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Jambura Law Review

jalrev
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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.

Arjuna Subject : -

Articles 117 Documents

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An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects Mellisa Towadi; Nur Mohamad Kasim; Rumawi Rumawi; Siti Asifa Tahir
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.

Granting Business License to Fuel Traders “Pertamini” As a Form of Legal Protection Nirwan Junus; Karlin Zakaria Mamu; Mohamad Syahnez W. Aditya Cono
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

Oil and Gas plays an important role in the fulfillment of fuel needs from both the industrial and transportation sectors. This regulation on Oil and Gas has provided a legal basis in its implementation. The presence of retail fuel businesses "Pertamini" is causing legal problems, this is because the existence of these businesses do not have a formal business license at all.This paper analyzes the sale of fuel under the brand "Pertamini" which does not have a business license. This research uses normative legal research method with statute approach and conseptual approach.The results showed that, with the increasing number of "Pertamini" fuel traders without a license, it will certainly have implications for the law and uncontrolled management of Oil and Gas. Therefore, the government and related agencies can issue permits to "Pertamini" fuel traders. Because by obtaining a legal business license, in terms of its management can be carried out optimal supervision to prevent the occurrence of fuel misuse. This also includes efforts to provide certainty and legal protection to "Pertamini" Fuel Traders.

The Impacts of Government Policy on Covid-19 to Airlines Liability: A Case Study in Indonesia Elfrida Ratnawati
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

The impact of Covid-19's impact on the air transportation sector, especially in Indonesia. This article will discuss the impact and responsibility of airlines on the policies adopted by the Indonesian government regarding the COVID-19 pandemic. This article uses a normative juridical legal approach, research based on literature or secondary material. Meanwhile, the data obtained through legal analysis and social phenomena that occur in society. The rules that must be obeyed by airlines require them to do flight restrictions and cancellations. As a consequence of the cancellation, the airline must return the funds to passengers who have purchased travel tickets and the airline cannot hide behind force majeure. As the party issuing policies, the Government must be able to see a balance in social life and provide appropriate legal protection. In addition, the Government may not issue policies that can lead to different interpretations of those who read the policies. These strict regulations are needed so that passenger rights can be realized which is the responsibility of the airline.

The Function Of Sharia-Based Regional Regulations On Education And Social Services In The Regions Nuvazria Achir; Sri Nanang Meiske Kamba
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Through access to regional autonomy, the desire of various regions to formulate Islamic law into their laws and regulations in order to fulfill rights and obligations and respond to various problems of society becomes more open. Therefore, the purpose of this research is to reveal how the function of Sharia Regional Regulations in the implementation and fulfillment of basic service duties of local government, especially from the aspects of education and socio-culture in Gorontalo Province. This type of research includes normative legal research supported by empirical data, which examines comprehensively and analytically the primary and secondary legal materials, using statute approach and case approach. The result of the research indicates that the existence of these regional regulations is one of the provisions ensured in Law no. 23 of 2014 on Local Government and Government Regulation Number 38 of 2007 on the Division of Government Affairs, between the Provincial Government and Regency/Municipal Government. The regional regulations drafted and compiled by the Gorontalo provincial government actually assure harmony of life, security, and order. As it is in the field of one's religious education. The existence of the Regional Regulation of Reading and Writing Al-Qur'an in Gorontalo is able to embody the desire of students to develop their education to higher level, as a condition for entering the next school level. Meanwhile, from the socio-cultural aspect, the existence of Regional Regulations on the Prohibition of Gambling, Prostitution, and Liquor, helps the government create order and tranquility in people's lives, maximize regional potential and development, especially with regard to local wisdom. Therefore, the Regional Government requires to implement and maximize the provisions of sharia regional regulations in order to support development, especially those related to basic services in various aspects, in order to maximize the regional potential and local wisdom.

Omnibus Law in the Perspective of Constitutionality and Legal Politics Abdul Hakim Siagian
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

Overlapping norms in regulations, for example in the Natural Resources sector in terms of ease of investment, which previously had been sufficiently well regulated in the Law, many of the rules were cut through the omnibus law draft. The issues to be discussed are the constitutionality of the omnibus law concept in achieving legal certainty and usefulness in Indonesia. The research method used is normative juridical legal research. The results show that the omnibus law will also not interfere with the hierarchy of statutory regulations because the omnibus law is actually applied the same as the usual statutory regulation formation system. Apart from that, the omnibus law will also provide significant legal objectives in the form of legal certainty and usefulness compared to the normal law revision method (one by one).

“A Juridical Review Towards The Land Rights Ownership In Mixed Marriage” Rahmia Rachman; Erlan Ardiansyah; Sahrul Sahrul
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

Mixed marriage causes a legal impact on Indonesian citizens marrying foreign citizens. They cannot have land rights since it is a part of joint property in marriage based on laws and regulations on land in Indonesia following the nationalism principles. The problem involved the guarantee of constitutional rights in land rights ownership is for the Indonesian citizens having a mixed marriage and the requirements for property/assets division agreement in a mixed marriage. This used normative legal research using the legislative approach and case approach. The legal materials consisted of primary legal materials, secondary legal materials, and tertiary legal materials that were then analyzed and concluded using the descriptive-qualitative method. The result was that the Indonesian citizens, having a mixed marriage with foreign citizens, had similar constitutional rights to other Indonesian citizens for land rights provided that the land was not included in joint property and proven by a marriage contract containing property/assets division. The marital property division agreement can be made at the time of or before the wedding, or during the marriage in the form of a Notarial Deed, and be legalized by a marriage registrar. For Moslems, it is registered in the Office of Religious Affairs, while for non-Moslems, it is registered in the Civil Registration Office. If the contract has been legalized, the content in the contract will bind the people who make it (husband and wife).

