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Novendri M. Nggilu
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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 117 Documents
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The Urgency of Supervision Institutions in Implementing Prisoners' Rights as an Effort to Restructure Criminal Execution Laws Widyawati, Anis; Maskur, Muhammad Azil; Aisy, Rohadhatul; Teeraphan, Papontee; Setyanto, Heru
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27595

Abstract

This research explores the protective laws and enforcement of human rights in Indonesian correctional facilities, especially by observing systematic problems in exercising the ruling on prisoners' rights.  This study uses a juridical-empirical method based on analyzing legal sources with additional field research to cover what legal contents advocate for in what contexts more effectively. It analyzes primary legal materials,including relevant legislation and gathers empirical data throughinterviews and direct observations. This approach allows for an enhanced understanding of the interplay between legal theory and practice to evaluate the legal framework of prisoners' rights protection critically. The findings reveal significant legal gaps, particularly regarding the unclear constitutional arrangements regarding the separation of powers in the execution of sentences as well as the protection of prisoners' rights. These issue are notably prevalent in correctional institutions in Central Java, which has been the case that the enforcement mechanism has not been running optimally. The analysis identifies systematic violations of prisoners' rights stemming from structural weaknesses in the legal relationships between correctional institutions, courts, and other law enforcement entities. As outlined in the examination of statutory interpretation and legal principles throughout this study, legislative reform is also necessary to better protect prisoners' rights, particularly concerning clarification of institutional authority and improved oversight mechanisms. These findings highlight the necessity for legal harmonization between human rights standards and correctional practices to increase the integrity of the Indonesian criminal justice system.
Facing Digital Age: Should the Regional Regulation Be Made Digitally? Fatkhurohman Fatkhurohman; Sirajuddin Sirajuddin; Sholahudin Al Fatih
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27111

Abstract

In forming a Regional Regulation, the Regent must interact formally with the Governor and the Ministry of Law and Human Rights through a facilitation and consultation evaluation mechanism. Providing recommendations for assessing draft regional regulations can confuse those proposing them because suggestions for improvements between the Governor and the Ministry of Law and Human Rights are not well coordinated and are carried out manually. This research aims to find a solution by optimizing coordination methods with digital application networks, especially in establishing regional regulations so that they occur quickly and accurately. This research will later be carried out using an empirical juridical approach, where researchers will delve more into primary data by discovering countless realities in the field regarding the effectiveness and efficiency of the implementation of evaluations by the Governor and the Ministry of Law and Human Rights during the implementation of the assessment of draft regional regulations. This research shows that coordination between the Governor and the Ministry of Law and Human Rights needs to be carried out jointly based on an agreement in evaluating regional regulation proposals so that assessments are distinct. To make  this process runeffectively and efficiently, it is better to do it online via a digital application.
Navigating the Waters of Conflict: Indonesia and Malaysia's Maritime Boundary Dispute in the Sulawesi Sea and Malacca Straits Yordan Gunawan; Muhammad Arya Ansar; Siti Asdilla Dzakiyyah
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.24367

Abstract

This paper examined the maritime border disputes between Indonesia and Malaysia in the Straits of Malacca and Sulawesi Sea. The research comprehensively examined the historical backdrop, current disputes, and recent accords reached following 18 years of discussions. The primary emphasis lies in contrasting the negotiation strategies employed by the two countries with alternative methods of resolving conflicts, such as litigation. The study applied normative legal research methodologies, utilizing a statutory, analytical, and prescriptive approach based on international law. It relied on secondary legal materials and related laws. The historical context highlighted the importance of the Strait of Malacca as a vital maritime passage and the difficulties arising from conflicting claims and territorial sea limits. The study subsequently explored the techniques for resolving conflicts, specifically focusing on the significance of international law, namely the United Nations Convention on the Law of the Sea (UNCLOS).
Ensuring Indigenous People’s Rights Protection Through Normative Law in Land Acquisition for Indonesia’s New National Capital City, Nusantara Iwan Permadi; Weny Almoravid Dungga; Azhani Arshad
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.24930

