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Jambe Law Journal
Published by Universitas Jambi
ISSN : 25987925     EISSN : 2598795X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jambe Law Journal is a peer-reviewed journal published by the Faculty of Law Jambi University twice a year in May and November. It aims primarily to facilitate professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system, as well as a forum of intensive legal studies in Indonesia. Jambe Law Journal welcomes academics, scholars, university students, and others interested people to contribute the result of their studies and researches in the areas related to law, primarily Indonesian law.
Arjuna Subject : -
Articles 45 Documents
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Rethinking The Role of Indigenous Law Community in Managing Indigenous Forest in Jambi Province Taufik Yahya; Fauzi Syam
Jambe Law Journal Vol 1 No 1 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (182.256 KB) | DOI: 10.22437/jlj.1.1.35-54

Abstract

This paper examines the synchronization of legal regulations in forestry, green farming, and mining sectors along with their implementation regulations. The certainties of the existence of customary law community in Legal Acts No. 41 year 1999 concerning Forestry does not give certainties for customary law community in managing forest in Indonesia. Meanwhile, Legal Acts No. 6 year 2014 about Village stresses out that there is a specific acknowledgement about local customary village as a part of Customary Law Community. In the Legal Acts about Village, the establishment of Customary Law Community is strongly stated in provincial government regulations. This paradox has brought a bad consequence to customary forest that is managed by customary law communities in Jambi province.
Public Participation in Decision–Making Towards Accountable and Transparent Governance in Vietnam Huong Thi Lan Phan
Jambe Law Journal Vol 4 No 2 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.2.111-130

Abstract

Public participation is one of the key elements in ensuring democratic values in any country. People have the right to participate in the decision-making process and express their ideas and needs. While Vietnam has developed a legal framework for legislation that stipulates the obligation of drafting committees to open draft laws for public comment (Law on Promulgation of Normative Legal Documents 2015, amended 2020). However, Vietnamese citizens and legal entities still cannot participate in the drafting of laws and policies because many obstacles exist: (1) the law does not clearly define the authorities’ obligations to respond to people's comments/feedback; (2) there is a lack of an effective mechanism to ensure that individuals and organizations can participate in the decision-making process, especially in the pandemic situation - Covid 19; (3) there is a lack of an effective mechanism for policy impact assessment. Thus, the question is how to promote public participation in the decision-making process to ensure that policy meets the interests of the public and the needs of the people. This paper aims to assess the current situation of public participation in decision-making and propose solutions to develop active and meaningful participation of people in formulating problems, planning, implementing, and tracking the implementation of policies towards accountable and transparent governance in Vietnam.
Collaborative Governance in Building Utilization Cultural Heritage in Metro City Through the Lens of a Socio-Legal Regime Denny Sanjaya; Bambang Suhada; Bernard Sipahutar; Andrie W Setiawan
Jambe Law Journal Vol 4 No 2 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.2.191-210

Abstract

The paradigm of the utilization of cultural heritage is aimed at the welfare of the community. Metro City of Lampung has buildings for cultural heritage from colonization era which are in need with optimum participation of various stakeholders to keep the cultural heritage existence to improve the welfare of the people. The artcle analysis the implementation of collaborative governance in the utilization of cultural heritage buildings in Metro City and ways to encourage strengthening collaboration within the framework of regional regulations in the utilization. Uses a socio-legal approach, it adresses the implementation of collaborative governance offered by Ansel and Gash (2007) with regards to conditions, institutional design, leadership, and collaborative process. Despite a local research in origin, the topic addressed in this article may have wider impact to national level in Indonesia. It is demonstrated that the use of collaborative governance through the concept of gotong-royong (mutual help) has proven to have an impact on the growth of various initiatives and public participation in the development of cultural heritage in Metro City. In addition, to strengthen collaborative governance, the presence of regional regulations related to The Preservation of Cultural Heritage is expected for the process of collaboration among stakeholders.
The Authority of the Local Government in Forest Management and its Implication toward Local Autonomy in Riau Province Gusliana HB
Jambe Law Journal Vol 1 No 2 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (829.301 KB) | DOI: 10.22437/jlj.1.2.251-267

Abstract

The authority of local government in forest management in the Province of Riau has not been running as yet so far, because there is deviation in it, that caused by functionaries as well as individual community around of the forest area. Forest management by the regency government is still far from the principles of well government management, transparency, participation, accountability, and professional. The obstacles for local government to do forest management authority in the Province of Riau such as, firstly, law and regulations. Secondly, permit and supervision instruments. Thirdly, law enforcement officers. Fourthly, community. While the system of local government authority farther in forest management can be done through first, the system of forest management through Unity of Forest Management (KHP) concept. Second, the system of community participation by involving the local community more broadly in planning, maintenance, management, decision making, implementation, and supervision. In order to give comprehension for local community that importance of everlasting and sustainable forest management program for future generation by increasing counseling and socialization. The implication of forest management towards local autonomy shows a dynamic transformation, authority friction in forest management that was decentralization became centralization.
Arrangement of Submarine Cables and Pipelines as Part of Marine Spatial Planning in Indonesia Rizka Iswara; Arie Afriansyah
Jambe Law Journal Vol 5 No 1 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.1.1-38

