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Jambura Law Review

jalrev
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Published by Universitas Negeri Gorontalo

ISSN : 26549255 EISSN : 26560461 DOI : 10.33756

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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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Articles 10 Documents

Search results for , issue "VOLUME 5 NO. 1 JANUARY 2023" : 10 Documents clear

Reconstruction of Types of Sentencing in the Juvenile Justice System in Indonesia (Discussion Against the Criminal Position of Warning) Nurini Aprilianda; Liza Agnesta Krisna
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

The Juvenile Criminal Justice System is implemented with the principle that detention and imprisonment for children is a last resort. One type of criminal sanction is a warning penalty, namely a light sentence that does not result in restrictions on children's freedom. The light crimes in question can certainly be imposed on light cases as well. However, in reality, warning criminal sanctions are placed as the main type of crime. This type of research is normative, namely reviewing and examining the norms in the JCJS Law. There are contradictory circumstances between the aim of avoiding children from court proceedings and the position of warning criminal sanctions as part of the main type of crime. There are no strict parameters for the terms or types of criminal acts that can be called minor crimes. Referring to the purpose of the JCJS Law, based on the category of crime, considering the conditions for the implementation of diversion, and interpreting the term "criminal" itself, the type of warning punishment is appropriate to be placed as part of the sanction of action. Thus, the principle of detention and imprisonment as a last resort in the juvenile criminal justice system is in line with the formulation of the types of sanctions in the law.

Juxtaposing The Territorial Integrity and Self-Determination Principles in Nagorno-Karabakh Dispute I Gusti Ayu Khanaya Manohara; I Made Budi Arsika; I Made Sena Darmasetiyawan
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

The separation of the former Soviet Union resulted in non civic divorces; ethnic cleansing, massacres, a territorial dispute which the Nagorno-Karabakh dispute stands as an example of. This conflict has been going on for years and is constantly evolving and regularly flares up resulting in casualties. The differing accusation of Armenia and Azerbaijan regarding the issue of the Nagorno-Karabakh conflict create different dimensions of the parties. Armenia sees the settlement as in the framework of self-determination whereas Azerbaijan pertains to the principle of territorial integrity in which both are the basic principles of international law thus leading to confusion regarding the legal dimensions of the conflict. With the most recent aggression, it is paramount now more than ever to seek the best possible settlement to put an end to the dispute. Until recently, Armenia accepts a deal with Russia to surrender the disputed territory by withdrawing its army. The main objective of this article is to give a general assessment of the disputed principles in this case

Legal Protection of Rohingya Citizens Related to The Conflict in Myanmar Elfirda Ade Putri; Windy Sri Wahyuni; Muhammad Yusrizal Adi Syaputra; Agata Jacqueline Paramesvari; Gede Aditya Pratama
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

There are many crimes against humanity cases that occurred in the world. One of them is happened in Myanmar, which is Rohingya ethnic conflict. Rohingya ethnic conflict is an issue based on discrimination to Rohingya ethnic because there are some differences at ethnic and religion. Ethnic Rohingya is not recognized by Myanmar and not granted a status of citizenship Based on Myanmar Citizenship Law (Burma Citizenship Law 1982). This research was conducted to find out how the legal forms to Rohingya citizens based on international law. This methodology is a normative legal research that uses statutes, case, fact approaches. The research found that the role of UNHCR in handling Rohingya cases has been mandated by the United Nations and in accordance with UNHCR Statute. UNHCR plays an important role in addressing the issue of Rohingya case, at leas as initiator, facilitator, conciliator, and determination. Such roles were taken to resolve the conflict that face by Rohingya ethnic, like provide protection, safety, and facilitate every Rohingyas refugees needs. In addition to the role of UNHCR, some countries such as Indonesia, Thailand and Canada also provided some arrangement in addressing the issue of Rohingya.

Siri'na Pacce: a Form of Fulfilling Women's Rights through the Conduct of Responsible Fisheries Yulia Yulia; Baso Madiong; Mustawa Mustawa; Ruslan Renggong; Zulkifli Zulkifli
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

Conservation of fish resources aims to protect fish species, maintain fish species diversity, protect ecosystems, and utilize fish resources in a sustainable manner. This study aims to analyze the legal protection of women's empowerment in the conservation of fish resources with the siri'na pacce philosophy of the Makasssar tribe. This study uses a qualitative approach, which is elaborated by using legal norms based on the provisions of international law and national law. The results of this study show that women's empowerment in the conservation of fish resources is protected by international and national laws, so that women in Takalar Regency, South Sulawesi, are entitled to legal protection from misbehavior. discriminatory on any basis, to empower instilling children and families' care in conserving fish resources with the Siri'Na Pacce philosophy of not doing Siri' Mappakasiri'siri' which can prevent someone from doing things that are contrary to the law, norms that live in society, and other things that can harm humans and humanity itself, especially in the protection, utilization, and conservation of fish resources.

