Jambura Law Review
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including, Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
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"VOLUME 3 NO. 1 JANUARY 2021"
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<![CDATA[An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects ]]>
<![CDATA[Mellisa Towadi]]>;
<![CDATA[Nur Mohamad Kasim]]>;
<![CDATA[Rumawi Rumawi]]>;
<![CDATA[Siti Asifa Tahir]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.7730
<![CDATA[This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.]]>
<![CDATA[Granting Business License to Fuel Traders “Pertamini” As a Form of Legal Protection ]]>
<![CDATA[Nirwan Junus]]>;
<![CDATA[Karlin Zakaria Mamu]]>;
<![CDATA[Mohamad Syahnez W. Aditya Cono]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.7270
<![CDATA[Oil and Gas plays an important role in the fulfillment of fuel needs from both the industrial and transportation sectors. This regulation on Oil and Gas has provided a legal basis in its implementation. The presence of retail fuel businesses "Pertamini" is causing legal problems, this is because the existence of these businesses do not have a formal business license at all.This paper analyzes the sale of fuel under the brand "Pertamini" which does not have a business license. This research uses normative legal research method with statute approach and conseptual approach.The results showed that, with the increasing number of "Pertamini" fuel traders without a license, it will certainly have implications for the law and uncontrolled management of Oil and Gas. Therefore, the government and related agencies can issue permits to "Pertamini" fuel traders. Because by obtaining a legal business license, in terms of its management can be carried out optimal supervision to prevent the occurrence of fuel misuse. This also includes efforts to provide certainty and legal protection to "Pertamini" Fuel Traders.]]>
<![CDATA[The Impacts of Government Policy on Covid-19 to Airlines Liability: A Case Study in Indonesia ]]>
<![CDATA[Elfrida Ratnawati]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.7227
<![CDATA[The impact of Covid-19's impact on the air transportation sector, especially in Indonesia. This article will discuss the impact and responsibility of airlines on the policies adopted by the Indonesian government regarding the COVID-19 pandemic. This article uses a normative juridical legal approach, research based on literature or secondary material. Meanwhile, the data obtained through legal analysis and social phenomena that occur in society. The rules that must be obeyed by airlines require them to do flight restrictions and cancellations. As a consequence of the cancellation, the airline must return the funds to passengers who have purchased travel tickets and the airline cannot hide behind force majeure. As the party issuing policies, the Government must be able to see a balance in social life and provide appropriate legal protection. In addition, the Government may not issue policies that can lead to different interpretations of those who read the policies. These strict regulations are needed so that passenger rights can be realized which is the responsibility of the airline.]]>
<![CDATA[Omnibus Law in the Perspective of Constitutionality and Legal Politics ]]>
<![CDATA[Abdul Hakim Siagian]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.7222
<![CDATA[Overlapping norms in regulations, for example in the Natural Resources sector in terms of ease of investment, which previously had been sufficiently well regulated in the Law, many of the rules were cut through the omnibus law draft. The issues to be discussed are the constitutionality of the omnibus law concept in achieving legal certainty and usefulness in Indonesia. The research method used is normative juridical legal research. The results show that the omnibus law will also not interfere with the hierarchy of statutory regulations because the omnibus law is actually applied the same as the usual statutory regulation formation system. Apart from that, the omnibus law will also provide significant legal objectives in the form of legal certainty and usefulness compared to the normal law revision method (one by one).]]>
<![CDATA[“A Juridical Review Towards The Land Rights Ownership In Mixed Marriage” ]]>
<![CDATA[Rahmia Rachman]]>;
<![CDATA[Erlan Ardiansyah]]>;
<![CDATA[Sahrul Sahrul]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.6857
<![CDATA[Mixed marriage causes a legal impact on Indonesian citizens marrying foreign citizens. They cannot have land rights since it is a part of joint property in marriage based on laws and regulations on land in Indonesia following the nationalism principles. The problem involved the guarantee of constitutional rights in land rights ownership is for the Indonesian citizens having a mixed marriage and the requirements for property/assets division agreement in a mixed marriage. This used normative legal research using the legislative approach and case approach. The legal materials consisted of primary legal materials, secondary legal materials, and tertiary legal materials that were then analyzed and concluded using the descriptive-qualitative method. The result was that the Indonesian citizens, having a mixed marriage with foreign citizens, had similar constitutional rights to other Indonesian citizens for land rights provided that the land was not included in joint property and proven by a marriage contract containing property/assets division. The marital property division agreement can be made at the time of or before the wedding, or during the marriage in the form of a Notarial Deed, and be legalized by a marriage registrar. For Moslems, it is registered in the Office of Religious Affairs, while for non-Moslems, it is registered in the Civil Registration Office. If the contract has been legalized, the content in the contract will bind the people who make it (husband and wife).]]>
<![CDATA[Body Shaming Through Social Media As a Digital Crime In The Era of Disruption ]]>
<![CDATA[Mohamad Rusdiyanto U. Puluhulawa]]>;
