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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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The urgency of setting up additional zones and its implications for underwater cultural heritage in Indonesia Putri, Jennifer; Utamie, Nindya; Qulub, Andi; Muna, Inas
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5198

Abstract

Indonesia has a maritime strategic position covering more than sixty percent of its territory, making it one of the strongest countries in the maritime sector. However, this position also carries potential threats, so strict maritime regulations are required by the 1982 UN Convention on the Law of the Sea (UNCLOS), which Indonesia ratified through Law No. 17 of 1985. One of these regulations is the concept of an additional zone extending up to 24 nautical miles from the baseline, where coastal countries can enforce laws related to customs, immigration, sanitation, and fiscal matters. Even though it is mandated in Article 8 Paragraph 3 of Law No. 32 of 2014 concerning Maritime Affairs, Indonesia still needs to formalize its authority in this zone, giving rise to legal uncertainty, especially regarding protecting underwater cultural heritage (UCH). Given Indonesia's rich maritime history and significant underwater cultural assets, such as shipwrecks, the lack of clear regulations puts these assets at risk of unauthorized salvage and loss. This research emphasizes the need for special legislation regarding Indonesia's additional zones to protect its maritime heritage, ensure legal certainty, and improve maritime governance. This study seeks to highlight legal gaps and propose a firm regulatory framework to protect underwater cultural heritage in Indonesia's additional zones using normative legal research methods, including case studies and analysis of primary and secondary data sources
An analysis of the implications of taxation on equity in relation to national development Maulana, Ayang Fristia; Apiati, Siti Nurfadilah; Arofah, Laila; Aditiya, Arya; Solihin, Muhammad
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5199

Abstract

Taxation is a very important instrument for a government in collecting funds to finance various development programs, the nature of this tax is mandatory. Apart from that, this tax system can be designed as well as possible, by making it a tool to achieve social and economic justice, through income redistribution. National development is taxation carried out effectively with the aim of reducing economic imbalances between regions and increasing investment in social services. Excessive or unfair taxation can discourage investment and can destroy incentives to work. This increase in taxes on development can be done to increase the number of buildings owned by Indonesia. With tax reform that focuses on justice and efficiency, this can support a more sustainable national development.
Resolving criminal acts of sexual abuse committed by children against children using a restorative justice approach in the Kudus police area Wibowo, Andrias; Hidayatullah, Hidayatullah
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5216

Abstract

Currently the Kudus Resort Police is prioritizing preventing the rise of sexual crimes where the perpetrators and victims are children, by providing education to students so that they can use social media wisely. This research is qualitative research. The approach method used in this research is a sociological/non-doctrinal juridical approach. The data from the research comes from primary data and also secondary data which is then analyzed descriptively qualitatively. The results of the research show that: 1) Resolving criminal acts of sexual harassment committed by children against children using a restorative justice approach can be concluded as follows, that sexual harassment is carried out by children against children is a serious problem that requires appropriate treatment. The restorative justice approach offers a different approach in resolving this case, with a focus on victim recovery, building understanding, and responsibility for the perpetrator. So, in order for its implementation to be appropriate and good, it must pay attention to the following matters: Identification and Understanding of Cases, Involvement of Related Parties, Recovering Victims, Fostering Empathy and Responsibility, 2) Obstacles that may be faced in resolving criminal acts of sexual abuse committed by children against children. children with a restorative justice approach include: The need for safety and protection for victims, difficulty reaching an agreement, complexity of the case, lack of cooperation from the perpetrator, limited resources, legal challenges
Legal protection of children as witnesses in sexual harassment cases based on law no. 11 of 2012 on the juvenile justice system Asnawi, Asnawi; Hidayat, Rahmat; Maulana, Ayang Fristia; Jumhana, Enjum
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5221

Abstract

Children as witnesses in criminal cases often experience vulnerability and require adequate legal protection given the effects of psychological and social trauma they face during the judicial process. The rights of children as witnesses are often not in accordance with the provisions of Law No. 11/2012 on the Criminal Justice System and existing legal protection practices. There are situations where child witnesses do not receive adequate assistance or guidance. This study aims to determine and analyze legal protection, criminal law provisions against the juvenile justice process against children who are used as child witnesses in sexual harassment cases and to find out the obstacles faced by related institutions in the juvenile criminal justice process. The method used in this research uses a normative method carried out by examining the study of library materials or secondary data. The research conducted has a descriptive nature aimed at providing a description of the social symptoms studied. Sexual abuse cases involving children as witnesses or victims are a serious problem in the criminal justice system. Children who become witnesses often face high challenges and risks during the judicial process, both in terms of psychological and legal protection. The research concluded that the protection of children as witnesses in the settlement of criminal cases is very important considering the fact that witnesses and victims often do not receive adequate protection and face intimidation, so they are reluctant to provide testimony in court.
Effectiveness of regional government authority regarding mining business permits post presidential decree number 55 of 2022 concerning mineral and coal mining management Darman, Melani; Riyanti, Indah
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5235

Abstract

The mining business is a business that has the most layers of regulations. This is because in addition to the various types of mining, it is also because the mining processing process is so complex. Judging from the legal review, the mining regime has experienced very significant changes. At that time, the mining regime used a contract of work model between mining companies and the government, both local and central government. In practice, contracts of work provide opportunities for mining companies to control mining areas for a certain period of time. At this time the mining regime is the licensing regime. This was marked by the issuance of Law No. 4 of 2009 concerning Minerba. Based on the law, the relationship between mining companies and the government is no longer a partner relationship, but rather a government administration relationship. In the process of perfecting the legal system, in 2022, the government will again issue a regulation regarding the delegation of authority from the central government to regional governments with regard to the management of mineral and coal mining. This Government Regulation is considered very appropriate and effective. Mining of non-metallic minerals and coal involves many small-scale mining companies or small-scale mining companies. So it is hoped that permit arrangements will be adjusted to the needs of small-scale mining
Restructuring arrangements of state electricity company (persero) through the formation of subholdings in company law Nandari, Ni Putu Sawitri; Mahadewi, Kadek Julia; Rusmana, I Putu Edi; Puspadewi, Anak Agung Ayu Intan
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5244

