Jambura Law Review
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.
Articles
117 Documents
<![CDATA[A Legal Review of Sailing Approval Letter: Systems and Procedures ]]>
<![CDATA[Abbas Abbas]]>;
<![CDATA[Syahruddin Nawi]]>;
<![CDATA[Hamzah Baharuddin]]>;
<![CDATA[Ilham Abas]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.9881
<![CDATA[Every ship that is going to sail is required to have a sailing approval letter issued by the harbormaster as an effort to control the security and safety of shipping. This research is a normative-legal research using a statute, comparative and conceptual approaches.The results show that the harbormaster as a government official at the port carries out and supervises efforts to fulfill shipping safety and security as a government administrative action by issuing a state document in the form of a sailing approval letter through a system of procedures for issuing a sailing approval letter. This letter is given to every ship that will sail or leave the port by ensuring that the ship, crew and cargo have technically-administratively fulfilled all sailworthiness requirements. The compliance of all parties in implementing the procedure for the issuance of the sailing approval will lead to the achievement of safety and security in shipping.]]>
<![CDATA[Regional Head’s Authority In Determining Mutation Of Government Employees ]]>
<![CDATA[Fahmi Kamuli]]>;
<![CDATA[Tunggul Anshari]]>;
<![CDATA[Istislam Istislam]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.7520
<![CDATA[This research is aimed to analyzing and understanding the actions of the Head of Boalemo Regency in mutate the Civil Servant based on the mutation policy and also to analyze the filling positions in the implementation of the mutation of Civil Servants in Boalemo Regency. The method used in this research is Empirical Juridical Method. The results of the research were found that mutations of Civil Servant are enhancement over the years in Boalemo Regency. Injustice in determining mutations is marked by work placements that are not compatible with Civil Servants’ educational background. There is a political interest in the Government of Boalemo Regency which caused injustice in the mutation of the Civil Servants. ]]>
<![CDATA[The Law Enforcement Weakness of Songs and Musics Copyright Crimes ]]>
<![CDATA[Edi Tuahta Putra Saragih]]>;
<![CDATA[Muhammad Citra Ramadhan]]>;
<![CDATA[Isnaini Isnaini]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.7710
<![CDATA[This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. ]]>
<![CDATA[Constitutional Compliance Solution to Law Testing Rulings in the Constitutional Court ]]>
<![CDATA[Tri Sulistyowati]]>;
<![CDATA[Ali Ridho]]>;
<![CDATA[M Imam Nasef]]>
<![CDATA[ Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i0.10735
<![CDATA[One of the current constitutional issues in Indonesia is the non-compliance of the decision to immediately follow up the decision of the Constitutional Court, which is final. This paper aims to analyze forms of non-compliance with the decision of the Constitutional Court and create a model that is expected to be a solution to the problem. This type of research is juridical normative by using secondary data processed by editing and systematization techniques. The results showed the form of non-compliance of the decision of the Constitutional Court by the addresat of the decision is manifested in 3 (three) forms, namely normative, praxis, and normative and praxis forms. There are three proposed state-regulation solutions, namely judicial deferral by limiting the time of action, re-affirmation of judicial restraint, collaborative action, and collective awareness between state institutions.]]>
<![CDATA[Protecting the Consumer Rights in the Digital Economic Era: Future Challenges in Indonesia ]]>
<![CDATA[Ridwan Arifin]]>;
<![CDATA[Juan Anthonio Kambuno]]>;
<![CDATA[Waspiah Waspiah]]>;
<![CDATA[Dian Latifiani]]>
<![CDATA[ Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i0.9635
<![CDATA[The emerging technological prospects affected many aspects, including consumer protection. The creation of data and computer-driven innovation would derive several advantages for consumers. Innovative products and services and new ways in which goods and services are developed and delivered. This paper aims to analyse how Indonesian legal policy on protection consumer rights in the digital era. The paper emphasized that it would advise against believing that policy is unreasonably permitted to give way to the technological agenda, whilst accepting that adaptations should be made and also that there should be a critical review of whether existing forms of regulation are needed in the digital economy of Indonesia. Regulations concerning to the protecting consumer rights in the world of e-commerce are still worrying even though many sectoral regulations have been promulgated, as well as weak supervision and lack of strict law enforcement in resolving consumer disputes. Trade regulation via the internet still raises many conceptual or theoretical questions that indicate the need to develop more detailed conceptual and theoretical explanations to the need for more complex laws and regulations to be able to protect consumers properly. More than that, national regulations are dealing with the context of trade through the internet, which transcends national boundaries without always being controlled through conventional means.]]>
<![CDATA[Positivization of Sharia Regional Regulations in North Sumatra ]]>
<![CDATA[Irwansyah Irwansyah]]>;
<![CDATA[Faisar Ananda]]>;
<![CDATA[Zulham Zulham]]>
<![CDATA[ Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i0.10432
<![CDATA[The inability of the law to be an accommodating and acceptable rule makes for disharmony over diversity in Indonesia. Various sharia-nuanced regional regulations continue to emerge in various regional lines in Indonesia. However, it is necessary to conduct legal analysis related to its existence in the constitutional legal system in Indonesia. The research method used is normative juridical. The results showed that in a democratic country positivization of Islamic law both in absolute (law) and relatif (local regulations) does not violate in the constitutional legal system that also guarantees the fulfillment of human rights to its citizens. In addition, the lack of political will from the regional government of North Sumatra to support sharia-nuanced regional regulations proposed by districts / cities that are less responded to by the government at the provincial level that hinders the process of positivization of sharia-nuanced regional regulations in North Sumatra]]>
