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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 11 Documents
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Search results for , issue "VOLUME 8 NO. 1 JANUARY 2026" : 11 Documents clear
Outer Space Militarization and Normative Gaps in International Space Law: A Comparative Legal Analysis Isnurwanto, Iwan; Birahayu, Dita; Ehirim, Ugochukwu Godspower
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.33793

Abstract

Disagreements between spacefaring states' strategic activities and the normative goals of international space law have persisted despite space's growing militarization. At the heart of this conflict is the fact that different legal understandings of the term "peaceful purposes" in the 1967 Outer Space Treaty have coexisted with growing military operations in orbit, due to the ambiguity of this term. This research takes a normative juridical stance, drawing on statutory, conceptual, and comparative methods to assess whether the current international legal system adequately addresses modern trends of space militarization. States are able to operationalize military space tactics without clear legal limitation, as the analysis shows that current legal instruments offer limited normative direction and lack effective enforcement mechanisms. The study looks for interpretive fragmentation and structural inadequacies in international space law by comparing state space doctrines and institutional reactions, instead of evaluating military results experimentally. The essay uses this legal analysis to provide prescriptive suggestions for improving normative clarity, such as limiting the testing of anti-satellite weapons, improving the operational definition of "peaceful use," and holding private actors more accountable under state oversight. This research does not assert empirical verification, but rather provides a normative legal assessment of the regulatory gaps that now exist and suggests reform strategies to strengthen space governance's consistency, transparency, and stability
Asymmetric Regional Development as a Framework for Achieving Spatial and Regional Justice in Indonesia Indra, Mexsasai; Saragih, Geofani Milthree; Ismandianto, Ismandianto; Muthia, Arini Azka
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.32047

Abstract

Indonesia continues to experience persistent territorial disparities as a result of the long-standing application of symmetric decentralization, under which uniform administrative standards are imposed on regions with fundamentally different structural capacities. This approach has contributed to chronic governance underperformance and spatial injustice. The resulting mismatch between regional heterogeneity and policy uniformity underscores the need for a conceptual reorientation grounded in normative theories of justice and constitutional principles. This article aims to develop a coherent framework for asymmetric regional development capable of addressing structural inequalities while remaining consistent with the constitutional architecture of the Unitary State. Using a normative legal research approach that combines statutory analysis with case studies of Aceh, Papua, and Yogyakarta, this study investigates how asymmetric arrangements can be operationalized as both legally legitimate and philosophically justified governance models.The article presents four key contributions: first, it reconceptualizes asymmetric regional development as an ethical and constitutional imperative, grounded in Rawlsian distributive justice, Sen’s capability approach, and contemporary spatial justice theory; second, it highlights the policy pitfalls of symmetric decentralization through a critical assessment of historical and empirical evidence, including failures in regions such as Malaka; third, it introduces the Regional Inclusion Feasibility Index (IKPD) as a juridical and technocratic innovation, providing objective, multidimensional criteria for regional expansion; and fourth, it situates Indonesia’s asymmetric model within global comparative practices, demonstrating its alignment with principles of proportional autonomy and contextual justice. Collectively, these contributions position asymmetric regional development as a viable pathway toward equitable and sustainable territorial governance in Indonesia.
Cyber Notary: Adaptation to Changes in Notary Practices in Indonesia Abdillah, Satrio; Ghapa, Norhasliza; Makhtar, Maheran
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.32490

Abstract

This study investigates the adaptation of notary practices in Indonesia in response to digital transformation, focusing on implementing cyber notary systems. This research focuses on analyzing the opportunities, challenges, and integration of traditional legal principles in the implementation of cyber notaries in Indonesia. Furthermore, this study aims to formulate a framework that supports the effective, safe, and sustainable implementation of cyber notaries in accordance with applicable legal provisions. This research uses normative legal methods with a conceptual and legislative approach to analyze the suitability of existing regulations for the implementation of cyber notaries in Indonesia. Thematic analysis using NVivo 12 Plus was used to identify patterns and relationships between themes from secondary legal sources, which were then validated normatively. The findings reveal that while cyber notary adoption can enhance notarial service delivery, significant obstacles remain, including limited digital literacy, inadequate technological infrastructure, and insufficient legal frameworks. The research highlights the necessity of comprehensive legal reform and increased public awareness to ensure the legality, fairness, and transparency of electronic document management. By proposing a legal framework tailored to Indonesia’s civil law context, this study contributes to the discourse on legal modernization and offers policy recommendations to strengthen public trust in digital legal services. This research normatively contributes to formulating a clear, legitimate, and transparent legal framework for cyber notaries in Indonesia.
A Sustainable Rehabilitation Model for Children in Conflict with the Law: Conceptually Toward Global Protection and Recidivism Reduction Nur, Rafika; Darmawati, Darmawati; Lahaling, Hijrah; Bakhtiar, Handar Subhandi; Mohammed Zabidi, Ahmad Fakhrurrazi
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.31177

