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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 Existence Of Regional Representative Boards In The Indonesian Representative Institution System Alexander J Sinukaban
Journal of Law Science Vol. 2 No. 1 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i1.1607

Abstract

The Regional Representative Council is a state institution that has a certain structure, position, task and authority by the 1945 Constitution which has been amended. With the presence of this state institution, it also influences and changes the structure of the people's representative institutions in Indonesia, and also the Indonesian state administration system. In the course of the system of Indonesian representative institutions, there was an institution whose duties and capacities were similar to those of the Regional Representatives Council, namely the Senate. Where the Senate was formed during the validity period of the RIS Constitution, along with the development of the Indonesian state administration, this institution was also erased when the Indonesian Constitution returned to the 1945 Constitution. The existence of this institution was replaced with Regional Representatives and Group Delegates, in which they represented regions and groups. certain groups in Indonesia. The first, second, third, and fourth amendments to the 1945 Constitution gave birth to the Regional Representative Council where with this amendment there was a change in the Indonesian state administration system, where with this amendment the People's Consultative Assembly changed both its structure and position, in its structure the People's Consultative Assembly The People's Representative Council consists of the People's Representative Council and the Regional Representative Council, while its position is no longer the highest state institution, but it is equal to the DPR, DPD, President, and other State Institutions as State High Institutions. The Regional Representative Council has similarities with several similar institutions in other countries, namely the Senate (United States) and the State Council (Malaysia) where they already have a strong position in the parliamentary system in their respective countries.The position, duties, rights, and authorities of the Regional Representatives Council in the Indonesian state administration system do not appear to have the same power as the very powerful House of Representatives. This is what invites debate in the existence of the Regional Representative Council. Where the existence of the Regional Representative Council should be improved and given a position and authority that is equal to the Regional Representative Council.
Legal Efforts For The Parties To The Sale and Purchase Agreement of Goods (Comparative Study of The United Nation Convention on Contracts For The International Sale of Goods (CISG) Provisions and The Civil Code in International Trade) Shelly Yusika
Journal of Law Science Vol. 2 No. 1 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

A sale-purchase agreement is a type of reciprocal agreement that involves two parties, namely the seller and the buyer. Both parties who make a sale-purchase agreement each have the right and obligation to carry out the contents of the agreement they made. As in general, an agreement is a legal institution based on the principle of freedom of contract where the parties are free to determine the form and content of the type of agreement they make. However, the freedom to make an agreement will be different if it is carried out in a wider scope involving parties from countries with different legal systems. Each country has its own provisions which may differ from one another. This research is entitled: Legal Efforts for the Parties in the Sale-Purchase Agreement of Goods (Comparative Study of the Provisions of The United Nation Convention on Contract for the International Sale of Goods (CISG) and the Civil Code in International Trade). The problems that will be discussed from this research are: How to regulate the rights and obligations of the parties in a sale and purchase agreement in international trade both in the Civil Code and The United Convention On Contract For The International Sale Of Goods (CISG) as well as legal remedies that can be taken by the parties. parties in the event of an international trade dispute in the Civil Code and The United Convention On Contract For The International Sale Of Goods (CISG) This research is normative legal research. The first step is to carry out normative legal research based on secondary legal materials, namely an inventory of regulations relating to contracts and buying and selling of goods internationally, both contained in the Civil Code and in The United Convention On Contract For The International Sale Of Goods (CISG). ). In the CISG legal remedies for sellers and buyers in the event of a dispute on the implementation of the agreement are divided into three categories, namely in terms of breach of contract, fundamental contract, and anticipatory breach. In the Civil Code, legal remedies for the parties in the sale-purchase agreement are regulated in Article 1236-1243 of the Civil Code in the event of a specific default and default, each of which has different consequences and duration of filing a lawsuit. Meanwhile, the claim for compensation is regulated in Articles 1243-1252 of the Civil Code.
Legal Review Doctor’s Professional Liability Insurance To Patients Febrina Lorence Sitepu
Journal of Law Science Vol. 2 No. 1 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i1.1613

