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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 251 Documents
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Problematics of Indonesian women migrant workes (towards a civilized country through the welfare state from a Pancasila perspective) Widya Hartati; Sandy Ari Wijaya
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.v6i1.4422

Abstract

Protection of the human rights and legal rights of Indonesian women is implicit in the Preamble to the 1945 Constitution, namely in the fourth paragraph and Principle V (five) and is guaranteed by the Constitution and is clearly regulated in the applicable laws and regulations. However, the fact is that the Government, as a working instrument of the state, has not been truly present to guarantee the lives of women in Indonesia, including the right to life, work rights, social security, and work protection for women who are still victims of physical violence and sexual violence. So that Indonesia must be present to improve itself in maintaining the dignity of women, both regulations and employment opportunities, as well as a decent life for women towards a civilized country through the Pancasila Perspective Welfare State. Furthermore, this type of research is normative with a qualitative model while still paying attention to empirical problems with document collection techniques and previous research results.
Discretion and management of the covid-19 pandemic: Indonesia’s experience in facing the health crisis Muhammad Doing; Bujang Ali; Dedi Yamin
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.v6i1.4454

Abstract

With this study, we want to better understand the role of discretion in the Indonesian government's response to the COVID-19 outbreak, so that we may develop a more equitable and effective policy framework while reducing unintended consequences for as many people as possible. To understand and evaluate legislative regulations and government decisions, especially in the context of social restriction policies and their impact on individual basic rights, this study employs a normative juridical approach, which necessitates analysis of primary, secondary, and tertiary legal materials and the use of legal hermeneutics. According to the findings, Indonesia's legal framework explicitly provides for the use of discretion when dealing with COVID-19, allowing the government and state authorities to respond swiftly and properly to changing circumstances. The key to preventing abuse of authority and prejudice is ensuring openness, accountability, and human rights values in the exercise of discretion. To make sure discretion is both responsive and respectful of democratic norms and human rights, we suggest regulatory changes and strengthened human rights-based supervision procedures.
Shopeepay later in Indonesia: Navigating credit and payment issues in digital markets Bujang Ali; Muhammad Doing; Fitriani Fitriani
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.v6i1.4456

Abstract

This research seeks to comprehend ShopeePay Later credit in Indonesian laws and regulations and examine the dispute resolution mechanism for Financial Technology Peer to Peer Lending using ShopeePay Later. The normative juridical and economic law approach analyzes applicable laws and regulations, statistical data, case studies, and economic literature. Legal hermeneutic analysis interprets and applies legal documents to ShopeePay Later. The research shows that ShopeePay Later must follow Indonesian law and economics, including payment failure and sanctions. According to Law no. 30 of 1999, legal protection for users of this service is divided into preventive and repressive forms, with an emphasis on preventive measures and preparation of effective dispute resolution mechanisms like Alternative Dispute Resolution (APS).
Understanding the issues of failure to pay life insurance claims: A perspective on absolute responsibility at PT. Jiwasraya Purwanto Purwanto; Muhammad Doing; Riduwan Riduwan
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.v6i1.4458

Abstract

The purpose of this study is to examine the principle of absolute responsibility as it is used in Indonesian statutes, with a focus on how it impacts the legal liability of business actors, in particular insurance firms, when it comes to the nonpayment of claims made by policyholders. Using primary, secondary, and tertiary sources together with legal hermeneutics analysis, the technique used is normative juridical with a statutory approach. This study's findings suggest that insurance firms' legal liability is affected when the concept of absolute responsibility is applied; specifically, that an insurer's failure to meet its contractual duties may constitute a criminal act. The courts and alternative dispute resolution methods like mediation are used to settle legal disputes. Insurance firms in Indonesia need to pay greater attention to consumer rights and adopt improved governance in order to win back the public's faith in the sector. Absolute obligation, insurance firm, failure to pay, claims made by policyholders, statutory law, are all relevant concepts here.
Criminal sanctions for murder with necrophilia (case study 519/PID.B/2021/PN.JKT.PST) Rymundus Loin; Budimansyah Budimansyah; Warriyodi Warriyodi
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.v6i1.4461

Abstract

Today's rapes typically involve murder, and criminals have sexual relations with corpses. This research asks: how are criminal consequences for murderers who have sexual contact with a body related to the Central Jakarta District Court Decision Number 519/Pid.B/2021/PN.Jkt.Pst? How should the victim's family handle the judge's sentencing for murder with sexual contact with a corpse? This research uses normative juridical legal research. Secondary data informs normative legal research. Primary, secondary, and tertiary legal materials provide secondary data. The research found that the public prosecutor's indictment does not require legal regulation of murder accompanied by sexual intercourse with a corpse because it is difficult to charge perpetrators of rape of corpses with the Criminal Code and there are no articles that explicitly regulate sexual intercourse/rape (creating a legal vacuum). Indonesian law does not yet define corpse rape/sexual intercourse. Sexually interacting with a corpse is not rape. The Central Jakarta District Court Decision Number 519/Pid.B/2021/PN Jkt.Pst. addresses murder with sexual contact with a corpse. The author believes the perpetrator's punishment has not deterred the crime and has not satisfied the victim's family and society. The victim's family can ask the judges to sentence the defendant to the death penalty because the actions were cruel, barbaric, and inhumane. This is hoped to give the family a sense of justice and have an impact. prevention for criminals.
Transforming conflict: analyzing the impact of UN security council resolution 2334 on human security in Israel-Palestine Edwin Tri Putra; Pratama Dahlian Persadha; Suhardi Suhardi
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.v6i1.4483

