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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Indonesian Coastal Management and Corporate Social Responsibility
Muhammad, Nur Alifhia;
Haning, Moch Thahir;
Yunus, Muhammad
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.5764
This study examines the effectiveness of PT Huadi Nickel Alloy Indonesia's Corporate Social Responsibility (CSR) program in the coastal area of Bantaeng Regency, South Sulawesi, Indonesia, focusing on its impact on the local community, particularly in addressing clean water scarcity due to industrial activities. A qualitative approach with a descriptive method was employed, using interviews, observations, and document analysis to collect data from key informants. The effectiveness was analyzed using three indicators: goal attainment, integration, and adaptation. The results show that the CSR program has provided positive impacts but has not been entirely comprehensive due to budget limitations and conflicts among community members. The integration of the program has been facilitated through communication and coordination between stakeholders, but further efforts are needed to enhance integration and align the program with the community's needs. The adaptation has been supported by local government regulations, but strengthening collaboration is necessary to ensure sustainability. In conclusion, despite limitations and challenges, the CSR program has provided positive impacts for the coastal community. Further efforts are required to increase coverage, expand beneficiaries, and strengthen collaboration to ensure the program's sustainability and effectiveness in improving the welfare of the coastal community
Legal impact and criminal challenges of the spread of false information on social media in the digital era
Gultom, Maidin;
Flora, Henny Saida;
Munawwarah, Siti;
Simbolon, Netty Mewahaty;
Endrawati, Eka Ari
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.5804
The purpose of this research is to examine the criminal difficulties and legal ramifications of the modern era's epidemic of disinformation on social media in an effort to come up with thorough answers to these issues. The proliferation of hoaxes and other forms of misinformation has threatened Indonesia's social, political, and economic stability in recent years, thanks to the proliferation of social media and other forms of online communication. Another major problem with prosecuting hoaxers is the difficulty of law enforcement in the digital sphere, which includes factors like the anonymity of the offenders, different interpretations of rules, and the general public's lack of competence with digital technology. A descriptive-analytical technique is used in the research method of normative legal studies. In order to find problems and provide answers, this study compares applicable rules with international standards, namely the Criminal Code and the Electronic Information and Transactions Law. Laws, judicial judgments, and other primary legal documents are complemented by secondary legal items such as scholarly publications and literature. The study's findings reveal that despite the existence of laws like the Electronic Information and Transactions Law, its execution is often hindered by the international character of cyberspace and the dearth of funding for digital forensics tools. To combat these issues, the report suggests more adaptable regulation updates, societal efforts to increase digital literacy, technological advancements for law enforcement, and international collaboration. Additionally, law enforcement must strike a balance between protecting individuals' right to free speech and discouraging criminal behavior
Examining 5 types of evidence in article 1866 of the civil code as a pillar of civil law enforcement in Indonesia
Kupang, Frisca Melati
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.5818
This research examines the use of five categories of evidence as defined in Article 1866 of the Civil Code (KUH Perdata) in the digital age, particularly electronic evidence as a legitimate form of proof. This research also outlines legal and practical challenges in employing non-traditional evidence in Indonesian civil justice. Normative legal study is descriptive and juridical-analytical. Along with associated rules and regulations, periodicals, legal literature, and comparative studies of other nations' legal systems are employed. The research found that although Article 1866 of the Civil Code provides a fundamental foundation for civil law evidence, the legal vacuum around electronic evidence produces legal ambiguity and inconsistency in court application. Lack of technical rules for digital evidence authentication, judge interpretation variances, and law enforcement technological competence are further challenges. Legal reform to incorporate electronic evidence, technical training for lawyers, technological infrastructure development, and Civil Code and Electronic Information and Transactions Law harmonization are suggested answers. This research offers an integrated strategy including all stakeholders to construct a civil law evidence system that is sensitive to contemporary changes and ensures justice and legal clarity for all parties
Coalition and opposition in the perspective of Indonesian constitution
Jamila, Jamila
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.5819
This paper examines the coalition and opposition in the Indonesian constitutional system based on the 1945 Constitution and how political dynamics between them affect executive legislative supervision. In Indonesia's multi-party presidential system, a dominating coalition and a weak opposition make checks and balances difficult. This study combines a normative legal research technique using a normative descriptive approach to map the coalition and opposition and a juridical-analytical approach to examine legislative oversight's legal and practical restrictions. Along with scientific research and comparisons of political systems in other nations, the 1945 Constitution, associated statutes and regulations, and Constitutional Court rulings are employed. The research found that although the 1945 Constitution does not directly govern the coalition and opposition, political practices in Indonesia reveal that the coalition dominates and the opposition is divided and ineffective. The inadequate parliamentary monitoring of executive policies, which are typically formality, is affected. To ameliorate this political dynamic, legal change to formalize opposition regulation, legislative capability, and electoral system simplification are recommended. The research concludes that political and legal change is needed to guarantee Indonesian democracy upholds people's sovereignty and government accountability.