Abstract

The cause of disputes that occur between patients and doctors is often due to an alleged medical malpractice carried out by doctors in carrying out their duties as providers of health services to patients, and resulting in losses for patients. Through professional liability insurance, doctors can transfer all risks of a patient's lawsuit against him to the insurer by paying a certain premium, and the insurer provides compensation to the patient who filed the lawsuit. As for the problem in this thesis is how the professional obligations of doctors in providing services to patients and the possibility of malpractice as the basis for the existence of medical professional liability insurance,The research method used in the preparation of this thesis is the normative juridical method. The normative juridical research method is used in this study to conduct searches on legal norms, as well as to obtain data and information contained in various literatures in libraries, research journals, newspapers, magazines, internet sites and so on. Doctors' professional obligations in providing services to patients are regulated in the Indonesian Medical Code of Ethics (KODEKI) and Law No. 29 of 2004 concerning Medical Practice. Broadly speaking, the doctor's professional obligations to the patient are: protecting the life of human beings, being sincere and using all their knowledge and skills for the benefit of the patient, keeping everything he knows about a patient even after the patient dies, performing emergency assistance as a duty. humanity, as well as increase knowledge and follow the development of medical science or dentistry. Medical malpractice is a doctor's behavior that is not right, which violates morals and laws. This malpractice occurs due to negligence in carrying out the practice of the medical profession. Legal liability insurance arises in connection with legal aspects in society where it is possible to sue other parties as individuals or business entities for careless actions or negligence. Arrangements for legal relations between doctors and insurance companies are specifically regulated in insurance policies. The policy is used as evidence that there has been an insurance agreement between the insurer (insurance company) and the insured (doctor). In addition, the regulation of legal relations between doctors and insurance companies is also regulated in the Commercial Code, the Civil Code, and Law no. 23 of 1992. The forms of risk that can be transferred by the doctor as the insured with the insurance company as the insurer are: bodily injury to the patient caused by the actions of the insured that occur in the area of ??coverage during the validity of the policy, actions taken by authorized health workers who are not doctors or doctors teeth that help the insured, events that result in loss and claims from patients, professional liability insurance only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. bodily injury to the patient caused by the actions of the insured that occurred in the coverage area during the validity of the policy, actions taken by authorized health workers who were not doctors or dentists who assisted the insured, events that resulted in losses and claims from patients, liability insurance the medical profession only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. bodily injury to the patient caused by the actions of the insured that occurred in the coverage area during the validity of the policy, actions taken by authorized health workers who were not doctors or dentists who assisted the insured, events that resulted in losses and claims from patients, liability insurance the medical profession only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. events that result in losses and claims from patients, medical professional liability insurance only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. events that result in losses and claims from patients, medical professional liability insurance only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. Based on these explanations and conclusions, the author suggests that professionals should take professional legal liability insurance, especially for doctors to take medical professional liability insurance. It is recommended that efforts to introduce medical professional liability insurance products be increased to protect patients and doctors in the event of medical malpractice. The amount of premium should be adjusted to the condition of doctors and patients in Indonesia. In accordance with the development and progress of the medical profession, the Government should immediately stipulate a provision regarding the medical professional standard.
Government Policy in Giving Income Tax Facilities to Investment Companies Based on Government Regulation (PP) No. 62 Year 2008 Puput Dini Lestari
Journal of Law Science Vol. 2 No. 2 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

