Journal of Law Science
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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Fulfillment of customary obligations as an alternative punishment (Study in Wet Sesait Indigenous Community)
Atika Zahra Nirmala;
Aryadi Almau Dudy;
Suheflihusnaini Ashady;
Ayu Riska Amalia
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v6i2.4939
Indonesia recognizes several legal systems that apply in society, one of which is customary law. The purpose of this research is to find out the mechanism for fulfilling customary obligations as an alternative to punishment in the Wet Sesait indigenous community and to find out the position of fulfilling these customary obligations. This research is empirical legal research. The results showed that the fulfillment of customary obligations is carried out if there are Wet Sesait indigenous people who violate the rules that exist in the community where the settlement mechanism is through tau loka empat, while the position of fulfilling customary obligations as an alternative to punishment is more important than state law, where for all Wet Sesait people who commit violations even though these violations are also regulated in state law, namely criminal law, but the Wet Sesait community chooses to resolve through custom and sanctions will be carried out by tau lokak empat. So here is reflected the form of punishment in the Wet Sesait customary law community in the form of fulfilling customary obligations as an alternative to punishment carried out by the state.
Analysis of family law related to divorce due to parental interference
Rina Septiani;
Fira Mubayyinah
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v6i2.4967
This research aims to describe the form parental intervention in the child's household cause divorce and analysis of Islamic family law regarding parental intervention in household of children which causes divorce. This research is a normative-empirical type of research. This research describes and describes how parents intervene in the household children who cause divorce. This research describes and describes how parents intervene in the household children who cause divorce are then analyzed through family law This research produced two findings. First, Parental intervention in a child's household can lead to divorce. This is based on the child's mindset who still depend on parents and children who still live with other people. secondly based on family law analysis parental intervention in their child's household is not could be a reason for divorce, but this conflict triggers the birth of reasons be grounds for divorce. actually parental intervention in their child's household is permitted but first we will see how far the intervention has gone. Divorce due to parental intervention is not included in the classification of reasons for divorce, However, this problem will fall under Article 116 KHI letter (f), namely constant quarrels and no hope of getting along again.
Criminal Law and Human Rights: Challenges and Enforcement
Deassy J.A. Hehanussa;
Carolina Tuhumury;
Ardiyanti Aris;
Viorizza Suciani Putri;
Wahab Aznul Hidaya;
Ontran Sumantri
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v6i2.4987
Recognising the variety of legal and non-legal tools accessible to react to these challenges within the framework of transitional justice, this research delves into a multi-faceted approach to addressing significant human rights breaches. In both permanent and ad hoc Human Rights tribunals, the primary emphasis is on the function of Truth and Reconciliation Commissions as an alternate or supplementary mechanism to conventional judicial proceedings. This research explores the concept of transitional justice and how it can help victims of human rights violations in the past achieve justice by focusing on truth-telling, reconciliation, and healing. It does this by analysing the dynamics of power transitions from authoritarian to democratic systems. The study's overarching goal is to provide light on the pros and cons of using transitional justice to put an end to egregious human rights abuses and lay the groundwork for long-term social and peace
Inheritance, civil procedure, and justice: a critical analysis
Feibe Engeline Pijoh;
Nanda Dwi Rizkia;
Neni Hardiati;
Rahmat Setiawan;
Sahrul;
Henny Saida Flora
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v6i2.5016
This research will use the writings of two contemporary Islamic legal experts, Nasr Hamid Abu Zayd and Muhammad Syahrur, to delve into the idea of gender equity in Islamic inheritance and wills. This research uses a philosophical and analytical approach to clarify how the two thinkers reach a more egalitarian and gender-neutral understanding of religious texts concerning inheritance law. The analytical descriptive approaches are used to describe and investigate Islamic legal ideas and positive law enforcement mechanisms relevant to gender issues and inheritance. The research shows that both experts believe that ijtihad and adapting Islamic law to contemporary society are crucial to achieving gender equality and justice. There is mounting evidence, including this research, that Islamic inheritance law may need a reevaluation in view of advances in gender equality and other notions of inclusive social justice
Legal Analysis of the Crime of Premeditated Murder and Theft (Decision Study Number 81/Pid.B/2023/Pn.Dps
I Putu Edi Rusmana;
Bagus Gede Ari Rama
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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This article aims to analyze a criminal case, especially one that focuses on murder and robbery, as well as discussing the relevant law applied to the case. This research is normative legal research, which specifically includes examination and analysis of library materials, court decisions, or secondary data. The methods used include legal, factual, conceptual and interpretive approaches. This research focuses on the problems that occurred, first, how to prove the elements of the crime of murder and theft in case Number 81/Pid.B/2023/Pn.Dps? and the second problem is what are the legal implications applied to case Number 81/Pid.B/2023/Pn.Dps? After analysis, it has been proven legally and convincingly by the defendant that they committed murder as stated in Article 339 of the Criminal Code Jo. Article 55 section (1) which concerns criminal acts prior to murder. The legal consequence of this case is that defendant NSP was sentenced to 18 years in prison and R was sentenced to 20 years in prison. R received a longer prison sentence than NSP due to his previous criminal record of repeated theft
Analyse the role of leadership ethics in organisations
Ika Widiastuti;
Mulyaningsih Mulyaningsih
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v6i2.5041
This research aims to analyze and determine leadership ethics in organizations. The method used is descriptive qualitative research method. Leadership in an organization is a complex and vital process. This is a factor that differentiates some leaders who are more successful than other leaders. According to Peter Koestenbaum, leadership is the art of combining results and heart. Humanity as the key evidence of a great leader. Vision (thinking big and new), reality (sensitive to facts without illusions through humility and openness), ethics (integrity and obligation to serve and be sensitive to dealing with people), and courage (responsible for actions and ready to take risks). The results of the research are Leadership ethics relates to the interactions and responsibilities of public leaders towards the wider community and the need to establish good relationships with everyone based on certain ethical standards.
