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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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Admissibility of Lawsuits Based on Interest under Algerian Civil and Administrative Procedures Yassine, Chami; Ahmad, Ahmad; Muhtar, Mohamad Hidayat; Rivera, Kevin M; Putri, Viorizza Suciani
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.v6i2.24309

Abstract

This study examines the impact of interests on the admissibility of civil and administrative lawsuits in Algeria under the Administrative and Civil Procedures Code in the country. The research utilized a normative research method that integrated legal concepts and approaches. It drew on primary legal sources such as laws, regulations, and court decisions, as well as secondary sources including documents, literature, and articles. The study aims to raise awareness among both legal professionals and the general public about the significance of interests in civil lawsuits and how it can impact the admissibility or inadmissibility of lawsuits filed before the court. This will help enhance judicial efficiency by allowing courts to prioritize cases with significant impact on the parties or broader societal relevance. The research manifested that interests are pivotal in determining a lawsuit's validity and that for a lawsuit to be heard, interests must be legal, legitimate, and actual. It also highlighted that the concept of interest in civil lawsuits acts as a crucial mechanism to safeguard the integrity, fairness, and efficiency of the judicial system. Objections based on the unenforceability of interests serve as a key procedural tool, enabling the dismissal of lawsuits that do not meet this criterion. Thus, interest is essential not only for forming the basis of a lawsuit but also for maintaining judicial integrity and effectiveness.
Integration of Mediation in Divorce Cases Reviewed from Supreme Court Regulation on Court Mediation Procedures Junus, Nirwan; Sarson, Mohamad Taufiq Zulfiqar; Elfikri, Nurul Fazri; Muntholib, Job Wahidun
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.v6i1.19370

Abstract

The court as a law enforcement instrument has been implementing mediation since 2008. However, the success of mediation is still far from what was expected. This indicates that the integration of mediation in the court system has not been effective, especially related to divorce cases. The integration of mediation into court practice, on the one hand, aims to avoid the accumulation of cases and maximize the function of court institutions in resolving adjudicative disputes, but on the other hand, it increases the judges' workload. Therefore, integrating mediation into court proceedings can be an instrument in reducing the divorce rate. This research uses an empirical normative approach in terms of Supreme Court Regulation Number 1 of 2016. The obtained data will be analyzed qualitatively. The research results indicate that the integration of mediation in divorce cases at the Gorontalo City and Regency Religious Courts has prioritized societal values, particularly deliberation to reach the best solution for the parties involved. However, this approach does not seem to align well with the social dynamics in Gorontalo City.  This is because there are still several key factors that hinder achieving the best results through mediation. The failure to reach critical points in these deliberations results in a minimal success rate for mediation in resolving divorce cases, as evidenced by the relatively high number of divorce decisions. This is often due to the parties involved blaming each other and being unwilling to negotiate for a mutual agreement.
The Prevalence Of Child Marriage: Comparitive Study Of Indonesia And Other South Asian States Retnowulandari, Wahyuni; Wangga, Maria Silvya Elisabeth; Notoprayitno, Maya Indrasti; Ahmad, Nadzriah
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.v6i2.24257

Abstract

Child marriage is a serious issue that has yet to be addressed by Indonesia. This practice severely affects the rights of the child and also Indonesian society as a whole. From a human rights perspective, child marriage is a form of gender-based violence. The causes of early marriage in Indonesia include pregnancy out of wedlock, which is also supported by westernized social life as well as the influence of the media, low education, economic factors and patriarchal culture. Meanwhile, other South Asian States such as India are influenced by economic violence against Muslim women perpetrated by their husbands. This practice in India has a detrimental impact on Muslim women's access to health services, educational attainment, social mobility, and employment opportunities. Furthermore, Bangladesh is affected by family poverty, while Pakistan is affected by financial shocks and school dropout rates. Although multiple factors causally affect the prevalence of child marriage, Indonesia and other South Asian States have shown that protective laws may help to lower the rates of child marriages and adolescent fertility. This article analyzes Indonesia's legal framework in efforts to protect child marriages and compares it with other South Asian States. The main issue of this paper is that early marriage violates the children's rights and both the Indonesian government and the international community should be obligated to combat early child marriage. The methodology employed by this article is a qualitative method of comparative legal case study, where secondary data such as books, articles, reports, online web sites, and court cases are analyzed. This article concludes that existing evidence shows that Indonesia and other South Asian states still lack in enforcement and monitoring delays to ensure the rights of the child and protect women. Alternative legal protection should be applied in order to ensure that women and children can gain access to higher education and hold their life in their own hands
Democratization or Extra-Constitutionalism: Ideas for Limiting the Term of Office for Chairmen of Political Parties in Indonesia Mukhlis, Muhammad Mutawalli; Tajuddin, Muhammad Saleh; Ilham, Ilham; Koharudin, Koharudin; Rahman, Abdul
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.v6i2.24116

