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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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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.
Harmonizing Arbitration: Clarity, Consistency, and Consent in the Application of Ex Aequo Et Bono Hadylaya, Michael Herdi
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.v6i1.19703

Abstract

This article delves into the intricate dynamics surrounding the application of the ex aequo et bono principle in arbitration, addressing concerns arising from potential procedural challenges and deviations from justice principles amid the escalating popularity of arbitration. The study intricately navigates the legal complexities of this principle, centering on the interpretation of Article 56 of Law 30/1999. Specifically, it scrutinizes whether the article mandates parties' consent for the arbitrator to decide based on ex aequo et bono. Employing a normative legal research approach and utilizing legal hermeneutics with a structuralist focus, the research analyzes the interplay of written agreements, tacit understandings, and standard practices in arbitration. The article underscores the critical role of precise protocols and unequivocal agreements in safeguarding the integrity and effectiveness of the arbitration process. It highlights the paramount need for clarity and consistency in legal provisions, advocating for collaborative efforts between legal authorities and arbitration institutions. This collaboration is essential for aligning statutory provisions and arbitration rules, ultimately fortifying a robust and dependable framework for the equitable resolution of conflicts. In conclusion, the article calls for a harmonized approach to address inconsistencies, enhance the legitimacy of arbitration decisions, and foster trust in the arbitration process. By exploring these challenges, the article contributes to the ongoing discourse of optimizing arbitration as a fair and efficient means of resolving international disputes.
The Consumer Protection Dynamics of Halal Products in Indonesia Haryanti, Tuti; Miru, Ahmadi
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.v6i1.19296

Abstract

Legal protection for consumers of halal products has occurred since the old order. At that time, halal regulations did not guarantee legal certainty. The state passed a regulation that specifically regulated the guarantee of halal products. However, it continues to change now. This research aims to analyze the development and direction of legal protection for consumers of halal products after enactment   of Halal Product Guarantee Law. This research was a normative domain using primary and secondary legal materials. Legal materials that have been collected were analyzed by explaining existing theories logically and systematically to obtain significant and scientific results. Furthermore, a transcript was carried out. The results of the research showed that the state has attempted to guarantee legal protection for consumers of halal products through the establishment of regulations. However, the regulation of the halal guarantee system continues to change and tends to be influenced by economic interests so the basic rights of consumers are not fulfilled. Therefore, the government needs to reform the legal system in protecting consumers of halal products based on the principle of balance of rights to provide a sense of justice, and benefit and guarantee legal certainty
The Legality of Brushing Practices in the Viewpoint of Consumer Protection Law and Telematics Law Swarianata, Vifi; Puluhulawa, Jufryanto; Apripari, Apripari; Kaku, Rismanto; Puluhulawa, Irlan
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.24040

Abstract

Instant profit-making patterns have been established by the current online purchasing and selling practices. For example, brushing is the activity of internet retailers or merchants fabricating favorable reviews or fraudulent endorsements to boost the reputation of their goods or services. When a customer receives a product or service that falls short of their expectations, brushing can be harmful. This study aims to investigate the legality of online buying and selling in Indonesia, specifically the practice of "brushing," or using fictitious orders, reviews, and buyers.  The methods used are Statute Approach, Case Approach, Conceptual Approach, Analytical Approach, Theoretical Approach.   The findings indicated that, from the standpoint of Indonesian telematics and consumer protection legislation, brushing activities frequently contravene a number of relevant rules and laws. As a result, brushing may be deemed unlawful in Indonesia and subject to penalties based on relevant legislation. In order to prevent brushing activities, it is critical that the government and regulatory agencies bolster law enforcement, protect consumers from brushing practices, and inform consumers of their rights in this regard. Enforcing stringent regulations and ensuring their efficient implementation are crucial for safeguarding consumers and upholding the integrity of Indonesia's online ecosystem.
Legalization of Same-Sex Marriage in terms of Islamic Law: a Comparative Study of Indonesia and Germany Nazar, Muhamad; Sjaiful, Muhammad; Zahrowati, Zahrowati
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.v6i1.16957

