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Novendri M. Nggilu
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jamburalawreview@gmail.com
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INDONESIA
Jambura Law Review
ISSN : 26549255     EISSN : 26560461     DOI : 10.33756
Core Subject : Social,
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.
Arjuna Subject : -
Articles 90 Documents
Fulfilling the Right of Education during Covid19 Pandemic Period: A Comparative Study Hwian Christianto; Michelle Kristina
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (383.42 KB) | DOI: 10.33756/jlr.v4i1.10512

Abstract

The right of education for citizens has been fulfilled diversely following the government policies. This study aimed to emphasize the importance of the education right and the imposition of criminal sanctions in order to protect the right of education during the Covid-19 Pandemic particularly in Indonesia, Japan and Australia. Normative juridical research methods described that government policies as outlined in the legislation constantly followed by criminal sanctions. The concept of education right was understood in a different way during the Covid-19 pandemic, as one of the derogable-right or adapted human right. For its fulfillment, some education right uses criminal sanctions as a primum remidium, an ultimum remidium, or does not impose criminal sanctions at all. The right of education still reman as a very important human right even during the pandemic period
The Relevance of Legal Protection to Human Rights Related to Euthanasia Law in Indonesia Yusrianto Kadir; Leni Dwi Nurmala; Nurwita Ismail
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.754 KB) | DOI: 10.33756/jlr.v3i2.7111

Abstract

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.
Legal Certainty Of Aggregate Data Utilization In The Design Of Personal Data Protection Bill Desi Ariani Sinulingga
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (477.258 KB) | DOI: 10.33756/jlr.v4i1.11973

Abstract

The government has prepared Bill on Personal Data Protection (PDP Bill) that comprehensively regulates the personal data protection of society. One of the provisions in the PDP Bill, which is considered to be an obstacle in digital economy growth is an exclusion of the rights of Personal Data holders and the obligations of Personal Data processors for Aggregate Data, which are only intended for the purpose of state administration. As a result, the utilization of Aggregate Data for various purposes both research and business cannot be carried out by the community. In this study, a research method with the normative juridical and analytical descriptive approach is used that focuses on laws and regulations, and library materials such as literature and journals. The regulation of Aggregate Data in the PDP Bill is contrary to the theory and Aggregate Data rules in other countries, which argues that Aggregate Data is not Personal Data. Therefore, Aggregate Data as a whole is excluded or removed from the regulation of Personal Data Protection, whether intended for the Government interest or other purposes. 
Regulation and Protection of Cloud Computing: Literature Review Perspective Maskun Maskun; Rian Nugraha Anwar
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (441.132 KB) | DOI: 10.33756/jlr.v3i2.10639

Abstract

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.
The Problem of Diversion in Children Perpetrators of Traffic Violations in Indonesia Lafri Prasetyono Prasetyono
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (449.125 KB) | DOI: 10.33756/jlr.v4i1.11419

Abstract

Children as perpetrators of traffic accidents that cause fatalities, this is one of the classic problems related to the application of the legal system and its functionalization by law enforcement officials in Indonesia. How is the protection of children in the juvenile criminal justice system related to the Diversion Problems in Children Traffic Violators in Indonesia? Regarding the Criminal Code and Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation and Law Number 11 of 2012 concerning the Juvenile Justice System as regulated in Article 1 paragraph (7), Article 12, Article 52 verse 5. The results of the research found that there are still disparities (differences) in the law enforcement process in Indonesia for children as traffic offenders and other findings related to diversion techniques are found in the Indonesian Police Criminal Investigation Unit No. Pol.: TR/1124/XI/2006 which provides instructions and rules that can refer to the completion of diversion efforts. Diversion efforts at the level of investigation related to Law no. 11 of 2012 concerning the Criminal Justice System, the prosecution and examination of children's cases in district courts have not been implemented optimally so it is recommended that at the level of investigation, prosecution, and examination of children's cases in district courts it is advisable to make diversion efforts.
The Right to Obtain Free Assistance and Legal Protection for The Indigent People Through Legal Assistance Organizations Julius Mandjo; Mohamad Taufik Zulfikar Sarson
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (303.188 KB) | DOI: 10.33756/jlr.v3i2.9424