Optimization of asset confiscation in prevention and eradication of money laundering
Tute, Cahyani
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.5820
Transnational money laundering threatens economic stability and national security. One effective way to end this crime is to confiscate assets to stop the flow of criminal cash and prohibit their utilization. However, legal complexity, technological asset tracking hurdles, institutional coordination issues, and international collaboration issues hinder asset seizure in Indonesia. The lack of openness and accountability in seized asset management damages the state and lowers public faith in the judicial system. This work analyzes the asset confiscation mechanism specified in Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering and other associated laws using a normative legal research technique with a descriptive and juridical-analytical approach. As well as the Money Laundering Law and the Criminal Procedure Code (KUHAP), this research uses literature, periodicals, and comparative analysis with foreign legal systems. This research optimizes asset confiscation and identifies legal, technological, and administrative barriers. The analysis found that although the legislative foundation is appropriate, its execution is difficult. Weak law enforcement cooperation, technical limits in asset monitoring, and legal loopholes that produce variations in the reverse burden of evidence principle hinder asset confiscation. Additionally, inadequate asset management repeatedly costs the state money. To improve asset management transparency and accountability, legislative modifications, cross-institutional and international collaboration, and contemporary technology are required.
Cyanide traces in coffee mystery of wayan mirna salihin's death
Diu, Raimun M. Yunus
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.5821
The legal evidence procedure in the Wayan Mirna Salihin murder case, involving Jessica Kumala Wongso, is examined in this paper. Cyanide content is the key evidence. The research evaluates the validity and robustness of scientific evidence, specifically toxicological analysis, and how it is incorporated into the Indonesian criminal justice system using normative legal methodologies with descriptive-analytical and juridical-empirical approaches. The study data comprises legislation, court papers, and secondary legal information from scientific publications and journals. Results of the research show that cyanide levels in coffee is important to confirming murder. CCTV video, toxicological expert testimony, and motivation analysis convinced the court that Jessica mixed cyanide. The defense team questioned the laboratory test procedure and the absence of direct witnesses, casting doubt on this evidence. The Indonesian court system uses scientific and circumstantial evidence, yet popular opinion and controversy still affect justice views. Jessica was sentenced to 20 years in jail. This research concludes that Indonesia's legal evidence system needs improvement, particularly in scientific evidence management and proof criteria. Improvements to judicial openness and forensic competence are suggested to achieve substantive justice in difficult instances.
