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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 21 Documents
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Search results for , issue "Vol. 7 No. 1 (2025): January: Law Science" : 21 Documents clear
Juridical review and implementation of child custody rights in court decision number: 144/PDT.G/2021/PN.SIM Ginting Munthe, Hottua Natalia; Sidauruk, Jinner
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5724

Abstract

A family is formed by a legal marriage event both according to religion and the State and in accordance with applicable laws and regulations. In a marriage, it is certain to crave the presence of children to fill a family and produce a complete household. In addition, children are also the successors of their parents' descendants and as the successors of the nation. After having children, parents have the main and important obligations and responsibilities in assisting the growth and development of children. The role of parents is the first teaching in a child's life in the process of shaping and building a good child's character is the obligation of parents in caring for, maintaining and educating until their children grow up. This parental obligation is certainly supported and regulated in Article 45 of Law Number 1 of 1974 concerning Marriage. However, there are many problems in the household that cause conflict between husband and wife in a marriage which causes various problems. One of the problems that occurs as a result of divorce is the transfer of child custody. This research is a type of research normative juridical research on the provisions of Marriage Law number 1 of 1974, with data analysis using a statutory approach and secondary data using scientific journals.
Thugs and village politics: Analysis of social capital in the dynamics of village head elections in Sinjai Regency Agustirawati, Agustirawati; Sukri, Sukri
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5849

Abstract

The election of village heads is one form of democracy in the village. The concept of democracy is what provides the basis and mechanism of power based on the principle of equality and human equality. Democracy places humans as the owners of sovereignty which is then known as the principle of people's sovereignty. To fulfill the rights of each human being cannot be achieved by each person individually, but must be together. Along with the rapid development and construction as an impact of globalization, the phenomenon of thuggery has emerged as one of the negative impacts that occur indirectly from the development of globalization. The phenomenon of the emergence of political thuggery must be prevented as early as possible by all existing political forces, and political parties are actually most responsible for the emergence of this political thuggery, especially for political parties, either directly or indirectly, which encourage the emergence of mass action and the plundering of government power.
Strategic issues in the reform of the criminal procedure code towards an inclusive and effective criminal justice system Yusuf, Arni
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5874

Abstract

Law Number 8 of 1981 established the Criminal Procedure Code (KUHAP) as the foundation of Indonesia's criminal justice system. However, the Criminal Procedure Code faces significant challenges in maintaining relevance to contemporary legal and societal developments, particularly regarding victim recovery, functional differentiation among law enforcement institutions, and the protection of suspects’ and defendants’ procedural rights. This research aims to evaluate the Criminal Procedure Code's effectiveness in addressing these challenges and propose reforms to create a more inclusive and effective criminal justice system. Employing normative descriptive and juridical-analytical methodologies, the study examines relevant legal provisions and identifies practical solutions. The key findings highlight the Criminal Procedure Code’s inadequacies in facilitating restorative justice for victims, its lack of clear institutional coordination mechanisms, and barriers to procedural rights accessibility for suspects and defendants. The research contributes by advocating for revisions to the Criminal Procedure Code to incorporate restorative justice principles for victim recovery, strengthen coordination among law enforcement agencies, and enhance the accessibility of procedural rights for suspects and defendants. These reforms aim to enhance the efficiency of the legal system and deliver substantive justice for all stakeholders involved.
International agrarian conflict on palm oil plantations in Indonesia Ali, Agustin
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5875

Abstract

International agricultural disputes between foreign plantation businesses and indigenous Indonesians demonstrate the intricate relationship between customary, national, and international civil law. Customary law is acknowledged in Indonesian law, although formal legality that favors foreign investment hinders its application, often resulting in indigenous peoples losing access to customary land crucial to their economic and cultural well-being. This paper examines how international civil law affects multinational plantation firms' agricultural conflicts and their obligation to indigenous peoples. The research employs a normative and comprehensive-juridical approach, analyzing national rules, international legal documents like the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and case studies. The findings reveal that the conflict between customary, national, and international civil law is the most significant barrier to resolving these disputes. Foreign firms often advocate for international arbitration, which undermines local and indigenous mechanisms. The absence of harmonization between customary practices, national legal frameworks, and international standards further complicates determining the applicable law. Additionally, while international corporate responsibility norms like the UN Guiding Principles on Business and Human Rights exist, foreign companies frequently disregard their social obligations to indigenous communities. The study contributes to the field by emphasizing the need for harmonized legal frameworks and proposing practical solutions, including strengthening the recognition and enforcement of customary law, implementing Free, Prior, and Informed Consent (FPIC) mechanisms, and embedding international principles into national policies. These measures aim to achieve equitable resolutions by balancing economic development with indigenous rights and environmental sustainability, offering a model for resolving cross-border agrarian disputes in similar contexts.
Implications of civil procedure law reform on judicial practice Yasin, Husain N
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5876

Abstract

In order to address the persistent issues of complexity and inefficiency in Indonesia's judicial system, reforms to civil procedural legislation aim to enhance accessibility and streamline processes. This study examines the effectiveness of these reforms, focusing on challenges such as overly formal procedures and insufficient human and technological resources, using a normative descriptive and juridical-analytical methodology. The findings highlight the positive impact of innovations like e-court systems in simplifying litigation processes, though the success of these reforms hinges on addressing technical infrastructure, enhancing judicial human resource capabilities, and fostering a transformative shift in legal culture. Practical implications of this research include providing actionable insights for policymakers to prioritize investments in technology and training, ensuring that procedural reforms benefit all societal segments, including rural and marginalized communities. The study contributes to the justice system by offering a blueprint for creating a more inclusive, efficient, and people-centered judiciary in Indonesia, fostering greater public trust and procedural fairness.
Dilemma of law enforcement against the risk of legal error in forced confessions Asril, Inayah Dzulhijjah
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5884