Investment facilities are provided taking into account the level of economic competitiveness and the state's financial condition and must be promotive compared to facilities provided by other countries. Investment will only increase if a conducive and healthy investment climate is created and Indonesia's competitiveness is increased as an investment destination. For this reason, the government needs to issue an important policy for the country in facing the global financial crisis that is happening today in the form of providing tax incentives, especially income taxes for investment activities, where the policy is expected to strengthen Indonesia's position in facing the global financial crisis. The formulation of the problem in this thesis is a study of income tax based on Law no. 36 of 2008, the policy on tax facilities in investment in order to encourage the creation of a conducive national business climate and to accelerate the increase in investment, as well as the provision of income tax facilities based on Government Regulation (PP) no. 62 of 2008 and the effect of government policies on income tax facilities on the Indonesian economy.The research method used is a normative legal research method. The normative legal research method is a research conducted by collecting data through library research. The written sources or materials used in the writing of this thesis are books, newspapers, and internet searches. Changes in income tax provisions in Law no. 36 of 2008 especially in terms of reducing the income tax rate on taxable income aimed at creating a competitive investment climate in Indonesia. Policy on tax facilities in investment to encourage the creation of a conducive investment climate to strengthen the competitiveness of the national economy. Provision of income tax facilities for investment as regulated in Government Regulation no. 62 of 2008 can stimulate investment that can encourage quality economic growth by absorbing a lot of workers.
Juridical Review On Micro, Small, And Medium Business Loans (MSMEs) With Fiduciary Guarantee In Bank BPD Aceh Muliana
Journal of Law Science Vol. 2 No. 2 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The background of writing this thesis is an interest in the issue of Micro, Small and Medium Enterprise Credit. In writing this thesis, the problem is how to implement micro, small and medium business credit at Bank BPD Aceh, how to provide fiduciary guarantees in micro, small and medium business loans at Bank BPD Aceh, and how to resolve disputes over micro, small and medium business loans. medium that is associated with fiduciary guarantees. based on the title of this thesis, the research is located at Bank BPD Aceh The research method is carried out by data collection, and data collection is carried out by seeking information based on the documents and archives of Bank BPD Aceh related to research, where this aims to find out Micro, Small and Medium Business Credit, namely how to explain the implementation of business credit micro, small and medium enterprises, provision of fiduciary guarantees in micro, small and medium business loans, and dispute resolution of micro, small and medium enterprises credit related to fiduciary guarantees. The results of the study indicate that the settlement of disputes related to fiduciary guarantees can be carried out peacefully, and can be carried out on debtors who have good intentions to settle their credits. Problem solving is carried out by examining in advance the extent to which the goods are tied up through a guarantee institution, so that Bank BPD Aceh can find out its position as a concurrent creditor and the problems it will face in terms of the collateral that has been tied up with other debts it receives as credit collateral. Legal protection in Micro, Small and Medium Business Loans at Bank BPD Aceh with the implementation of the general credit policy (KUP) of Bank BPD Aceh which is the implementation of the Decree of the Board of Directors of Bank Indonesia No. 27/162/KEP/DIR dated March 31, 1995, concerning the obligation to formulate and implement bank credit policies for commercial banks. It was concluded that the micro, small and medium business in the PPK-BM (Guidelines for the Implementation of Small Business Business Credit) is one of the business segments in Bank BPD Aceh which is a banking system implemented by Bank BPD Aceh in carrying out its function as a financial intermediary. for financing micro, small and medium enterprises.
Juridic Review On-Line Approval Of The Deed Of Establishment Of A Limited Company Through Sisminbakum Emmy Butar Butar
Journal of Law Science Vol. 2 No. 2 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i2.1617

Abstract

Limited Liability Company (PT) is a form of legal entity in Indonesia. A company obtains the status of a legal entity after the deed of establishment is approved by the Minister of Law and Human Rights. To obtain the legalization of a legal entity, a notary as the power of attorney submits an application for legalization of the establishment of a PT through information technology services for the Legal Entity Administration System (Sisminbakum) electronically to the Minister of Law and Human Rights by filling out the Model I Form. The online legal entity legalization service through Sisminbakum is an issue new in Law no. 40 of 2007 concerning Limited Liability Companies, but in reality the Sisminbakum has been in force since 2001, while UUPT No 1 of 1995 does not regulate the process of ratifying the deed of establishment of a PT whether it is done manually or electronically.The problem in this thesis is regarding the procedure for establishing a PT based on UUPT No 40 of 2007, the legal basis for the ratification of the deed of establishment of a PT online through Sisminbakum, the procedure for ratifying the deed of establishment of a PT online and the legal certainty of the SK legalization of the legal entity PT which is signed electronically. The writing of this thesis uses a descriptive normative legal method. Secondary data were collected through library research, then analyzed using deductive and inductive methods. Sisminbakum is an official website which is a computerized system in ratifying the establishment of a legal entity owned by the Directorate General of General Legal Administration (Dirjen AHU). The Sisminbakum is enforced based on the Decree of the Minister of Justice and Human Rights of the Republic of Indonesia No. M-01.HT.01.01. Year 2000 concerning the Enforcement of the Legal Entity Administration System at the Directorate General of General Legal Administration, Ministry of Law and Human Rights of the Republic of Indonesia. The application for legalization of the company's deed of establishment is submitted by a notary through the Sisminbakum by filling out the Model I Form I (FIAN I). The steps that must be taken in the FIAN I application through this Sisminbakum are: checking the name, then filling out the Pre FIAN I Supporting Documents (FIAN I Prerequisites) then filling in the data in the FIAN I process then correcting and ending the sending of Physical Documents. If the physical documents are complete and meet the requirements, an electronic decision letter will be signed by the Minister of Law and Human Rights and then sent to the requesting notary. The decision letter for ratification of this PT has strong legal force.
The Existence Of PT Jamsostek In Social Security Services For Participant Time Working Agreements (PKWT) ( Study at PT Jamsostek (Persero) Belawan Branch) Jones Parapat
Journal of Law Science Vol. 2 No. 2 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i2.1619

