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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 45 Documents
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.
Local Government Efforts in Realizing Gender Responsive Regional Policies in Banyumas District Riris Ardhanariswari; Tenang Haryanto; Manunggal KW; Siti Kunarti
Jambe Law Journal Vol 4 No 1 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.1.1-19

Abstract

The international community has come to an agreement on the importance of gender issues to solve such problems as the gender inequality, the gap between men and women. Gender issues have become a part of the national direction and strategy in carrying out national development. Therefore, addressing these issues has to be integrated in various national policies. The central government has granted authorities to each region in Indonesia to make gender-responsive regional policies, hoping that the concept of justice and gender equality in Indonesia be realized properly. This study uses a normative legal method by examining secondary data normatively such as laws and regulations, research papers on policy gender-responsive regional development. This article was originally a research focusing on the Government of Banyumas Regency in creating a gender-responsive regional policy. Through Banyumas Regent Regulation Number 35 of 2018 concerning Guidelines for Implementation of Gender Mainstreaming, the Banyumas Regency Government has supported gender responsive regional policies.
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.
Legal Constructions of Apprenticeship for Notary Candidates in the Framework of Rechtsidee Yetniwati Yetniwati; Taufik Yahya; Pahlefi Pahlefi
Jambe Law Journal Vol 4 No 1 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.1.93-110

Abstract

This article discusses the concept of the legal construction of notary candidate apprenticeship within the framework of rechtsidee (law ideals). This article demonstrates that the so called rechtidee has always focused on three ideals, namely legal certainty, legal justice, and legal benefit. With regards to apprenticeship, it is argued, however, that these three ideals are not sufficient. Most legal studies have forgotten another basic ideal, namely the education principal which is inevitable in establishing a professional and qualified notary. The article demonstrates how the apprenticeship should be addressed to reveal the concept of legal construction for prospective public notaries. It is believed that there is a legal but moral relationship between a notary candidate and a notary public apprentice under the supervision of the government or a designated official. The principles of education in apprenticeships would enable the notary candidates to have sufficient knowledge and wisdom, and other character buildings like dedication, harmony, mutual relationships, role model, as well as, but not limited to, honesty. Given its functions, apprenticeship legal construction has to be developed in regulations not only based on the principles of legal certainty, legal justice, and legal benefit, but also on the principles of education
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 Local Customary Law: The Contribution of Adat Law in Preserving the Lubuk Larangan in Jambi Dwi Suryahartati; Firya Otaviarni; Windarto Windarto; Sukamto Satoto; Suhermi Suhermi
Jambe Law Journal Vol 4 No 1 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.1.43-68

Abstract

This article discusses the living law which stands behind the Lubuk Larangan tradition in Jambi, Indonesia. While many academics stand on belief that Lubuk Larangan is about the conservation, the article argues there is a metaphysical belief and sacred agreement that triggers such conservation by the indigenous people. Such belief has been overlooked by academics resulting in the failure of seeing the very fundamental life of the indigenous people, as long as their legal practice is concerned. This article demonstrates that the customary law norms can be found in the customary seloko of Jambi Malay, norm which is reflected the whole lives of the indigenous people, both in private and public lives. This article found that the tradition demonstrates a communal way of living and togetherness based on the need of the community. The natural conservation is nothing but the reflection of the sacred, mystic, religious adat and law to keep the nature survive
Waqf Regulation: Potential and Social Problems of Mosque-Based Productive Waqf Management Suhairi Suhairi; Khoirul Abror; Agus Alimuddin; Oki Hajiansyah Wahab
Jambe Law Journal Vol 4 No 1 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.1.69-92

Abstract

Waqf land in Indonesia is very large and very wide. But there has not been a maximum productive waqf management. The management of productive waqf that can be done is mosque-based. This article attempts to study the potential and social problems of mosque-based productive waqf management. It explored mosques in the study, ranging from The Jami’ mosque of Batanghari of East Lampung Regency, Babussalam Pekalongan Mosque of East Lampung Regency, Taqwa Mosque of Punggur, Central Lampung Regency, and Al-Muhajirin Mosque Abung Semuli of North Lampung Regency. Of the four mosques studied, it can be stated that all have the potential to be carried out productive waqf management considering assets like yard and strategic location and have strategic position to build businesses centres like shops / minimarkets, BMT, food stalls, clinics, schools, fish ponds. Despite the existence of the Law on Waqf that allows the Nazhir to get not more than 10% of the profit, the waqf treasures of the mosques are not well managed by the nazhir, especially in its utilization
Non-Penal Policy of Syariah Institutions in Preventing Juveniles from Narcotics Abuse in Aceh Province, Indonesia Zaituni Zaituni; Riza Nizarli; M Yakub Aiyub Kadir
Jambe Law Journal Vol 4 No 1 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.1.21-41

Abstract

This paper aims to discuss non-penal policies of Syariah institutions through families and educational institutions in preventing juvenile from committing narcotics abuse under the Aceh Qanun on Drug Abuse Prevention Facilities. Originally, a normative legal research, res covering legislative review and supporting with data that found in the field and stakeholders interview as supporting data in the use of research methodologies. The result indicates that Aceh syariah institutions are authorized to carry out non-penal policies in preventing child or juvenile narcotics abuse, as known under sadd adz-dzari’ah in islamic methodology (usul fiqh). However, to date, the application of preventive measures through family and educational institutions has not had any progress yet. Hence this paper suggests Syariah institution in Aceh, including Dinas Syariah Islam, Aceh Ulama Assembly, Dayah Body and Aceh Syariah Police in collaboration with Anti Narcotic Institution, to pay serious attention to non-penal policies to ensure the children safe from narcotics acts. This contributes to highlight the prevalence of non-penal policy can be more effective rather than penal policy in preventing children from narcotics abuses in Aceh province, Indonesia