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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 27 Documents
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Search results for , issue "Vol. 6 No. 3 (2024): July : Law Science" : 27 Documents clear
Legal protection of personal data of banking customers in Indonesia: Human rights perspective Rama, Bagus Gede Ari; Rusmana, I Putu Edi
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5122

Abstract

The digital era has rapidly transformed various sectors, including the banking sector. The use of the internet in banking transactions has made transactions easier, faster, and more efficient. However, the efficiency of these transactions comes with risks. The implementation of banking activities in Indonesia is accompanied by the precautionary principle, as the government is obligated to provide direction and guidance on economic growth and create a healthy business climate. Mobile banking has experienced a significant increase in Indonesia, with banks like Bank BRI, Bank BNI, Bank Mandiri, and Bank BCA experiencing significant increases in users. However, the rise in mobile banking users is also accompanied by threats related to data leakage. The banking sector has experienced rampant cyber attacks in 2024, indicating that customer data security is vulnerable to hacking and misuse. This study aims to discuss the nature of legal protection for personal data of banking customers from a human rights perspective and the model of legal protection for banking customer data in Indonesia.
Implementation of the principle of presumption of innocence of suspects in investigations, pre-trial and trial examinations Sukadana, Dewa Ayu Putri
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5128

Abstract

The principle of presumption of innocence is a fundamental legal principle in the justice system to protect the rights of suspects. Law No. 8 of 1981 concerning Criminal Procedure Law (KUHAP) Article 66 of the Criminal Procedure Code explains "every person suspected of committing a criminal act is deemed innocent, until a court decision is made that has permanent legal force." This means that as long as the decision has not been changed, the defendant or suspect cannot be blamed. The application of the principle of presumption of innocence has become the main basis in the modern justice system to guarantee justice and protect individual rights. This article explores the significance and implementation of the presumption of innocence in the context of protecting the rights of suspects in the justice system. Through an overview of the literature and context analysis, this article outlines the basic principles of the principle of presumption that brings truth and its influence on the process of examining disputes. Apart from that, this article also discusses the challenges and efforts to ensure the effective implementation of the principle of presumption of illegality in legal practice.
Navigating the quantum future: Legal perspectives from the united states and saudi arabia Jarri, Fatema Al; Alshayib, Rawan; Alrakah, Arwa; Ali, Layan Al; Alshayeb, Sara; Nagy, Naya
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5155

Abstract

Quantum computing (QC) is emerging as a transformative technology with the potential to revolutionize computation and surpass classical computers in more aspects. However, this power presents unique legal challenges and cybersecurity threats that need to be considered. This article critically examines the legal frameworks governing Quantum computing in the United States and Saudi Arabia. It discuss the recent research, discoveries, and partnerships in the QC landscape employed in Saudi Arabia and the future. It evaluates how current regulations in Saudi Arabia address emerging technologies like QC and contrasts them with US federal law. Furthermore, this article explores the potential legal challenges posed by QC advancements. It proposes adjustments to existing regulations to include quantum considerations. The findings suggest that although both countries have robust cybersecurity frameworks, proactive measures like updating intellectual property rights and data protection laws are essential for navigating this technological revolution
Responsibility of the state assets and auction services office (Kpknl) in the lawsuit for the implementation of the auction for the execution of mortgage rights Nauw, Vernando Anderson William; Salmon, Hendrik; Lekipiouw, Sherlock
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5178

Abstract

The role of the auction is quite large in meeting the needs of the community, with the principles of fairness, transparency / openness, legal certainty, accountability, and efficiency to provide another way of buying and selling at the best price which is characterized by competition between enthusiasts or prospective buyers. This research uses qualitative methods with primary data types. The results showed that the implementation of the auction by the KPKNL was in accordance with the Regulation of the Minister of Finance No. 213 /PMK.06/2020 concerning guidelines for the implementation of auctions, but there are still obstacles, namely auction participants do not understand the requirements of auction documents, lawsuits are made by the parties. debtors or owners of collateral and auction objects are less in demand by the public. The occurrence of a lawsuit by the parties is caused by a party who feels aggrieved in the implementation of the auction carried out. The lawsuit material that is often disputed by the parties is Unlawful Acts through the District Court and requests for cancellation of Legal Products resulting from the implementation of auctions, namely Minutes of Auction through the State Administrative Court (PTUN).The author's advice to the KPKNL to increase the intensity of communication with the community so that the public does not hesitate to participate in KPKNL auction activities
Enforcement of the income tax statement law to foreign companies taxable abroad in Indonesia Maulana, Ayang Fristia; Khusaeni, Khusaeni; Choerunnisa, Najwa; Febriana, Hanum; Husna, Virda Sofiatul
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5185

Abstract

This study discusses compliance with income tax (PPh) regulations for Indonesian tax collectors. In this study used library research and descriptive methods. Collecting taxes on the profits of foreign companies is one way the Indonesian government raises taxes. By increasing the number of foreign companies receiving funds from Indonesia through the General Administration to comply with the law as stipulated in the regulations of the Act No. 28 of 2007 on Taxation, as well as the Law No. 7 of 1983 on Income Tax.  The tax authorities need to take further steps to ensure effective taxation of the profits of foreign companies in Indonesia.  The aim of this effort is to ensure that receiving state taxes, especially taxes collected from foreign companies, is more effective.
The urgency of setting up additional zones and its implications for underwater cultural heritage in Indonesia Putri, Jennifer; Utamie, Nindya; Qulub, Andi; Muna, Inas
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5198

