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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.
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Articles 5 Documents
Search results for , issue "Vol 3 No 2 (2020)" : 5 Documents clear
Law Making Treaties: The Implication of International Law towards Indonesia’s Legislations Rudi Natamiharja; Rudy Rudy; Chaidir Ali
Jambe Law Journal Vol 3 No 2 (2020)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.3.2.191-210

Abstract

In relation to promoting global issues in international forums, several sources of international law are formed. These formed laws are in the figure of law-making treaties, which are closely related to international regimes that influence the behavior of international actors. However, in developing countries, such as Indonesia, International law is considered the outermost layer of the legal order under national law, colonial law, religious law, and customary law. Thus, it is a challenge for international laws to be enforced in a broad society. Therefore to make international law hold an implementative power, the laws need to be adopted in the national law. This article aims to examine the implication of international laws, especially in international treaties towards Indonesia legislation. It is carried out by mapping a series of international treaties ratified and enacted through national laws in Indonesia. The results of this study demonstrates that until 2019 the Indonesian Government has bound itself in 302 agreements. From the 302 treaties, only 61 international treaties were Law-Making Treaty, and only UNCLOS 1982 has implicated by the Indonesian Government through Law No. 32 of 2014 concerning Maritime Law.
Parliamentary Threshold In Integrative Legal Perspective: Indonesian Case Sholahuddin Al-Fatih
Jambe Law Journal Vol 3 No 2 (2020)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.3.2.104-117

Abstract

The article aims at discussing the application of parliamentary threshold legal norms in an integrative legal perspective. Through historical, conceptual and statutory approaches, this study tries to examine holistically and prescriptively the dynamics of applying parliamentary thresholds in legislative elections. This article makes the thinking of leaders on integrative law a benchmark and an analytical knife. The results of this study demostrates that the application of parliamentary thresholds in elections based on an integrative legal perspective is not appropriate because it has not been able to guarantee the fulfillment of a sense of justice for all Indonesians because integrative law views a legal event as a comprehensive state of pros and cons. This research is expected to help academics and legal practitioners, especially with regard to election law to be able to dig out deeper into integrative law, not only from one or two experts, but from several other experts.
Preventing Illegal Logging With Local Wisdom? The Guguk Forest, Merangin Jambi, Indonesia Robi’atul Adawiyah; Dian Mukhlisa; Akhdiat Nanda Miharja
Jambe Law Journal Vol 3 No 2 (2020)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.3.2.119-140

Abstract

This article explores the local wisdom of Guguk Village people in Merangin Regency in defending their Indigenous forests from illegal logging, committed individuals or multinational companies holding permits of Forest Concession Rights from the Government. This study aims to look at the role of the Guguk village community and their local wisdom in resolving illegal logging case in the Guguk Forest. Originally an empirical legal research, this study applied a qualitative approach in analyzing data from observation, interviews and documentation from the research. It is demonstrated that the Guguk Village community strongly hold a tradition in maintaining their traditional forest. The heads of tribes called "ninik mamak", religious leaders and community members were always involved in the efforts of preserving the Guguk forests. In addition, the administrator of the Guguk customary forest still uses a traditional process in settling illegal logging cases. The perpetrators of illegal logging will be subject to customary sanctions, where he must provide buffalo or goats as a punishment for their mistake as long as the forest exploitation is concerned. Some money has to be paid to support the village development. This method is proved to be effective in eradicating illegal logging in the Guguk forest.
Trademark Ownership by the Local Government of the Special Region of Yogyakarta: A Model for Municipal Ownership of Intellectual Property Rights Budi Agus Riswandi
Jambe Law Journal Vol 3 No 2 (2020)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.3.2.165-189

Abstract

This article aims at elaborating the trademark ownership by the local government in Yogyakarta. As an effort to leverage the region’s historical status in order to add value to products made in this region, the Special Region of Yogyakarta (the “DIY” or the “DIY Government”) has registered its trademarks like “Jogjamark” and “100% Jogja.” However, there remains a question as to wether the DIY Government have the same rights and obligations concerning intellectual property as private entities, as longa a municipal government is concerned. Generally, a public legal entity is subject to the same laws, with both rights and obligations, as any other legal entity. In this context, the local government of the DIY’s registration of these marks clearly confirms that the Local Government of the DIY is the trademark owner of those trademarks. This registration requires the question as to whether this government entity can legally own registered trademarks or not. In addition, even if the registration is legal, to what extent can the local government use and protect its intellectual property? This paper will address these two issues through an empirical research study, and determines that as a legal entity, the local government can and should own trademarks for the benefit of its population.
The Protection of Medical Officers in the Armed Conficts; Case Study of Indonesia Mahfud Abdullah
Jambe Law Journal Vol 3 No 2 (2020)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.3.2.141-164

Abstract

International Humanitarian Law (HHI) has regulated provisions regarding the protection of medical personnel in a conflict, whether an international, non-international armed conflict or an internationalized armed conflict. These categories of various types of armed conflict are also part of the legality of the emergence of humanitarian intervention by medical personnel in an armed conflict. A form of medical care for parties who are either directly or indirectly involved in an armed conflict. In the Indonesian context, the provisions regulating separately the protection of medical personnel in armed conflict have not been regulated separately. However, considering that Indonesia has ratified the 1949 Geneva Convention, the convention can be considered as the official Indonesian national regulation on the protection of medical personnel in armed conflict. In this article, it is demonstrated that there were still many violations, especially against the purpose of war, which made medical officers and medical buildings in an armed conflict a military target, such as in the Syrian conflict, as well as domestic Indonesia such as Aceh and Papua. Several factors have led to the fall of medical personnel in various armed conflicts (both horizontal and vertical) in Indonesia, among others are: (a) The parties to an armed conflict are not aware of the provisions of the principles of international humanitarian law. (b) The parties are suspicious of the neutrality of the medical personnel, as well as (c) Not having a good communication system between the conflicting parties and medical personnel.

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