Abstract

The goals of criminal law enforcement are the prevention of crime and the upkeep of justice via an open and equitable judicial system. On the other hand, mistakes in identifying criminals are a common consequence of the criminal justice system's use of coerced confessions. Not only does this occurrence undermine public confidence in the justice system, but it also breaches human rights. Victims of coerced confessions have tragic consequences; in the Sengkon and Karta instances, for instance, the individuals were convicted of crimes in which they had no role. The case highlights systemic issues with how law enforcement investigates, uses evidence, and is overseen. In order to chart the connection between coerced confessions and mistake in persona, this research employs a normative legal strategy with a descriptive-analytical methodology. Furthermore, the research evaluates the efficacy of current legislation and suggests ways to avoid future problems by using a juridical-evaluative method. Legal sources used for this study range from main sources like the Criminal Procedure Code and the Convention Against Torture to secondary sources like literature reviews and case law. The study's findings suggest that outdated regulations, outdated forensic technology, a lack of public legal education, and a lack of external control mechanisms are all necessary for the legal system to improve in order to eradicate coerced confessions. By using these measures, the public's faith in the criminal justice system may be enhanced while the likelihood of individual errors is reduced. In order to help victims of wrongfully arrested recover their dignity, the research also suggests using a restorative justice strategy.
Realizing synergy between the ministry of communication and informatics and the national cyber and crypto agency in the era of government digitalization Usman, Reynaldi
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5887

Abstract

In particular, overseeing cybersecurity and the protection of personal data in Indonesia has become more difficult in the modern digital age. Inconsistencies in policy often lead to disputes of authority between the National Cyber and Crypto Agency (BSSN) and the Ministry of Communication and Informatics (Kominfo), despite their strategic responsibilities in fostering digital transformation. The absence of effective governance is caused by the overlapping jurisdiction in managing personal data and cybersecurity, which is the fundamental concern. The purpose of this normative descriptive research is to examine legislative measures that might resolve the authority issue between the National Cyber and Crypto Agency and the Ministry of Communication and Informatics. This approach of study delves into both primary and secondary sources of law, including statutes, regulations, and case law from throughout the world. In order to construct a thorough analytical framework, the research also investigates public administration and state administration theories. Findings suggest that formal technical laws, improved coordination mechanisms, and alternative conflict resolution processes like mediation or arbitration may bring about authority synchronization. Furthermore, the efficacy of inter-agency cooperation may be enhanced by enhancing institutional capacity and incorporating best practices from other nations, including Singapore and the European Union. State sovereignty in the cyber world is intended to be strengthened by the proposals that follow, which should help establish a government that is more inclusive, responsive, and flexible in the face of digitalization's problems.
Legal responsibility for the utilization of artificial intelligence that has occurred system error from the perspective of criminal law Fransisco, Wawan; Hafrida, Hafrida; Kusniati, Retno
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.6021

Abstract

Every advancement in artificial intelligence and every application built on it must be accompanied by considerations of law, ethics, and humanity. Complex legal issues are inextricably linked to this quick development. The purpose of this study is to determine, examine, and address the legal liability that results from defects in artificial intelligence. Criminal liability is the primary focus of the artificial intelligence issue. The report offers comprehensive insights into recent legal developments, regulatory initiatives, and suggestions to get over these challenges as a result of this investigation. As a result, this study advances knowledge of the legal dynamics surrounding AI legal liability and encourages more conversation in this field.
Reformulation and optimization of birth certificate services of the population and civil registration office serang district Permana, Deni; Saepudin, Eli Apud; Kamilah, Fithrotul
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.6029

Abstract

The rate of delay in issuing birth certificates in Indonesia is significant, potentially hampering children's access to basic rights such as education, health and other public services. Based on data compiled by the Central Statistics Agency (BPS) and other relevant institutions, it is estimated that more than 20% of births in some regions in Indonesia are not recorded on time. This delay is caused by various factors, including limited access to civil registration services, lack of awareness about the importance of birth certificates, and technical and bureaucratic obstacles that hinder the registration process. As a result, many children do not have birth certificates within the appropriate timeframe. This study aims to improve the quality of birth certificate services at the Disdukcapil of Serang Regency to make it faster, easier and more affordable for the community. Through a series of analysis and evaluation, several innovative solutions were found that can be implemented. With this reformulation, it is expected that the community can obtain their children's birth certificates more quickly, so that children can access various public services such as education and health without obstacles. The type of research used in this study is descriptive research with a qualitative approach. The location of this research was Serang Regency. This research aims to reformulate and optimize the implementation of this program.
Legal protection for MSMEs in digital trade regulation in Indonesia: A study of aspects of intellectual property rights, business competition, and consumer protection Pramana, Yorie F
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.6033

Abstract

The development of digital trade in Indonesia presents significant opportunities for Micro, Small, and Medium Enterprises (MSMEs) to grow but also poses substantial challenges in legal protection. MSMEs face issues such as weak protection of intellectual property rights (IPR), unhealthy business competition, and inadequate consumer protection. This phenomenon highlights the need for an in-depth analysis of existing regulations and their implementation in the context of digital trade. This study employs a normative juridical method with a statute approach and case approach to analyze relevant regulations, such as Law No. 28 of 2014 on Copyright, Law No. 5 of 1999 on Prohibition of Monopolistic Practices, and Law No. 8 of 1999 on Consumer Protection. The findings reveal that although the regulations provide a sufficient legal framework, their implementation is hindered by the lack of MSME awareness, complex administrative processes, and weak oversight. The results of this research recommend that the government simplify procedures, improving legal and digital literacy, and strengthening oversight to create an inclusive and sustainable digital trade ecosystem.

Page 2 of 3 | Total Record : 21

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