Handling victim blaming in cases of sexual violence against women (KBGO) by law number 12 of 2022
Ishwara, Ade Sathya Sanathana
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.5835
Women are considered vulnerable groups, accounting for the majority of sexual violence victims. People often place partial or complete blame on women for the sexual violence they have experienced. This relates to the concept of gender equality, patriarchal culture, and the mass media. This research aims to provide a comprehensive understanding of the Sexual Violence Crime Law through literature studies, based on the principle that the best interests of the victim can reduce and prevent the occurrence of victim blaming. The research method applied is normative legal research, which uses a statutory and conceptual approach. The results of this research demonstrate the existence of various forms of victim blaming, their associated impacts, and the role that the Law of the Republic of Indonesia Number 12 of 2022 concerning the Crime of Sexual Violence plays in preventing and reducing victim blaming. Therefore, we anticipate that the results of this study will enhance our understanding of criminal law, particularly in the context of handling victim blaming in sexual violence cases, and offer valuable insights for government and law enforcement officials in the areas of law enforcement, public order, and public peace.
Mechanism of Commuting the Death Penalty to Imprisonment Based on Scientific Evidence
Mahar, Yovianes
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.6005
This study discusses the application of the death penalty in the National Criminal Code (KUHP Nasional)) and the legal mechanism related to the commuting of the death penalty to imprisonment for 20 years or life. Although the National Criminal Code accommodates the death penalty as an alternative punishment, there is an urgency to reconstruct a clear mechanism related to the commuting of criminal forms, in order to avoid abuse of power. This study uses legal research methods, with psychological, and philosophical approaches, to analyze the differences between the provisions of the death penalty in the colonial and national codes, as well as the implications of their application. One of the main focuses is the importance of psychological assessment in determining whether a convict deserves a reduced sentence, taking into account factors such as remorse, empathy, and emotional stability. The results of this study show that the punishment commuting mechanism requires further regulation and transparent evaluation to ensure fair and accountable decisions
Legal protection for investors in cases of illegal cryptocurrency-based investments in Indonesia
Pratama, Rizki;
Angriani, Jum
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.6080
Cryptocurrency-based investments in Indonesia are rapidly developing with advancements in digital technology, but illegal investment practices often harm investors. The low level of financial literacy and regulatory gaps are exploited to run illegal schemes such as Ponzi and multi-level marketing (MLM), as seen in the case of E-Dinar Coin. (EDC Cash). This research aims to analyze legal protection for investors in cases of illegal cryptocurrency investments in Indonesia. The method used is a normative juridical approach with a literature study and case study. The analysis was conducted on regulations such as the ITE Law and Bappebti Regulation Number 5 of 2019, as well as related court rulings. The research results show that the regulations have not been effective in protecting investors due to weak supervision, lack of synchronization between institutions, and the absence of a compensation mechanism. Strengthening regulations, strict supervision, and digital literacy education are needed to create a safe and transparent cryptocurrency investment ecosystem in Indonesia
Loan to a bank under a credit agreement with a certificate of title as collateral
Ismayani, Ismayani
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v7i2.6096
This research aims to analyse the problems arising in the granting of credit by PT Bank Sumut related to the inclusion of standard clauses in credit agreements that are detrimental to the debtor, in this case Rudi Hartono Silitonga. The case studied involves the provision of a credit facility with the type of KRK-SPK credit worth Rp. 4,500,000,000,- for financing the construction project of Bridge II Sta 0+815-Sta 0+835 (Sigalang-galang II Bridge) in Siantar Martoba District, Pematangsiantar City, which is guaranteed by a Certificate of Ownership (SHM) in the name of Irwan Nasution. The problems that arise are related to violations of the legal provisions governing the inclusion of standard clauses in credit agreements, which are allegedly not transparent and not in accordance with applicable consumer protection provisions. This research uses a normative legal approach to analyse the relevant laws and regulations as well as the credit agreement made unilaterally by the bank. The results showed that the standard clause in the credit agreement used by PT Bank Sumut had the potential to harm the debtor because there was no information disclosure regarding the transfer of obligations and conditions governing the transfer of insurance responsibility. In addition, arrangements regarding the transfer of credit risk are not adequately informed to the debtor, which leads to alleged violations of consumer rights. This research suggests the need for greater transparency in the preparation of clauses in credit agreements and the importance of better fulfilment of legal obligations by lenders to avoid harm to consumers