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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<![CDATA[Legality Aspect Of Conducting Documents Only Arbitration In Indonesia ]]>
<![CDATA[Garuda Wiko]]>;
<![CDATA[Fatma Muthia Kinanti]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.9914
<![CDATA[Documents-Only Arbitration (DOA) is a type of arbitration that is carried out entirely by written documents-only. DOA is beneficial when the burden and substance of the dispute are relatively simple and when there are obstacles to conduct a face-to-face proceeding (instance in the Covid-19 Pandemic or limitation of cost). This study examined the DOA trial method and how it is based on Law No. 30 Year1999 concerning Arbitration and Alternative Dispute Resolution as the lex arbitri in Indonesia. Regulations, Rules, and Procedures from arbitration institutions, both national and international are also studied to better understand the problem. This study aimed to explain the legality of arbitration based on Documents-Only Arbitration in Indonesia. This study concluded that the conduct of DOA is very possible to be implemented in Indonesia and does not conflict with Law No. 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution (Arbitration Law).]]>
<![CDATA[The Urgency of Regulating Tax Law for Vehicles After Natural Disasters in Indonesia ]]>
<![CDATA[Asriyani Asriyani]]>;
<![CDATA[Adiesty Septhiany Prihatiningsih Syamsuddin]]>;
<![CDATA[Soleman S Rory]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.8307
<![CDATA[The occurrence of a natural disaster on 28 September 2018 in the province of Central Sulawesi Indonesia caused vehicle tax arrears to be incurred by people who were victims of natural disasters. This research is socio-legal research with a statutory and comparative approach to find out the legal arrangements related to tax collection after natural disasters and to compare it with the practices in New South Wales, Australia. This study concluded that there is no specific regulation that differentiates the mechanism of tax collection during normal times and the period after a natural disaster in Indonesia. Local governments are given the authority to regulate it based on the scale of the disaster and the affected areas/people in which people lose their homes and livelihoods so they cannot fulfill their obligations to pay for vehicle tax. This resulted in the arrears of tax collection carried out by the fiscus and become an obstacle for local governments to collect taxes as a source of financing rebuilding infrastructure after a natural disaster. As a comparison, an integrated tax reduction system was applied for disaster victims in New South Wales, including for the vehicle tax. The whole process was done online. Indonesia needs to build such a system to anticipate the bad impact of tax collection that can make disaster victims suffer psychologically.]]>
<![CDATA[Local Wisdom of Customary Law Community to Realize Food Sovereignty in Central Sulawesi ]]>
<![CDATA[Nurul Miqat]]>;
<![CDATA[Rafika Nur]]>;
<![CDATA[Virgayani Fattah]]>;
<![CDATA[Susi Sulilawati]]>;
<![CDATA[Intan Purnamasari]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.10167
<![CDATA[Indigenous peoples have the right to food sovereignty, the right of indigenous peoples to meet food needs following local wisdom owned by indigenous peoples following their potential resources and culture, produced independently with their systems. Food production systems follow the conditions of traditional territories, traditional values / norms and knowledge of indigenous peoples, agricultural systems, trade, fisheries, and other production systems in traditional territories. Central Sulawesi, as one of the provinces that still has several areas, which are indigenous community areas, has local wisdom in terms of food security. The availability of food based on the independence of an area cannot be separated from the efforts of the community to maintain regional food security in a way that has become the standard of behavior of the surrounding community in managing the environment that can produce quality food, one of which is the standard of community behavior which is reflected in local wisdom. Through local wisdom in managing the environment, it is hoped that it will be a concrete step to strengthen it carrying capacity, especially in the food aspect. Through Law No. 18 of 2012, which seeks to give obligations to the state to respect, fulfill and protect the right to food of the Indonesian people without exception.]]>
<![CDATA[Responsibilities of Financial Technology Company Due To Failure to Pay By Loan Recipients ]]>
<![CDATA[Sylvia Janisriwati]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.11267