Abstract

The development of Indonesia’s new capital, Ibu Kota Nusantara (IKN) or the Nusantara Capital City, involves land acquisition, potentially impacting the rights of indigenous peoples. This study evaluates the effectiveness of normative law in protecting these rights during the land acquisition process. Using a normative method, it examines relevant laws, regulations, jurisprudence, and academic literature through qualitative analysis. The findings reveal that while a robust legal framework exists to protect indigenous rights, implementation challenges persist. Key issues include determining fair compensation, land ownership recognition, relocation, and cultural preservation. Addressing these problems requires improved synergy and refinement of laws and regulations. The study highlights the critical need to bridge the gap between normative legal provisions and real-world practices. It emphasizes a holistic approach involving the government, indigenous communities, and stakeholders to achieve equitable and sustainable development. By offering operational legal solutions, the research underscores the importance of consistent legal application to respect indigenous rights. The findings call for multidisciplinary studies to tackle the complexities of protecting indigenous peoples in large-scale development projects. Strengthening legal mechanisms and fostering inclusive collaboration are essential for ensuring development aligns with the rights and needs of indigenous communities.
Neurolaw: A Concept in Development and Enforcement of Criminal Law in Indonesia Zico Junius Fernando; Agusalim Agusalim; Ria Anggraeni Utami; Hamonangan Albariansyah; Rian Sacipto
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.24144

Abstract

Neurolaw is an interdisciplinary field that combines law and neuroscience to enhance the understanding of human behavior, decision-making, and their legal implications. This approach is gaining global attention and has potential for application in Indonesia’s criminal law system. Neurolaw sheds light on how factors related to the brain and nervous system like impulsivity, mental health issues, and environmental influences can affect criminal behavior and personal accountability. This research, using normative legal method, finds that neurolaw could be valuable in Indonesia’s justice system for evaluating testimony, truth, and fairness. Techniques like brain scans and neuropsychological tests offer scientific support for statements made by defendants and witnesses, helping to ensure legal decisions are more objective and just. While neurolaw offers potential advancements for criminal law, it faces challenges in Indonesia. Neuroscience is a complex field that requires specialized knowledge, yet Indonesia currently has few experts in this area. Additionally, the required infrastructure such as brain scanning technology, advanced laboratories, and research funding is limited.
Clashing Legal Realities: A Comparative Analysis of Insolvency Tests in Australia and Indonesia's Bankruptcy Law Riyanto, R Benny; Arifin, Ridwan; Fibrianti, Nurul; Laryea, Emmanual; Syahputra, Bearlly Deo
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27327

Abstract

This comparative study explores the insolvency test frameworks in Australia and Indonesia, focusing on the legal perspectives within their respective bankruptcy laws. In Australia, the insolvency test is governed by the Corporations Act 2001, which employs a dual approach: the balance sheet test, assessing whether liabilities exceed assets, and the cash flow test, evaluating a company's ability to meet debts as they fall due. This combination aims to offer a comprehensive picture of a company's financial health, facilitating early intervention to prevent insolvency. In contrast, Indonesia's insolvency regime, regulated by the Insolvency and Suspension of Debt Payment Obligations Law (UUPK), adopts a more creditor-centric approach, emphasizing the debtor's ability to meet debt obligations rather than focusing on asset-liability balances or cash flow. This disparity reflects differing legal frameworks and economic contexts, which in turn affect the efficiency and effectiveness of insolvency proceedings in each country. The study utilizes a comparative legal research approach, analyzing primary legal texts, case law, and secondary literature to examine the procedural differences, particularly in the initiation of bankruptcy claims and the protection of creditors' rights. It also explores how these divergent insolvency tests shape the resolution of financial distress, considering both legal and practical implications in the respective jurisdictions. The findings highlight key contrasts in how insolvency is defined and addressed, with Australia prioritizing preventative measures and a holistic view of financial health, while Indonesia's system places more emphasis on creditor protection and debt repayment capacity. The study concludes with recommendations aimed at improving alignment and efficacy within each legal framework, proposing adjustments that could enhance financial stability and optimize outcomes for stakeholders in both countries.
International Civil Law Aspects of International Marriage: A Comparative Perspective of Indonesian and Japanese Law Natasya Yunita Sugiastuti; Bambang Rudyanto; Aleksander Dancar
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.25860

