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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 137 Documents

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The Urgency of Regulating Tax Law for Vehicles After Natural Disasters in Indonesia Asriyani, Asriyani; Syamsuddin, Adiesty Septhiany Prihatiningsih; Rory, Soleman S
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

The occurrence of a natural disaster on 28 September 2018 in the province of Central Sulawesi Indonesia caused vehicle tax arrears to be incurred by people who were victims of natural disasters. This research is socio-legal research with a statutory and comparative approach to find out the legal arrangements related to tax collection after natural disasters and to compare it with the practices in New South Wales, Australia. This study concluded that there is no specific regulation that differentiates the mechanism of tax collection during normal times and the period after a natural disaster in Indonesia. Local governments are given the authority to regulate it based on the scale of the disaster and the affected areas/people in which people lose their homes and livelihoods so they cannot fulfill their obligations to pay for vehicle tax. This resulted in the arrears of tax collection carried out by the fiscus and become an obstacle for local governments to collect taxes as a source of financing rebuilding infrastructure after a natural disaster. As a comparison, an integrated tax reduction system was applied for disaster victims in New South Wales, including for the vehicle tax. The whole process was done online. Indonesia needs to build such a system to anticipate the bad impact of tax collection that can make disaster victims suffer psychologically.

Local Wisdom of Customary Law Community to Realize Food Sovereignty in Central Sulawesi Miqat, Nurul; Nur, Rafika; Fattah, Virgayani; Sulilawati, Susi; Purnamasari, Intan
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

Indigenous peoples have the right to food sovereignty, the right of indigenous peoples to meet food needs following local wisdom owned by indigenous peoples following their potential resources and culture, produced independently with their systems. Food production systems follow the conditions of traditional territories, traditional values / norms and knowledge of indigenous peoples, agricultural systems, trade, fisheries, and other production systems in traditional territories. Central Sulawesi, as one of the provinces that still has several areas, which are indigenous community areas, has local wisdom in terms of food security. The availability of food based on the independence of an area cannot be separated from the efforts of the community to maintain regional food security in a way that has become the standard of behavior of the surrounding community in managing the environment that can produce quality food, one of which is the standard of community behavior which is reflected in local wisdom. Through local wisdom in managing the environment, it is hoped that it will be a concrete step to strengthen it carrying capacity, especially in the food aspect. Through Law No. 18 of 2012, which seeks to give obligations to the state to respect, fulfill and protect the right to food of the Indonesian people without exception.

Criminal Action Without Proven in Money Laundering in Indonesia Ilato, Fadel; Majid, Abdul; Noerdajasakti, Setiawan
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Money laundering is a follow-up crime, an underlying crime from a predicate crime, so that the existence of money laundering cannot be separated from the original crime. How can money laundering occur without proving the original crime? Therefore, the aim of this study is to analyze the legal implications of predicate offenses without substantiation in money laundering in Indonesia. This research is juridical-normative research, which uses a statutory approach and a case approach. The results of this study indicate that there are legal implications for predicate offenses without proof in money laundering in Indonesia. Starting from breaking through the presumption of innocence and inconsistencies in legal norms in the TPPU Law. So, it is necessary to change the construction of norms contained in article 69 related to proving predicate crimes in TPPU.

Responsibilities of Financial Technology Company Due To Failure to Pay By Loan Recipients Janisriwati, Sylvia
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

One form of business is due to current developments in financial technology (abbreviated as fintech), which means using technology to provide financial solutions. This study aims to see the responsibility of PT. Dana Agung Nusantara as the financial technology (fintech) lending provider due to default by lending recipients in the case of Central Jakarta Commercial Court Decision Number 113/Pdt.Sus-PKPU/2021/PN Jkt.Pst. This research is normative juridical research. In this study, the source of legal materials used consisted of 3 (three) legal materials, namely primary, secondary and tertiary legal materials. The technique of collecting data on legal materials is by using a literature study model using analysis of legal materials, which is used in descriptive qualitative content analysis. The results showed that the responsibility of PT. Dana Agung Nusantara as the financial technology (fintech) lending provider due to default by loan recipients by the case of Central Jakarta Commercial Court Decision Number 113/Pdt.Sus- PKPU/2021/PN Jkt.Pst that according to an OJK spokesperson, the party is responsible if The fintech collapsed is a P2P lending fintech provider. Meanwhile, if the borrower causes a default, it is the responsibility of the lender or investor.

The Existence of the Religious Court in Handling Divorce Cases on the Reason of Domestic Violence Sumanto, Dedi; Samsudin, Titin; Amirudin, Fikri Hi. Asnawi
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

Domestic violence results in any action against a person in the household, which results in physical, sexual, psychological misery or suffering, and or neglect of the household, including threats to commit acts, coercion, or deprivation of liberty unlawfully within the household. The problem that arises is the legal perspective on domestic violence and the existence and role of the Religious Court in handling divorce cases on the grounds of domestic violence. This writing uses a normative juridical research method with a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials, then analyzed and drawn qualitative conclusions. The results of this study are in a review of Law Number 23 of 2004. Whatever its nature is, hitting the wife is one type of domestic violence prohibited by the PKDRT law. However, in essence, the law on domestic violence does not conflict with Islamic teachings because the law is made to protect the benefit of the community, namely protecting every member of the family or household from further acts of violence. The Religious Court has played an active role in applying the law in handling divorce cases on the grounds of domestic violence by applying the provisions of Article 39 paragraph 1 and paragraph 2 and the reasons for divorce in Article 19 of Government Regulation Number 9 of 1975.