Analysis of the International Court of Justice’s Jurisdiction in the Airspace Violation Cases Yordan Gunawan; Amarta Yasyhini Ilka Haque; Nazella Jeanny Andrian; Moli Aya Mina Rahma
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

This writing examines the International Court of Justice's authority over cases of airspace breaches. Airspace is the space above the land area and waters of a country. Air space is one of the most critical parts of a region in realizing the welfare of a country. ICJ, as the Supreme Court of the United Nations, is capable of resolving conflicts between countries and disputes involving United Nations member states. As a result, this writing aims to analyse further the authority of the International Court of Justice regarding airspace violations. The research was normative and qualitative. The result showed that, in theory, ICJ had clear jurisdiction in resolving violation of airspace cases, but in practice, only a few cases had been resolved by ICJ. However, most of those cases submitted to ICJ produce no judgment from ICJ since the Court found that it lacks jurisdiction

The Problem of Fulfilling Voter Rights in Village Head Elections Is Based On E-Voting Erman I. Rahim; Nuvazria Achir
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

The purpose of this writing is to discuss the paradigm of the electoral process which is now showing a new face, through technological sophistication, which in foreign terms is called E-Voting (Electronic Voting), and legitimized through Indonesian national laws and regulations. This model is used during the implementation of voting and counting through an electronic device and has begun to be used in several countries, including Brazil, India, Switzerland, and the United States (US), including the Boalemo District Government, which is the umpteenth time using this system in Simultaneous Village head elections implementation in the region. The writing method used is empirical, seeing how a rule works in society. The data obtained is systematically arranged and then processed using descriptive analytical techniques. The study results show that the Village Head Election through the E-Voting system has been carried out for the fourth time by the regional government of Boalemo with an electronic device intermediary based on its legal umbrella, namely Regulation of the Regent of Boalemo Regency Number 48 of 2015 concerning Procedures for Election, Appointment and Inauguration of Village Heads. In practice, there are problems related to the fulfillment of voter rights in the E-Voting Based Village head elections, which are influenced by several things, namely; Location, Time, and Distance of polling stations, Not Accommodating Voters Under Certain Circumstances, Convoluted Voting Systems, and Procedures, Lack of Availability of Human Resources and Infrastructure.

Cash Waqf Linked Sukuk Through Securities Crowdfunding in Indonesia Imtiyaz Wizni Aufa; Anugrah Muhtarom Pratama; Umi Khaerah Pati
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

Islamic charitable innovations have evolved to give rise to the integration between Sukuk and cash waqf called Cash Waqf Linked Sukuk (CWLS). The integration of these two things is promising when combined, considering that Sukuk has long been named a commercial sharia instrument that aims to raise funds, while cash waqf as a sharia social instrument has played a philanthropic role. As for Indonesia, The cash waqf combined with Sukuk has become a new fiscal instrument because it has advantages in addition to contributing to development, furthermore, the returns obtained are reused into waqf money for socio-economic projects and funds invested be returned at maturity. As a legal research, this article uses qualitative analysis with statutory approaches and conceptual approaches. This article intends to introduce a new conceptual framework model innovation between CWLS and fintech types of Islamic securities crowdfunding. This innovation is for no reason considering that the use of fintech types of Islamic securities crowdfunding makes CWLS more popular and more flexible so that the funds raised are expected to be larger and can reach the broader community for the construction of more massive socio-economic projects. Furthermore, this article provides an overview of the proposed innovations in achieving the goals of maqasid al-shariah, regulations, and opportunities and challenges to be implemented in Indonesia.

Shifting the Paradigm of the Indonesian Judicial System from The Influence of the Anglo-Saxon Judicial System Fence M Wantu
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

The litigation process in court will run well if all the elements are carried out following their duties and functions. In addition, what is very important is the judicial system that applies. The objectives of this research are 1). To find out and analyze the paradigm of how judges think in the Indonesian justice system, which adheres to the Continental European justice system. 2). To find out and analyze the development of the Indonesian justice system, especially how judges think, which is currently influenced by the Anglo-Saxon system. This research method is normative, namely legal research that aims to find rules or norms. This research is also called library research. Results of discussion 1). that the paradigm of the way of thinking of judges in the Indonesian justice system, which adheres to the Continental European justice system, is more inclined to use statutory regulations as the basis for deciding cases. The principle adopted is the persuasive force precedent. 2). The development of the Indonesian justice system, especially the way of thinking of judges, is currently experiencing a shift, namely that it is no longer pure with the Continental European justice system but is starting to introduce what is the practice in the Anglo-Saxon justice system, for example, the practice of class action lawsuits which have been regulated in environmental laws.

