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.
Articles
259 Documents
<![CDATA[Juridical review of womb renting in the realm of civil law (comparation study of Indian and Indonesian countries) ]]>
<![CDATA[I Made Krisnan Wijaya Putra]]>;
<![CDATA[Putu Eka Trisna Dewi]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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DOI: 10.35335/jls.v6i1.4724
<![CDATA[This piece of work aims to go more into the rules and laws of India and Indonesia as they pertain to the practice of renting a woman's womb. Research in descriptive normative juridical law is used in the writing process. Through library and document studies, legal material analysis procedures utilizing the syllogism approach, which employs a deductive mentality, and other ways, both primary and secondary legal resources are consulted. Since surrogacy is often a couple's final resort for starting a family, this piece concludes that infertility is the primary motivation for using it. An agreement is necessary for womb renting to commence. Womb rental is quite similar to in vitro fertilization (IVF), with the main exception being that the embryo is transported to the uterus of another person. Indonesian health standards do not permit womb renting, and contracts for such services are void according to Indonesian law because they do not adhere to one of the requirements for contract validity outlined in the Civil Code. Commercial womb rental was formerly legal in India, but the country outlawed the practice because to the high number of surrogate moms who were abandoned. However, surrogacy could still be done voluntarily under certain circumstances.]]>
<![CDATA[Legal protection against debtors from forced withdrawal of motorcycles by creditors under law no. 42 of 1999 ]]>
<![CDATA[Samson Simatupang]]>;
<![CDATA[Dina Andiza]]>;
<![CDATA[Siti Nurhayati]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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<![CDATA[A fiduciary guarantee certificate or deed is required for the execution or withdrawal of cars, according to Law Number 42 of 1999 respecting Fiduciary Guarantees. The question that this essay seeks to answer is: How are fiduciary guarantees governed in Indonesia? What factors lead to creditors forcibly retaking motorcycles? Regarding PT. Adira Dinamika Multifinance Branch 0601 Medan Graha Niaga's Law No. 42 of 1999 concerning Fiduciary Guarantees, how well-protected are debtors against attempts to forcibly withdraw motorized vehicles? This study employs a descriptive interviewing method in conjunction with an empirical research design. Primary, secondary, and tertiary legal sources are used as secondary data in qualitative research, and the research site is the PT office. Branch 0601 of Adira Dinamika Multifinance, Medan Graha Niaga The Fiduciary Guarantee Law, the Housing and Settlement Law, and the Copyright Law all regulate fiduciary guarantees in Indonesia. Aspects of Debtor Default, The creditor may withdraw the object of fiduciary collateral in order to transfer fiduciary objects and prevent them from being freely surrendered. The inference drawn is that fiduciary promises must underpin all commercial agreements in order to provide debtors with fair and transparent legal certainty. The government and police have been advised to keep offering debtors legal protection when it comes to carrying out fiduciary guarantees.]]>
<![CDATA[Meaning of Discretion Over Government Legal Actions in Public Policy ]]>
<![CDATA[Ujang Charda]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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DOI: 10.35335/jls.v6i1.4789
<![CDATA[The state has a goal of realizing prosperity for its people (welfare state), so the state needs to implement public policies in the context of the quality of public services which are influenced by internal factors, namely discretionary authority. The research method used is analytical descriptive with a normative juridical approach through library and field research stages with data collection techniques through library studies Based on the research results, show that discretion can be used by government officials to penetrate the legality of legal products which sometimes encounter deadlock, as long as it is in the interests of the people at large, so there is no reason for government officials to refuse to adopt a policy. If the law or other legal products do not regulate it formally, it does not mean that the situation will close the space to provide happiness for the people, the freedom to act is in the hands of government officials]]>
<![CDATA[Fulfillment of customary obligations as an alternative punishment (Study in Wet Sesait Indigenous Community) ]]>
<![CDATA[Atika Zahra Nirmala]]>;
<![CDATA[Aryadi Almau Dudy]]>;