Abstract

Law Number 40 of 2007 Concerning Limited Liability Companies, which coincides with the lack of regulation of the legal force of a subholding, which is a holding company in which another holding company owns the dominant stake. The goal is to discover and investigate the regulation about restructuring of the formation of subholdings of PT PLN (Persero), as well as to discover and investigate the impact of restructuring of subholdings of PT PLN (Persero) on their human resources. The normative legal research approach was applied in this study. The findings of this study revealed that the implementation of holding-subholding by PT PLN (Persero) is legally valid because a corporate action carried out in the context of company restructuring and in response to the request of the Minister of BUMN as the government representative as the GMS. The restructuring of Subholding PT PLN (Persero) has no substantial influence on human resources, and theres no legal certainty with the argumentum per analogium technique owing to the lack of Subholding rules in law. A distinct and specific legislative product is required for future company development to govern Holdingization. The government, as a regulator, must be committed to monitoring the execution of industrial relations
The role of tax law in the national economy Maulana, Ayang Fristia; Febriyanti, Afi Nurul; Hidayah, Jihan; Azzahra, Siti Alivia; Darly, Doddy
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5269

Abstract

The purpose of our research is to discuss "What is the Role of Tax Law in the National Economy", because tax law plays an important role in regulating the country's economic system. The contribution of tax law to national economic stability and growth is the subject of this research. This study focuses on the impact of tax law on investment, consumption, and income distribution by analyzing the tax law framework in the context of fiscal policy. In addition, this study discusses the role of tax law in influencing taxpayer behavior, tax compliance, and government efforts to manage tax revenue to achieve economic development goals. To promote inclusive and sustainable economic growth, this research emphasizes the importance of clear, transparent, and equitable tax laws. Therefore, policymakers can gain useful knowledge about the function of tax law in the context of the national economy
Legal protection OF registered marks (juridical analysis OF court decision number 2/pdt.sus.hki/merek/2020/pn niaga medan) Simbolon, Yolanda; Deo, Ivania; Pakpahan, Marlina; Noor, Tajuddin
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5282

Abstract

Trademark rights are one type of Intellectual Property Rights which differentiates the origin of the goods and services. The existence of this protection shows that the state is obliged to enforce brand law, such as protecting registered brands. This type of research is normative legal research. Normative research is doctrinal law where law is often conceptualized as what is written in regulations. Legislation (Law in book) or laws decided by judges through the court process. Decision Number 2/Pdt.Sus.HKI/Merek/2020/PN Niaga Mdn confirms that the Plantiff's Goat Brand must be legally protected until 2025. By having a “GOAT BRAND” brand certificate, the Plantiff deserves exclusive rights protection of ownership and use of the brand. In this decision, the judge found similarities between the brands “GOAT BRAND” and “2 GOATS”, as well as the bad fath of the Defendant. The judge also referred to the principle of the first to file system in brand law in Indonesia so that the Plantiff deserves to get protection of exclusive rights to ownership and use of the mark.
Legal ethics for tracing the roots of corruption in Indonesia Hehanussa, Deassy JA; Pede, Albert
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5283

Abstract

The purpose of this study is to investigate how the principles of legal ethics may be used to find and eliminate the sources of corruption in Indonesia. Legal ethics provides a framework for evaluating legal acts and regulations in light of their ethical implications by incorporating moral principles within the legal profession. Legal statutes, administrative rules, judicial rulings, and scholarly articles are the main and secondary sources consulted in this normative qualitative study. To conduct a normative analysis, one must first determine the efficacy of the current legal framework in eliminating corrupt activities, and then assess the application of legal ethical standards within that framework. According to the findings, flaws in the legal system that permit corruption may be identified by using ethical principles of law, such as fairness, honesty, accountability, and respect for human rights. Justice requires that the law be applied without bias or prejudice, and integrity guarantees that everyone participating in the judicial system is forthright and honest. The public's faith in the justice system depends on its honest administration, and the public may rest certain that its representatives will always put the public interest first because of their moral and professional obligations. Human rights compliance guarantees that anti-corruption initiatives safeguard victims' rights while also punishing those responsible for wrongdoing
Legal protection for Indonesian workers in various countries Adenpati Turnip, Agripa; Surbakti, Adenpati; Br Pandia, Jemita; Harahap, Rasyd; Wardana, Sitti; Tanjung, Indra U
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5303

Abstract

The placement of migrant workers abroad is carried out by upholding human dignity, human rights, legal protection, equal employment opportunities and providing employment opportunities and employee training in accordance with national needs. However, violence often befalls Indonesian workers in their destination countries. So Indonesia created legislation in the form of protection for Indonesian workers, an international convention on protecting the rights of all migrant workers and their families which is often referred to as ICRMW. The ICRMW Agreement describes human rights contained in international law on economic, social and cultural rights and international law on civil and political rights specifically states how these different rights apply to different categories of migrant workers. Legal protection for the rights and obligations of migrant workers abroad is stated in a mutually agreed work relationship. Article 2 of Law Number 39 of 2004 regulates the principles of integration, harmony of rights, democracy, equality in society, justice, gender equality and anti-human trafficking. This is a form of legal protection for Indonesian workers

Page 15 of 26 | Total Record : 251

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