Abstract

Indonesia has a maritime strategic position covering more than sixty percent of its territory, making it one of the strongest countries in the maritime sector. However, this position also carries potential threats, so strict maritime regulations are required by the 1982 UN Convention on the Law of the Sea (UNCLOS), which Indonesia ratified through Law No. 17 of 1985. One of these regulations is the concept of an additional zone extending up to 24 nautical miles from the baseline, where coastal countries can enforce laws related to customs, immigration, sanitation, and fiscal matters. Even though it is mandated in Article 8 Paragraph 3 of Law No. 32 of 2014 concerning Maritime Affairs, Indonesia still needs to formalize its authority in this zone, giving rise to legal uncertainty, especially regarding protecting underwater cultural heritage (UCH). Given Indonesia's rich maritime history and significant underwater cultural assets, such as shipwrecks, the lack of clear regulations puts these assets at risk of unauthorized salvage and loss. This research emphasizes the need for special legislation regarding Indonesia's additional zones to protect its maritime heritage, ensure legal certainty, and improve maritime governance. This study seeks to highlight legal gaps and propose a firm regulatory framework to protect underwater cultural heritage in Indonesia's additional zones using normative legal research methods, including case studies and analysis of primary and secondary data sources
An analysis of the implications of taxation on equity in relation to national development Maulana, Ayang Fristia; Apiati, Siti Nurfadilah; Arofah, Laila; Aditiya, Arya; Solihin, Muhammad
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5199

Abstract

Taxation is a very important instrument for a government in collecting funds to finance various development programs, the nature of this tax is mandatory. Apart from that, this tax system can be designed as well as possible, by making it a tool to achieve social and economic justice, through income redistribution. National development is taxation carried out effectively with the aim of reducing economic imbalances between regions and increasing investment in social services. Excessive or unfair taxation can discourage investment and can destroy incentives to work. This increase in taxes on development can be done to increase the number of buildings owned by Indonesia. With tax reform that focuses on justice and efficiency, this can support a more sustainable national development.
Resolving criminal acts of sexual abuse committed by children against children using a restorative justice approach in the Kudus police area Wibowo, Andrias; Hidayatullah, Hidayatullah
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5216

Abstract

Currently the Kudus Resort Police is prioritizing preventing the rise of sexual crimes where the perpetrators and victims are children, by providing education to students so that they can use social media wisely. This research is qualitative research. The approach method used in this research is a sociological/non-doctrinal juridical approach. The data from the research comes from primary data and also secondary data which is then analyzed descriptively qualitatively. The results of the research show that: 1) Resolving criminal acts of sexual harassment committed by children against children using a restorative justice approach can be concluded as follows, that sexual harassment is carried out by children against children is a serious problem that requires appropriate treatment. The restorative justice approach offers a different approach in resolving this case, with a focus on victim recovery, building understanding, and responsibility for the perpetrator. So, in order for its implementation to be appropriate and good, it must pay attention to the following matters: Identification and Understanding of Cases, Involvement of Related Parties, Recovering Victims, Fostering Empathy and Responsibility, 2) Obstacles that may be faced in resolving criminal acts of sexual abuse committed by children against children. children with a restorative justice approach include: The need for safety and protection for victims, difficulty reaching an agreement, complexity of the case, lack of cooperation from the perpetrator, limited resources, legal challenges
Legal protection of children as witnesses in sexual harassment cases based on law no. 11 of 2012 on the juvenile justice system Asnawi, Asnawi; Hidayat, Rahmat; Maulana, Ayang Fristia; Jumhana, Enjum
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5221

Abstract

Children as witnesses in criminal cases often experience vulnerability and require adequate legal protection given the effects of psychological and social trauma they face during the judicial process. The rights of children as witnesses are often not in accordance with the provisions of Law No. 11/2012 on the Criminal Justice System and existing legal protection practices. There are situations where child witnesses do not receive adequate assistance or guidance. This study aims to determine and analyze legal protection, criminal law provisions against the juvenile justice process against children who are used as child witnesses in sexual harassment cases and to find out the obstacles faced by related institutions in the juvenile criminal justice process. The method used in this research uses a normative method carried out by examining the study of library materials or secondary data. The research conducted has a descriptive nature aimed at providing a description of the social symptoms studied. Sexual abuse cases involving children as witnesses or victims are a serious problem in the criminal justice system. Children who become witnesses often face high challenges and risks during the judicial process, both in terms of psychological and legal protection. The research concluded that the protection of children as witnesses in the settlement of criminal cases is very important considering the fact that witnesses and victims often do not receive adequate protection and face intimidation, so they are reluctant to provide testimony in court.
Effectiveness of regional government authority regarding mining business permits post presidential decree number 55 of 2022 concerning mineral and coal mining management Darman, Melani; Riyanti, Indah
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5235

Abstract

The mining business is a business that has the most layers of regulations. This is because in addition to the various types of mining, it is also because the mining processing process is so complex. Judging from the legal review, the mining regime has experienced very significant changes. At that time, the mining regime used a contract of work model between mining companies and the government, both local and central government. In practice, contracts of work provide opportunities for mining companies to control mining areas for a certain period of time. At this time the mining regime is the licensing regime. This was marked by the issuance of Law No. 4 of 2009 concerning Minerba. Based on the law, the relationship between mining companies and the government is no longer a partner relationship, but rather a government administration relationship. In the process of perfecting the legal system, in 2022, the government will again issue a regulation regarding the delegation of authority from the central government to regional governments with regard to the management of mineral and coal mining. This Government Regulation is considered very appropriate and effective. Mining of non-metallic minerals and coal involves many small-scale mining companies or small-scale mining companies. So it is hoped that permit arrangements will be adjusted to the needs of small-scale mining

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