Abstract

One of the rights inherent in human nature and existence is the right to social security. Therefore it is often argued that social security is a universal/general program that must be implemented by all countries. In the 1948 United Nations Universal Declaration of Human Rights Article 22 and Article 25 it is stated that: "Everyone, as a member of society has the right to social security: in the event of unemployment, illness, disability, inability to work, widowhood, old age" . Social security includes labor social security programs which are generally intended to provide protection and welfare for workers. There is no exception for workers based on a Specific Time Work Agreement which basically has different characteristics both in the implementation of their work and in terms of wages which emphasizes more on the Work Agreement agreed between the worker/laborer and the entrepreneur and the term of the working relationship is not permanent as is the case with to permanent workers/labourers. Because of these different characteristics, the regulation also needs to be regulated in a separate regulation, namely the Decree of the Minister of Manpower Number KEP- 150/MEN/1999 concerning the Implementation of the Social Security Program for Workers for Casual Daily Workers, Wholesale and Specific Time Work Agreements.The implementation of the social security program for workers based on a Specific Time Work Agreement (PKWT) in its implementation often does not work as expected which is able to provide protection and welfare / peace of mind for PKWT workers so that the authors are interested in raising this issue as a problem in the thesis. entitled "The Existence of PT Jamsostek (Persero) in Social Security Services for Workers with a Specific Time Work Agreement (PKWT)". This research is expected to be able to answer how the implementation of the labor social security program for PKWT workers, and find out what efforts can be made to ensure the protection of the Labor Social Security for PKWT workers,This research was conducted using library research and field research methods to obtain material as a reference in writing related to the problems of writing this thesis which in the end was able to provide benefits for various related parties in order to provide protection and welfare for workers. work especially for workers based on a Specific Time Work Agreement which in the end can play an active role in increasing economic growth for the welfare of the community and the future development of the nation.
Fingerprint As A Means of Identification In The Crime Of Murder (Study At Polresta Pematang Siantar) Putri Sari Tampubolon
Journal of Law Science Vol. 2 No. 2 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i2.1620

Abstract

The crime of murder is currently one of the most complicated and very serious problems faced by individuals, society, law enforcement, and the government. The impact of this act of killing was felt very strongly by the community, namely the disruption of security and order in society. Therefore, this crime of murder needs to be handled or tackled seriously. It is in this part of the investigation that the Police can take the first step, namely managing the crime scene (TKP) by identifying any evidence found such as objects that are strongly suspected of being related to the incident, including the victim, objects around the victim or in the vicinity of the victim. around the crime scene. And for the purposes of investigation, the Police are authorized or entitled to take several actions that have been regulated or determined by the Law on the Indonesian National Police No. 2 of 2002 in Article 15 paragraph (1), including taking fingerprints and other identities and taking pictures of someone. This is the reason behind the author's interest in writing a thesis with problems including: How is the process of formulating fingerprints (dactyloscopy) in identifying a crime of murder; What is the role of fingerprints as a means of identification in a murder crime and what are the obstacles faced in the process of identifying a murder crime by using fingerprints as a means of identification. The research used in this thesis is a normative juridical research method which in research the author generally uses library materials or secondary data as basic data materials in research activities. Through this thesis, it is hoped that it can provide input for law enforcement officers, especially the POLRI in uncovering the crime of murder through fingerprints as a means of identification. Regarding the realization of the recognition and protection of one's right to life, this is a very serious matter because, as stated earlier, this right is the most essential right for every human being. However, recently, more and more problems have been faced with regard to the realization of this right to life, among which the most common is the deprivation of the right to life. Deprivation of the right to life that we usually or often encounter is by coercion and violence which is generally known in our society as an act of murder or a crime of murder. However, recently, more and more problems have been faced with regard to the realization of this right to life, among which the most common is the deprivation of the right to life. Deprivation of the right to life that we usually or often encounter is by coercion and violence which is generally known in our society as an act of murder or a crime of murder. However, recently, more and more problems have been faced with regard to the realization of this right to life, among which the most common is the deprivation of the right to life. Deprivation of the right to life that we usually or often encounter is by coercion and violence which is generally known in our society as an act of murder or a crime of murder.
Criminal Liability Against The Criminal Act of Trafficting Children for The Purpose of Prostitution (Study of Decision No. 1.262/Pid. B/2008/PN. Mdn) Grace Eka Astuti Tamba
Journal of Law Science Vol. 2 No. 3 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i3.1625