Abstract

The purpose of this study is to analyze the right to obtain free legal assistance and protection for indigent people through legal aid organizations in Gorontalo city. This research was conducted using an empirical juridical approach. The legal issues continue to occur in big cities and other provinces, such as Gorontalo province, as the 32nd province in Indonesia. Legal issues that are increasingly happening from both the upper and lower classes are still a problem in the jurisdiction of the Gorontalo district court. However, sometimes the problems that afflict the indigent people have minimal legal protection, even though they have constitutional rights as citizens to obtain legal assistance for the indigent people in the constitution. Act number 16 of 2011 concerning Legal Aid, even the Gorontalo government has issued Gorontalo Provincial Regulation Number 10 of 2015 concerning the implementation of Legal Aid for the indigent people. With the aim that all people have the right to obtain legal assistance for free or free of charge.
Do Consumers of Online Transportation Services Get Legal Protection? Elfrida Ratnawati Gultom; Meta Indah Budhianti
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.039 KB) | DOI: 10.33756/jlr.v4i1.11392

Abstract

Currently all the desired needs can be easily obtained, including the transportation of people or goods from one place to the destination. Only by downloading an online-based transportation application and pressing a button on a smartphone, the two- and four-wheeled transportation process can be carried out. Who is responsible in the event of an accident to passengers and damage to goods in the online-based transportation process? Do passengers and property owners get legal protection? is the subject matter that will be discussed in this article. The normative research method is used in this article, using secondary data and then processing it qualitatively by describing it descriptively. The conclusion obtained is the legal relationship between online vehicle drivers and the company as a liaison operator between the driver and passengers or the owner of the goods bound in a partnership agreement is responsible for consumer losses, this is written in the terms and conditions. Passengers and goods owners receive legal protection and compensation from online-based companies as operators due to accidents and damage to goods caused by online drivers.  
Optimization of Regional Revenues Through Tax Revenues Regulation Mirza Nasution; Muhammad Yusrizal Adi Syaputra
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (376.213 KB) | DOI: 10.33756/jlr.v4i1.11499

Abstract

This study aims to examine the Role and Function of the Agency for tax management and regional levy of North Sumatra Province in improving regional income. The research method used is normative legal research method with secondary data. Qualitative analysis is used to analyze problems. The results of the research obtained that Local Tax and Levy Management Agency plays an important role in the improvement of Locally-Generated Revenue North Sumatra through the receipt of Local Taxes. Regional Tax Receipts derived from Motor Vehicle Tax and Public Surface Water in North Sumatra are still low because that Local Tax And Levy Management Agency North Sumatra has not had a strategic policy that can support and improve the Locally-Generated Revenue of North Sumatra Province through Motor Vehicle Tax and Public Surface Water, a Limited number of human resources and low quality of human resources competencies in Local Tax And Levy Management Agency North Sumatra is one of the obstacle factors that Local Tax and Levy Management Agency does not run optimally.
Application of The Concept of Maslahah by Judges to Issuance of Marriage Dispensation Due to Pregnancy in Religious Courts Nur Mohamad Kasim; Indra Saputra Daud
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (341.597 KB) | DOI: 10.33756/jlr.v4i1.10999

Abstract

The purpose of the study was to determine the substance of the granting of marriage dispensation due to pregnancy and to describe the implementation factors of the provision of marriage dispensation due to pregnancy in the Religious Courts. The research method used is sociological juridical research using a qualitative approach and taking three research locations in the Gorontalo area, namely the Gorontalo Religious Court, the Suwawa Religious Court and the Limboto Religious Court. This study uses prescriptive legal analysis. The results of the study, namely, substantially the provision of marriage dispensation due to pregnancy, namely the judge's consideration regarding legal considerations governing and applying the concept of maslahah if marriage dispensation is accepted/rejected the implementation factor of granting marriage dispensation due to pregnancy is considering the fate of a child who, if born without status, is rejected if the request for a marriage dispensation is rejected.
Hostile Takeover Law and the Challenges in Market for Corporate Control: A Comparative Analysis between Indonesia and the United Kingdom Yeselia Salim; Ulya Yasmine Prisandani
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (449.847 KB) | DOI: 10.33756/jlr.v4i2.8534

Abstract

The concept of hostile takeover is still unrecognized under Indonesian laws and regulations despite its importance in keeping the corporate board in check and corporate governance better implemented in a company. This article seeks to explore the extent of the current environment and regulation in Indonesia able in accommodating hostile takeover in relation to the market for corporate control in Indonesia by using hostile takeover as a mechanism to measure. A comparative analysis is then conducted with the United Kingdom United Kingdom as a country with an active market for corporate control, specifically with the methods employed to deal with hostile takeover.