Commodification of Workers and Quality of Reporting on YouTube
Noerma Kurnia Fajarwati;
Rizqi Fitrianti
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v6i2.5044
In the digital era, a number of media use YouTube to distribute their content in order to gain new profit opportunities from social media. This research aims to determine the commodification of workers on YouTube and determine its impact on the quality of news. The research uses qualitative methods with a case study approach and data collection using documentation and literature studies. The results of this research found that the heavy work carried out by media workers and the minimal wages of media workers because they are not equivalent to a journalist's living wage mean that the practice of commodification is still ongoing. YouTube is one of the media's efforts to maintain its existence, so that the creativity of content creators becomes evidence of the commodification of workers which provides profits for the media. Regarding the quality of news, this research found that content creators generally only pursue what is common to public consumption, so the news that is broadcast is generally only done to meet normative quality standards
Women's Self-Concept Has a Dual Role in Career and Household
Eka Susilawati;
Noerma Kurnia Fajarwati;
Dedeh Fardiah;
Neng Putri
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v6i2.5046
Self-concept is a person's image of knowing themselves, which is a combination of beliefs about their physical, psychological, social, emotional, aspirations and achievements. Women with dual roles in career and household have different self-concepts according to the meaning they receive from their environment. The research method uses a qualitative approach. The research results concluded that a career woman means a woman who has a job and is financially independent, whether working for someone else or having her own business, who has a self-concept as a smart woman and a modern woman. Career women even try to prove that they are capable of carrying out their duties well and being successful in their careers. Meanwhile, women's roles in the family are divided into three, namely: as wife, mother and child, all of which require duties and responsibilities in accordance with their roles. The position of women in the family and society needs to be maintained and improved so that they can make the greatest contribution to national development by paying attention to their nature and dignity. As a wife, a woman plays a role in serving her husband, fulfilling her obligations towards her husband because behind a great man (husband) there is a great woman (wife) too. A girl child has an equal position with a boy so parents should provide the broadest possible education
Construction of News Headlines in Influencing Public Opinion: A Study of Hypodermic Theory : A Study of Hypodermic Theory
Rizqi Fitrianti;
Noerma Kurnia Fajarwati;
Eka Susilawati;
Endayani Endayani;
Amelia Amelia
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v6i2.5055
The choice of diction in news headlines is a construction to produce meaning that can influence audiences. A news headline can influence our cognition to produce behavioral changes. Audiences gain influence as a result of the concept of hypodermic or needle theory as an effect of mass communication. This theory assumes that audiences are unable to resist the messages and influences carried out by the media in a news story. The purpose of this research is to find out the extent to which the construction of a headline on the news can influence readers' opinions. So that readers are directly affected by the news message. The method used in this research is a descriptive qualitative approach from various literature reviews using the constructivism paradigm. The theory used to identify problems is the hypodermic theory. The result of this research is that audiences are actively or passively influenced by the message of the title given by a news story in the media. The headline is the first step of a message in influencing the reader's opinion
Interfaith Marriage: A Perspective of Law Number 1 of 1974
Khairun Na’im;
Faisal Sadat Soaduon Harahap;
Dahris Siregar
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v6i2.5056
Indonesian society has many different ethnicities, races, and religions, interfaith marriage became a recent practice. According to Marriage Legislation 16th of 2019, which amends the 1974 Law No. 1, should the bride and groom's respective faiths forbid marriage, then there is no law permitting a marriage between two potential brides who practise different religions. In this study, it observes how marriages of different religions are regulated by Indonesian marriage law, what makes the marriage law different in terms of religion and what the legal consequences are. The study's research technique was normative legal research. The statutory method is used, or the statute approach, and descriptive research is used. Secondary data gathered from public documents and literary studies in the form of books or documentation are the types and sources of data used. Research shows that marriage between as to the 1974 Marriage Law No. 1, it is forbidden to marry persons of different faiths. Because marriages of different religions not fulfil the legal prerequisites for marriage as outlined in the provisions. To determine invalid marital status, none of the conditions mentioned refer under Law No. 1 of 1974's Article 2, that regulates matrimony. Children born from marriages of different religions are considered illegitimate and cannot inherit from their fathers.