Abstract

International marriage is a marriage between two parties with different nationalities. As every country has its own civil law that regulates marriage, international marriage involves aspects of international civil law. This study raises two key issues: first, the determination of applicable laws related the material and formal conditions of marriage; and second, the citizenship of spouses as well as children in an international marriage. The discussionadopts a comparative perspective, focusing on Indonesian and Japanese legal systems.   This study employs normative legal research, utilizing a statutory and comparative approach, analyzing primary, secondary, and tertiary legal materials through qualitative methods and inductive conclusions. Results of the study indicate conceptual similarities between Indonesian and Japanese law in the area under study. First, material conditions of international/mixed marriage are determined based on the principle of lex patriae, while formal conditions are based on the lex loci celebration. principle Second, international marriage does not cause the spouses to automatically lose their own or obtain the citizenship of their spouse but can only obtain the citizenship of their spouse through a naturalization application. Children born in international marriages obtain citizenship based on the principle of ius sanguinis, and if this leads to dual citizenship, within a certain period of time the child must choose one of the nationalities. The existing literature concerning international marriage indicates that there is a gap of research with comparative approach between Indonesian and Japanese law. Thus, in addition to enriching the study of law related to international marriage, the results of this study can be used as educational materials for the Indonesian diaspora in Japan and vice versa.
Beyond the Surface: Exploring the Next Level of Terrorism on the Dark Web Nur Fadhilah Mappaselleng; Nadiah Khaeriah Kadir; Abd. Kadir Ahmad; Zul Khaidir Kadir; Normiati Normiati
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.26150

Abstract

The lack of effective security mechanisms on the Surface Web facilitates the occurrence of cybercrime. The high accessibility of the Surface Web also allows law enforcement agencies to more easily track and identify perpetrators. However, this motivates criminals to migrate to the Dark Web, the deepest layer of the internet that offers a higher level of security.  This research aims to analyze the communication patterns utilized by terrorists on the dark web, propaganda, recruitment, and the use of cryptocurrency in transactions and fundraising by terrorists.  The research method used is normative legal research with a conceptual and case approaches and qualitative analysis. This research analyses that terrorists have transitioned to using the Dark Net in a similar manner to how they have utilized the Surface Web over the past several decades, but there are now additional opportunities for tech-savvy operatives. Three main features, anonymity, encrypted messaging, and the use of cryptocurrency, work together to provide an environment that is almost perfect for terrorists on the Dark Web. This combination allows terrorists to conduct their operations more effectively and covertly, making the Dark Web a highly valuable tool for achieving their goals without significant risk of exposure and disruption by security authorities.
Intersectionality in Social Justice: Unpacking the Complexity of Oppression Suyahman, Suyahman; Karimullah, Suud Sarim; Syahril, Muh. Akbar Fhad
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27828

Abstract

This study aims to understand, explain, and address the complexities of oppression in a multicultural and multiethnic society such as ASEAN. This study uses a law-based methodological approach that integrates intersectionality, postcolonial, feminist, critical race, and queer theories concerning international legal instruments. Based on the results of the study, mapping the landscape of intersectionality in ASEAN reveals how the interaction of gender, race, class, religion, and sexual orientation creates multiple discriminations, such as those experienced by female migrant workers, the LGBTQ+ community, and religious and ethnic minorities, who are often marginalised in legal systems and public policies. While international instruments demand protection without discrimination, inconsistent implementation of laws in ASEAN exacerbates existing structural injustices. Therefore, a transformative strategy for social justice in ASEAN requires a rights-based approach that focuses on empowering vulnerable groups, their active participation in decision-making processes, and legal reforms that integrate principles of intersectionality to ensure equitable access to justice. This approach can only succeed if ASEAN countries align domestic policies with international standards, strengthen inclusive legal systems, and empower regional mechanisms such as the ASEAN Intergovernmental Commission on Human Rights (AICHR) to more effectively uphold human rights in the region.
Artificial Intelligence in Civil Justice: Comparative Legal Analysis and Practical Frameworks for Indonesia Ummi Maskanah
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27786

Abstract

The advancement of artificial intelligence (AI) technology presents opportunities to improve the efficiency and accessibility of the judicial system in civil procedural law reform. Nonetheless, its execution in Indonesia continues to encounter numerous obstacles, including infrastructure, regulatory issues, and opposition from law enforcement agencies. This study seeks to examine the impact of AI on improving access to and efficacy of justice within the framework of civil procedural law reform in Indonesia. We employ the normative legal research method, which utilizes an approach to law and literature review, to determine the potential and challenges of integrating AI into Indonesia's judicial system. Research findings suggest that AI can accelerate the litigation process and improve the uniformity of court decisions based on precise facts. To ensure optimal use of AI, comprehensive regulatory reform is necessary, along with improvements in infrastructure and training for law enforcement personnel. The findings highlight the importance of formulating policies that promote openness and ethics in AI utilization to maintain fairness principles.

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