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INDONESIA
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 251 Documents
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Implementation of cites (convention on international trade in endangered species of wild fauna and flora) in dealing with illegal timber trade in Indonesia Siba, M. Angela Merici; Mbiri , Adeodata L.C.B.
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.v7i1.5911

Abstract

This research examines the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora in dealing with illegal timber trade in Indonesia. As a convention, CITES helps Indonesia deal with the illegal timber trade by making rules for timber traders. The problem of illegal logging and timber trade is a global crime. This action has damaged forests and even caused extinction for wildlife due to illegal logging for the benefit of certain groups. In this research, the author uses the literature study method by collecting information from reading which is then analyzed to get results. The purpose of this research is to find out the implementation of CITES in Indonesia in dealing with illegal timber trade that causes forest damage and loss. From the results of the study it can be found that Indonesia has ratified CITES and implemented it in the form of laws and Ministerial regulations. CITES is an international treaty that deals with plant and animal trade. Every country that ratifies CITES must be able to trade legally. By ratifying and making rules in Indonesia, timber trade can be carried out legally and pay attention to various aspects related to the environment. The implementation of CITES has an impact on forest protection, people can trade timber legally and protect animals in the forest.
Property rights according to the civil code in Indonesia Pratiwi, Desi; Luthviah, Shiva Durrotu; Muid, Abdul; Marina, Siti; 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.v7i1.5947

Abstract

This study discusses the basic concept of property rights in the legal system civil law in Indonesia which refers to the Indonesian Civil Code Civil Code (Civil Code). This study examines the fundamental concept of property rights in Indonesia's civil law system, referencing the Indonesian Civil Code (KUHPerdata). Property rights constitute a legal relationship between legal subjects and objects, granting owners direct authority to control, utilize and benefit from the property
Legal studiesWomen's political representation in the regional people's representative council based on law number 7 of 2017 concerning elections in Indonesia Komalasari, Dewi; Jiwantara, Firzhal Arzhi; Hasanah, Siti
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.v7i1.5954

Abstract

Women and men have the same position in politics, Women's involvement has the significance of participating in parliament in the process of policy-making and development participation as well as to enrich the perspectives and experiences that shape public policy. The purpose of this study is to find out how women are represented in political affairs in legislative elections in Indonesia. The method used in this study is a normative research method with a statute approach and a conceptual approach in a qualitative descriptive analysis, the data used in this study is sourced from primary legal materials, secondary legal materials and library research results from various references. The results of the study show that women's representation is increasing, in line with expectations for existing policies on women's representation because there are many issues related to women that require women's representation in legislative institutions. Law Number 7 of 2017 concerning General Elections has expressly stipulated that every political party is obliged to nominate at least 30% of women.
Executive and legislative authority in the administration of local government based on the principles of good governance Wijatono, Setia; Hasanah, Siti; Jiwantara, Firzhal Arzhi
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.v7i1.5955

Abstract

The implementation of local government in the application of Good Governance principles is a demand from the community to the government, One of the forms of  good governance is the image of democratic governance.The purpose of this study is to explain and analyze the authority of the Regional Government and the Regional Representative Council in realizing good governance. This study uses a normative juridical methodwith a statute approachand a conceptual approachin a qualitative descriptive analysis, the data used in this study is sourced from primary legal materials, secondary legal materials and library research results from various references.The results of the study show that in carrying out their duties and functions, even though the position is parallel between the Regional Government and the DPRD. Supervision continues to run as the DPRD's duty always supervises both the government in running the wheels of government and including supervision in public services andlocal governments must not act by abusing authority and exceeding authority, or without authority, so as to realize the state goals (local governments) of welfare in order to implement the principles of good governance.
Harmonization of Border Communities between Indonesia and the Democratic Republic of Timor Leste Binsasi, Heribertus; Seran, Remigius; Nino, Handrianus
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.v7i1.5969

Abstract

This study attempts to reveal the reality of community harmonization on the border between the Indonesian people and the Democratic Republic of Timor Leste people who live around the border area, precisely in the Haumeni Ana Village area, Bikomi Nilulat District, North Central Timor Regency, with the Oecusse District. By using a qualitative approach and a cultural study perspective, the researcher revealed the existence of harmonization between the two groups of people with different national foundations which in principle are based on cultural similarities as atoin meto (people who live on dry land), the same language speech, namely uab meto, tribal unity framed in the term bae feto bae mone (brothers and sisters) so that various problems that occur are often resolved with a local wisdom approach, namely maloe mamat (serving betel nut), tok tabua (sitting in dialogue together), menu tiun (customary oath) and natoni (customary ritual). The recommendations produced in this study are that strengthening policies related to problems that occur in society are handed over to traditional leaders and the government becomes social control over the ongoing process
Juridical review and implementation of child custody rights in court decision number: 144/PDT.G/2021/PN.SIM Ginting Munthe, Hottua Natalia; Sidauruk, Jinner
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.v7i1.5724

