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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.
Arjuna Subject : -
Articles 259 Documents
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Legal consequences of breaking a marriage promise according to Indonesian civil law Pongolingo, Sri Rahayu Ningsih
Journal of Law Science Vol. 6 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i4.5634

Abstract

This paper examines the legal repercussions of a broken marriage vow under Indonesian civil law, concentrating on the aggrieved party's compensation rights. This study examines the Civil Code (KUHPerdata) and judicial precedents using normative legal research methodologies. Breaking a marriage pledge does not constitute a contract, although the injured party typically seeks compensation for substantive and immaterial damages. The harmed party commonly claims compensation under Article 1365 of the Civil Code on wrongful actions and breach of contract. The research found that although Indonesian civil law allows compensation, showing tangible and immaterial damages like damaged honor is difficult. Marriage commitments are typically handwritten and hard to establish in court. However, if the aggrieved party can establish a genuine loss, the court may protect them with a substantial and flexible approach. This research also emphasizes the need to enhance marriage promise laws and clarify evidence requirements to make civil law more responsive to societal changes.
Legal protection for pedestrian victims who experience accidents in Lubuk Pakam city (study of decision number 2618/pid.sus/2021/pn lbp) Purba, Nobel Manto; Mahzaniar, Mahzaniar
Journal of Law Science Vol. 6 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i4.5635

Abstract

A traffic accident is an unexpected and unintentional event on the road involving vehicles with or without other road users that results in human casualties and/or property losses. Traffic accidents are a common problem in human life that can occur due to lack of driving awareness. The type of research used in this study is normative legal research, namely legal research that places law as a building of a normative system. The normative system in question is regarding the principles, norms, rules of laws and regulations, agreements and doctrines (teachings). The location of data collection in this study was at the Gakkum Unit of the Deli Serdang Police Traffic Unit located on Jl. Sudirman, No. 18. Lubuk Pakam, North Sumatra, Indonesia. The technique of designating an abstract word that is not manifested in objects, but can only be seen in its use through: questionnaires, interviews, observations, examinations (tests), documentation, and others. Researchers can use one or a combination of techniques depending on the problem faced or studied. The data analysis technique used in this legal research uses qualitative analysis. Based on the formulation of the problem of legal protection for victims of traffic accidents, the government provides social security for the welfare of the community. Social security includes public transportation safety guarantees and health care. One of the social security provided by the government is insurance. Obstacles in the implementation of legal protection for victims of traffic accidents in Lubuk Pakam City involve various interrelated aspects. From effective law enforcement to the provision of compensation and redress, as well as legal education and awareness, various challenges must be overcome to ensure that victims get the protection and justice they need. Based on the results of the study, it can be concluded that the use of the legal basis of Article 310 paragraph (4) of Law No. 22 of 2009 in this case is valid and in accordance with the provisions in force at the time of the accident. This provision provides a more specific legal framework for traffic accident cases compared to the general criminal provisions in the Criminal Code. The use of this legal basis ensures that sanctions are imposed in accordance with applicable regulations and are relevant to the type of violation that occurs.
Traffic accident criminal act resulting in loss of life at Medan city police office (study of decision number 2698/pid.sus/2018/pn lbp) Suratman, Suratman; Harahap, Herlina Hanum
Journal of Law Science Vol. 6 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i4.5636

