Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Jambura Law Review

jalrev
Website

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

5 6 7 8 9

Fulfillment of The Constitutional Rights of Abandoned Children Victims of Economic Exploitation Nuvazria Achir
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

The existence of abandoned children who are victims of economic exploitation in Gorontalo City is very concerning, because there are many cases related to violence and unfulfilled guarantees of human rights to children. This study aims to find out how to fulfill the constitutional rights of abandoned children as victims of economic exploitation and its inhibiting factors in the city of Gorontalo. The research method uses a case approach and is analyzed qualitatively, data collection through observation, interviews and documentation. The results showed that the fulfillment of children's rights in Gorontalo city was carried out through assessment efforts, cooperation in regional apparatus organizations (OPD), the implementation of raids and interventions, the provision of protection cars (Molin) and mobile motorcycles (Torling) as well as the use of shelter facilities. Factors Hindering the fulfillment of rights include the Economic Difficulties of Parents, Education to children and families has not been sufficiently helpful, because the reasons for carrying out economic activities on their own desires and the demands of needs.

Reconstruction of Types of Sentencing in the Juvenile Justice System in Indonesia (Discussion Against the Criminal Position of Warning) Nurini Aprilianda; Liza Agnesta Krisna
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

The Juvenile Criminal Justice System is implemented with the principle that detention and imprisonment for children is a last resort. One type of criminal sanction is a warning penalty, namely a light sentence that does not result in restrictions on children's freedom. The light crimes in question can certainly be imposed on light cases as well. However, in reality, warning criminal sanctions are placed as the main type of crime. This type of research is normative, namely reviewing and examining the norms in the JCJS Law. There are contradictory circumstances between the aim of avoiding children from court proceedings and the position of warning criminal sanctions as part of the main type of crime. There are no strict parameters for the terms or types of criminal acts that can be called minor crimes. Referring to the purpose of the JCJS Law, based on the category of crime, considering the conditions for the implementation of diversion, and interpreting the term "criminal" itself, the type of warning punishment is appropriate to be placed as part of the sanction of action. Thus, the principle of detention and imprisonment as a last resort in the juvenile criminal justice system is in line with the formulation of the types of sanctions in the law.

Costumer Explicit Consent Under Indonesian Open Banking Regulations Bajrektarevic, Anis H.; Pati, Umi Khaerah; Towadi, Mellisa; Pratama, Anugrah Muhtarom
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The implementation of GDPR and PSD2 in the EU as well as the PSD2 alignment with GDPR, encourage central banks in various countries including Indonesia to immediately implement an open banking system that also prioritizes privacy data protection. The PDP bill principle of explicit consent must be applied in open banking financial transactions that in Indonesia as stated in the National Standard Open API Payment (SNAP) 2021 (a Technical Standards and Governance Guideline). However, there are some fundamental differences regulated in PSD2 when compared to SNAP which will hinder Indonesia's adequate GDPR. This research is normative research with statutory approach and comparative approach. The results showed that there are some fundamental differences between PSD2 and SNAP, including the parties involved, data portability and the concept of re-consent or re-confirmation which are not regulated in SNAP but regulated in PSD2, for the concept of sensitive data payment, neither SNAP nor PSD2 provide the specific concept, both define it broadly.

Attainment of Gender Equity and Social Justice for Nigerian Women Through the Implementation of CEDAW'S Right to Choose: an Initiative for the Development of Nigeria Olatokun, Ganiat Mobolaji
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The Convention on the Elimination of all forms of Discrimination against Women (CEDAW) is yet to be domesticated and implemented in Nigeria. Hence, its provisions, particularly, Article 16(1) (e) which provided inter alia that, men and women should be given the same right to decide freely and responsibly on the number and spacing of their children, cannot be given effect to. Hence, when it comes to deciding on the number and spacing of children, women in Nigeria are not given any say. This is in contradiction to social justice for women. This equally shows the inequality status of women to men in Nigeria. In order for Nigerian women to enjoy the dividend of gender equality and have access to justice, the attitude of Nigerian men (mostly the uneducated ones, and even some educated ones) of turning their wives into child producing machines must be stopped. Most women in Nigeria are faced with problem of having children yearly in order satisfy their husbands. These women, despite being exposed to health challenges associated with several child births, are usually trapped in a difficult position either to continue production of babies, or to let go their husbands to take another wife. Most women in Nigeria opt for the later. However, it has been viewed by this researcher that if allowed to prosper, the provision of fairness and justice in the distribution of benefits and responsibilities between men and women is well covered by CEDAW's right to choose which is well captured under its Article 16. This is a doctrinal research which utilizes the use of books, journals and internet sources for research. The research concluded that future development based on analysis suggests the full implementation of CEDAW's provision under Article 16.

