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Journal of Law Science
Published by Institute of Computer Science
ISSN : -     EISSN : 26849658     DOI : -
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP is managed to be issued three times in every volume. The Scope of Journal of Law Science is: -Law: including civil law, criminal law, administrative law, military law, constitutional law, international law. -Judiciary: including judicial case management and management of the judicial apparatus.
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Articles 5 Documents
 1 
Search results for , issue "Vol. 4 No. 3 (2022): Law Science" : 5 Documents clear
Examination of The Legal Regime for Combatting Trafficking in Persons in Nigeria Kingsley Osinachi N. Onu
Journal of Law Science Vol. 4 No. 3 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i3.2552

Abstract

Human trafficking is one of the biggest challenges of the 21st Century. The Sub Saharan Africa seems to be the center point of this global epidemic. Nigeria is an origin, transit and destination point for global trafficking in persons. This paper uses a doctrinal research approach to examine the legal regime for combatting trafficking in persons in Nigeria and argues that Nigeria must be more proactive in its fight against human trafficking. This paper finds that poverty, weak legal system, armed conflicts, climate change, family imbalance and greed among other factors, contribute to trafficking in persons. This paper finds that there exist a plethora of legislations on human trafficking in Nigeria, such as the Constitution of the Federal Republic of Nigeria 1999, as amended in 2018; Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2015; the Immigration Act 2015; the Criminal and Penal Code Acts; the Child’s Right Act and the African Charter. This paper finds that these extant legal frameworks in Nigeria are frost with several lacunas that will hamper and ultimately defeat the fight against human trafficking. The paper therefore makes suggestions on how to remedy the observed lacuna. The paper concludes by stating that the fight against human trafficking must be a collective effort by all. Human rights are not safe anywhere until all persons have enough of the same everywhere.
An Historical Appraisal of the EU-ACP Trade Relations: Blessing or Curse? Kingsley Osinachi N. Onu
Journal of Law Science Vol. 4 No. 3 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i3.2553

Abstract

There is a maxim that no man is an island. The above proclamation stands valid for country states additionally, as no country has ever effectively created with shut fringes. This demonstrates the certainty of exchange relations among countries. The Europe and the Africa, Caribbean and the Pacific (ACP) have been trading ever before the advent of slave trade up to date; and are strong trade allies up to date. It is a relationship that initially begun on the premise of business associations between early European wayfarers and indigenous anglers most particularly in the seaside regions of the Delta. This article examines these trade relations from pre-colonial period up to the extant Economic Partnership Agreement of 2007 that is being negotiated.  This article finds that it was the pre-colonial trade relations that enjoyed parity between the two parties, however, the affairs changed during the slave trade era when the trade changed from the products to the producers. This article further finds that ACP did not profit much from the subsequent agreements; this finding is hinged on the fact that after the seven centuries of the EU-ACP trade association, 39 out of the 70 ACP states remain among the Less Developed Countries. This article also finds that this poor performance can be attributed to both internal and external factors. This article advocates for a paradigm shift from the status quo to a regime where reciprocity should be based on achievement of human centered socio-economic indicators in ACP States. It further recommends the adoption of AU proposal for Common and Enhanced Trade Preference System (CETPS).
Government Policy in Providing Income Tax Facilities to Investment Companies Based on Government Regulation (PP) No. 62 Year 2008 Puput Dini Lestari; Budiman Ginting; Mahmul Siregar
Journal of Law Science Vol. 4 No. 3 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i3.2756