Abstract

Traffic accidents are one of the serious problems that threaten the safety of people around the world, including in the jurisdiction of the Medan Police. Every year, thousands of lives are lost and tens of thousands of people are injured due to road accidents. The type of research used in this study is juridical-empirical. Juridical-empirical research is legal research regarding the implementation or enforcement of normative legal provisions directly in every specific legal event that occurs in society. Data collection methods are techniques or methods that can be used by researchers to collect data. Techniques in designating an abstract word that is not manifested in objects, but can only be seen in its use through: questionnaires, interviews, observations, exams (tests), documentation, and others. The crime of "due to negligence causing death" as referred to in the Criminal Code concerning "causing death or injury due to negligence" Article 359 of the Criminal Code, the punishment is increased if the crime is committed in a position or job. Based on the above considerations, the judge sentenced the defendant Yanto to 7 months in prison, minus the period of detention that has been served. In addition, the judge ordered the return of evidence to the rightful party. In this case, the evidence returned included the Fuso Dump Truck and other vehicles involved in the accident. The judge also determined the court costs to be paid by the defendant as part of the sanction. A comprehensive solution to dealing with criminal acts of traffic accidents resulting in loss of life requires a comprehensive and integrative approach. So in this closing chapter, a conclusion can be drawn. Based on the analysis, this regulation already covers important aspects such as speeding violations, drunk driving, and vehicle conditions. The judge's considerations in Decision Number 2698 / Pid.Sus / 2018 / PN Lbp show an emphasis on the aspect of proving guilt and imposing penalties that are in accordance with the level of violation and the impact of the accident. The solution to overcoming criminal acts of traffic accidents resulting in loss of life involves several strategic steps. First, stricter law enforcement and increased public awareness of driving safety must be strengthened to prevent violations that have the potential to cause accidents.
Juridical analysis in the application of the principle of paying polluters in the case of screen printing waste pollution in Denpasar Mahadewi, Kadek Julia
Journal of Law Science Vol. 6 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i4.5651

Abstract

The basic foundation of environmental management in the 1945 Constitution article 28 H which is the right of the community to get a healthy environment is emphasized by the existence of the UUPPLH which makes rules on environmental management which of course can harm the surrounding environment. The use of the principle of polluters who pay in the pollution of screen printing waste in Tukad Badung by Mila Boutique refers to article 2 of the UUPPLH, this is the need to handle in answering the problems that occur this violation is evidenced by illegality, environmental pollution and the responsibility of the perpetrator.  This research method uses normative methods, legal and case approaches, and primary and secondary legal sources.  The technique of collecting legal materials for literature studies and the analysis technique is qualitative description. Pollution of screen printing waste occurs with a change in color throughout the body, this results in environmental pollution that endangers human health and the environmental order. The need to enforce environmental pollution issues for the sake of a sustainable future.
Network management activation in the implementation of policies to protect vulnerable groups from violence in Indonesia Nur Islam, Firdha; Alwi, Alwi; Syahribulan, Syahribulan
Journal of Law Science Vol. 6 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i4.5718

Abstract

This study aims to examine the role of network management activation in the implementation of child protection policies against violence in Makassar City. The research employs a qualitative approach, utilizing in-depth interviews with relevant stakeholders and document analysis to gather data. The results indicate that activation in network management is crucial for the effective implementation of child protection policies. Regional Regulation No. 5 of 2018 plays a significant role in providing legal protection for children, with the Women Empowerment and Child Protection Agency (DP3A) serving as the primary provider of child protection services. Collaboration with various parties, including the police, non-governmental organizations, and the community, is crucial in handling child violence cases. Complaints can be filed through formal and informal channels, with citizen shelters established to provide accessible protection services and eliminate social barriers to reporting violence. The study recommends that the Makassar City Government enhance coordination and communication among network actors, strengthen human resource capacity, optimize the allocated budget, intensify socialization of the Regional Regulation, and strengthen cooperation with non-governmental organizations and the community.
Cybercrime Digital Crime How Technology is Utilized for Crime Hibar, Ujang; Jumhana, Enjum; Arifin, Suherman
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5848

Abstract

The rapid development of digital technology has brought positive impacts in various aspects of life, such as communication, economy and education. However, on the other hand, this progress also opens up opportunities for various forms of digital crime or cybercrime. Digital crimes include various criminal acts committed through the internet and technology, such as hacking, identity theft, online fraud, malware distribution, and exploitation of personal data. This study aims to understand how technology is utilized to commit crimes in cyberspace, the factors that drive digital criminals, and the implications faced by victims and the wider community. In addition, this study will also discuss strategies and efforts that can be made to prevent and tackle digital crime. With the increasing reliance on technology, it is important for society and legal authorities to be more vigilant and proactive in addressing this challenge. An in-depth understanding of the modus operandi of digital criminals is expected to provide a clearer picture for the development of effective cybersecurity policies.
Legal analysis of creditor protection in bankruptcy without fiduciary guarantee registration Septia Ningsih, Ratu; Shalsabila, Shalwa; Rahmalia, Astry; Alifah, Alifah; Maulana, Ayang Fristia
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5850

