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Jambe Law Journal
Published by Universitas Jambi
ISSN : 25987925     EISSN : 2598795X     DOI : -
Core Subject : Social,
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 6 Documents
Search results for , issue "Vol 1 No 1 (2018)" : 6 Documents clear
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.
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
Utilization of Economic Rights in Music and Song Works as A Pillar of Creative Economy Dwi Surya Hartati; Nely Herlina
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 (164.585 KB) | DOI: 10.22437/jlj.1.1.115-133

Abstract

The work of songs and music is one of several types of artistic works that is protected by the Act of Copyright. Copyright is regulated through Act No. 28 of 2014 About Copyright (Undang-Undang Hak Cipta or UUHC). Creators and Copyright holders have an exclusive right in the form of economic rights and moral rights. Economic rights can be acquired through the payment of royalty. According to the Act of Copyright, the National Collective Management Institution (Lembaga Manajemen Kolektif Nasional or LMKN) is the institution appointed to collect royalties from creators and/or holders of related rights. LMKN is a non-profit legal entity which has been given an authority by Copyright holders and/or holders of related rights to manage the economic rights in legally collecting and distributing royalties. In order to acquire their share in the royalty, each of the creators, Copyright holders, or the holders of related rights has to become a member of LMKN, and in return said LMKN got the authority to collect royalties from users of said artistic works. Royalty is a form of payment or rewards given to creators and/or Copyrights holders over the utilization of economic rights or related rights of a creation or a product. In Indonesia, there are a lot of LMKNs, in which the function is to collect royalties, including collecting exclusive rights of the holders of related rights. The resulting performance of Collective Management Institutions (Lembaga Manajemen Kolektif or LMK) has not reached its optimum capability for both creators and holders of related rights. The resulting advice of this paper is for the government to create a strict payment system and a method which can also be accessed digitally by the creators.
Applying Precautionary Principle in Fisheries Management Emmy Latifah; Moch Najib Imanullah
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 (142.054 KB) | DOI: 10.22437/jlj.1.1.13-34

Abstract

The aim of this paper is to examine an applying the precautionary principle in fisheries management. Precautionary principle is a principle where the possibility exist of serious or irreversible harm, lack of scientific certainty should not preclude cautions action by decision-makers to prevent or mitigate such harm. This principle has been accepting in widely international environmental law so that with applying this principle in fisheries management, it could be expected to provide an opportunity to progress towards sustainable fisheries development.
Law Enforcement in Banking Criminal Act Involving Insiders Ridwan Arifin
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 (223.531 KB) | DOI: 10.22437/jlj.1.1.55-90

Abstract

The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.
Foundational Sources and Purposes of Authority in Australian Law Danial Kelly
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 (127.14 KB) | DOI: 10.22437/jlj.1.1.1-12

Abstract

The starting point in understanding Australia’s socio-legal place in an international context is to be familiar with its Western legal tradition. Some of the characteristics of the Western idea of law include the separation of law from other normative systems (such as religion), the centrality or primacy of law as a method of regulating society, and the inherent authority of law. Other major socio-legal features of contemporary Australia include a multicultural population and government by representative democracy. Australian law has sprung out of the English branch of the Western legal tradition, therefore the English heritage of Australian law will first be considered.

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