Abstract

A family is formed by a legal marriage event both according to religion and the State and in accordance with applicable laws and regulations. In a marriage, it is certain to crave the presence of children to fill a family and produce a complete household. In addition, children are also the successors of their parents' descendants and as the successors of the nation. After having children, parents have the main and important obligations and responsibilities in assisting the growth and development of children. The role of parents is the first teaching in a child's life in the process of shaping and building a good child's character is the obligation of parents in caring for, maintaining and educating until their children grow up. This parental obligation is certainly supported and regulated in Article 45 of Law Number 1 of 1974 concerning Marriage. However, there are many problems in the household that cause conflict between husband and wife in a marriage which causes various problems. One of the problems that occurs as a result of divorce is the transfer of child custody. This research is a type of research normative juridical research on the provisions of Marriage Law number 1 of 1974, with data analysis using a statutory approach and secondary data using scientific journals.
Thugs and village politics: Analysis of social capital in the dynamics of village head elections in Sinjai Regency Agustirawati, Agustirawati; Sukri, Sukri
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.v7i1.5849

Abstract

The election of village heads is one form of democracy in the village. The concept of democracy is what provides the basis and mechanism of power based on the principle of equality and human equality. Democracy places humans as the owners of sovereignty which is then known as the principle of people's sovereignty. To fulfill the rights of each human being cannot be achieved by each person individually, but must be together. Along with the rapid development and construction as an impact of globalization, the phenomenon of thuggery has emerged as one of the negative impacts that occur indirectly from the development of globalization. The phenomenon of the emergence of political thuggery must be prevented as early as possible by all existing political forces, and political parties are actually most responsible for the emergence of this political thuggery, especially for political parties, either directly or indirectly, which encourage the emergence of mass action and the plundering of government power.
Strategic issues in the reform of the criminal procedure code towards an inclusive and effective criminal justice system Yusuf, Arni
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.v7i1.5874

Abstract

Law Number 8 of 1981 established the Criminal Procedure Code (KUHAP) as the foundation of Indonesia's criminal justice system. However, the Criminal Procedure Code faces significant challenges in maintaining relevance to contemporary legal and societal developments, particularly regarding victim recovery, functional differentiation among law enforcement institutions, and the protection of suspects’ and defendants’ procedural rights. This research aims to evaluate the Criminal Procedure Code's effectiveness in addressing these challenges and propose reforms to create a more inclusive and effective criminal justice system. Employing normative descriptive and juridical-analytical methodologies, the study examines relevant legal provisions and identifies practical solutions. The key findings highlight the Criminal Procedure Code’s inadequacies in facilitating restorative justice for victims, its lack of clear institutional coordination mechanisms, and barriers to procedural rights accessibility for suspects and defendants. The research contributes by advocating for revisions to the Criminal Procedure Code to incorporate restorative justice principles for victim recovery, strengthen coordination among law enforcement agencies, and enhance the accessibility of procedural rights for suspects and defendants. These reforms aim to enhance the efficiency of the legal system and deliver substantive justice for all stakeholders involved.
International agrarian conflict on palm oil plantations in Indonesia Ali, Agustin
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.v7i1.5875

Abstract

International agricultural disputes between foreign plantation businesses and indigenous Indonesians demonstrate the intricate relationship between customary, national, and international civil law. Customary law is acknowledged in Indonesian law, although formal legality that favors foreign investment hinders its application, often resulting in indigenous peoples losing access to customary land crucial to their economic and cultural well-being. This paper examines how international civil law affects multinational plantation firms' agricultural conflicts and their obligation to indigenous peoples. The research employs a normative and comprehensive-juridical approach, analyzing national rules, international legal documents like the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and case studies. The findings reveal that the conflict between customary, national, and international civil law is the most significant barrier to resolving these disputes. Foreign firms often advocate for international arbitration, which undermines local and indigenous mechanisms. The absence of harmonization between customary practices, national legal frameworks, and international standards further complicates determining the applicable law. Additionally, while international corporate responsibility norms like the UN Guiding Principles on Business and Human Rights exist, foreign companies frequently disregard their social obligations to indigenous communities. The study contributes to the field by emphasizing the need for harmonized legal frameworks and proposing practical solutions, including strengthening the recognition and enforcement of customary law, implementing Free, Prior, and Informed Consent (FPIC) mechanisms, and embedding international principles into national policies. These measures aim to achieve equitable resolutions by balancing economic development with indigenous rights and environmental sustainability, offering a model for resolving cross-border agrarian disputes in similar contexts.
Implications of civil procedure law reform on judicial practice Yasin, Husain N
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.v7i1.5876

Abstract

In order to address the persistent issues of complexity and inefficiency in Indonesia's judicial system, reforms to civil procedural legislation aim to enhance accessibility and streamline processes. This study examines the effectiveness of these reforms, focusing on challenges such as overly formal procedures and insufficient human and technological resources, using a normative descriptive and juridical-analytical methodology. The findings highlight the positive impact of innovations like e-court systems in simplifying litigation processes, though the success of these reforms hinges on addressing technical infrastructure, enhancing judicial human resource capabilities, and fostering a transformative shift in legal culture. Practical implications of this research include providing actionable insights for policymakers to prioritize investments in technology and training, ensuring that procedural reforms benefit all societal segments, including rural and marginalized communities. The study contributes to the justice system by offering a blueprint for creating a more inclusive, efficient, and people-centered judiciary in Indonesia, fostering greater public trust and procedural fairness.

Page 20 of 26 | Total Record : 251

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