to identify institutional principles that can be adapted to the Indonesian legal framework. Additionally, this study examines the national legal framework, including Constitutional Court rulings on Pilkada dispute resolution, to assess the effectiveness and limitations of the current mechanisms. The findings indicate that Indonesia’s Pilkada dispute resolution system still suffers from overlapping jurisdiction among institutions, inconsistencies in judicial rulings, and delays in dispute resolution processes. Comparative analysis suggests that a more integrated system, is more effective in ensuring legal certainty and judicial independence. Therefore, this study recommends the establishment of a specialized judicial body for Pilkada disputes, endowed with exclusive jurisdiction, institutional independence, and a transparent and expedited dispute resolution process. The implications of this research highlight that institutional reform in Pilkada dispute resolution is crucial for enhancing public trust in the electoral judicial system, strengthening electoral democracy, and upholding the rule of law in Indonesia’s  Regional Head Elections  process.
Jurisdiction in Financial Crime: A Legal Analysis of the Investigative Authority of Indonesia’s Financial Services Authority in Money Laundering Cases Ningsih, Ayup Suran; Prananingtyas, Paramita; Salwa, Adinda Maura; Maharani, Ferra Tiara; Wardhani, Harumsari Puspa
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.27147

Abstract

Act Number 4 of 2023 expands the  Financial Services Authority (known as Otoritas Jasa Keuangan/OJK), as the leading sector in investigating money laundering crimes initiated by criminal acts in the financial services sector. However, this provision has resulted in many legal ambiguities, such as who can explore the predicate crime, what the optimal division of authority between the police and the OJK is, and what the consequences of the OJK's authority as a sole investigator. This article is here to identify the legal ambiguities arising from the expansion of OJK authority and to offer solutions that focus on strengthening harmonization and coordination between related institutions. The approach includes an analysis of available legal instruments, relevant case studies, and other policies used to address financial service crimes, such as banking fraud. The results of this study are expected to contribute positively to the expansion of the authority of the OJK in enhancing the effectiveness of money laundering investigations. In addition, this article also contributes to providing concrete recommendations to overcome legal ambiguities by strengthening cooperation between institutions and formulating more integrated policies.
Re-conceptualizing Child Victim Rights: A Normative and Comparative Analysis of Victim Impact Statement in Indonesia’s Juvenile Justice System Aprilianda, Nurini; Maharani, Febrianika; A. Kadir, Nadhilah; Ferdian, Ardi; Solehuddin, Solehuddin
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30132

Abstract

In Indonesia, the participation of child victims in criminal proceedings remains highly constrained. Courtroom questioning still centers on extracting material facts, while the psychological, emotional, and developmental harm inflicted by crime receives scant judicial attention. This article analyzes whether embedding Victim Impact Statements (VIS) in juvenile proceedings could correct that imbalance. Using a normative‑juridical methodology that combines statutory interpretation, doctrinal analysis, and comparative research, the study reviews VIS implementation in the United States, Canada, England and Wales, and South Africa, and tests its coherence with Indonesia’s Law No. 11 of 2012 on the Juvenile Criminal Justice System (JCJS Law). The comparative findings demonstrate that VIS offer a structured, low‑cost channel for children and their guardians to describe the multidimensional fallout of crime, thereby enriching judges’ sentencing rationales and promoting restorative outcomes. Evaluations in those jurisdictions also show that VIS boost victim satisfaction and enhance perceived legitimacy of the courts. To harness these benefits, the paper proposes amending the JCJS Law to require judges to solicit and consider VIS in every juvenile case involving a child victim. Procedural safeguards-mandatory psychological assistance, child‑friendly language,  closed‑court delivery options, and trauma‑informed questioning are recommended to prevent secondary victimization.Codifying these protections would close a normative gap, align national law with both the U.N. Convention on the Rights of the Child and Sustainable Development Goal 16 on justice, and support Indonesia’s broader commitment to child‑centered jurisprudence. Ultimately, institutionalizing VIS can transform victims from passive evidence providers into active rights holders whose voices shape fair, balanced, and developmentally sensitive judicial decisions.

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