<![CDATA[One form of business is due to current developments in financial technology (abbreviated as fintech), which means using technology to provide financial solutions. This study aims to see the responsibility of PT. Dana Agung Nusantara as the financial technology (fintech) lending provider due to default by lending recipients in the case of Central Jakarta Commercial Court Decision Number 113/Pdt.Sus-PKPU/2021/PN Jkt.Pst. This research is normative juridical research. In this study, the source of legal materials used consisted of 3 (three) legal materials, namely primary, secondary and tertiary legal materials. The technique of collecting data on legal materials is by using a literature study model using analysis of legal materials, which is used in descriptive qualitative content analysis. The results showed that the responsibility of PT. Dana Agung Nusantara as the financial technology (fintech) lending provider due to default by loan recipients by the case of Central Jakarta Commercial Court Decision Number 113/Pdt.Sus- PKPU/2021/PN Jkt.Pst that according to an OJK spokesperson, the party is responsible if The fintech collapsed is a P2P lending fintech provider. Meanwhile, if the borrower causes a default, it is the responsibility of the lender or investor.]]>
<![CDATA[The Existence of the Religious Court in Handling Divorce Cases on the Reason of Domestic Violence ]]>
<![CDATA[Dedi Sumanto]]>;
<![CDATA[Titin Samsudin]]>;
<![CDATA[Fikri Hi. Asnawi Amirudin]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.11651
<![CDATA[Domestic violence results in any action against a person in the household, which results in physical, sexual, psychological misery or suffering, and or neglect of the household, including threats to commit acts, coercion, or deprivation of liberty unlawfully within the household. The problem that arises is the legal perspective on domestic violence and the existence and role of the Religious Court in handling divorce cases on the grounds of domestic violence. This writing uses a normative juridical research method with a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials, then analyzed and drawn qualitative conclusions. The results of this study are in a review of Law Number 23 of 2004. Whatever its nature is, hitting the wife is one type of domestic violence prohibited by the PKDRT law. However, in essence, the law on domestic violence does not conflict with Islamic teachings because the law is made to protect the benefit of the community, namely protecting every member of the family or household from further acts of violence. The Religious Court has played an active role in applying the law in handling divorce cases on the grounds of domestic violence by applying the provisions of Article 39 paragraph 1 and paragraph 2 and the reasons for divorce in Article 19 of Government Regulation Number 9 of 1975.]]>
<![CDATA[The Discourse on Legal Utopia for The People with Disabilities in Order to Remove the Educational Segregation ]]>
<![CDATA[Zamroni Abdussamad]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.11068
<![CDATA[The right to education for persons with disabilities is still a contemporary legal issue with legal and social problems. The laws and regulations governing the right to education with disabilities are still segregated for the research objectives, namely the Pattern of analyzing the educational arrangements for persons with disabilities and the ideal arrangements for achieving equality in education for persons with disabilities in Indonesia. This research method is categorized into normative legal research types. It is based on the issues and or themes raised as research topics using a philosophical and analytical research approach that is analyzed descriptively. The study results show that the segregated polarization of education for persons with disabilities is contained in Article 10 of Law Number 8 of 2016 concerning Persons with Disabilities and Articles 5, 15 and 32 of Law Number 20 of 2003 concerning the National Education System. The arrangement divides persons with disabilities into particular groups that have an impact on a homogeneous social environment. Therefore, the ideal design is educational equality, as in the United States, where people with disabilities attend regular schools. Besides that, it is necessary to have equal education for people with disabilities in the laws and regulations in Indonesia.]]>
<![CDATA[The Urgency of Regulation of the Ultra Qui Judicat Principle in Criminal Judgments ]]>
<![CDATA[Suwitno Yutye Imran]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.11154
