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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.

Arjuna Subject : -

Articles 45 Documents

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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

Indonesian Monetary Regulation Regarding Chinese Electronic Payment in Indonesia Claudia Mulyawan; Emmy Latifah
Jambe Law Journal Vol 2 No 1 (2019)
Publisher : Faculty of Law, Jambi University

This article aims to analyze and ﬁnd the answer on how the regulation for transaction activities deals with electronic money by Chinese tourists in Indonesia, especially in Bali, as well as to analyze the effect on using WeChat Pay and Alipay payment in tourism sector. This legal research is using normative research method. It is concluded that Chinese electronic payment platform WeChat Pay and Alipay by Chinese tourists for doing payment transactions in Bali has not been explicitly regulated in Indonesia because those providers have not fulﬁlled any requirements and standards from Indonesian Central Bank (Bank Indonesia) and have not obtained any Indonesian legal status as a private company. Transactions using Chinese electronic also have impact for the country’s foreign exchange reserves. Foreign exchange reserves is one of the important aspect in deciding the value of state budget (APBN) that is also inﬂuenced by foreign exchange reserves from tourism sector.

Legal Protection of Cultural Objects in the Armed Conﬂict Akbar Kurnia Putra; Bernard Sipahutar; Vrandza Iswenanda; Sulhi Muhammad Daud
Jambe Law Journal Vol 2 No 1 (2019)
Publisher : Faculty of Law, Jambi University

This article aims to overview how the International Humanitarian Law regulates the protection of cultural heritages at the event of armed conﬂict. Applying a normative legal method, this article coclude that the protection for the cultural objects during an armed conﬂict is regulated in the Hague Convention IV of 1907, the Geneva Conventions IV of 1949, the Hague Convention of 1954, and the Second Protocols to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conﬂict 1999. The Hague Convention of 1954 mentions about safeguarding of the cultural property from any harm as a result of armed conﬂicts and about respect for the cultural objects. Each nation is responsible to avoid, prevent, and forbid any harfmul acts against cultural property. However, no stipulation is mentioned on how the victims whose cultural objects are destroyed could sue for any destructions. Therefore it is recommended that a special International Body be formed to supervise any harmful activities toward the cultural objects. Such a body might be more than just an International Court of Justice whose function is to settle any objections, sues, or claims from parties whose cultural objecs have been destroyed during armed conﬂicts.

Harmonizing Conservation Values of National and Customary Laws on Turtles Conservation Muhammad Yamani
Jambe Law Journal Vol 2 No 1 (2019)
Publisher : Faculty of Law, Jambi University

Sea turtle populations on the Enggano Island are almost extinct as a result of over exploitation. This article aims to discuss harmonization of conservation values between national law and Enggano customary people in protectng sea turtles. It is found that the Enggano customary law norms have conservation values which stated prohibition of catching sea turtles by any means except for adat grandeur ceremonies (yakadea) use only. Sanctions are imposed to those who break the law with customary ﬁnes and a compulsary to apology to the chiefs and other Enggano Island communities. It is also learned that to harmonize conservation values between national law and Enggano customary law in protecting sea turtles can be conducted by implementing the norms of turtle protection in the national laws into the Village Regulation, which is an integral part of the hierarchical systems of laws and regulations in Indonesia. Harmonization of the conservation values of the sea turtles through the integration of legal substance is the best model in optimizing the protection of sea turtles without sacriﬁcing the interests of traditional rituals that are still maintained for generations in the life of the Enggano community

Appeal Against Acquittal By The Prosecutor: Critical Comments on The Indonesian Constitutional Court Decision Aristo Pangaribuan
Jambe Law Journal Vol 2 No 1 (2019)
Publisher : Faculty of Law, Jambi University

In 2013, the Indonesian Constitutional Court ended the debate concerning the constitutional validity of the right to appeal against acquittal by the prosecutor. Such a question has a long history not only in the Indonesian judicial system. In their decision, the court concluded that the government should have the power to appeal against acquittal to the Supreme Court because of its supervisory function over the lower courts. However, the decision was not unanimous, and there was one dissenting opinion from justice Harjono, who is in favor of protecting the rights of the acquitted defendant. This article is trying to examine the decision and underlined the issue of two competing values, namely ﬁnality, and accuracy that was debated in the decision, even though the court did not explicitly mention it. In the end, this article ﬁnds that the court gives more importance to the accuracy of the conviction and less to their ﬁnality.