Legal Analysis of The Privacy of State-Owned Enterprises Ahmad Fauzi
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

The world's market economic system influences the management behavior of State-Owned Enterprises which has been lulled by the monopolistic system. The market economic system requires the community as the main actor and the state as the facilitator. Competition occurs in companies as well as in State-Owned Enterprises. To increase efficiency and productivity, must make changes to the management system by making structural adjustments which have been known as restructuring. The government formulates the direction of targets and policies for the management and supervision of State-Owned Enterprises Law Number 19 of 2003 concerning State-Owned Enterprises was made to fulfill the vision of future development; create a management and supervision system based on the principles of efficiency and productivity to improve performance and value in managing and confirming the role of government institutions and the position of government representatives as shareholders or capital owners to emphasize and clarify the relationship as an operator or business actor with a government institution as a regulator; to avoid acts of exploitation outside the corporate mechanism; to lay the foundations or principles of good corporate governance (Good Corporate Governance). The aim is to regulate operations, regulate restructuring, and privatization as a tool and method in State-Owned Enterprises.

The Discourse on Legal Utopia for The People with Disabilities in Order to Remove the Educational Segregation Abdussamad, Zamroni
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

The right to education for persons with disabilities is still a contemporary legal issue with legal and social problems. The laws and regulations governing the right to education with disabilities are still segregated for the research objectives, namely the Pattern of analyzing the educational arrangements for persons with disabilities and the ideal arrangements for achieving equality in education for persons with disabilities in Indonesia. This research method is categorized into normative legal research types. It is based on the issues and or themes raised as research topics using a philosophical and analytical research approach that is analyzed descriptively. The study results show that the segregated polarization of education for persons with disabilities is contained in Article 10 of Law Number 8 of 2016 concerning Persons with Disabilities and Articles 5, 15 and 32 of Law Number 20 of 2003 concerning the National Education System. The arrangement divides persons with disabilities into particular groups that have an impact on a homogeneous social environment. Therefore, the ideal design is educational equality, as in the United States, where people with disabilities attend regular schools. Besides that, it is necessary to have equal education for people with disabilities in the laws and regulations in Indonesia.

Implementation of The Plantation Production Sharing Agreement in The Unwritten Agreement Form Teng Berlianty; Yosia Hetharie; Ronald Saija
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

This study aims to identify and analyze the implementation of the plantation production sharing agreement in Nalahia Village, Central Maluku. This research is a sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in Nalahia Village, Nusalaut District, Central Maluku, with the sample being the people of Nalahia Village who had implemented a plantation production sharing agreement. This type of research data is primary data and secondary data obtained through literature study and interviews. Based on the results of the research, the agreement for plantation production in Nalahia Village, Maluku is carried out according to the habits of the Nalahia people since the time of the ancestors in an unwritten form between the plantation owner and the sharecropper based on mutual trust that is attached and is still maintained to this day. The owners of the plantations are the indigenous people of Nalahia Village, while the sharecroppers are mostly not indigenous people but live and settle in Nalahia. This plantation production sharing agreement was agreed with the percentage of the distribution of the plantation products was 50: 50. although at this time, the percentage of the distribution could be different according to the agreement of both parties. The implementation of this plantation production sharing agreement will end with the completion of the smallholders harvesting the plantation products belonging to the hamlet owners.

The Urgency of Regulation of the Ultra Qui Judicat Principle in Criminal Judgments Imran, Suwitno Yutye
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

There is a provision for the judge not to impose a sentence on the defendant if the act is not described carefully, clearly, and ultimately in the public prosecutor's indictment. However, in practice in the court, some judges deviate from the articles charged by the Public Prosecutor. Therefore, this article will analyze the urgency of regulating the ultra qui judicat principle in criminal case decisions. The analysis will be carried out using a normative legal research method using a case approach and data sources from laws and regulations, judges' decisions. The analysis results show that the concrete regulation of the ultra qui judicat principle in the form of legal norms in the Judicial Power Act will benefit judges in deciding cases. The Public Prosecutor's inaccuracy in preparing the indictment, especially the placement of the articles indicted, will be very detrimental to law enforcement and injure the judge's justice in deciding the case. On the other hand, if this principle is not regulated concretely in legal norms, it will open up space for many dissenting opinions on the judge's decision.

The Principles Of Good Governance In Health Services Marif, Marif; Nurhaedah, Nurhaedah; Bakhtiar, Handar Subhandi
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

This study provides an overview of the principles of good governance in health services in Indonesia. This needs to be known considering that health services are a constitutional right for citizens and their services must be carried out as well as possible. Providing health services is a state obligation and getting good and guaranteed health services are the right of citizens. This research is normative-legal research using statute, comparative and conceptual approaches. The results show the principles of good governance in health services that are reflected in the principles of participation, the principles of openness and transparency, the principles of effectiveness and efficiency, and the principles of accountability. Providing health services and covering all health insurance costs for the poor and underprivileged will automatically unconditionally be the responsibility of the government following the mandate of the constitution.

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Home Page

OAI Link

Editorial Team

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Reviewer

Google Scholar

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

Abstract

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Abstract

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