<![CDATA[Criminology Analysis of Women's as Perpetrators of Domestic Violence Crimes ]]>
<![CDATA[Dian Ekawaty Ismail]]>;
<![CDATA[Mohamad Taufiq Zulfikar Sarson]]>
<![CDATA[ Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i0.10984
<![CDATA[This study aims to find out the analysis of women's criminology as perpetrators of domestic violence crimes. This research is a combination of Normative law research with prescriptive analysis techniques. As for approach is the approach of legislation (statute approach) and case approach. The results showed that factors that affect the number of acts of violence against husbands in the household, namely, economic factors, communication factors, factors of low understanding of religion in the household, factors of parents, husbands often consume alcohol, the presence of a third person in the household as well as psychological factors. Efforts made by law enforcement officials to tackle domestic violence crimes committed by women in Gorontalo city, namely, preventive countermeasures, curative countermeasures, and repressive efforts carried out at the crime time. In making this effort, the police must take action in case of domestic violence cases.]]>
<![CDATA[Guarantee Of Worker Rights During The Covid 19 Pandemic ]]>
<![CDATA[Rosalia Dika Agustanti]]>;
<![CDATA[Yuliana Yuli Wahyuningsih]]>;
<![CDATA[Satino -]]>
<![CDATA[ Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i0.7914
<![CDATA[This research discusses the rights of workers / laborers during the COVID-19 pandemic and what if the employers do not meet these rights. Problem which is more in-depth about the employment that emerged during this pandemic, namely the occurrence of massive layoffs. The research was conducted using the Normative Juridical method. By applying the Statute Approach, Conceptual Approach, and Case Approach, the results show that employers have not been able to fulfill workers / labor rights during the COVID-19 pandemic. There are companies that have not implemented the clean lifestyle and occupational health standards K3 protection such as masks, hand sanitizer and personal protective equipment. Prevention and handling policies are still not optimal, the principle of maintaining social distancing has not been implemented optimally, there are still many workers who are jostling for work when they come to work, not to mention during the trip to work in public transportation. This situation makes them vulnerable to infection. However, they still have to go to work because of the risk of losing their income. Efforts that can be made if wages are not paid are to take the route or methods as regulated in Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The basis of a dispute between a worker/ laborer and an entrepreneur is a dispute over rights.]]>
<![CDATA[Dynamics of Village Head Election Arrangements ]]>
<![CDATA[Fence M Wantu]]>;
<![CDATA[Abdul Hamid Tome]]>
<![CDATA[ Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i0.8783
<![CDATA[This study aims to analyze the arrangement of village head elections from the beginning of independence until now. The method used in this study is the normative legal research method regarding primary and secondary legal materials. The legal materials obtained are then analyzed descriptively. The results showed that the arrangement of the selection of village heads has its dynamics in line with the development of the politics of the law of the state that occurs. The existing legal, political conditions influence determining the conditions for the candidates of village heads. Although it has been regulated for a long time, it turns out that all existing laws and regulations have not made arrangements related to the provisions of the supervisory mechanism and the mechanism of resolving disputes for the selection of village heads. Regulation of the Minister of Home Affairs on the Selection of Village Heads attaches supervisory duties to the regional election committee. However, it does not make arrangements for how the surveillance process should be conducted.On the one hand, in the regulation, it is expressly mentioned the existence of supervisors in the implementation of village head elections. Nevertheless, it did not specify who the superintendent was. Similarly, the settlement of disputes for the selection of village heads is left entirely to the Regent /Mayor to do so. Granting authority to the head of the region can undermine the democratic process built by the village through the selection of village heads.]]>
<![CDATA[Legality Aspect Of Conducting Documents Only Arbitration In Indonesia ]]>
<![CDATA[Garuda Wiko]]>;
<![CDATA[Fatma Muthia Kinanti]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.9914
<![CDATA[Documents-Only Arbitration (DOA) is a type of arbitration that is carried out entirely by written documents-only. DOA is beneficial when the burden and substance of the dispute are relatively simple and when there are obstacles to conduct a face-to-face proceeding (instance in the Covid-19 Pandemic or limitation of cost). This study examined the DOA trial method and how it is based on Law No. 30 Year1999 concerning Arbitration and Alternative Dispute Resolution as the lex arbitri in Indonesia. Regulations, Rules, and Procedures from arbitration institutions, both national and international are also studied to better understand the problem. This study aimed to explain the legality of arbitration based on Documents-Only Arbitration in Indonesia. This study concluded that the conduct of DOA is very possible to be implemented in Indonesia and does not conflict with Law No. 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution (Arbitration Law).]]>