Abstract

As a country with many islands, Indonesia is also surrounded by an ocean that is two-thirds wider than the territory of its own country. So Indonesia must be able to manage and organize the sea regularly to be used for the welfare of the people. Marine spatial planning is not only done to organize what is above the sea but also to organize what is under the sea. One of the activities used under the sea is laying submarine cables and pipelines used for various sectors. There are many irregularities in laying submarine cables and pipelines in the Indonesian sea conditions. It can lead to fatal accidents at sea and damage the facilities needed by the community, so a comprehensive and integrated arrangement is required. In addition to preventing maritime accidents, marine spatial planning can also serve as a reference and guide for all parties using the ocean to prevent conflicts between users. Marine spatial planning is also the primary foundation to support and realize Indonesia's ideals as the Global Maritime Fulcrum. This study examines several existing regulations related to the arrangement of submarine pipelines/cables in Indonesia. It finds several problems where some aspects have not been regulated in the regulation. This research provides recommendations on these problems by looking at the needs of stakeholders for the implementation of an orderly Indonesian marine layout.
Reviewing Regulations on Rights of Persons with Disabilities in Vietnam to Advance the Implementation of the Convention on the Rights of People with Disabilities Le Dinh Nghi
Jambe Law Journal Vol 5 No 1 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.1.39-65

Abstract

Viet Nam signed the International Convention on the Rights of Persons with Disabilities in 2007 and ratified it in 2014, recognizing all of the rights of PWDs included in the Convention without reservation. In addition, as a result of member states’ commitment, policies and legislation related to PWDs have been adjusted in order to adapt to socioeconomic developments in order to guarantee that PWDs can completely participate fully in society. However, there are relevant legal gaps between the 2010 Law on Persons with Disabilities and the International Convention on the Rights of Persons with Disabilities, particularly, in terms of obstacles, problems, and challenges in implementing rights to education, health care, and vocational training. Through analyzing the barriers, challenges, and legal gaps compared to the International Convention on the Rights of Persons with Disabilities, the article proposes some recommendations to ensure that Viet Nam fully implements its commitments under the Convention.
Natural Resources Law in Australia: Principles and Practices Danial Kelly
Jambe Law Journal Vol 1 No 2 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (192.474 KB) | DOI: 10.22437/jlj.1.2.155-176

Abstract

What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.
Problems of Law Enforcement and Ideas of Paradigm Prophetic in Indonesia Despan Heryansyah; Muhammad Hidayatullah
Jambe Law Journal Vol 1 No 1 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (191.768 KB) | DOI: 10.22437/jlj.1.1.91-114

Abstract

Law enforcement portraits in Indonesia have not provided encouraging results. The reforms of 1998 in all aspects of the state including law have not always proceeded as planned. The fact that law continues to be legalistic-positivist is a major problem of law enforcement in Indonesia that never succeeded. Therefore, the reconstruction of such thinking model must first be done. As the law is not an independent entity separate from its association with other entities, however, the law is part of the life of society that can not be released away from social entities, politics and so on. The idea of ​​prophetic law is the right solution for the improvement of the Indonesian legal system. The prophetic paradigm is a set of theories that not only describe and transform social phenomena, nor simply change a thing for change, but more than that, it is expected to lead to change on the basis of ethical and prophetic ideals. Where in the basis of the conception of humanization, liberation, and transdensi as stated in the letter of Ali Imron: 110. The prophetic paradigm differs greatly from the positivist paradigm. The transcendence base, humanization orientation and liberation embedded in law enforcement will encourage its existence to always be total in making legal findings (ijtihad al hukmi) objective to be applied to a case. By making the paradigm of prefetics law as the base of law enforcement value in Indonesia, it is expected that law can really give a sense of justice to society which so far only limited to wishful thinking
The Protection of Women and Children as Victims of Human Trafficking in Jambi Province Hafrida Hafrida; Nelli Herlina; Zulham Adamy
Jambe Law Journal Vol 1 No 2 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (180.796 KB) | DOI: 10.22437/jlj.1.2.207-230

Abstract

The research aims at studying the policy of the Regional Government in protecting the victims of human trafficking, especially females and children. This legal research is based on an empirical study at Regional Police (POLDA), P2TP2A, and Social Services office in Jambi Province. The Law Number 35/2014 on the Amendment of The Law Number 23/2002 on Child Protection provides a greater portion for the Regional Government to take active roles in providing child protection and Presidential Regulation Number 69/2008 about Task Force Prevention and Handling the Criminal Act of Trafficking Victim. Using analysis of descriptive qualitative, it is learned that the handling of the women and children as victims of trafficking remain partially. The responsible institutions have not well-coordinated because a task force as commissioned by Presidential Regulation number 69/2008. The results show that Jambi Province has passed Jambi Province Regional Regulation Number 2/2015 on Prevention and Handling of Human Trafficking towards Females and Children. However, the study also shows that the regulation has not been applied by related parties since Governor’s regulation as implementing regulation is inexistent.
Thailand’s Policy and Law on Atmosphere Management for People’s Welfare: The Fight Against Climate Change Peerapon Jaderojananont
Jambe Law Journal Vol 1 No 2 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (166.461 KB) | DOI: 10.22437/jlj.1.2.135-153

Abstract

It is so true that climate change becomes the common concern of humankind which does not adversely affect any individual country only, but its effects also threaten the global community as a whole. As provided by international framework, climate change should be mitigated with the stabilization of greenhouse gas concentrations in the atmosphere at a safe and appropriate level. Although Thailand is not one of industrialized countries contributed to greenhouse gases emissions, it should take actions to cooperate with those countries to comply with such international framework. This article focuses on exploring and examining Thailand’s policy and law adopted to reduce greenhouse gases emissions in order to prove how Thailand is highly potential to comply and cooperate with the global community. This will reflect the substantial creation of low carbon society in Thailand where Thai people will be finally secured against the dangerous anthropogenic interference with the climate system.

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