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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 6 Documents
Search results for , issue "Vol 4 No 2 (2021)" : 6 Documents clear
Auction Winner as A New Criteria in The Concept of Good Faith Buyer in Indonesia Faizal Kurniawan; Xavier Nugraha; Ardhana Christian Noventri; Qona’aha Noor Maajid
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.4.2.171-190

Abstract

Good faith is a principle embodied under Article 1338 Paragraph (3) of the Indonesian Civil Code, which is required in every stage of a contract, including in a land sale and purchase contract. Under several decisions of the Supreme Court, good faith is considered to exist, for instance, when a buyer purchased a land through the auction of the State Receivables Affairs Committee (PUPN). Nevertheless, based on a conviction in the judicial practices, this article believes that purchases through official auctions are not necessarily the indicators for the existence of good faith principle in a land sale and purchase contract. Therefore, this study is focused on the concept of good faith buyer with a land object as well as the characteristic of auction winner as a good faith buyer protected by law. In conclusion, parties of a land sale and purchase contract through auction can be considered to have performed in good faith when they have fulfilled the criteria under Supreme Court Circular Letter and other criteria such as purchasing through state auction office in accordance with the applicable laws and regulations, purchasing in a reasonable price, and the auction winner is not the creditor himself who purchases at a price far below the collateral limit price.
Government Policies in the Preservation of Malay Culture in Siak Regency, Riau Dessy Artina
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.4.2.211-230

Abstract

This article discusses the local government policies with respect to Malay culture in Siak, one of the regencies in Riau Province. It is based on the fact that Malay culture is inseparable part of Siak. Historically speaking, Malay culture has been there since the early formation of the Siak Kingdom in 1723 AD. Having and promoting itself with a slogan “The Truly Malay,” Siak is proud of standing upon Malay culture. The reflection of Malay culture as well as its traditions is established in day-to-day lives witnessed in its language and clothing. Aiming at preserving the culture, the local government has made a policy in the form of Regional Regulations on Malay Language and Culture. However, as will be demonstrated through a normative approach, the implementation of the Regional Regulation is still constrained due to the absence of a Regent Regulation which is hoped to function as an implementing regulation. Addressing such a problem has to be integrated into various policies in the form of a District Head Regulation.
Cyber-Attack: Its Definition, Regulation, and ASEAN Cooperation to Handle with it Maskun Maskun; Irwansyah Irwansyah; Ahsan Yunus; Armelia Safira; Siti Nurhalima Lubis
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.4.2.131-150

Abstract

The development of technology brings changes in human life, and the shift of most human activities to cyberspace is now a challenge for every country in the world. Cyber-attacks are crimes that have developed rapidly with the development of information communication and technology (ICT). Due to its impact, cyber-attacks can be considered as a crime called a crime of aggression. The focus of this paper is to determine the urgency of regulating cyberattacks as a crime of aggression and to find out the extent to which the international community has made cybercrime the focus of contemporary crime research, which is referred to as a crime of aggression. This paper shows that international cooperation is needed to create an international regime that is respected and universally accepted by the international community in relation to cyber-attacks, which can also be referred to as crimes of aggression. It is because cyber-attacks in its nature are transnational crimes and need a cooperation such as the framework of ASEAN to deal with.
The Legal Protection of Sustainable Agricultural Land: Why is It Urgent? Ivan Fauzani Raharja; Hafrida Hafrida; Retno Kusniati; Sasmiar Sasmiar; Ahmad Ridha
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.4.2.151-170

Abstract

The phenomenon of rapid population growth and land conversion is what forms the background of this study. The Indonesian state does not only lose its agricultural land but also its farmers. This is the concern of the Government, including Local Governments, considering that agricultural land in its territory needs to be saved for food security and the needs of the next generations. Indonesia, including Jambi Province, will no longer have agricultural land and enough farmers in the future if this condition continues. Sungai Penuh of Jambi Province has been chosen as an object of study since this city is one of the main rice producers but suffering from agricultural land conversion. In realizing the goal, Legal policy is an option to implement because it binds not only the Local Government but also the community. That’s why it is important to protect agricultural land through a legal framework to ensure the availability of agricultural land. This article argues that the problem has to find ways by establishing local regulation to protect the sustainability of land and the prosperity of the farmers as well as by providing comprehensive incentive programs for those who conserve it.
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.

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