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INDONESIA
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 29 Documents
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Search results for , issue "Vol. 6 No. 1 (2024): January : Law Science" : 29 Documents clear
Implementation of rehabilitation sanctions for victims of narcotics abuse for the sake of legal certainty Ryan Adhi Pradana; Hartana Hartana; Nyoman Tio Rae
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4253

Abstract

Drug abuse poses a serious global threat, including in Indonesia. To address this issue, the implementation of rehabilitation sanctions as an alternative to imprisonment has been introduced by law. However, despite aiming to protect and aid victims of drug abuse, the application of rehabilitation sanctions faces significant challenges regarding legal certainty. Research, using a normative legal approach and content analysis of narcotics and rehabilitation regulations, along with a study of court decisions related to rehabilitation sanctions, reveals fundamental issues. One key finding is the inconsistency in defining drug abuse victims, impacting the understanding and implementation of rehabilitation sanctions. Moreover, the term "may" in the law creates ambiguity concerning judges' obligations to impose rehabilitation sanctions. Practical constraints, like limited rehabilitation facilities and inadequate understanding of rehabilitation approaches among law enforcement, also affect effectiveness. Addressing these issues requires clarifying definitions, enhancing law enforcement's understanding through training, and improving rehabilitation facilities. The goal is to provide comprehensive protection and optimal recovery for those affected by drug abuse, ultimately benefiting Indonesia's criminal justice and rehabilitation systems.
Analyzing youth perceptions as millenial generations oters in an effort to understand democracy, political parties, and the 2024 elections Sulkiah Hendrawati
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4270

Abstract

Currently in Indonesia is in a political nuance where soon the Indonesian people will elect representatives of the people's representatives who will continue the work programs whether continuing with the previous work program or with a new work program where in 2024 the fate of the Indonesian nation will be determined in February on the 14th of 2024 the people's party is a democratic party where. People who already have E-KTP have the right to vote in determining the future of the country here the elections will be held simultaneously in 34 provinces 18 political parties plus 6 local parties from Aceh Province. Millennial youth are currently reluctant to play politics because the level of literacy is not understood by both political parties and elections later in 2024 based on a survey of the term democracy in millennial voters they ignore because of the presence of social media that sees the previous leader there is work after the position is almost over when the new elected butuk wants to be re-elected, so millennial youth are indifferent, rejecting government policies, demonstrations, government / politicians / officials only think of themselves, so millennials currently lack trust, lack of response to the 2024 election.
Collaboration between local government and related stakeholders in the child friendly district program in Cirebon regency Rakhmat Hardiyansyah
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4280

Abstract

Indonesia has a child friendly regency/city program which is a collaborative development system that guarantees the fulfillment of children's rights and special protection for children. The problem is that collaboration in child-friendly districts in Cirebon Regency has not been running optimally, this can be seen from the evaluation results of child-friendly districts in each cluster of child-friendly districts. Stakeholders have not implemented commitment programs and programs together, so there is a need for governance in their implementation. This research aims to increase collaboration in realizing a child-friendly district in Cirebon Regency. This research uses qualitative methods with primary and secondary data collection. Data collection techniques in this research used primary data, secondary data, observation, interviews, literature study and documentation. The results of the research show that cooperation is good but not optimal in implementing communication and commitment to implementing child-friendly district programs. Several problems can be seen from budget limitations, coordination between institutions and lack of commitment to program sustainability. Therefore, to increase collaboration, local governments and stakeholders need commitment, communication and budget support in activity programs so that they can be accommodated well.
Legal protection of passengers in a train accident Dhina Setyo Oktaria; Akbar Zulkarnain
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4327

Abstract

Train accidents consist of train-to-train collisions, derailments, rollovers, and fires. Legal protection for train accident victims has an essential role so that the victims' rights are protected. The method used in this research is the Legal Research Method with Juridical Review. Legal protection for train accident victims is contained in the 1945 Constitution, and regulations from the Ministry of Transportation include Law No. 23 of 2007, Government Regulation No. 62 of 2013. There is also a separation of powers between the government and train operators related to their duties and authority in responsibility for train accidents and train accident victims. The results obtained were that apart from the statutory regulations governing railway accidents, there was a need for a unified system between technical operations, human resource capabilities in the railway sector, and public awareness as train users.
Marriage guardian examination in banjar district: A situational approach and regulatory discretion Fauziyah Hayati
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4350

Abstract

This research explores the practices of examining the completeness of marriage guardian requirements at the Religious Affairs Office (KUA) in Banjar Regency. Despite the examination being carried out in accordance with the existing regulations, it is undeniable that there are challenges in the field, leading to occasional adjustments in the examination process based on the prevailing situations and conditions. The objective of this study is to uncover the reasons behind these practices based on the Minister of Religious Affairs Regulation No. 20 of 2019.This research employs an empirical legal study with a qualitative descriptive approach. The aims are: (1) To understand the practices of examining marriage guardians at the KUA in Banjar Regency, and (2) To identify the reasons underlying the variations in the examination of marriage guardians at the KUA in Banjar Regency. The analysis reveals that at the KUA in Banjar Regency (including Beruntung Raya Sub-District, Gambut Sub-District, and Kertak Hanyar Sub-District), examinations of marriage guardians are conducted in accordance with the applicable regulations but still occur on a situational basis. Recognition from the marriage guardian is not solely verbal but also aligns with the valid documents in Indonesia. Prudence is highly emphasized in these examinations, although some are based on the principle of trust alone.
Regional autonomy is forum for political education that is reflected in regional head elections Firstnandiar Glica Aini Suniaprily; Muhammad Aziz Zaelani; Hanuring Ayu Ardhani Putri
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4374