<![CDATA[Suheflihusnaini Ashady]]>;
<![CDATA[Ayu Riska Amalia]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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DOI: 10.35335/jls.v6i2.4939
<![CDATA[Indonesia recognizes several legal systems that apply in society, one of which is customary law. The purpose of this research is to find out the mechanism for fulfilling customary obligations as an alternative to punishment in the Wet Sesait indigenous community and to find out the position of fulfilling these customary obligations. This research is empirical legal research. The results showed that the fulfillment of customary obligations is carried out if there are Wet Sesait indigenous people who violate the rules that exist in the community where the settlement mechanism is through tau loka empat, while the position of fulfilling customary obligations as an alternative to punishment is more important than state law, where for all Wet Sesait people who commit violations even though these violations are also regulated in state law, namely criminal law, but the Wet Sesait community chooses to resolve through custom and sanctions will be carried out by tau lokak empat. So here is reflected the form of punishment in the Wet Sesait customary law community in the form of fulfilling customary obligations as an alternative to punishment carried out by the state.]]>
<![CDATA[Analysis of family law related to divorce due to parental interference ]]>
<![CDATA[Rina Septiani]]>;
<![CDATA[Fira Mubayyinah]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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DOI: 10.35335/jls.v6i2.4967
<![CDATA[This research aims to describe the form parental intervention in the child's household cause divorce and analysis of Islamic family law regarding parental intervention in household of children which causes divorce. This research is a normative-empirical type of research. This research describes and describes how parents intervene in the household children who cause divorce. This research describes and describes how parents intervene in the household children who cause divorce are then analyzed through family law This research produced two findings. First, Parental intervention in a child's household can lead to divorce. This is based on the child's mindset who still depend on parents and children who still live with other people. secondly based on family law analysis parental intervention in their child's household is not could be a reason for divorce, but this conflict triggers the birth of reasons be grounds for divorce. actually parental intervention in their child's household is permitted but first we will see how far the intervention has gone. Divorce due to parental intervention is not included in the classification of reasons for divorce, However, this problem will fall under Article 116 KHI letter (f), namely constant quarrels and no hope of getting along again.]]>
<![CDATA[Criminal Law and Human Rights: Challenges and Enforcement ]]>
<![CDATA[Deassy J.A. Hehanussa]]>;
<![CDATA[Carolina Tuhumury]]>;
<![CDATA[Ardiyanti Aris]]>;
<![CDATA[Viorizza Suciani Putri]]>;
<![CDATA[Wahab Aznul Hidaya]]>;
<![CDATA[Ontran Sumantri]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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DOI: 10.35335/jls.v6i2.4987
<![CDATA[Recognising the variety of legal and non-legal tools accessible to react to these challenges within the framework of transitional justice, this research delves into a multi-faceted approach to addressing significant human rights breaches. In both permanent and ad hoc Human Rights tribunals, the primary emphasis is on the function of Truth and Reconciliation Commissions as an alternate or supplementary mechanism to conventional judicial proceedings. This research explores the concept of transitional justice and how it can help victims of human rights violations in the past achieve justice by focusing on truth-telling, reconciliation, and healing. It does this by analysing the dynamics of power transitions from authoritarian to democratic systems. The study's overarching goal is to provide light on the pros and cons of using transitional justice to put an end to egregious human rights abuses and lay the groundwork for long-term social and peace]]>
<![CDATA[Inheritance, civil procedure, and justice: a critical analysis ]]>
<![CDATA[Feibe Engeline Pijoh]]>;
<![CDATA[Nanda Dwi Rizkia]]>;
<![CDATA[Neni Hardiati]]>;
<![CDATA[Rahmat Setiawan]]>;
<![CDATA[Sahrul]]>;
<![CDATA[Henny Saida Flora]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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DOI: 10.35335/jls.v6i2.5016