Abstract

Fiduciary as a legal concept in Indonesia has undergone significant development, especially after the enactment of Law Number 42 of 1999 concerning Fiduciary Guarantees. With the expansion of the object of fiduciary guarantee, it now includes not only physical movable objects such as vehicles and equipment, but also intangible objects and immovable objects that cannot be encumbered with dependent rights. This shows that there is a legal adaptation that is responsive to the needs of transactions and economic development in the community. This research is a normative legal research using a legislative approach. Based on the results of the research, it can be concluded that a fiduciary guarantee deed that is not registered at the fiduciary registration office can result in a number of significant legal consequences. One of the main consequences is the loss of the power of execution of the guarantee, so that creditors cannot rely on the object of the guarantee as protection against their receivables.
Public policy ethics in the relocation of the national capital analysis of social, economic, and environmental issues Fadilah, Ulvia; Ramdani, F. Ajeng
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5854

Abstract

The relocation of Indonesia's national capital is a strategic policy aimed at promoting equitable development and reducing pressure on Jakarta as the center of government and economy. However, this policy raises a number of ethical problems related to its impact on social, economic and environmental aspects. This study aims to analyze the relocation policy from the perspective of public policy ethics, focusing on social challenges such as the rights of local communities, economic welfare, and environmental sustainability. A qualitative approach is used in this study with literature analysis methods and interviews with public policy experts, practitioners, and community representatives in East Kalimantan. The results show that while the relocation of IKN has the potential to provide national economic benefits, there are significant ethical issues that include the risk of marginalization of local communities, threats to forest ecosystems, and sustainable resource management. The study highlights the need for transparency, more inclusive public participation, and the application of environmental justice principles in the planning and implementation of IKN policies. In conclusion, to ensure legitimacy and community support, IKN's transfer policy must consider ethical principles of public policy that prioritize the balance between national interests and the rights of local communities and environmental sustainability.
Management of government communication strategy in moving the new capital city in Indonesia from a public policy perspective Saepudin, Eli Apud; Hartoko, Gatot; Kamilah, Fithrotul; Hidayat, Romi; Priatna, Achmad Nashrudin
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5856

Abstract

The relocation of the national capital is a major project that requires public support, information transparency, and effective communication to overcome public resistance and ensure a good understanding of the policy objectives. Using a qualitative approach, this research examines the communication strategy implemented by the government through analysis of policy documents, communication media, and interviews with relevant parties. The results show that the government implements a communication strategy that includes socialization through mass media, direct outreach to the public, and the use of digital platforms to reach a wider audience. However, there are still obstacles such as negative public perception, limited access to information in certain areas, and uncertainty of project financing. This study recommends improvements in the quality and consistency of public communications, active community involvement in planning and implementation, and strengthening transparent policy messages to build trust and support the success of the IKN transfer.
Enforcement and Protection of Human Rights Law (HAM) Against Human Trafficking Cases in Indonesia Nur Angraini, Peggy Dian Septi
Journal of Law Science Vol. 7 No. 1 (2025): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i1.5873

Abstract

Law enforcement on human trafficking as part of human rights is linked to theories of substance, structure, legal culture and legal protection. Normative juridical is research originating from a statutory and case approach through secondary data with library value analyzed deductively qualitatively. Enforcement and legal protection of trafficking in persons in Decision Number 215/Pid.Sus/2021/PN.Idm relating to the substance that eradicates trafficking in persons in Law Number 21 of 2007, protecting people with Indonesian migrant work in Law Number 18 Years, and the Criminal Code. Legal structure Defendant I was imprisoned for a period of 4 years and Defendant II for 6 months, accompanied by a fine of Rp. 200,000,000.00, as well as restitution of Rp. 64,075,867.5. The police and the Victim Witness Protection Agency asked for information from the victim and the Indonesian Embassy in Turkey helped the victim return home to Indonesia. The legal culture lacks government oversight and victims are unaware of the threat of human trafficking, recruiting and exploiting victims to other countries for profit.

Page 19 of 26 | Total Record : 259

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