Same-Sex Marriage as a Human Rights Freedom in Indonesia: The Perspective of Pancasila and the Marriage Law Dedihasriadi, La ode; Hsieh, Ju-Lan; Umar, Wahyudi
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Human rights are basic rights that are inherent in humans, so the state is obliged to protect, respect and defend them. Same-sex marriage is a human right. The purpose of this paper is to find out how the legal perspective in Indonesia regarding the legality of same-sex marriage on the basis of freedom of human rights. This research method is normative based with an analytical approach. The results of this study conclude that same-sex marriage on the basis of freedom of human rights does not have a philosophical legal standing because it is contrary to the values contained in Pancasila as the ground norm in Indonesia. On the other hand, Sociologically, same-sex marriage is not in accordance with the culture and culture of the Indonesian nation where its citizens are citizens who uphold the values of the Almighty God. Substantially, same-sex marriage legislation is also not contained in Law No.1 of 1974 concerning marriage which has been changed to Law No. 16 of 2019 concerning amendments to Law No. 1 of 1974 concerning marriage.

Comparative Law Study: Sentencing of Sexual Violence Perpetrators Who have Deviant Sexual Behavior Mardin, Nurhayati; Purnamasari, Andi Intan; Miqat, Nurul; Kharismawan, Adiguna; Nur, Rafika
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The purpose of this paper is to find the ideal form of punishment for perpetrators of sexual violence who suffer from deviant sexual behavior. The method in this study is a normative legal research type, where activities are carried out by researching and analyzing the forms of sanctions and punishments regulated in positive law, in addition to conducting a comparative study of the provisions in positive law in Indonesia in the perspective of the types of sanctions against perpetrators of sexual violence crimes. who suffer from deviant sexual behavior. The results show that the ideal form of sanctions imposed on perpetrators of sexual violence who suffer from deviant sexual behavior should not only focus on imprisonment, however, it must be accompanied by other treatments or actions to treat the deviations in sexual behavior he suffers as mandated in the Sexual Violence Criminal Act, which is to combine imprisonment and special rehabilitation to cure his sexual behavior deviations. With the imposition of imprisonment alone, it will not be able to treat the main factor that triggers sexual violence crimes committed by perpetrators who suffer from deviant sexual behavior, so that rehabilitation or treatment efforts are important things that must be done so that there is no repeated or recidive crime.

Principle of Maximum Liability of Available Resources (MAR) in Regional Finance in Indonesia Ansar Ansar; Zulkifli Aspan; Abdul Razak
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

One of the major resources in the regions is financial resources which are usually translated into the Regional Revenue and Expenditure Budget (APBD). In its management, it creates uncertainty about the fulfillment of human rights in regional financial management. This is because one of them is the regional financial regulation which causes the budget allocation for the issue of Economic, Social and Cultural Rights to be very inadequate. In this study, the authors used a normative research method by examining several regional regulations on APBD, using two approaches, namely the statutory approach and the conceptual approach. The research locations were selected in 6 regions, namely Bangka Belitung Islands Province, South Kalimantan Province, Malang City, Denpasar City, and Palu City. The author limits it only to economic, social and cultural rights in particular, the right to education, the right to health, the right to food, and the right to housing. Based on the results of the research, the authors propose that the government applies the Principle of Maximum Available Resources (MAR) in the management of regional finances, particularly in the budget for the fulfillment of economic, social and cultural rights.

