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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 Regulation of Electric Bikes in Gorontalo City in a Progressive Legal Perspective Puluhulawa, Mohamad Rusdiyanto U.; Puluhulawa, Jufryanto; Swarianata, Vifi; Biya, Fitriana Nur
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The use of electric bicycles is currently becoming a primadonna among the community. The combination of transportation and technology makes it a creative and revolutionary innovation. High public interest and also based on the thought of the movement to save the Earth from carbon emissions has increasingly popularized the use of electric bicycles. The purpose of this study was to determine and analyze the urgency of regulating electric bicycles in Gorontalo City in a progressive legal perspective. The research method used is statute approach and conceptual approach. Electric bicycles have begun to be traded in the Gorontalo Province. Of course, this indicates that Gorontalo Province has good market potential. Nationally, the rules for the use of electric bicycles have indeed been accommodated in the Minister of Transportation Regulation, but their embodiment in regional regulations is still needed considering that Gorontalo Province in general and Gorontalo City in particular certainly have special conditions. which must also be accommodated in a regulation because the facilities and infrastructure as well as local wisdom that live in the community are certainly not at the same level nationally. It is appropriate that the use of electric bicycles as a means of transportation is made a legal umbrella in the regions. Law through the lens of progressiveness must move faster than society itself considering that law is rigid while society is dynamic

Chemical Castration Sanctions in an Ethical Perspective Yovita Arie Mangesti; Slamet Suhartono
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Chemical castration sanctions are additional sanctions imposed on perpetrators of sexual violence against children. This sanction was imposed as an implementation of the child protection law. This additional sanction is threatened with the consideration that every act of sexual violence leaves a psychological trauma for the child that affects the child's growth and development in his life. However, this is a paradox with the aim of restorative justice theory as a new vision in criminal law enforcement. With a statutory, conceptual, and scholastic approach to the Implementing Regulations of Chemical Castration with ethical perspective parameters, the imposition of additional sanctions is unethical and in harmony with restorative justice that prioritizes human values for perpetrators, victims, and executor of chemical castration. The imposition of sanctions should pay attention to the principle of respect for human values as a whole person (respect for person) and the principle of access to justice (justice for all).

Analysis of the International Court of Justice’s Jurisdiction in the Airspace Violation Cases Yordan Gunawan; Amarta Yasyhini Ilka Haque; Nazella Jeanny Andrian; Moli Aya Mina Rahma
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

This writing examines the International Court of Justice's authority over cases of airspace breaches. Airspace is the space above the land area and waters of a country. Air space is one of the most critical parts of a region in realizing the welfare of a country. ICJ, as the Supreme Court of the United Nations, is capable of resolving conflicts between countries and disputes involving United Nations member states. As a result, this writing aims to analyse further the authority of the International Court of Justice regarding airspace violations. The research was normative and qualitative. The result showed that, in theory, ICJ had clear jurisdiction in resolving violation of airspace cases, but in practice, only a few cases had been resolved by ICJ. However, most of those cases submitted to ICJ produce no judgment from ICJ since the Court found that it lacks jurisdiction

Outline of the Consumer Dispute Resolution Agency as a Means of Legal Protection: Is it Optimal? Lasatu, Asri; Jubair, Jubair; Insarullah, Insarullah; Mardin, Nurhayati; Korompot, Ratu Ratna
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Consumer protection is an effort to guarantee legal certainty to protect consumer rights. Consumer protection is a government responsibility delegated to the Consumer Dispute Settlement Body. This responsibility is carried out through preventive and repressive efforts. The problem in this research is what is the role of Consumer Dispute Settlement Body in implementing consumer law protection in Central Sulawesi Province. Type of normative-empirical research with a mixed method approach. The analysis was carried out qualitatively-quantitatively, and the results are descriptive-analytic. The research results show that Consumer Dispute Settlement Body's role in consumer legal protection is not maximized because it is influenced by structural, substance, and societal, cultural factors.