Abstract

Investment facilities are provided taking into account the level of economic competitiveness and state financial conditions and must be promotive compared to facilities provided by other countries. Investment will only increase if a conducive and healthy investment climate is created and Indonesia's competitiveness is increased as an investment destination. For this reason, the government needs to issue an important policy for the country in facing the global financial crisis that is happening today in the form of providing tax incentives, especially income taxes for investment activities, where the policy is expected to strengthen Indonesia's position in facing the global financial crisis. The formulation of the problem in this thesis is a study of income tax based on Law no. 36 of 2008, policies on tax facilities in investment in order to encourage the creation of a conducive national business climate and can accelerate the increase in investment, as well as provisions for income tax facilities based on Government Regulation (PP) no. 62 of 2008 and the effect of government policies on income tax facilities on the Indonesian economy. The research method used is a normative legal research method. The normative legal research method is a research conducted by collecting data through library research. The written sources or materials used in the writing of this thesis are books, newspapers, and internet searches. Changes in income tax provisions in Law no. 36 of 2008 especially in terms of reducing the income tax rate on taxable income aimed at creating a competitive investment climate in Indonesia. Policy on tax facilities in investment to encourage the creation of a conducive investment climate to strengthen the competitiveness of the national economy. Provision of income tax facilities for investment as regulated in Government Regulation no. 62 of 2008 can stimulate investment that can encourage quality economic growth by absorbing a lot of workers.
Juridical Review of the Legalization of the Deed of Establishment of a Limited Liability Company on-Line through the Sisminbakum Emmy Butarbutar
Journal of Law Science Vol. 4 No. 3 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i3.2758

Abstract

Limited Liability Company (PT) is a form of legal entity in Indonesia. A company obtains the status of a legal entity after the deed of establishment is approved by the Minister of Law and Human Rights. To obtain the legalization of a legal entity, a notary as the power of attorney submits an application for legalization of the establishment of a PT through information technology services for the Legal Entity Administration System (Sisminbakum) electronically to the Minister of Law and Human Rights by filling out the Model I Form. The online legal entity legalization service through Sisminbakum is an issue new in Law no. 40 of 2007 concerning Limited Liability Companies, but in reality the Sisminbakum has been in effect since 2001, while UUPT No 1 of 1995 does not regulate the process of ratifying the deed of establishment of a PT whether it is done manually or electronically. The problem in this thesis is regarding the procedure for establishing a PT based on UUPT No 40 of 2007, the legal basis for the ratification of the deed of establishment of a PT online through Sisminbakum, the procedure for ratifying the deed of establishment of a PT online and the legal certainty of the SK legalization of the legal entity PT which is signed electronically. Sisminbakum is an official website which is a computerized system in ratifying the establishment of a legal entity owned by the Directorate General of General Legal Administration (Dirjen AHU). The application for legalization of the company's deed of establishment is submitted by a notary through the Sisminbakum by filling out the Model I Form I (FIAN I). The steps that must be taken in the FIAN I application through this Sisminbakum are: checking the name, then filling out the Pre FIAN I Supporting Documents (FIAN I Prerequisites) then filling in the data in the FIAN I process then correcting and ending the sending of Physical Documents. If the physical documents are complete and meet the requirements, the Decree will be signed electronically by the Minister of Law and Human Rights and then sent to the notary who requests it. The decision letter for ratification of this PT has strong legal force
Liability Of A Doctor Who Perform A Malpractice (A Review Under Health Law) Benny L.H Hutahaean
Journal of Law Science Vol. 4 No. 3 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The problems that will be discussed by the author in the writing of this thesis are: What are the limitations that can be used to determine that a doctor has committed medical malpractice on a patient; What actions or legal remedies can a patient or his family take if he is exposed to medical malpractice; What sanctions can be imposed on doctors who commit medical malpractice as a form of responsibility of doctors to their patients. The type of research used in this paper is a normative juridical research, namely research conducted on written regulations governing health law and legal materials related to medical malpractice. In discussing medical malpractice involving two different disciplines, namely medical science and health science, this paper will use the "medicolegal approach" which is a way of approaching medical problems through law. Medical malpractice is every action of a doctor (whether intentionally or unintentionally such as negligence, negligence) in carrying out a medical practice, which is not in accordance with medical ethics, medical professional standards, applicable laws and regulations so as to cause harm to the patient such as pain, injury, disability, death and other loss; and for his actions, the doctor must be responsible under administrative law and/or civil law and/or criminal law. Legal remedies that can be taken by patients (or their families) who experience medical malpractice actions consist of: Complaining to MKDKI; suing the doctor; Through the Criminal Court. Doctors who commit medical malpractice may be subject to sanctions based on administrative law and/or civil law and/or as a form of legal liability.

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