Abstract

Marriage is the behavior of creatures created by God Almighty so that life in the natural world develops well. Marriage is recommended and regulated in Islam because it has a noble purpose. As time progresses, marriages which were initially only carried out by heterosexual couples are now seeing the emergence of the phenomenon of same-sex marriages or marriages by LGBT people. What is worrying is that the LGBT phenomenon is growing rapidly in Indonesia due to increasingly open freedoms. This raises pros and cons. Same-sex marriage in Indonesia, a Muslim-majority country, has caused controversy and is considered illegal deviant behavior. However, there are also several countries in the world that have legalized same-sex marriage, including Germany, where Muslims are a minority. In 2017, Germany officially passed regulations regarding same-sex marriage including the right to adopt children. This research aims to conduct a comparative analysis of the topic of same-sex marriage among LGBT actors in Germany and Indonesia using a socio-legal approach. This research has the results of a study that the phenomenon of same-sex marriage by LGBT people that occurs in Germany and Indonesia are two different things and cannot be equated. Several factors behind this are the socio-cultural context which causes society's reactions and the implementation of government regulations regarding same-sex marriage to be different.
Reformulation of the Authority of Judicial Commission: Safeguarding the Future of Indonesian Judicial Power Rasyid, Usman; Nggilu, Novendri Mohamad; Wantu, Fence; Kaluku, Julisa Aprilia; Ahmad, Ahmad
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.24239

Abstract

Jurisdiction of Indonesian judiciary still leaves various polemics, one of which relates to decisions that are antinomian between the Constitutional Court and the Supreme Court. This research aims to describe efforts to resolve these issues through reformulation within the constitution, regarding the supervisory authority of the Judicial Commission in creating harmonization of judicial decisions in the future. This type of research is normative research. The results indicate that reformulation or redefinition of the authority of the Judicial Commission in the constitution is a gateway to optimizing the role of the Judicial Commission as a product of reform in supervising judges in issuing correct, fair, and legal certainty decisions. Regulation through the constitution is an attributive authority in which the formulation of constitutional norms in the chapter on judicial power, particularly Article of the Judicial Commission, should preferably include phrases of "safeguarding" and "upholding" the code of ethics and conduct of judges, as preventive and repressive measures to prevent antinomian decisions between two judicial state institutions from recurring.
The Competence and Authority of Midwives in giving Birth without the assistance of a Doctor in Nigeria Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Afolabi, Majekodunmi Toyin; Eregbuonye, Obieshi; Adebayo, Adesoji Kolawole
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.v6i1.20822

Abstract

Life per se is not short, but our actions and inaction often result in the shortness of our life. This quote is concerning the fact that in Nigeria and the global standard it is required that during childbirth delivery there should always be a doctor present to avoid complications that may result in the death of the mother or the child. However, in Nigeria, it has been observed that the majority of the childbirth delivery conducted in hospitals or at any other place by local or trained mid-wife are often executed without the involvement or presence of a doctor.  In this regard, is it legally and medically in abeyance to conduct childbirth delivery without the aid of a doctor, given the possible complication that may result in loss of life and damage to the mother and child. It is in this regard that this study tends to adopt a hybrid method of study (involving a doctrinal and non-doctrinal) in ascertaining the legal issues and challenges in curtailing mid-wife involvement in child delivery in the absence of a medical doctor. 307 questionnaires were distributed to respondents, and the data obtained were analyzed by adopting an analytical and descriptive method. The study, therefore, found that there are very high incidences of the mortality rate of a pregnant mother and their baby during delivery by mid-wife and nurses given the absence of a doctor. The study further found that though there are laws and ethical codes that regulate childbirth delivery in Nigeria, however, there are challenges that often mitigate the curtailment of mid-wife or nurses involved in childbirth delivery without the aid of a doctor. We thus concluded and recommended that authorities should establish effective regulations and sanctions for midwives or nurses participating in childbirth deliveries without the presence of a doctor.
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.

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