Abstract

In regional autonomy, there are three types of delegation of authority, namely, Deconcentration, Decentralization, and Assistance Tasks. Meanwhile, the way to elect legislative members in provinces and regencies / cities, governors, regents / mayors is by direct elections. Often the election of regional heads and legislative members, which is a political product of regional autonomy, still experiences various problems. This research uses a normative juridical research method with a statutory approach, namely an approach carried out by examining all laws and regulations related to the case or legal issue to be studied. In the statutory approach method, it is necessary to understand the hierarchy of laws and regulations and the principles in laws and regulations. In addition to using a statutory approach, the author also uses a library research approach to collect secondary data. Autonomy is not intended for the purpose of separating a region to be able to break away from the Unitary State of Indonesia. The purpose of granting autonomy to the regions is to enable the regions concerned to organize and manage their own households for the benefit of improving the welfare of the community. The conclusion of the paper with the title Regional Autonomy is a Container for Political Education Reflected in the Regional Head Election (Pilkada) is Regional autonomy in this case is a delegation of authority from the Central Government to the Regional Government, which has laws and regulations to bind and regulate its implementation, is a form of equal rights and obligations, and provides the breadth to regulate existing resources in each particular region in order to equalize development and increase the economic power of the region.
Problematics of Indonesian women migrant workes (towards a civilized country through the welfare state from a Pancasila perspective) Widya Hartati; Sandy Ari Wijaya
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4422

Abstract

Protection of the human rights and legal rights of Indonesian women is implicit in the Preamble to the 1945 Constitution, namely in the fourth paragraph and Principle V (five) and is guaranteed by the Constitution and is clearly regulated in the applicable laws and regulations. However, the fact is that the Government, as a working instrument of the state, has not been truly present to guarantee the lives of women in Indonesia, including the right to life, work rights, social security, and work protection for women who are still victims of physical violence and sexual violence. So that Indonesia must be present to improve itself in maintaining the dignity of women, both regulations and employment opportunities, as well as a decent life for women towards a civilized country through the Pancasila Perspective Welfare State. Furthermore, this type of research is normative with a qualitative model while still paying attention to empirical problems with document collection techniques and previous research results.
Discretion and management of the covid-19 pandemic: Indonesia’s experience in facing the health crisis Muhammad Doing; Bujang Ali; Dedi Yamin
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4454

Abstract

With this study, we want to better understand the role of discretion in the Indonesian government's response to the COVID-19 outbreak, so that we may develop a more equitable and effective policy framework while reducing unintended consequences for as many people as possible. To understand and evaluate legislative regulations and government decisions, especially in the context of social restriction policies and their impact on individual basic rights, this study employs a normative juridical approach, which necessitates analysis of primary, secondary, and tertiary legal materials and the use of legal hermeneutics. According to the findings, Indonesia's legal framework explicitly provides for the use of discretion when dealing with COVID-19, allowing the government and state authorities to respond swiftly and properly to changing circumstances. The key to preventing abuse of authority and prejudice is ensuring openness, accountability, and human rights values in the exercise of discretion. To make sure discretion is both responsive and respectful of democratic norms and human rights, we suggest regulatory changes and strengthened human rights-based supervision procedures.
Shopeepay later in Indonesia: Navigating credit and payment issues in digital markets Bujang Ali; Muhammad Doing; Fitriani Fitriani
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4456

Abstract

This research seeks to comprehend ShopeePay Later credit in Indonesian laws and regulations and examine the dispute resolution mechanism for Financial Technology Peer to Peer Lending using ShopeePay Later. The normative juridical and economic law approach analyzes applicable laws and regulations, statistical data, case studies, and economic literature. Legal hermeneutic analysis interprets and applies legal documents to ShopeePay Later. The research shows that ShopeePay Later must follow Indonesian law and economics, including payment failure and sanctions. According to Law no. 30 of 1999, legal protection for users of this service is divided into preventive and repressive forms, with an emphasis on preventive measures and preparation of effective dispute resolution mechanisms like Alternative Dispute Resolution (APS).
Understanding the issues of failure to pay life insurance claims: A perspective on absolute responsibility at PT. Jiwasraya Purwanto Purwanto; Muhammad Doing; Riduwan Riduwan
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4458

Abstract

The purpose of this study is to examine the principle of absolute responsibility as it is used in Indonesian statutes, with a focus on how it impacts the legal liability of business actors, in particular insurance firms, when it comes to the nonpayment of claims made by policyholders. Using primary, secondary, and tertiary sources together with legal hermeneutics analysis, the technique used is normative juridical with a statutory approach. This study's findings suggest that insurance firms' legal liability is affected when the concept of absolute responsibility is applied; specifically, that an insurer's failure to meet its contractual duties may constitute a criminal act. The courts and alternative dispute resolution methods like mediation are used to settle legal disputes. Insurance firms in Indonesia need to pay greater attention to consumer rights and adopt improved governance in order to win back the public's faith in the sector. Absolute obligation, insurance firm, failure to pay, claims made by policyholders, statutory law, are all relevant concepts here.

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