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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 137 Documents
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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.
Reconstruction of Restrictions on the President's Power in Determining the Posture of Ministries in the Indonesian Government System Saifulloh, Putra Perdana Ahmad; Yuliandri, Yuliandri; Simabura, Charles; Fahmi, Khairul; Nur, Asrul Ibrahim
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.v7i2.29684

Abstract

This research is a critique of the 2024 State Ministry Law which gives the President the freedom to form Ministries according to his needs.. Based on this law, the President, Prabowo Subianto, formed a Cabinet consisting of 48 Ministries. For this reason, it is urgent to immediately enact a Presidential Agency Law to limit the President's power in determining the posture of ministries so that their functions do not overlap, do not reflect cabinet affairs, and prevent corruption. Through the Presidential Agency Law, it is hoped that the President will not use Ministerial positions as political barter and "share power" with political parties, coalitions and volunteers in General Elections. This research is normative research with statutory, historical, comparative and conceptual approaches. In this study it was concluded: 1).Cabinet dynamics in Indonesia after the enactment of the 2008 Law on State Ministries, namely, the Indonesia Bersatu; The Kerja Cabinet; and The Indonesia Maju Cabinet has Cabinet members, 34 Ministry; and Merah Putih Cabinet,  The number of Cabinet members is 48 Ministries in accordance with the 2024 State Ministry Law which gives the President the freedom to form Ministries according to his needs. 2).Design a Reconstruction of Restrictions on the President's Power in Determining the Posture of Ministries in the Indonesian Government System, namely: First, Establishing the Presidential Agency Law. Second, the Law on Presidential Agency must regulate the maximum number of 24 Ministries. Third, the amalgamation of Institutions within the President's circle to become an integral part of the Ministry of State Secretary. Fourth, the abolition of the Coordinating Ministry Institution. Fifth, Elimination of the Position of Vice Minister
Harmonization between National Policy and Regional Regulations in Solid Waste Management in Indonesia: A Normative-Empirical Legal Analysis Maskun, Maskun; Naswar, Naswar; Normiati, Normiati; Mukhlis, Muhammad Mutawalli; Wiranti, Wiranti
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.v7i2.31141

Abstract

Indonesia’s solid waste management framework continues to face persistent legal and institutional challenges in harmonizing national policies with regional regulations within a decentralized governance structure. Despite the enactment of Law No. 18 of 2008 and subsequent regulatory instruments up to 2023, existing legal scholarship remains largely descriptive, focusing on compliance rather than addressing normative and institutional fragmentation particularly the misalignment between Law No. 18/2008 on Waste Management and Law No. 23/2014 on Regional Government. This study aims to fill that gap by employing a normative-empirical legal approach that combines doctrinal analysis with field-based interviews involving five key stakeholders from the Ministry of Environment and Forestry, provincial agencies, and legal experts. These structural weaknesses undermine policy coherence and highlight the limitations of relying solely on legal standardization. Drawing on decentralization theory and multi-level governance frameworks, this article offers two key contributions. First, it proposes the establishment of a National Regional Harmonization Council for Solid Waste Governance (NRHC–SWG) as a statutory mechanism to enhance vertical coordination. Second, it introduces the Multi-Level Governance Harmonization Index (MLGHI) as an evaluative model to assess coherence across normative, institutional, and operational dimensions. These prescriptive and analytical innovations aim to clarify the constitutional boundaries of regional autonomy under Article 18 of the 1945 Constitution, strengthen institutional synergy, and advance regulatory integration for sustainable solid waste governance in Indonesia.
Regulatory Frameworks In Islamic Fintech: Comparative Insights From Indonesia and Malaysia Fidhayanti, Dwi; Mohd Noh, Mohd Shahid; Hanafi, Hanira; Satria, Muhammad Hatta
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.v7i2.30447

Abstract

Despite the rapid expansion of Islamic fintech in Indonesia and Malaysia, research comparing the legal and regulatory frameworks in both jurisdictions remains limited. This study addresses that gap by examining the differences and challenges within each country’s legal infrastructure that impact the development and governance of Sharia-compliant financial technology. The objective of this research is to analyze and compare the regulatory systems in Indonesia and Malaysia to identify structural strengths, weaknesses, and their implications for legal certainty and financial innovation. Employing a normative juridical method with a comparative legal approach, the study analyzes statutory instruments, regulatory frameworks, and institutional roles in both countries. The findings reveal that Malaysia benefits from a more cohesive and structured legal framework under the Islamic Financial Services Act 2013, supervised by Bank Negara Malaysia and the Securities Commission, ensuring enforceable Sharia compliance and robust innovation support. In contrast, Indonesia's regulatory environment suffers from fragmented oversight between OJK and DSN-MUI, resulting in legal uncertainty and limited enforcement of Sharia principles. This research contributes to the field of Islamic financial law by offering policy recommendations to harmonize regulatory frameworks, enhance legal clarity, and promote the sustainable growth of Islamic fintech ecosystems in Southeast Asia.
Legal Challenges of the Application of the Right to Be Forgotten in Blockchain in Indonesia and the European Union Putri, Uni Tsulasi; Nurhayati, Irna; Rahman, Taufiq El
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.v7i2.30514

Abstract

The Right to Be Forgotten (RTBF), as enshrined in data protection laws under Article 8 of the Indonesia’s Personal Data Protection Law (PDP Law) and Article 17 of the European Union (EU) General Data Protection Regulation (GDPR), grants individuals the right to request the deletion of personal data. However, this principle is fundamentally at odds with blockchain’s immutability, which ensures that once recorded, data cannot be altered or erased. This study examines the legal conflict between RTBF and blockchain through a doctrinal and comparative legal analysis of Indonesia and the EU regulatory framework. This study employs a normative legal research approach, utilizing doctrinal analysis and comparative legal method to examine statutory provisions, case law, and scholarly literature of Indonesia and the EU on the conflict between the RTBF and blockchain technology. Findings reveal that both jurisdictions struggle to reconcile RTBF enforcement with blockchain’s technical architecture, particularly in public networks. While the EU possesses stronger institutional maturity, it lacks clear jurisprudential direction on blockchain-based RTBF cases. Indonesia, with its evolving legal landscape, shows potential for flexible reinterpretation of “data destruction” under Article 44 of the PDP Law. The paper proposes a normative shift interpretation from the right to absolute erasure of the data itself toward the right to cryptographic erasure which supported by hybrid legal-technical solutions such as key deletion, off-chain storage, and permissioned blockchains.
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.

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