Manifestations of Gender Injustice in Divorced Marriages: The Kabalutan Tradition Susi Susilawati; Baliana Amir; Muhammad Ikbal; Rafika Nur; Sitti Fatimah Maddusila
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

This research entitled "Manifestations of Gender Injustice in the Tradition of Divorced Marriage in Kabalutan" is motivated by mass media information which states that in that village, there are many widows of various ages. From young to old age. It was also stated that in this village, it was easy to marry and divorce. Therefore, it is crucial to analyze this tradition from a gender perspective. So that it can be known which parties are harmed by this tradition, to be given socialization of what laws are needed there. The method is an empirical research method with primary data sources from traditional leaders and community leaders in the village. The stages are from surveys, observations, and conducting interviews, as well as collecting data for analysis and giving conclusions. The results of his research are that the term "widows' village" is a term that appeared during the population census in the 90s. At that time, there were many widows in Kabalutan Village for various reasons. But now, not anymore. Thus, the conclusion is that the stereotype of "Kampung Widow" towards Kabalutan Village, Talatako District, Tojo Una Una Regency is a manifestation of gender injustice. The people in the village are not comfortable with this labelling. In addition, it is not proven by the many widows there; it is also not the name of their village. Therefore, they asked to give only Kabalutan Village.

Implications of Mixed Marriage in the Perspective of Gorontalo Customary Law and Its Reality based on International Private Law Principles Mutia Cherawaty Thalib
Jambura Law Review VOLUME 5 NO. 1 JANUARY 2023
Publisher : Universitas Negeri Gorontalo

This paper aims to describe the application of local wisdom values as part of the implementation of the Gorontalo Marriage Customary Law to mixed marriages performed by Indonesian citizens of Gorontalo ethnicity and foreign nationals and to analyze the consequences of mixed marriages according to Gorontalo customary marriage law. The method of data collection was carried out through the stages of inventorying secondary data, tracking primary data through interviews, in-depth focus group discussion, and then analysis qualitatively. This paper uses descriptive analytic methods. The discussion demonstrates that mixed marriage is a family law event that has occurred from time immemorial. It's just that people's understanding of the order of family life is getting wider. This is due to the fact that cross-country personal relations are getting better, which has implications for the family law order from the perspective of local wisdom, especially in regions where the family system is open to other legal systems, including Gorontalo's customary marriage law. Mixed marriages, in the view of the local wisdom of the Gorontalo people, can be carried out through the Gorontalo traditional wedding procession in full if the husband and/or wife submit to the Islamic religion. This is legally obligatory because of the philosophy of Gorontalo customs: "Adati Hula-Hulaa To Syara, Syara Hula-Hulaa To Qurani" (Adat is based on Syara, Syara is based on the Al-Quran), so that every wedding procession that chooses to use Gorontalo's customs contains advice and prayers (for God's sake), which have the value of guidance as stipulated in the Al-Quran. As for the consequences of mixed marriages on Gorontalo's customary law, where one of the bride and groom is a foreigner but not Muslim, they cannot be married according to Gorontalo's customary law; the process is based on Al-Quran values.

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Home Page

OAI Link

Editorial Team

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Reviewer

Google Scholar

Contact Name Novendri M. Nggilu

Contact Email novendrilawreview@ung.ac.id

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Journal Mail Official jamburalawreview@gmail.com

Editorial Address Jl. Jend. Sudirman No. 6 Kota Gorontalo, Gedung Fakultas Hukum Universitas Negeri Gorontalo

Location Kota gorontalo, Gorontalo INDONESIA

Abstract

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Contact Name
Novendri M. Nggilu

Contact Email
novendrilawreview@ung.ac.id

Phone
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Journal Mail Official
jamburalawreview@gmail.com

Editorial Address
Jl. Jend. Sudirman No. 6 Kota Gorontalo, Gedung Fakultas Hukum Universitas Negeri Gorontalo

Location
Kota gorontalo,

Gorontalo

INDONESIA