<![CDATA[There is a provision for the judge not to impose a sentence on the defendant if the act is not described carefully, clearly, and ultimately in the public prosecutor's indictment. However, in practice in the court, some judges deviate from the articles charged by the Public Prosecutor. Therefore, this article will analyze the urgency of regulating the ultra qui judicat principle in criminal case decisions. The analysis will be carried out using a normative legal research method using a case approach and data sources from laws and regulations, judges' decisions. The analysis results show that the concrete regulation of the ultra qui judicat principle in the form of legal norms in the Judicial Power Act will benefit judges in deciding cases. The Public Prosecutor's inaccuracy in preparing the indictment, especially the placement of the articles indicted, will be very detrimental to law enforcement and injure the judge's justice in deciding the case. On the other hand, if this principle is not regulated concretely in legal norms, it will open up space for many dissenting opinions on the judge's decision.]]>
<![CDATA[The Principles Of Good Governance In Health Services ]]>
<![CDATA[Marif Marif]]>;
<![CDATA[Nurhaedah Nurhaedah]]>;
<![CDATA[Handar Subhandi Bakhtiar]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.7307
<![CDATA[This study provides an overview of the principles of good governance in health services in Indonesia. This needs to be known considering that health services are a constitutional right for citizens and their services must be carried out as well as possible. Providing health services is a state obligation and getting good and guaranteed health services are the right of citizens. This research is normative-legal research using statute, comparative and conceptual approaches. The results show the principles of good governance in health services that are reflected in the principles of participation, the principles of openness and transparency, the principles of effectiveness and efficiency, and the principles of accountability. Providing health services and covering all health insurance costs for the poor and underprivileged will automatically unconditionally be the responsibility of the government following the mandate of the constitution.]]>
<![CDATA[The Relevance of Legal Protection to Human Rights Related to Euthanasia Law in Indonesia ]]>
<![CDATA[Yusrianto Kadir]]>;
<![CDATA[Leni Dwi Nurmala]]>;
<![CDATA[Nurwita Ismail]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.7111
<![CDATA[Every human being has rights that have been given since humans are in and the right to life is an absolute right that must be lived by every human being. Law Number 39 of 1999 concerning Human Rights does not provide space for euthanasia because euthanasia is contrary to the provisions of the Human Rights Law, especially the right to life of a person. The right to life in Law Number 39 of 1999 concerning Human Rights explains that every human being or every person without exception has the right to life, the right not to be tortured, the right to personal freedom thought and conscience, the right to religion, the right not to be enslaved, the right to recognized as a person and equality before the law, and the right not to study based on applicable law is a human right that cannot be reduced under any circumstances and by anyone.]]>
<![CDATA[Regulation and Protection of Cloud Computing: Literature Review Perspective ]]>
<![CDATA[Maskun Maskun]]>;
<![CDATA[Rian Nugraha Anwar]]>
<![CDATA[ Jambura Law Review VOLUME 3 NO. 2 jULY 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jlr.v3i2.10639
<![CDATA[Cloud computing is one of the developments of the internet of things. It cansay that it is a new industry in era revolution 4.0. particular to store data,including customer data privacy. The research aims to determine someregulations and protection of cloud computing at either international ornational levels. The research methods are normative legal research whichapplies some regulations both international and national legalinstruments. The research results show that some internationalinstruments can be seen in general and specific international instruments.The general instruments are such as the Universal Declaration of HumanRights 1948 (UDHR) and International Covenant on Civil and PoliticalRights 1996; the specific instruments are such as OECD GuidelinesGoverning the Protection of Privacy and Transborder Flows of PersonalData, 1980, Council of Europe Convention for the Protection of Individualsconcerning the Processing of Personal Data, 1981, and United NationGeneral Assembly Resolution on the Right of Privacy in the Digital Age,2014. In the Indonesian context, the regulation of it can be seen such as TheLaw No. 39 of 1999 Concerning Human Rights, The Law No. 14 of 2008Concerning Public Information Disclosure, The Law No. 36 of 2009Concerning Health, the Law No. 19 of 2016 concerning amendment of theLaw No. 11 of 2008 concerning Information and Electronic Transactionand other sectoral regulation. Therefore, it can conclude that the need forregulation of cloud computing and its protection is needed to guaranteethat those data are protected.]]>