Abstract

Trafficking in people for the purpose of prostitution is one of the fastest growing criminal activities in the world. This crime continues to grow nationally and internationally. Although men are also victims of trafficking, the majority of those trafficked are women and children who come from poor families in rural and urban slum areas. The way it works always involves brokers or agents. The brokers and agents are tasked with approaching victims in rural areas, crowds, cafes, and restaurants. Cases of crimes against women and children or trafficking, even though they have been handled, are expected to continue to increase. This condition is influenced by the still weak economic level for some regions and weak law enforcement. This is the reason behind the author's interest in writing a thesis with problems including what regulations are related to child trafficking and how is criminal responsibility for perpetrators of criminal acts of child trafficking for the purpose of prostitution. This thesis is a normative juridical research, by conducting library research and analyzing the decision of the Medan District Court in Case Register No. 1.262/ Pid. B/ 2008/ PN. Mdn.In Indonesia itself, the problem of prostitution is not a new thing. This can be seen from the era of the Javanese kingdoms which was growing during the colonial era. During the Dutch colonial era, the WvS (KUHP) was enacted which was also used by Indonesia. However, the Indonesian government feels that the articles in the Criminal Code cannot ensnare traffickers, then the government seeks a ban on child trafficking which has been stated in various laws and regulations, starting from Law no. 39 of 1999 until the enactment of Law No. 21 of 2007 on the Eradication of the Crime of Trafficking in Persons. Indonesia also participates at the international level, namely by ratifying various conventions, namely the Convention on the Rights of the Child in 1989 and the ILO Convention Number 182 in 1999. Regarding the concept of criminal responsibility for the perpetrators of the crime of trafficking in children for the purpose of prostitution, it is the same as criminal liability in general, namely that there must be errors and the ability to be responsible, where the implementation of the criminal provisions is seen from the tempus delicti.
An Overview Of The Immediate Execution Of Amar Decisions (Uitvoebaar Bij Voorad ) In Civil Cases in The Kabanjahe State Court Aries Shandy Pasca Ginting
Journal of Law Science Vol. 2 No. 3 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i3.1626

Abstract

The decision immediately (uitvoerbaar bij voorraad) is a breakthrough against the slow judicial process. Through the uitvoerbaar bij voorraad institution, the Court's decision can be executed even though the decision has not yet obtained permanent legal force. However, this uitvoerbaar bij voorraad turned out to cause many problems in its implementation practice. One of the problems that often occurs is the process of executing decisions immediately. The District Court as the spearhead of executing the decision immediately (uitvoerbaar bij voorraad) often encounters obstacles in executing the decision. Normative research is conducted by examining laws and regulations, legal materials, and other materials related to the writing of this thesis. Sociological research was conducted by conducting research at the Kabanjahe District Court. The types of data used are primary data and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials.The existence of a guarantee by the applicant for execution is one of the conditions for the immediate execution of the decision. Without this guarantee, the execution of the decision cannot be carried out immediately. Barriers to the immediate execution of the decision (uitvoerbaar bij voorraad) at the Kabanjahe District Court were not the immediate issuance of an execution permit by the Head of the Medan High Court, the applicant for execution was unable to submit guarantees, and obstacles in the field in the form of mass mobilization by the Respondent for execution. If the execution of the decision is immediately delayed (uitvoerbaar bij voorraad), the District Court of Kabanjahe takes measures to overcome the delay in execution. In the event that the execution of the decision is immediately hampered because the chairman of the Medan High Court has not issued an execution permit immediately, then the only way to implement the contents of the decision is to wait until the decision has permanent legal force. If the execution delay is due to the inability of the execution applicant to provide guarantees, then the Chief of the Kabanjahe District Court will advise the execution applicant to borrow money from family or relatives, friends, or the bank. In the event that the execution is delayed due to obstacles in the field, the Court bailiff and the police will take persuasive efforts. the Head of the Kabanjahe District Court will advise the execution applicant to borrow money from family or relatives, friends, or the bank. In the event that the execution is delayed due to obstacles in the field, the Court bailiff and the police will take persuasive efforts. the Head of the Kabanjahe District Court will advise the execution applicant to borrow money from family or relatives, friends, or the bank. In the event that the execution is delayed due to obstacles in the field, the Court bailiff and the police will take persuasive efforts.

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