Abstract

The United Nations Security Council's Resolution 2334 effectively puts an end to the Palestinian-Israeli conflict. This resolution explicitly calls for the annexation of settlements, the relocation of Israeli settlements, the destruction of homes, and the transfer of Palestinian populations. Peace and the defusing of tensions in the area are the primary aims of the resolution. The expected tranquil situation is likely to have an effect on individual safety. Therefore, the perspective of human security will be used to analyse UN Security Council Resolution 2334. This paper concludes that UN Security Council Resolution 2334 satisfies the indicator of human security approach because it requires Israel and Palestine to comply with international humanitarian law, the opinion of the International Court of Justice, the Quartet Roadmap, and numerous prior resolutions. All of the aforementioned treaties, conventions, and agreements are designed to safeguard citizens' financial, nutritional, medical, scholastic, occupational, civic, and political rights. However, in reality, there were several issues with this agreement, and Israel often ignored it. In this descriptive qualitative research, a literature review serves as the major method of information collecting.
Espionage activities in the perspective of international law Nabih Amer
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.v6i1.4508

Abstract

This study's overarching goals are to determine whether or whether espionage operations constitute a breach of state sovereignty, the nature and extent of such a breach, the impact on international law, and the methods used to address such disputes. Normative law, which entails investigating relevant legal concepts and statutes, is the research methodology used. The legislative method is the cornerstone of this strategy, which is based on library research that encompasses primary, secondary, and tertiary legal literature. National sovereignty and international law are both violated by espionage operations, according to the study's findings. Possible remedies to espionage in the context of diplomatic relations include designating the offender as a "persona non grata," severing diplomatic ties, or taking legal action at the International Court of Justice. By taking these measures, we are showing that we value peaceful resolution of disputes by diplomatic and legal means, and that we are committed to upholding international law and the global system.
The concept of administrative efforts in resolving village apparatus disputes in Ptun (Study decision number: 25/g/2019/ptun. mtr jo. number: 199/b/2019/pt.tun.sby) Jumawal Jumawal; Siti Hasanah; Firzhal Arzhi Jiwantara
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.v6i1.4510

Abstract

The purpose of this research is to find out and understand the concept of administrative efforts to resolve Village Apparatus disputes in PTUN related to Decision Number: 25/G/2019/PTUN.Mtr Jo Decision Number: 199/B/2019/PT.TUN.Sby. The research method used in this research is a type of normative legal research, with a statutory approach, conceptual approach and case approach. The technique for collecting and retrieving legal materials used in this research is library research. The data obtained is analyzed using qualitative data analysis, where the presentation of qualitative data can be in the form of narrative text (in the form of field notes), then the data will be organized and arranged in a relationship pattern which will be easier to understand. From the research results the following conclusions can be drawn: 1) Concept administrative efforts understood and implemented by the Mataram State Administrative Court (PTUN) and the Surabaya State Administrative Court (PTTUN) in Decision Number: 25/G/2019/PTUN.MTR Jo. Number: 199/B/2019/PT.TUN.SBY regarding dispute resolution for Village Officials in South Setanggor Village which turns out to be different from each other. The difference lies in whether the implementation of administrative efforts in resolving Village Apparatus disputes is mandatory or optional; 2) Since the publication of Law no. 30 of 2014 concerning Government Administration, gives rise to the paradigm that the regulation of administrative efforts requires the integration of the administrative justice system with administrative efforts.
The nature of justice in the decision of the judge of the serang district court from the perspective of the philosophy of law Putu Bagus Satya Nugraha; I Nyoman Bagiastra
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.v6i1.4533

Abstract

The nature of justice is a fundamental principle in the legal system and has great significance in legal philosophy. To know what justice is, there needs to be self-reflection on the awareness that we do not live alone in this world, so that we are led not to neglect our responsibilities to others. Justice in the philosophy of law pays attention to all aspects of the terminology of justice and philosophy of law. Justice is the ideal and purpose of law that reaches the area of legal philosophy by providing the perspective that justice is realized through law. By examining the opinions of several great philosophers, such as Plato and Aristotle, as the foundations of justice, the author attempts to determine the nature of justice in legal philosophy and its application to judges' decisions in judicial processes in Indonesia, especially in the case of two coolies in the Serang District Court. The basic values of justice included in the study of legal philosophy are answered by the philosophy of law itself. Justice is balanced and harmonious in both formal and material laws. The law must hold fast to the essence of justice and moral strength because without justice and morality, the law will lose its supremacy and independent characteristics and will have a major impact in the form of instability in society.
Constitutional law implications of the implementation of attorney general regulation number 15 of 2020 for crime victims Farida Tuharea; Wahyudi BR; Andi Annisa Nurlia Mamonto; Liani Sari
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.v6i1.4534

Abstract

This research aims to examine the effects of Attorney General’s Regulation (PERJA) Number 15 of 2020 on Indonesian Constitutional Law, specifically examining victim rights and responsibilities and elements of legal certainty in relation to the Termination of Prosecution Based on Restorative Justice. Human rights, victim protection, and procedural justice are some of the Constitutional Law elements that are examined in this study. This study combines philosophical and analytical approaches to normative law with a critical and logical examination of applicable legal theory and police tactics. The relevant rules and statutes are described using analytical descriptive methodologies. Despite presenting obstacles to legal certainty owing to its flexible approach, the study findings demonstrate that the adoption of restorative justice via the Attorney General's Regulation has significantly increased victims' rights in the recovery and reconciliation process. To promote a shift in Indonesia's criminal justice system towards a greater emphasis on justice, victim healing, and societal interests, the Attorney General's Regulation seeks to strike a balance by outlining a clear framework.

Page 11 of 26 | Total Record : 251

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