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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.
Arjuna Subject : -
Articles 251 Documents
Senif zakat for muallaf in aceh (Overview of Politics, Economics and Psychology of Religion) Muhammad Syarif Syarif
Journal of Law Science Vol. 5 No. 2 (2023): April: Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

It is interesting to study the art of Muallaf in the asnaf of zakat as contained in the letter at-Taubah verse 60, considering that the current condition of Islam is different from the condition at the time of Rasulullah SAW. the current condition of Islam in Aceh is very strong, besidesculture Aceh, which is very thick with Islamic culture, is then supported by legitimacy in the law to carry out Islamic law in a kaffah manner. Therefore, for the existence of converts in Aceh, presumably the practice of the caliph Umar bin khattab above can be implemented properly and needs to be reinterpreted in the meaning of converts according to the conditions of Aceh today. This type of research is descriptive research using a qualitative approach, using literature research methods (literature review) and using narrative analysis writing using descriptive data. Research results show thatConverts are those whose faith is still weak so that they are worried that they will feel uncomfortable in Islam, but if they are given zakat they will certainly be happy. They can also come from Muslim and non-Muslim leaders, they can be rebels who are worried about fighting Muslims, whether they need financial help from Muslims or not. But they can be given zakat based on the assessment of Islamic leaders or the person giving zakat himself. The right to convert still exists, it just depends on each region and its leaders from all ages. Therefore, if there is a reason to tame the hearts of the asnaf Muallaf Qulubuhum, that is to strengthen and defend Islam, then this group can be given zakat as it was done by the Prophet. Baitul Mal Aceh Aceh seems to prioritize productive practices rather than consumptive zakat given to converts. this can be seen from the zakat distribution activities of the muallaf art, namely Business Capital Assistance and Student Fees for the children of the muallaf
Implementation of Legal Protection for Women with Disabilities Victims of Rape Crime in Langkat District Rizky Ayu Sugiani
Journal of Law Science Vol. 5 No. 2 (2023): April: Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

Women with disabilities are weak creatures and have deficiencies in themselves. Women with disabilities are vulnerable to becoming victims of criminal acts, especially women who are vulnerable as victims of rape. Especially women with disabilities in the city of Langkat. Women with disabilities are victims of the crime of rape, so they need a legal protection that is provided based on relevant laws and regulations and already has regulations. It is necessary to provide legal protection, especially legal protection for women with disabilities who are victims of rape in Langkat district. The problem in this writing is in the form of legal regulations, various forms of legal protection provided to women victims of disabilities in Langkat district and prevention that can be taken to reduce the number of criminal acts of rape in Langkat district. The research method used in this journal article is in the form of normative and empirical juridical, analytical description and data collection which is taken through library research and file research.
Cognitive Bias in Forensic Science Aditi Borkar
Journal of Law Science Vol. 5 No. 2 (2023): April: Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

Within the realm of forensic science, there has been a notable surge in recognition of the role of human cognition. This has led to a more comprehensive understanding of the limitations and weaknesses of human decision-making when faced with ambiguity, and how they can impact the admissibility and trustworthiness of forensic research. These limitations are often caused by motivational or cognitive biases, which have led to misidentifications and, consequently, wrongful convictions of innocent individuals. It is critical to address these concerns given the significant impact that forensic science has on society. This article delves into the issue of prejudice and its potential impact on the opinions of forensic professionals in criminal cases, as well as the dangers of bias in several forensic science fields, including fingerprint examination, trace evidence, bullet comparison, and DNA analysis. The essay posits that several factors, such as the quality and clarity of forensic evidence, contextual case information, and subjective interpretation of forensic analysis, can contribute to prejudice. To mitigate bias, various strategies such as blind testing, blind verification, independent review, linear sequential unmasking (LSU), and the filler control approach are recommended. The article evaluates the benefits and drawbacks of these tactics and suggests cross-examination questions that may reveal bias in forensic examination.
Harmonization of the rome statute in the establishment of a human rights court in Indonesia Nunung Rahmania; Atika Zahra Nirmala
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4194