Abstract

This study employs a Research and Development methodology, guided by the ADDIE framework, to design a sustainable restorative digital rehabilitation model for children in conflict with the law. It responds to critical systemic deficiencies observed in juvenile justice, including fragmented service delivery, non standardized intervention protocols, and persistently high recidivism rates. Data were synthesized from structured literature reviews, field observations at LPKA Class II Gorontalo, expert consultations, and controlled pilot trials. The principal outputs comprise a detailed process architecture, operational workflow maps, and a modular integrated application. This digital platform consolidates standardized assessment, intervention tracking, behavioural monitoring, and post-release reintegration support. Validation analyses indicate that the proposed model adheres to normative child justice standards and demonstrates technical feasibility for scalable implementation. The framework enhances intervention precision, improves the measurement of behavioural transformation, and strengthens readiness for community reintegration. Consequently, this research contributes a hybrid socio-legal and digital framework designed to increase systemic reliability and standardisation in juvenile rehabilitation. The model presents a scalable solution with potential global relevance for reducing recidivism among young offenders.
Constitutional Consistency of Indonesia’s Job Creation Law and Its Impact on Regional Autonomy Yuliasih, Ade; Astawa, I Gde Pantja; Suding, Sarifuddin; Yassine, Chami
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.34262

Abstract

The enactment of Law No. 6 of 2023 on the Ratification of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into law is a legal instrument designed to simplify regulations in order to encourage investment and national economic growth. Nevertheless, this bill has sparked controversy regarding its consistency with the constitutional principles in the 1945 Constitution, especially in terms of local government policy on natural resource management. This study aims to analyze the constitutional consistency of the Job Creation Law and evaluate its legal implications for regional autonomy, particularly in relation to the reduction of local government authority in managing natural resources and policy-making. This study uses a normative legal method with an approach based on laws such as the 1945 Constitution, Law Number 6 of 2023, and Law Number 23 of 2014 on Regional Government. Findings indicate inconsistencies between the provisions of the Job Creation Law and constitutional values related to public participation and workers' rights. A phenomenon of re-centralization of authority has been observed, whereby strategic regional powers such as risk-based licensing (OSS), mining, spatial planning, and environmental supervision have been transferred to the central government. This has resulted in a weakening of regional control functions and a significant decline in Regional Original Revenue (PAD) due to cuts in regional levies. Conclusion The Job Creation Law redefines regional autonomy by placing decentralization under the control of national interests, which has the potential to erode the autonomous identity of regions. Regulatory corrective measures are needed to restore the balance of central-regional relations so that they remain within the constitutional corridor.
Legal Protection for Personal Data Leaks and Its Implications for Citizens' Privacy Rights Within The Framework of The Indonesian Legal State Huda, Uu Nurul; Astarudin, Tatang; Nasution, Muhammad Irsan; Khozin, Ahmad Abdul; Irsan, Muhammad
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.32666

Abstract

This study aims to examine the problem of personal data leakage in Indonesia, with a focus on the factors causing the leakage, its impact on citizens' privacy rights, and legal protection measures taken by authorized institutions and electronic system organizers (ESE) within the framework of the Indonesian rule of law.This study uses a qualitative descriptive-analytical approach, combining empirical data from field interviews with legal analysis. Key stakeholders from government institutions responsible for the management and protection of personal data were interviewed, and existing regulations, such as the Personal Data Protection Law and Permendagri No. 17/2020, were analyzed to understand the effectiveness of existing legal protection. Research findings show that data breaches in Indonesia are caused by inadequate data security infrastructure, limited expertise at the local level, and inconsistent implementation of national regulations. Although regulatory frameworks such as ISO 27001 certification are in place, a lack of resources and training in local governments hampers effective data protection. Coordination between central and local governments is essential, but faces challenges in ensuring uniform data management practices and protecting personal data from external threats.
Who Executes Justice? Comparative Institutional Paths from Verdict to Prison Widyawati, Anis; Adhari, Ade; Arifin, Ridwan
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.31642

Abstract

This article examines sentence-execution control in Indonesia, Thailand, and Tajikistan through the distinction between the Verdict Executor and the Criminal Executor as a basis for penitentiary law reform. It starts from the premise that the post-trial stage, particularly the enforcement of imprisonment, remains one of the least theorized yet most crucial parts of criminal procedure, with direct implications for legal certainty, institutional accountability, and prisoners’ human rights. Using normative legal research and a functional comparative approach, the study analyzes criminal sentence-execution systems, justice and imprisonment frameworks, relevant laws and regulations, institutional structures, and supervisory mechanisms in the three countries. The findings show important differences in the allocation of powers and functions between supervisory and executive bodies. Indonesia reflects an integrated model in which prosecutorial authority extends to the admission of convicts and the administration of sentences. By contrast, Thailand and Tajikistan adopt more differentiated institutional arrangements, with specialized and relatively independent bodies responsible for penitentiary supervision. The analysis concludes that judicial supervision of sentence enforcement and the execution of criminal punishment involve distinct doctrinal functions that should be institutionally separated. Such separation would reduce overlapping authority, minimize conflict, and improve systemic order and efficiency. In this context, the article argues that autonomous supervision of sentence execution should be recognized as a doctrinal category within criminal procedure law. It further proposes electronic supervision as a regulatory and procedural instrument to strengthen transparency, proportionality, and human rights compliance during the execution stage. Overall, the research demonstrates that without effective supervision of sentence execution, meaningful reform of the sentence-enforcement system and the rule of law remains unattainable.
Restorative Justice in Law Enforcement of Banking Crimes : How it's Works? Harrieti, Nun; Mantili, Rai; Bunga, Dewi; Manap, Norhoneydayatie Abdul
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.27715