Juxtaposing The Territorial Integrity and Self-Determination Principles in Nagorno-Karabakh Dispute I Gusti Ayu Khanaya Manohara; I Made Budi Arsika; I Made Sena Darmasetiyawan
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

The separation of the former Soviet Union resulted in non civic divorces; ethnic cleansing, massacres, a territorial dispute which the Nagorno-Karabakh dispute stands as an example of. This conflict has been going on for years and is constantly evolving and regularly flares up resulting in casualties. The differing accusation of Armenia and Azerbaijan regarding the issue of the Nagorno-Karabakh conflict create different dimensions of the parties. Armenia sees the settlement as in the framework of self-determination whereas Azerbaijan pertains to the principle of territorial integrity in which both are the basic principles of international law thus leading to confusion regarding the legal dimensions of the conflict. With the most recent aggression, it is paramount now more than ever to seek the best possible settlement to put an end to the dispute. Until recently, Armenia accepts a deal with Russia to surrender the disputed territory by withdrawing its army. The main objective of this article is to give a general assessment of the disputed principles in this case

Legal Protection of Rohingya Citizens Related to The Conflict in Myanmar Elfirda Ade Putri; Windy Sri Wahyuni; Muhammad Yusrizal Adi Syaputra; Agata Jacqueline Paramesvari; Gede Aditya Pratama
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

There are many crimes against humanity cases that occurred in the world. One of them is happened in Myanmar, which is Rohingya ethnic conflict. Rohingya ethnic conflict is an issue based on discrimination to Rohingya ethnic because there are some differences at ethnic and religion. Ethnic Rohingya is not recognized by Myanmar and not granted a status of citizenship Based on Myanmar Citizenship Law (Burma Citizenship Law 1982). This research was conducted to find out how the legal forms to Rohingya citizens based on international law. This methodology is a normative legal research that uses statutes, case, fact approaches. The research found that the role of UNHCR in handling Rohingya cases has been mandated by the United Nations and in accordance with UNHCR Statute. UNHCR plays an important role in addressing the issue of Rohingya case, at leas as initiator, facilitator, conciliator, and determination. Such roles were taken to resolve the conflict that face by Rohingya ethnic, like provide protection, safety, and facilitate every Rohingyas refugees needs. In addition to the role of UNHCR, some countries such as Indonesia, Thailand and Canada also provided some arrangement in addressing the issue of Rohingya.

Siri'na Pacce: a Form of Fulfilling Women's Rights through the Conduct of Responsible Fisheries Yulia Yulia; Baso Madiong; Mustawa Mustawa; Ruslan Renggong; Zulkifli Zulkifli
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

Conservation of fish resources aims to protect fish species, maintain fish species diversity, protect ecosystems, and utilize fish resources in a sustainable manner. This study aims to analyze the legal protection of women's empowerment in the conservation of fish resources with the siri'na pacce philosophy of the Makasssar tribe. This study uses a qualitative approach, which is elaborated by using legal norms based on the provisions of international law and national law. The results of this study show that women's empowerment in the conservation of fish resources is protected by international and national laws, so that women in Takalar Regency, South Sulawesi, are entitled to legal protection from misbehavior. discriminatory on any basis, to empower instilling children and families' care in conserving fish resources with the Siri'Na Pacce philosophy of not doing Siri' Mappakasiri'siri' which can prevent someone from doing things that are contrary to the law, norms that live in society, and other things that can harm humans and humanity itself, especially in the protection, utilization, and conservation of fish resources.

Page 7 of 14 | Total Record : 137

5 6 7 8 9

Filter by Year

2019 2025

Filter By Issues

All Issue VOLUME 7 NO. 2 JULY 2025 VOLUME 7 NO. 1 JANUARY 2025 VOLUME 6 NO. 2 JULY 2024 VOLUME 6 NO. 1 JANUARY 2024 VOLUME 5 NO. 2 JULY 2023 VOLUME 5 NO. 1 JANUARY 2023 VOLUME 4 NO. 2 JULY 2022 VOLUME 4 NO. 1 JANUARY 2022 VOLUME 3 NO. 2 jULY 2021 VOLUME 3 NO. 1 JANUARY 2021 VOLUME 3 SPECIAL ISSUES APRIL 2021 VOLUME 2 NO. 2 JULY 2020 VOLUME 2 NO. 1 JANUARY 2020 Volume 1 No. 2 July 2019 VOLUME 1 NO. 1 JANUARY 2019 More Issue

Home Page

OAI Link

Editorial Team

Contact

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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