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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 148 Documents
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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.
Unmanned Underwater Vehicles and the Normative Gaps of UNCLOS 1982: A Functional and Evolutionary Interpretation Puspitawati, Dhiana; Susanto, Fransiska A.; Mohd Rusli, Mohd Hazmi; Wardana, Rangga Vandy
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.v1i1.33300

Abstract

The rapid development of unmanned underwater vehicles (UUVs) presents a significant interpretative challenge to the United Nations Convention on the Law of the Sea 1982 (UNCLOS), a treaty drafted for an era of manned maritime navigation. While UNCLOS regulates ships and warships in detail, it remains silent on autonomous underwater systems. This article addresses the central legal question of whether, and under what conditions, UUVs may be classified as ships or warships under the existing UNCLOS framework. The study adopts a doctrinal legal methodology based on functional interpretation and evolutionary treaty interpretation, informed by the Vienna Convention on the Law of Treaties and relevant state practice. Rather than treating technological novelty as a basis for exclusion, the analysis examines whether the functions performed by UUVs—such as navigation, military operations, and marine scientific research—allow their regulation within established UNCLOS categories. The article argues that the legal status of UUVs cannot be determined abstractly, but depends on their operational function and the maritime zone in which they operate. Normatively, the article clarifies the limits of interpretative adaptation under UNCLOS and highlights the risks of fragmented, interest-driven state practice. It concludes that functional and evolutionary interpretation can reduce legal uncertainty, but must be complemented by bilateral and regional cooperative frameworks, including codes of conduct, to ensure regulatory coherence.

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