The Problem of Fulfilling Voter Rights in Village Head Elections Is Based On E-Voting Erman I. Rahim; Nuvazria Achir
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

The purpose of this writing is to discuss the paradigm of the electoral process which is now showing a new face, through technological sophistication, which in foreign terms is called E-Voting (Electronic Voting), and legitimized through Indonesian national laws and regulations. This model is used during the implementation of voting and counting through an electronic device and has begun to be used in several countries, including Brazil, India, Switzerland, and the United States (US), including the Boalemo District Government, which is the umpteenth time using this system in Simultaneous Village head elections implementation in the region. The writing method used is empirical, seeing how a rule works in society. The data obtained is systematically arranged and then processed using descriptive analytical techniques. The study results show that the Village Head Election through the E-Voting system has been carried out for the fourth time by the regional government of Boalemo with an electronic device intermediary based on its legal umbrella, namely Regulation of the Regent of Boalemo Regency Number 48 of 2015 concerning Procedures for Election, Appointment and Inauguration of Village Heads. In practice, there are problems related to the fulfillment of voter rights in the E-Voting Based Village head elections, which are influenced by several things, namely; Location, Time, and Distance of polling stations, Not Accommodating Voters Under Certain Circumstances, Convoluted Voting Systems, and Procedures, Lack of Availability of Human Resources and Infrastructure.

Cash Waqf Linked Sukuk Through Securities Crowdfunding in Indonesia Imtiyaz Wizni Aufa; Anugrah Muhtarom Pratama; Umi Khaerah Pati
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

Islamic charitable innovations have evolved to give rise to the integration between Sukuk and cash waqf called Cash Waqf Linked Sukuk (CWLS). The integration of these two things is promising when combined, considering that Sukuk has long been named a commercial sharia instrument that aims to raise funds, while cash waqf as a sharia social instrument has played a philanthropic role. As for Indonesia, The cash waqf combined with Sukuk has become a new fiscal instrument because it has advantages in addition to contributing to development, furthermore, the returns obtained are reused into waqf money for socio-economic projects and funds invested be returned at maturity. As a legal research, this article uses qualitative analysis with statutory approaches and conceptual approaches. This article intends to introduce a new conceptual framework model innovation between CWLS and fintech types of Islamic securities crowdfunding. This innovation is for no reason considering that the use of fintech types of Islamic securities crowdfunding makes CWLS more popular and more flexible so that the funds raised are expected to be larger and can reach the broader community for the construction of more massive socio-economic projects. Furthermore, this article provides an overview of the proposed innovations in achieving the goals of maqasid al-shariah, regulations, and opportunities and challenges to be implemented in Indonesia.

Shifting the Paradigm of the Indonesian Judicial System from The Influence of the Anglo-Saxon Judicial System Fence M Wantu
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

The litigation process in court will run well if all the elements are carried out following their duties and functions. In addition, what is very important is the judicial system that applies. The objectives of this research are 1). To find out and analyze the paradigm of how judges think in the Indonesian justice system, which adheres to the Continental European justice system. 2). To find out and analyze the development of the Indonesian justice system, especially how judges think, which is currently influenced by the Anglo-Saxon system. This research method is normative, namely legal research that aims to find rules or norms. This research is also called library research. Results of discussion 1). that the paradigm of the way of thinking of judges in the Indonesian justice system, which adheres to the Continental European justice system, is more inclined to use statutory regulations as the basis for deciding cases. The principle adopted is the persuasive force precedent. 2). The development of the Indonesian justice system, especially the way of thinking of judges, is currently experiencing a shift, namely that it is no longer pure with the Continental European justice system but is starting to introduce what is the practice in the Anglo-Saxon justice system, for example, the practice of class action lawsuits which have been regulated in environmental laws.