<![CDATA[This research will use the writings of two contemporary Islamic legal experts, Nasr Hamid Abu Zayd and Muhammad Syahrur, to delve into the idea of gender equity in Islamic inheritance and wills. This research uses a philosophical and analytical approach to clarify how the two thinkers reach a more egalitarian and gender-neutral understanding of religious texts concerning inheritance law. The analytical descriptive approaches are used to describe and investigate Islamic legal ideas and positive law enforcement mechanisms relevant to gender issues and inheritance. The research shows that both experts believe that ijtihad and adapting Islamic law to contemporary society are crucial to achieving gender equality and justice. There is mounting evidence, including this research, that Islamic inheritance law may need a reevaluation in view of advances in gender equality and other notions of inclusive social justice]]>
<![CDATA[Legal Analysis of the Crime of Premeditated Murder and Theft (Decision Study Number 81/Pid.B/2023/Pn.Dps ]]>
<![CDATA[I Putu Edi Rusmana]]>;
<![CDATA[Bagus Gede Ari Rama]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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<![CDATA[This article aims to analyze a criminal case, especially one that focuses on murder and robbery, as well as discussing the relevant law applied to the case. This research is normative legal research, which specifically includes examination and analysis of library materials, court decisions, or secondary data. The methods used include legal, factual, conceptual and interpretive approaches. This research focuses on the problems that occurred, first, how to prove the elements of the crime of murder and theft in case Number 81/Pid.B/2023/Pn.Dps? and the second problem is what are the legal implications applied to case Number 81/Pid.B/2023/Pn.Dps? After analysis, it has been proven legally and convincingly by the defendant that they committed murder as stated in Article 339 of the Criminal Code Jo. Article 55 section (1) which concerns criminal acts prior to murder. The legal consequence of this case is that defendant NSP was sentenced to 18 years in prison and R was sentenced to 20 years in prison. R received a longer prison sentence than NSP due to his previous criminal record of repeated theft]]>
<![CDATA[Analyse the role of leadership ethics in organisations ]]>
<![CDATA[Ika Widiastuti]]>;
<![CDATA[Mulyaningsih Mulyaningsih]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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DOI: 10.35335/jls.v6i2.5041
<![CDATA[This research aims to analyze and determine leadership ethics in organizations. The method used is descriptive qualitative research method. Leadership in an organization is a complex and vital process. This is a factor that differentiates some leaders who are more successful than other leaders. According to Peter Koestenbaum, leadership is the art of combining results and heart. Humanity as the key evidence of a great leader. Vision (thinking big and new), reality (sensitive to facts without illusions through humility and openness), ethics (integrity and obligation to serve and be sensitive to dealing with people), and courage (responsible for actions and ready to take risks). The results of the research are Leadership ethics relates to the interactions and responsibilities of public leaders towards the wider community and the need to establish good relationships with everyone based on certain ethical standards.]]>
<![CDATA[Commodification of Workers and Quality of Reporting on YouTube ]]>
<![CDATA[Noerma Kurnia Fajarwati]]>;
<![CDATA[Rizqi Fitrianti]]>
<![CDATA[ Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science ]]>
Publisher : <![CDATA[Institute Of computer Science (IOCS) ]]>
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DOI: 10.35335/jls.v6i2.5044
<![CDATA[In the digital era, a number of media use YouTube to distribute their content in order to gain new profit opportunities from social media. This research aims to determine the commodification of workers on YouTube and determine its impact on the quality of news. The research uses qualitative methods with a case study approach and data collection using documentation and literature studies. The results of this research found that the heavy work carried out by media workers and the minimal wages of media workers because they are not equivalent to a journalist's living wage mean that the practice of commodification is still ongoing. YouTube is one of the media's efforts to maintain its existence, so that the creativity of content creators becomes evidence of the commodification of workers which provides profits for the media. Regarding the quality of news, this research found that content creators generally only pursue what is common to public consumption, so the news that is broadcast is generally only done to meet normative quality standards]]>
