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Jambe Law Journal

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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.

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Articles 6 Documents

Search results for , issue "Vol 1 No 2 (2018)" : 6 Documents clear

Traditional Rights of Indigenous People in Indonesia: Legal Recognition and Court Interpretation Sartika Intaning Pradhani
Jambe Law Journal Vol 1 No 2 (2018)
Publisher : Faculty of Law, Jambi University

Indigenous peoples are victims of agrarian conflict, but their existence are not recognized by Indonesia. Indonesia recognizes Adat Law Community, distinct community living in Indonesia according to their Adat Law, and their traditional right. This paper is written based on legal normative research to analyze right of Adat Law Community towards their land and territory; and rule of the court regarding right of Adat Law Community. Adat Law Community has strong relation with their land and territory, namely Ulayat Right which guaranteed in Constitution and regulated in various law and regulation, especially regarding natural resources. Recognition towards Ulayat Right held by Adat Law Community through regional law product is declaratory because it only confirms the exiting right. Court has prominent role to enforce right of Adat Law Community. Constitutional Court has revoked several provisions in law which neglect Ulayat Right of Adat Law Community, such as Adat Forest which defined as state forest located in Adat Law Community’s territory; and Right of Coastal Water which limits Ulayat Right of Adat Law Community to access natural resources in coastal area and small islands. Though Constitutional Court has strengthen right of Adat Law Community, this community still face difficulties to claim their right towards land and territory against government and investor before District Court, High Court, and Supreme Court because those Court more focus on formal legal certainty of Adat Law Community’s authorization towards their land and territory than factual authorization as narrated by the community.

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

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.

Natural Resources Law in Australia: Principles and Practices Danial Kelly
Jambe Law Journal Vol 1 No 2 (2018)
Publisher : Faculty of Law, Jambi University

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.

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

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

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.

ASEAN Intergovernmental Commission on Human Rights and Effectiveness of Fulfilling Human Rights Obligations of ASEAN Members States Budi Hermawan Bangun
Jambe Law Journal Vol 1 No 2 (2018)
Publisher : Faculty of Law, Jambi University

The inauguration of the ASEAN Declaration of Human Rights was inseparable from criticism from several parties, especially human rights organizations both within and outside ASEAN member states. This paper focuses on the function and mandate of the AICHR (ASEAN Intergovernmental Commission on Human Rights) and its influence on the effectiveness of the fulfillment of human rights obligations ASEAN member states. The results showed that within its mandate AICHR there is no balance between the functions of promotion and protection function because of the ambiguity of vision for an ASEAN Human Rights set the standard, which is between universal standards and particularist that maintains the principle of "Asian values" and "non-interference". These different points of view led to the implementation of human rights obligations fulfillment by member states of ASEAN to be very varied

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Abstract

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Contact Name
-

Contact Email
-

Phone
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Journal Mail Official
-

Editorial Address
-

Location
Kota jambi,

Jambi

INDONESIA