Manifestations of Gender Injustice in Divorced Marriages: The Kabalutan Tradition Susi Susilawati; Baliana Amir; Muhammad Ikbal; Rafika Nur; Sitti Fatimah Maddusila
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

This research entitled "Manifestations of Gender Injustice in the Tradition of Divorced Marriage in Kabalutan" is motivated by mass media information which states that in that village, there are many widows of various ages. From young to old age. It was also stated that in this village, it was easy to marry and divorce. Therefore, it is crucial to analyze this tradition from a gender perspective. So that it can be known which parties are harmed by this tradition, to be given socialization of what laws are needed there. The method is an empirical research method with primary data sources from traditional leaders and community leaders in the village. The stages are from surveys, observations, and conducting interviews, as well as collecting data for analysis and giving conclusions. The results of his research are that the term "widows' village" is a term that appeared during the population census in the 90s. At that time, there were many widows in Kabalutan Village for various reasons. But now, not anymore. Thus, the conclusion is that the stereotype of "Kampung Widow" towards Kabalutan Village, Talatako District, Tojo Una Una Regency is a manifestation of gender injustice. The people in the village are not comfortable with this labelling. In addition, it is not proven by the many widows there; it is also not the name of their village. Therefore, they asked to give only Kabalutan Village.

Implications of Mixed Marriage in the Perspective of Gorontalo Customary Law and Its Reality based on International Private Law Principles Mutia Cherawaty Thalib
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

This paper aims to describe the application of local wisdom values as part of the implementation of the Gorontalo Marriage Customary Law to mixed marriages performed by Indonesian citizens of Gorontalo ethnicity and foreign nationals and to analyze the consequences of mixed marriages according to Gorontalo customary marriage law. The method of data collection was carried out through the stages of inventorying secondary data, tracking primary data through interviews, in-depth focus group discussion, and then analysis qualitatively. This paper uses descriptive analytic methods. The discussion demonstrates that mixed marriage is a family law event that has occurred from time immemorial. It's just that people's understanding of the order of family life is getting wider. This is due to the fact that cross-country personal relations are getting better, which has implications for the family law order from the perspective of local wisdom, especially in regions where the family system is open to other legal systems, including Gorontalo's customary marriage law. Mixed marriages, in the view of the local wisdom of the Gorontalo people, can be carried out through the Gorontalo traditional wedding procession in full if the husband and/or wife submit to the Islamic religion. This is legally obligatory because of the philosophy of Gorontalo customs: "Adati Hula-Hulaa To Syara, Syara Hula-Hulaa To Qurani" (Adat is based on Syara, Syara is based on the Al-Quran), so that every wedding procession that chooses to use Gorontalo's customs contains advice and prayers (for God's sake), which have the value of guidance as stipulated in the Al-Quran. As for the consequences of mixed marriages on Gorontalo's customary law, where one of the bride and groom is a foreigner but not Muslim, they cannot be married according to Gorontalo's customary law; the process is based on Al-Quran values.

Criminal Policy on Destructive Fishing Activities in Serutbar, Indonesia Lewerissa, Yanti Amelia; Hehanussa, Deassy Antoneta; Adam, Sherly
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Fishing communities around the North Seram and North West Seran (Serutbar) Marine Protected Areas often carry out destructive fishing activities. This study aimed to examine and analyze criminal policies for destructive fishing activities in the Serutbar Marine Conservation Area. The research method used is normative legal research supplemented by a socio-legal approach. The approach used in this study is a statutory approach and a conceptual approach. The data collection technique is a literature study complemented by field data obtained through observation and in-depth stakeholder interviews. Furthermore, the data were analyzed qualitatively. Based on the research results, Gale-Gale Village and Sawai Village's fishing communities around the Serutbar Waters Conservation Area often carry out destructive fishing activities. The factors that cause them to carry out destructive fishing are economic needs; very simple fishing gear; the provision of assistance needs to be put on target; Pokmaswas being less empowered; and a lack of inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches.

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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

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Contact Name
Novendri M. Nggilu

Contact Email
novendrilawreview@ung.ac.id

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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

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Kota gorontalo,

Gorontalo

INDONESIA