Community Participation of Yogyakarta as Climate Resilience City (CRC) Heribertus Jaka Triyana; Endah Rantau Itasari
Jambe Law Journal Vol 2 No 1 (2019)
Publisher : Faculty of Law, Jambi University

Community has played central roles for initiatives of the Local Resilience Action Plan (LRAP) toward Yogyakarta as Resilience Climate City (CRC) since 2012. This paper aims to ﬁnd out relevance of community participation using the Catholic Church and Islamic Youth organizations participation as the model for dissemination and education on CRC as part of global agenda for achievement of the sustainable development goals. This paper is a empirical legal research conducted through an extensive and in-depth analysis of relevance legal data, i.e. primary and secondary data. At the end, they were completed through in depth analysis of legal logic to sustain their correlation and attribution to the said indicators of availibility, accessibility, adaptability and acceptability based on localities’ contexts and perspectives in Yogyakarta city. This paper reveals two conclusions. First, Catholic Churches and Islamic Youth Organizations in Yogyakarta city have played role to educate and to disseminate CRC through its internal Church guidance of the arch Bishop of Semarang manifestation 2035 and intended speech from Islamic leaders. Secondly, internal driven motivation is one of fundamental Christian values has been effective to continuously manage house hold wastes, increase green Catholic life style, and to map potential climate vulnerabilities.

The Authority of Internal Auditor to Prevent Corruption Committed by Civil Servants and Government Official Helmi Helmi; Iskandar Iskandar
Jambe Law Journal Vol 2 No 2 (2019)
Publisher : Faculty of Law, Jambi University

Internal audit is significant to guarantee and ensure the enforcement of laws and regulations as well as to prevent power abuse by civil servants or government officials that may cause financial loss for the country. The purpose of this study is to provide an overview of the authority of internal audit, to describe how this authority is regulated, to depict the authority to prevent power abuse, and to illustrate the protection over and enforcement of administrative law on allegation of power abuse. This study is a normative juridical study analyzing primary and secondary legal material relevant to the subject under study. The result of the study reveals that the authority of internal audit has been set in various legal products. The operating procedures for legal protection over allegation of arbitrary behavior against civil servants or government officials are filing an objection or an appeal against the discovery of the internal audit. If the case is not a subject of investigation of law enforcement officers the accused may contest the finding to Administrative Court and request the judge to review the finding. If the accused is proven to be guilty of abusing power that causes financial loss for the state and, thus, be sentenced for the alleged conduct (inkracht), he or she shall be immediately dismissed from his/her position. The regulation posits that officer who ignores the verdict and continues to keep the defendant on his/her position shall be penalized.

Interrelationship of Corruption and Ecological Disaster Muhammad Rustamaji; Bambang Santoso
Jambe Law Journal Vol 2 No 2 (2019)
Publisher : Faculty of Law, Jambi University

Human being and living quality of their global community very depends on environmental condition. Then, various policies, regulation managements, law enforcement and technical supervision are conducted in attempts of biological environment conservation. However, corruption has always been primary enemy for all aspects of the environmental conservation. Apart from all efforts that had been conducted, natural resource sector is, in fact, a fertile land for corruption. Unguaranteed property right aspect, unbalanced discretion, complexity management of natural resource product, and weakness of control are factors leading to ecological environment become vulnerable area of corruption. Ultimately, bad impacts of the environmental damage return to human being as ecological disaster on individuals as well as global people. Therefore, efforts of prevention such as to involve people in recognizing forms of corruption contributing to ecological disaster is important. Grand corruption (state capture & elite capture), middle class corruption and petty corruption are forms of corruptions of ecological environment that should be understood deeply by people.

A Comparative Analysis of Indonesia’s KPK and Hong Kong ICAC in Eradicating Corruption Ridwan Arifin; Rodiyah Rodiyah; Fitria Puspita
Jambe Law Journal Vol 2 No 2 (2019)
Publisher : Faculty of Law, Jambi University

This article seeks to discusses anti-corruption policies in Indonesia and Hong Kong. This research arises from the phenomenon of corruption that has become widespread in Indonesia and seems to be a never-endingproblem that has caused great damage in all sectors of life. It's not only a matter of how much the state loss or corrupt modus operandi that is even more sophisticated and even makes Indonesia one of the highest-rankingcountries in corruption cases, but it is also a matter of law enforcement whihch is less smart in handling corruption cases themselves. On the other hand, reportedly having a different approach in combating corruption, Hong Kong is considered to have been successful in carrying out its duties. With comparative study, this article will elaborate various patterns of work conducted by anti-corruption institutions in Indonesia and Hong Kong, namely the Corruption Eradication Commission (KPK) and the Independent Commission Against Corruption (ICAC).

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