Abstract

The establishment of a Human Rights Court is necessary as there are gross violations of human rights in a country including Indonesia. Indonesia has harmonized the Rome Statute which is considered as the spearhead of the establishment of the Human Rights Court in Indonesia so that law enforcement against gross violations of human rights can be implemented. Therefore, this study aims to analyze and find out about the form of legal harmonization in the Human Rights Court in Indonesia and how the implementation and enforcement of law in the Human Rights Court in Indonesia. The type of research used is normative using a statutory approach and a case approach which is then analyzed descriptively and qualitatively. The results showed that the Harmonization of the Rome Statute in the establishment of the Human Rights Court in Indonesia was carried out partially or there were differences or deviations from the Rome Statute, namely in the Human Rights Court in Indonesia only regulates crimes against humanity, genocide, and the Ad Hoc Human Rights Court established under the Human Rights Court Law. The form of implementation and enforcement in cases of gross violations of human rights in the Human Rights Court in Indonesia has not been running properly because there are still several cases of gross violations of human rights that have not been handled until now.
Implementation of rehabilitation sanctions for victims of narcotics abuse for the sake of legal certainty Ryan Adhi Pradana; Hartana Hartana; Nyoman Tio Rae
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4253

Abstract

Drug abuse poses a serious global threat, including in Indonesia. To address this issue, the implementation of rehabilitation sanctions as an alternative to imprisonment has been introduced by law. However, despite aiming to protect and aid victims of drug abuse, the application of rehabilitation sanctions faces significant challenges regarding legal certainty. Research, using a normative legal approach and content analysis of narcotics and rehabilitation regulations, along with a study of court decisions related to rehabilitation sanctions, reveals fundamental issues. One key finding is the inconsistency in defining drug abuse victims, impacting the understanding and implementation of rehabilitation sanctions. Moreover, the term "may" in the law creates ambiguity concerning judges' obligations to impose rehabilitation sanctions. Practical constraints, like limited rehabilitation facilities and inadequate understanding of rehabilitation approaches among law enforcement, also affect effectiveness. Addressing these issues requires clarifying definitions, enhancing law enforcement's understanding through training, and improving rehabilitation facilities. The goal is to provide comprehensive protection and optimal recovery for those affected by drug abuse, ultimately benefiting Indonesia's criminal justice and rehabilitation systems.
Analyzing youth perceptions as millenial generations oters in an effort to understand democracy, political parties, and the 2024 elections Sulkiah Hendrawati
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4270

Abstract

Currently in Indonesia is in a political nuance where soon the Indonesian people will elect representatives of the people's representatives who will continue the work programs whether continuing with the previous work program or with a new work program where in 2024 the fate of the Indonesian nation will be determined in February on the 14th of 2024 the people's party is a democratic party where. People who already have E-KTP have the right to vote in determining the future of the country here the elections will be held simultaneously in 34 provinces 18 political parties plus 6 local parties from Aceh Province. Millennial youth are currently reluctant to play politics because the level of literacy is not understood by both political parties and elections later in 2024 based on a survey of the term democracy in millennial voters they ignore because of the presence of social media that sees the previous leader there is work after the position is almost over when the new elected butuk wants to be re-elected, so millennial youth are indifferent, rejecting government policies, demonstrations, government / politicians / officials only think of themselves, so millennials currently lack trust, lack of response to the 2024 election.
Collaboration between local government and related stakeholders in the child friendly district program in Cirebon regency Rakhmat Hardiyansyah
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4280