Abstract

One aspect of the internal democratization of political parties that is not working is the lack of regeneration of political party leaders. This phenomenon presents oligarchic party practices and gives rise to a very elitist and feudalistic culture since political parties are controlled by the general chairman. This research is qualitative research with normative juridical methods using legal, conceptual, philosophical, and doctrinal approaches. This research is library research that examines and explores regulatory documents, books, journals, and other scientific works that are relevant to the topic of discussion. This article aims to provide new thinking in building internal institutions of democratic political parties. The results of data collection were analyzed in depth and then presented descriptively analytically. The conclusion of the article shows that by limiting the term of office of the general chairman of a political party, party internalization becomes more open. This idea advances party organizations that prioritize healthy competition. The terms of office need to be regulated in the political party law and do not need to be regulated in the political party's articles of association and bylaws for the sake of uniformity and legal certainty. The term of office of a political party leader is limited to 1 (one) period, namely five years, and a maximum of 2 (two) periods, namely ten years, if re-elected as general chairman at the political party conference forum and chairman election.
Legal Challenges of AI-Induced Copyright Infringement: Evaluating Liability and Dispute Resolution Mechanisms in Digital Era Eviani, Nanda Yuniza; Maskun, Maskun; Faqi, Ahmad Fachri
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.v6i2.24459

Abstract

The development of artificial intelligence (AI) has introduced unprecedented technological advancements and complex legal challenges, particularly in copyright infringement. The capability of the systems to replicate and disseminate copyrighted content without authorization raises questions about the adequacy of existing legal frameworks. Therefore, this research aims to explore the critical question of liability for AI-related copyright infringement, examining the responsibilities of developers, users, and systems. A comprehensive examination of relevant laws and regulations is carried out using a normative qualitative methodology. This is supported by case research and recent legal advancements, with a comprehensive comparison of relevant terms. Legal factors and dispute resolution methods applicable to AI-related copyright infringement are also considered. Due to the systems' autonomy, standard liability frameworks such as Digital Millennium Copyright Act (DMCA) cannot address AI-induced infringement. Meanwhile, a fault-based liability strategy that requires proof of purpose or negligence is suggested to improve accountability. This research reports the strengths and weaknesses of using dispute resolution mechanisms to solve copyright infringement. The results show that World Intellectual Property Organization (WIPO) dispute resolution provides a robust framework for resolving disputes after comparing regulations and mechanism.
Balanced Approach Regulatory Measures for Excise Tax on Tobacco and Nicotine-Based Products with Differential Degrees of Harm Mohamad Hashim, Haswira Nor; Ibrahim, Zuraeda; Ghazali, Noorlaila; Yunus, Nuridayu; Othman, Rani Diana
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.v6i2.24281

Abstract

This paper reports a study that analyses regulatory measures for excise tax on tobacco and nicotine-based products in Malaysia.The study highlights current non-optimal nature of excise tax due to a lack of differentiation between the varying degrees of harm caused by different tobacco and nicotine-based products within a given category. The study aims to address this issue by proposing a regulatory measure that adopts a balanced approach to taxing harmful tobacco and nicotine-based products.  A focus group discussion involving a group of experts in tax and excise tax, medical and pharmacology, and law and policy was conducted to gather expert inputs on policy compliance with international standards for excise tax on tobacco and nicotine-based products; effectiveness of current policies in addressing harm differentials;  and setting excise tax rates to balance harm levels and combat illicit trade. This study concludes that, Malaysia should adopt a balanced approach regulatory measures to combat illicit tobacco trade and promote harm reduction and equitable public health outcomes.This study recommends a differentiated excise tax for tobacco products in Malaysia based on harm and addiction levels, aiming tobalance the excise-duty with differential degrees of harm and optimize policy effectiveness towards achieving a smoke-free Malaysia by 2040. The proposed recommendation is aligned with Article 6 Guidelines of the World Health Organization Framework Convention on Tobacco Control.
Political Party Deliberation: Mechanism for Safeguarding Constituent Rights against Vacancies in House of Representatives Affected by Political Party Dissolution Fauzia, Ana; Esfandiari, Fitria
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.v6i2.24110

Abstract

The Indonesian Constitutional Court has the power to dissolve political parties. But this power has never really been used. This research aims is to examine the impact of the legal vacuum created by the collapse of political parties. The problems raised in this research are as follows: First, aspects of the legitimacy of political party management deliberations in filling the vacancies of members of representative bodies as an implication of the dissolution of political parties;.Second, the deliberation mechanism of political party officials should be analyzed as a legal reform to fill the vacant positions of members of representative bodies from disbanded political parties. The findings of this study take the shape of a notion concerning party management decisions offering their constituent votes to other political parties that do not reach the threshold for collecting votes to sit in parliament because they do not satisfy the parliamentary threshold.

Page 14 of 14 | Total Record : 137

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