Abstract

The escalating complexity of contemporary banking crimes is fundamentally catalyzed by the rapid evolution of digital technologies and the extensive globalization of financial transaction.   The Financial Services Authority's Annual Report shows an increase in the number of resolved banking crimes in 2023, from 13 (thirteen) cases to 18 (eighteen) in 2024. The principle of restorative justice, which prioritizes restoring the condition of the injured party, has become a new concept in enforcing banking crime law, apart from the criminal sanctions that has been applied. It is of particular interest to undertake research regarding how the principle of restorative justice is applied in the current law enforcement of banking crimes. This research engages normative juridical approach with analytical descriptive specifications. The application of the restorative justice principle in enforcing banking crime law is through a non-prosecution mechanism which provides an opportunity for parties suspected of committing banking crimes at the investigation stage to apply for resolution of violations of laws and regulations in the banking sector to the Financial Services Authority. Once the Financial Services Authority investigator approves the application, the applicant is obliged to carry out the agreement (non-prosecution agreement) including paying compensation and then the case is stopped and not continued to the investigation stage. The establishment of transparent standards and objective benchmarks is imperative for the Financial Services Authority in adjudicating settlement petitions for violations to guarantee legal certainty.
Reconceptualizing ANKUM’s Role in Military Discipline: A Normative and Comparative Reassessment of Command Authority and Justice Prasetyoandi, Destri; Sulistiani, Lies; Rusmiati, Elis; Aboelazm, Karem Sayed
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.33722

Abstract

The enforcement of military discipline is essential to operational readiness; however, the normative and ethical foundations of disciplinary authority within the Indonesian National Armed Forces (TNI) remain insufficiently examined. Existing scholarship largely treats ANKUM (Superior Officers Authorized to Impose Punishment) as a procedural or administrative mechanism, leaving a significant gap concerning its ethical legitimacy, normative coherence, and institutional accountability as a command-based disciplinary authority. This article addresses that gap by critically reassessing ANKUM’s role beyond its formal legal mandate. By employing a normative juridical method combined with conceptual and comparative approaches, this study examines Indonesian military disciplinary law alongside selected models from the United Kingdom, Australia, and the United States. The analysis demonstrates that the concentration of discretionary power in ANKUM generates normative vulnerabilities, including inconsistent enforcement, limited procedural safeguards, and ethical tension in balancing command loyalty with justice. The article’s original contribution lies in reconceptualizing military discipline not merely as an instrument of hierarchical control, but as an ethical institution inherent in command responsibility, operationalized through three analytical dimensions: ethical proportionality in sanctioning, institutional accountability mechanisms, and the alignment of disciplinary enforcement with unit cohesion and operational readiness. Grounded in comparative military justice and moral philosophy, the article proposes a reform-oriented framework that enhances legal legitimacy and strengthens ethical command within democratic civil–military relations
Restorative Justice: Finding Common Ground Between Justice and Shared Interests Yustia, Dewi Asri; Jodi, Faris Fachrizal; Panjaitan, Ananda Chrisna D.; Hassan, Fareed Mohd
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.32646

Abstract

In Indonesia’s current criminal justice practice, the resolution of criminal acts can be pursued through two main approaches: retributive justice, as regulated by the Indonesian Criminal Procedure Code (KUHAP), and restorative justice, which has gradually been adopted through various regulations at the stages of investigation, prosecution, and adjudication. Restorative justice emphasizes restoration rather than retribution by involving the offender, the victim, their respective families, and community figures in a collaborative process to reach a fair resolution. This study aims to examine the fundamental principles of restorative justice within the Indonesian criminal justice system and to propose a conceptual framework that promotes an integrative approach to resolving criminal cases by balancing the interests of all parties. Using a normative juridical method and a qualitative approach, the study finds that restorative justice is based on the principles of restitution, reconciliation, and social reintegration. To support its effective implementation, the concept should include the strengthening of legal norms concerning victims’ rights, the authority of law enforcement institutions, and the development of a justice system that embraces restorative values. Ultimately, the application of restorative justice is expected to shape a criminal justice system that is not only repressive but also ensures a balanced consideration of the interests of victims, offenders, and society as a whole.

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