Abstract

Indonesia has a child friendly regency/city program which is a collaborative development system that guarantees the fulfillment of children's rights and special protection for children. The problem is that collaboration in child-friendly districts in Cirebon Regency has not been running optimally, this can be seen from the evaluation results of child-friendly districts in each cluster of child-friendly districts. Stakeholders have not implemented commitment programs and programs together, so there is a need for governance in their implementation. This research aims to increase collaboration in realizing a child-friendly district in Cirebon Regency. This research uses qualitative methods with primary and secondary data collection. Data collection techniques in this research used primary data, secondary data, observation, interviews, literature study and documentation. The results of the research show that cooperation is good but not optimal in implementing communication and commitment to implementing child-friendly district programs. Several problems can be seen from budget limitations, coordination between institutions and lack of commitment to program sustainability. Therefore, to increase collaboration, local governments and stakeholders need commitment, communication and budget support in activity programs so that they can be accommodated well.
Legal protection of passengers in a train accident Dhina Setyo Oktaria; Akbar Zulkarnain
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4327

Abstract

Train accidents consist of train-to-train collisions, derailments, rollovers, and fires. Legal protection for train accident victims has an essential role so that the victims' rights are protected. The method used in this research is the Legal Research Method with Juridical Review. Legal protection for train accident victims is contained in the 1945 Constitution, and regulations from the Ministry of Transportation include Law No. 23 of 2007, Government Regulation No. 62 of 2013. There is also a separation of powers between the government and train operators related to their duties and authority in responsibility for train accidents and train accident victims. The results obtained were that apart from the statutory regulations governing railway accidents, there was a need for a unified system between technical operations, human resource capabilities in the railway sector, and public awareness as train users.
Marriage guardian examination in banjar district: A situational approach and regulatory discretion Fauziyah Hayati
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4350

Abstract

This research explores the practices of examining the completeness of marriage guardian requirements at the Religious Affairs Office (KUA) in Banjar Regency. Despite the examination being carried out in accordance with the existing regulations, it is undeniable that there are challenges in the field, leading to occasional adjustments in the examination process based on the prevailing situations and conditions. The objective of this study is to uncover the reasons behind these practices based on the Minister of Religious Affairs Regulation No. 20 of 2019.This research employs an empirical legal study with a qualitative descriptive approach. The aims are: (1) To understand the practices of examining marriage guardians at the KUA in Banjar Regency, and (2) To identify the reasons underlying the variations in the examination of marriage guardians at the KUA in Banjar Regency. The analysis reveals that at the KUA in Banjar Regency (including Beruntung Raya Sub-District, Gambut Sub-District, and Kertak Hanyar Sub-District), examinations of marriage guardians are conducted in accordance with the applicable regulations but still occur on a situational basis. Recognition from the marriage guardian is not solely verbal but also aligns with the valid documents in Indonesia. Prudence is highly emphasized in these examinations, although some are based on the principle of trust alone.
Regional autonomy is forum for political education that is reflected in regional head elections Firstnandiar Glica Aini Suniaprily; Muhammad Aziz Zaelani; Hanuring Ayu Ardhani Putri
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4374

Abstract

In regional autonomy, there are three types of delegation of authority, namely, Deconcentration, Decentralization, and Assistance Tasks. Meanwhile, the way to elect legislative members in provinces and regencies / cities, governors, regents / mayors is by direct elections. Often the election of regional heads and legislative members, which is a political product of regional autonomy, still experiences various problems. This research uses a normative juridical research method with a statutory approach, namely an approach carried out by examining all laws and regulations related to the case or legal issue to be studied. In the statutory approach method, it is necessary to understand the hierarchy of laws and regulations and the principles in laws and regulations. In addition to using a statutory approach, the author also uses a library research approach to collect secondary data. Autonomy is not intended for the purpose of separating a region to be able to break away from the Unitary State of Indonesia. The purpose of granting autonomy to the regions is to enable the regions concerned to organize and manage their own households for the benefit of improving the welfare of the community. The conclusion of the paper with the title Regional Autonomy is a Container for Political Education Reflected in the Regional Head Election (Pilkada) is Regional autonomy in this case is a delegation of authority from the Central Government to the Regional Government, which has laws and regulations to bind and regulate its implementation, is a form of equal rights and obligations, and provides the breadth to regulate existing resources in each particular region in order to equalize development and increase the economic power of the region.

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