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INDONESIA
Journal of Law Science
ISSN : -     EISSN : 26849658     DOI : -
Core Subject : Humanities, Social,
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 16 Documents
Search results for , issue "Vol. 7 No. 3 (2025): July: Law Science" : 16 Documents clear
Reconstruction of article 4 of the law on corruption and the implementation of restorative justice oriented towards the return of state financial losses Ndururu, Paternus
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6277

Abstract

Corruption remains a pervasive issue, affecting all levels of society, from power holders to both the public and commercial sectors. This study investigates the implications of Article 4 of the Corruption Law regarding corrupt perpetrators and its effectiveness in restoring state financial losses. Employing a normative juridical research method, the study underscores the importance of Article 4 in law enforcement against corruption, particularly in financial recovery efforts. This article serves as a crucial balance between penalizing corrupt practices and ensuring accountability, emphasizing that corruption is a grave crime that requires more than just monetary restitution. The findings suggest that the eradication of corruption in Indonesia, as outlined in Law No. 31 of 1999, aims to restore national finances and the economy, highlighting the recovery of state financial losses as a fundamental objective. Specifically, Articles 4 and 18(1)(b) provide a framework for this recovery approach. The study recommends that the government and the House of Representatives prioritize revisions to the Corruption Crime Law to enhance the focus on state financial recovery, thereby strengthening the fight against corruption in the country.
Legal consequences of the postponed gubernatorial election in Central Kalimantan (January 27, 2016) Ridho, M. Rosyid
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6295

Abstract

The exercise of people's sovereignty in a direct democracy is realized through general elections, including Regional Head Elections (Pilkada). This study aims to analyze the legal implications of the postponed gubernatorial election of Central Kalimantan, which was eventually held on January 27, 2016. The method used is normative juridical analysis by reviewing relevant laws and regulations, as well as decisions issued by the General Elections Commission (KPU). Data were obtained from legal documents and regulations governing the implementation of Pilkada. The findings indicate that the Indonesian KPU and the Provincial KPU of Central Kalimantan committed unlawful acts by failing to conduct the election on the predetermined date and by scheduling a follow-up election without a solid legal basis. It is concluded that these actions are inconsistent with the prevailing legal provisions and have legal implications for the legitimacy of the election in Central Kalimantan.
Reconstructing justice-based legal protection for mental health patients in Indonesian Clinics Masithoh, Anny Rosiana; Wahyuningsih, Sri Endah; Bawono, Bambang Tri
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6296

Abstract

People with mental disorders are often stereotyped as being involved in criminal acts, especially violence and threats to the safety and security of those around them. This perspective causes people with mental disorders to be feared and shunned, even though they need care and protection. Regional governments are responsible for providing mental health services for their communities and playing a strategic role in managing and preventing mental health issues. In Kudus, there are still displaced people with mental disorders who have not received proper care. The local government can progressively address mental health issues through regulatory instruments to ensure that people with mental disorders receive the appropriate treatment and support they need. This study aims to examine the mental health policies of the Kudus local government, emphasizing policies prioritizing human rights. The research uses a normative juridical method involving a thorough analysis of policies concerning people with mental disorders in the Kudus district. The results show that although the Kudus Regional Government has established policies related to mental Disability and mental health, these policies do not sufficiently address the prevention of mental disabilities or fully incorporate human rights considerations.
Juridical review in civil law on acts of default (wanprestasi) in land sale and purchase agreement cases (case study: Decision number 840/Pdt.G/2023/PN Mdn) Situmorang, Frandika; Marbun, Jonatan; Purba, Bonaraja
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6305

Abstract

This research was conducted to provide a juridical analysis concerning acts of breach of contract occurring in a land sale and purchase agreement based on the Case Study of Decision Number 840/Pdt.G/2023/PN Mdn. The legal issues addressed in this research include the definition, elements, and legal consequences of unlawful acts and breach of contract in the context of land sale and purchase agreements. The research method used is a normative juridical approach by analyzing court decisions as the primary data source. The results of the study indicate that in the case under review, both unlawful acts and breach of contract may lead to the cancellation of the agreement and the obligation to provide compensation. The conclusion of this research emphasizes the importance of legal protection for parties involved in land sale and purchase agreements, aiming to ensure that rights and obligations are realized in accordance with the applicable laws and regulations.
Law enforcement against online fraud on e-commerce platforms based on law no. 19 of 2016 Sofiyana, Nurani; Prastyanti, Rina Arum
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6318

Abstract

The rapid spread of information and communication technology, particularly e-commerce, has changed the way economies transact around the world, expand markets, and make it easier. However, along with these advances, a new problem has arisen in the form of increasing cases of online fraud that are detrimental to consumers. Online fraud, especially those that occur on e-commerce platforms, is one of the main problems that threatens consumer trust in companies (Hartanto, 2016). This qualitative study was carried out with normative juridical methods. This method looks at laws and regulations, case studies, and academic research. The study found different types of online fraud, ranging from sending goods that don't fit the description or counterfeit goods to using the wrong payment system. Despite the fact that the ITE Law provides a strong legal basis for cracking down on fraudsters, there are several challenges in implementing it (ZAHRA, 2025). These include constraints with digital forensic human resources and difficulties in identifying and tracking perpetrators. Additionally, the lack of digital literacy makes the situation worse because consumers are more vulnerable to fraud. As a result, this study suggests increasing the technical capacity of law enforcement officials, cross-sector collaboration between the government and the public, and better digital literacy programs to create a safe, fair, and trustworthy e-commerce ecosystem (Andreaningrum et al., 2024).
Politics of tax law in supporting the progress of the digital economy Hasiholan, Samuel
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6327