<![CDATA[Riski Husain]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.7200
<![CDATA[Digitalization has ushered in an era of disruption. The negative impact is body shaming. In the case of body shaming in Indonesia in 2018, “there were 966 cases of physical humiliation or body shaming handled by police from all over Indonesia throughout 2018. Most recently in 2019, public figures were also affected. No less surprising, this phenomenon does not only attack adults but also babies. The problem raised in this paper is what legal factors influence the rise of body shaming as a digital crime in the era of disruption. The approach method used is conceptual. In conclusion, the legal factors that influence the prevalence of body shaming are the substance of law and legal culture. In the aspect of legal substance, some areas have not been touched by current regulations, even though the legal realm is often used as a catalyst for digital body-shaming crimes. Meanwhile, in the aspect of legal culture, the problem of legal conflicts and low legal compliance are the main problems. To make matters worse, the attitude of the victim who prefers to ignore the treatment they receive without taking a fight justified by law makes the perpetrators of body shaming even wilder and more frontal, because law enforcers, as part of the legal structure, are unable to take action because this act falls under the complaint offense. Suggestions, improved regulations and the role of the press and the public to change the way they view body-shaming behavior]]>
<![CDATA[Legal Protection Bonda And Bulango Languange : In Reality And Prospect ]]>
<![CDATA[Lisnawaty Wadju Badu]]>;
<![CDATA[Suwitno Yutye Imran]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.6947
<![CDATA[72 years independent of Indonesia, the regulation of culture became a "fragmented norm" into various laws, then in 2017 Indonesia has a special law regulating the promotion of culture, as if it was an oasis in the midst of "extinction" the protection against extinct regional languages including Bonda and Bulango languages. This research is intended to examine the prospects of the policies that need to be taken by the Bone Bolango District Government in protecting and sustaining the Bonda and Bulango languages as a form of fulfillment Indonesia Constitution promises that are leerplicht. The scientific method used in this study is a type of normative research with a statute approach, case aproach and conseptual approach. The results showed that the reality of the protection of Bonda and Bulango Languages was far from the maximum word, it can be seen from the lack of documentation about the Bulango Language morphology and the condition of the use of Bulango language which only leaves one speaker, while Bonda Language is even a Bonda dictionary but its use is still limited to the Suwawa peoples only, with the condition of its speakers diminishing. The policy prospects that can be carried out by the local government in protecting and preserving the Bonda and Bulango languages include the establishment of a regional regulation on the protection and preservation of Bonda and Bulango as the basis for the Bone Bolango district Government which will regulate the obligations of educational institutions both formal and informal Primary and Secondary level in the protection and preservation of Bulango and Bonda languages, village government obligations, peoples obligations, and the role of the council of custom or duango lo lipu, including the source of the budget for the protection and preservation of Bonda and Bulango languages, and followed by technical policies others as a real form of preservation of the two languages.]]>
<![CDATA[A Legal Review of Sailing Approval Letter: Systems and Procedures ]]>
<![CDATA[Abbas Abbas]]>;
<![CDATA[Syahruddin Nawi]]>;
<![CDATA[Hamzah Baharuddin]]>;
<![CDATA[Ilham Abas]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.9881
<![CDATA[Every ship that is going to sail is required to have a sailing approval letter issued by the harbormaster as an effort to control the security and safety of shipping. This research is a normative-legal research using a statute, comparative and conceptual approaches.The results show that the harbormaster as a government official at the port carries out and supervises efforts to fulfill shipping safety and security as a government administrative action by issuing a state document in the form of a sailing approval letter through a system of procedures for issuing a sailing approval letter. This letter is given to every ship that will sail or leave the port by ensuring that the ship, crew and cargo have technically-administratively fulfilled all sailworthiness requirements. The compliance of all parties in implementing the procedure for the issuance of the sailing approval will lead to the achievement of safety and security in shipping.]]>
<![CDATA[Regional Head’s Authority In Determining Mutation Of Government Employees ]]>
<![CDATA[Fahmi Kamuli]]>;
<![CDATA[Tunggul Anshari]]>;
<![CDATA[Istislam Istislam]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.7520
<![CDATA[This research is aimed to analyzing and understanding the actions of the Head of Boalemo Regency in mutate the Civil Servant based on the mutation policy and also to analyze the filling positions in the implementation of the mutation of Civil Servants in Boalemo Regency. The method used in this research is Empirical Juridical Method. The results of the research were found that mutations of Civil Servant are enhancement over the years in Boalemo Regency. Injustice in determining mutations is marked by work placements that are not compatible with Civil Servants’ educational background. There is a political interest in the Government of Boalemo Regency which caused injustice in the mutation of the Civil Servants. ]]>
<![CDATA[The Law Enforcement Weakness of Songs and Musics Copyright Crimes ]]>
<![CDATA[Edi Tuahta Putra Saragih]]>;
<![CDATA[Muhammad Citra Ramadhan]]>;
<![CDATA[Isnaini Isnaini]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i1.7710
<![CDATA[This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. ]]>