The Model Of Local Regulation Of The Human Rights Fulfillment Based On Progressive Law Yulia Neta; Budiyono Budiyono; Ade Arif Firmansyah
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

One of the materials for the amendment of the 1945 Constitution is the guarantee of human rights and constitutional rights of citizens. This change can be seen as a manifestation of awareness about the importance of protecting the human rights and constitutional rights of citizens, which grows and becomes the spirit of reform. Local governments have an important role in presenting the spirit of reform by presenting Regional Regulations for the Fulfillment of Human Rights. The material model for the content of the Local regulation Fulfillment of Human Rights based on progressive law relies on three things, namely: laws and regulations that regulate human rights both vertically and horizontally, the contextual reality of the recognition and protection of human rights found in local communities and thirdly for humans and humanity. Systematically, the division of chapters containing the content in it consists of: general provisions; principles and objectives; type of human rights; human rights recognition; protection of human rights; fulfillment of human rights; community participation; guidance and supervision; funding and closing provisions. By using the socio-legal approach, this paper describes the material model for the content of regional regulations regarding the fulfillment of human rights based on progressive law.

Body Shaming Through Social Media As a Digital Crime In The Era of Disruption Mohamad Rusdiyanto U. Puluhulawa; Riski Husain
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

Digitalization has ushered in an era of disruption. The negative impact is body shaming. In the case of body shaming in Indonesia in 2018, “there were 966 cases of physical humiliation or body shaming handled by police from all over Indonesia throughout 2018. Most recently in 2019, public figures were also affected. No less surprising, this phenomenon does not only attack adults but also babies. The problem raised in this paper is what legal factors influence the rise of body shaming as a digital crime in the era of disruption. The approach method used is conceptual. In conclusion, the legal factors that influence the prevalence of body shaming are the substance of law and legal culture. In the aspect of legal substance, some areas have not been touched by current regulations, even though the legal realm is often used as a catalyst for digital body-shaming crimes. Meanwhile, in the aspect of legal culture, the problem of legal conflicts and low legal compliance are the main problems. To make matters worse, the attitude of the victim who prefers to ignore the treatment they receive without taking a fight justified by law makes the perpetrators of body shaming even wilder and more frontal, because law enforcers, as part of the legal structure, are unable to take action because this act falls under the complaint offense. Suggestions, improved regulations and the role of the press and the public to change the way they view body-shaming behavior

Legal Protection Bonda And Bulango Languange : In Reality And Prospect Lisnawaty Wadju Badu; Suwitno Yutye Imran
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

72 years independent of Indonesia, the regulation of culture became a "fragmented norm" into various laws, then in 2017 Indonesia has a special law regulating the promotion of culture, as if it was an oasis in the midst of "extinction" the protection against extinct regional languages including Bonda and Bulango languages. This research is intended to examine the prospects of the policies that need to be taken by the Bone Bolango District Government in protecting and sustaining the Bonda and Bulango languages as a form of fulfillment Indonesia Constitution promises that are leerplicht. The scientific method used in this study is a type of normative research with a statute approach, case aproach and conseptual approach. The results showed that the reality of the protection of Bonda and Bulango Languages was far from the maximum word, it can be seen from the lack of documentation about the Bulango Language morphology and the condition of the use of Bulango language which only leaves one speaker, while Bonda Language is even a Bonda dictionary but its use is still limited to the Suwawa peoples only, with the condition of its speakers diminishing. The policy prospects that can be carried out by the local government in protecting and preserving the Bonda and Bulango languages include the establishment of a regional regulation on the protection and preservation of Bonda and Bulango as the basis for the Bone Bolango district Government which will regulate the obligations of educational institutions both formal and informal Primary and Secondary level in the protection and preservation of Bulango and Bonda languages, village government obligations, peoples obligations, and the role of the council of custom or duango lo lipu, including the source of the budget for the protection and preservation of Bonda and Bulango languages, and followed by technical policies others as a real form of preservation of the two languages.

Model Of Punishment: Juvenile Justice Systems Rafika Nur; Handar Subhandi Bakhtiar; Nurul Miqat; Darmawati Darmawati; Mustawa Mustawa
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

The position of children who have special rights in the law makes children get special treatment. In the juvenile justice system in Indonesia, there are two systems of sanctions, namely criminal sanctions and actions, and this is done to realize the protection of children who are dealing with the law. This research is a normative juridical review, using a statute, comparative and conceptual approaches. The results show that the imposition of sanctions on children is based on the child's age, where children aged 12 to before 14 years can only be sanctioned with actions, and children aged 14 to before 18 years may be subject to criminal sanctions or actions.

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Home Page

OAI Link

Editorial Team

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Reviewer

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Contact Name Novendri M. Nggilu

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Journal Mail Official jamburalawreview@gmail.com

Editorial Address Jl. Jend. Sudirman No. 6 Kota Gorontalo, Gedung Fakultas Hukum Universitas Negeri Gorontalo

Location Kota gorontalo, Gorontalo INDONESIA

Abstract

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Contact Name
Novendri M. Nggilu

Contact Email
novendrilawreview@ung.ac.id

Phone
-

Journal Mail Official
jamburalawreview@gmail.com

Editorial Address
Jl. Jend. Sudirman No. 6 Kota Gorontalo, Gedung Fakultas Hukum Universitas Negeri Gorontalo

Location
Kota gorontalo,

Gorontalo

INDONESIA