Abstract

This research explores Indonesia's tax collection system, which operates on a self-assessment basis, relying on taxpayers' trust and responsibility to calculate, deposit, and report their taxes. With the rapid growth of the digital economy, regulatory gaps may arise, potentially leading to under-collection of taxes and affecting state revenue. The main issue addressed is whether current tax policies adequately support the advancement of the digital economy. The study employs normative juridical research, analyzing legal materials such as laws, regulations, and societal norms related to taxation. The findings indicate that some tax policies aim to facilitate the digital sector, including tax incentives for startups and micro, small, and medium enterprises (MSMEs). These incentives are intended to stimulate innovation and growth within the digital ecosystem. However, their implementation and effectiveness require periodic evaluation. The conclusion emphasizes that tax collection must adhere strictly to existing laws, ensuring that levies intended for state purposes are regulated legally. The study also recommends ongoing socialization efforts about e-commerce tax regulations, particularly whenever updates occur, not only for MSMEs utilizing marketplaces but also for cross-border e-commerce actors. Engaging relevant stakeholders, especially the Ministry of Finance, is crucial to ensure compliance and maximize revenue from the expanding digital economy
Policy on the Implementation of Restorative Justice for Prisoners in the Implementation of the Correctional System Hartarto, Nurcahyo Dwi; Masu, Reny Rebeka; Medan, Karolus Kopong
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6335

Abstract

Restorative Justice is an alternative method of resolving criminal cases within the criminal justice system that can be implemented at every stage of legal proceedings are pre-adjudication, adjudication, and post- adjudication. Corrections constitute a component of the criminal justice system at the post-adjudication stage, where restorative justice can also be applied to inmates serving sentences in correctional institutions. The rehabilitation programs currently implemented in correctional facilities still rely on the concept of retributive theory, which focuses primarily on the offender, leaving the victim’s interests largely unaddressed. The implementation of restorative justice in correctional institutions aims to restore the relationship between the offender and the victim through mechanisms such as compensation, reconciliation efforts, and rehabilitation. Inmates who have undergone restorative justice processes within correctional institutions may be eligible for release during the assimilation phase without having to wait for full reintegration. The government is expected to issue a comprehensive regulation for all law enforcement agencies as a foundational guideline for implementing restorative justice within the criminal justice system, along with technical guidelines or instructions that serve as a legal framework for correctional officers in applying restorative justice to inmates in correctional facilities
Comparative Study endowment Productive in Southern Thailand and in Indonesia Syahputri, Dela; Rangkuti, Ahmad Zuhri
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6338

Abstract

This study compares the implementation of productive waqf in two Islamic educational institutions: Chariyasasana Islam School in Songkhla, Thailand, and Al-Uswah Kuala Islamic Boarding School in Langkat, Indonesia. Using a qualitative method through interviews, observation, and documentation, the study explores waqf management models, resources, challenges, and socio-economic impacts. Chariyasasana integrates waqf with zakat, infaq, and sedekah, which together fund about 45% of its operational needs. These funds support income-generating activities such as fish farming, which help finance scholarships and school programs. Al-Uswah focuses on developing a school cooperative and small businesses like a bakery and minimarket, contributing around 30% of the school’s income and helping subsidize tuition for underprivileged students. Both institutions face challenges such as limited regulatory frameworks, shortage of skilled human resources, and low public awareness of productive waqf. Despite this, both show positive outcomes: improved financial self-reliance, broader student access, and stronger community engagement. These findings highlight the potential of productive waqf to sustain Islamic education and support local economies. The study recommends enhancing cross-border cooperation, developing clear regulations, and providing training for waqf managers to replicate and scale successful models in other regions
Innovation of Semarang City National Land Agency Office in preventing land rights dispute based on complaint service and e-certificate Sri Rahayu, Fanny Agustina
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6388

Abstract

Land certificates are issued as proof of ownership and the interests of rights holders who have registered with the National Land Office. It is hoped that the issuance of certificates as juridical data can minimise the occurrence of land certificate disputes, but in fact what happens in the field there are still land certificates in dispute, this usually occurs because of a sense of dissatisfaction that is subjective and there are parties who feel disadvantaged by other parties. This article aims to analyse the innovation of the Semarang City National Land Agency Office in preventing land certificate disputes using a normative juridical approach combined with empirical juridical. From the results of the research, it can be concluded that the innovations made by the Semarang City National Land Agency Office are providing complaint services and updating physical land certificates (analogue) to electronic land certificates (sertipikat-el), one of the reasons for this innovation is expected to reduce and prevent land certificate disputes in Semarang City. The Semarang City Land Office was ranked first in issuing the most electronic certificates for routine services in fiscal year 2024, indicating that the implementation of innovations has been effective and efficient
Effectiveness of the Principle of Dominus Litis in Enforcement of Criminal Procedure with Legal Certainty Saputra, Dadin Eka
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6480

Abstract

Study This to study effectiveness implementation the principle of dominus litis in system enforcement criminal procedure law in Indonesia which emphasizes importance certainty law. The principle of dominus litis as principle that prosecutor's office own control main in the investigation and prosecution process, plays a role important in system justice criminal. However, its implementation must balanced with strengthening harmonization regulation legislation related For avoid overlap overlap authority between institution enforcer law, in particular between police and prosecutors. Findings study show that implementation the principle of dominus litis which is not notice principle differentiation functional and provisions of the Criminal Procedure Code can cause conflict authority and inhibit achievement effective and efficient justice. Therefore? that, recommendation given so that the government in formulate policy more notice protection law for public seeker justice, with to uphold principle certainty law as guidelines main judicial process criminal . Research This give contribution important in understanding and development system justice just and based on criminal law certainty law

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