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INDONESIA
Journal of Law Science
ISSN : -     EISSN : 26849658     DOI : -
Core Subject : Humanities, Social,
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
Dilemma of law enforcement against the risk of legal error in forced confessions Asril, Inayah Dzulhijjah
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.v7i1.5884

Abstract

The goals of criminal law enforcement are the prevention of crime and the upkeep of justice via an open and equitable judicial system. On the other hand, mistakes in identifying criminals are a common consequence of the criminal justice system's use of coerced confessions. Not only does this occurrence undermine public confidence in the justice system, but it also breaches human rights. Victims of coerced confessions have tragic consequences; in the Sengkon and Karta instances, for instance, the individuals were convicted of crimes in which they had no role. The case highlights systemic issues with how law enforcement investigates, uses evidence, and is overseen. In order to chart the connection between coerced confessions and mistake in persona, this research employs a normative legal strategy with a descriptive-analytical methodology. Furthermore, the research evaluates the efficacy of current legislation and suggests ways to avoid future problems by using a juridical-evaluative method. Legal sources used for this study range from main sources like the Criminal Procedure Code and the Convention Against Torture to secondary sources like literature reviews and case law. The study's findings suggest that outdated regulations, outdated forensic technology, a lack of public legal education, and a lack of external control mechanisms are all necessary for the legal system to improve in order to eradicate coerced confessions. By using these measures, the public's faith in the criminal justice system may be enhanced while the likelihood of individual errors is reduced. In order to help victims of wrongfully arrested recover their dignity, the research also suggests using a restorative justice strategy.
Realizing synergy between the ministry of communication and informatics and the national cyber and crypto agency in the era of government digitalization Usman, Reynaldi
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.v7i1.5887

Abstract

In particular, overseeing cybersecurity and the protection of personal data in Indonesia has become more difficult in the modern digital age. Inconsistencies in policy often lead to disputes of authority between the National Cyber and Crypto Agency (BSSN) and the Ministry of Communication and Informatics (Kominfo), despite their strategic responsibilities in fostering digital transformation. The absence of effective governance is caused by the overlapping jurisdiction in managing personal data and cybersecurity, which is the fundamental concern. The purpose of this normative descriptive research is to examine legislative measures that might resolve the authority issue between the National Cyber and Crypto Agency and the Ministry of Communication and Informatics. This approach of study delves into both primary and secondary sources of law, including statutes, regulations, and case law from throughout the world. In order to construct a thorough analytical framework, the research also investigates public administration and state administration theories. Findings suggest that formal technical laws, improved coordination mechanisms, and alternative conflict resolution processes like mediation or arbitration may bring about authority synchronization. Furthermore, the efficacy of inter-agency cooperation may be enhanced by enhancing institutional capacity and incorporating best practices from other nations, including Singapore and the European Union. State sovereignty in the cyber world is intended to be strengthened by the proposals that follow, which should help establish a government that is more inclusive, responsive, and flexible in the face of digitalization's problems.
Legal responsibility for the utilization of artificial intelligence that has occurred system error from the perspective of criminal law Fransisco, Wawan; Hafrida, Hafrida; Kusniati, Retno
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.v7i1.6021

Abstract

Every advancement in artificial intelligence and every application built on it must be accompanied by considerations of law, ethics, and humanity. Complex legal issues are inextricably linked to this quick development. The purpose of this study is to determine, examine, and address the legal liability that results from defects in artificial intelligence. Criminal liability is the primary focus of the artificial intelligence issue. The report offers comprehensive insights into recent legal developments, regulatory initiatives, and suggestions to get over these challenges as a result of this investigation. As a result, this study advances knowledge of the legal dynamics surrounding AI legal liability and encourages more conversation in this field.
Reformulation and optimization of birth certificate services of the population and civil registration office serang district Permana, Deni; Saepudin, Eli Apud; Kamilah, Fithrotul
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.v7i1.6029

Abstract

The rate of delay in issuing birth certificates in Indonesia is significant, potentially hampering children's access to basic rights such as education, health and other public services. Based on data compiled by the Central Statistics Agency (BPS) and other relevant institutions, it is estimated that more than 20% of births in some regions in Indonesia are not recorded on time. This delay is caused by various factors, including limited access to civil registration services, lack of awareness about the importance of birth certificates, and technical and bureaucratic obstacles that hinder the registration process. As a result, many children do not have birth certificates within the appropriate timeframe. This study aims to improve the quality of birth certificate services at the Disdukcapil of Serang Regency to make it faster, easier and more affordable for the community. Through a series of analysis and evaluation, several innovative solutions were found that can be implemented. With this reformulation, it is expected that the community can obtain their children's birth certificates more quickly, so that children can access various public services such as education and health without obstacles. The type of research used in this study is descriptive research with a qualitative approach. The location of this research was Serang Regency. This research aims to reformulate and optimize the implementation of this program.
Legal protection for MSMEs in digital trade regulation in Indonesia: A study of aspects of intellectual property rights, business competition, and consumer protection Pramana, Yorie F
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.v7i1.6033

Abstract

The development of digital trade in Indonesia presents significant opportunities for Micro, Small, and Medium Enterprises (MSMEs) to grow but also poses substantial challenges in legal protection. MSMEs face issues such as weak protection of intellectual property rights (IPR), unhealthy business competition, and inadequate consumer protection. This phenomenon highlights the need for an in-depth analysis of existing regulations and their implementation in the context of digital trade. This study employs a normative juridical method with a statute approach and case approach to analyze relevant regulations, such as Law No. 28 of 2014 on Copyright, Law No. 5 of 1999 on Prohibition of Monopolistic Practices, and Law No. 8 of 1999 on Consumer Protection. The findings reveal that although the regulations provide a sufficient legal framework, their implementation is hindered by the lack of MSME awareness, complex administrative processes, and weak oversight. The results of this research recommend that the government simplify procedures, improving legal and digital literacy, and strengthening oversight to create an inclusive and sustainable digital trade ecosystem.
Legal protection of minors who marry without an application for dispensation of marriage Marlin, Marlin; Sariah, 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.v7i1.6100

Abstract

This study aims to determine the form of Legal Protection for Minors Who Marry Without a Marriage Dispensation Application in Latoma District, Konawe Regency. This study uses a cumulative research method using an empirical juridical approach. The primary sources in this study are married minors, judges of religious courts and communities. In data collection, field observation, interviews and documentation methods are used. The results show that for underage marriages that take place without a marriage dispensation, it will result in the absence of a guarantee of legal protection from a competent institution that can provide a guarantee that the marriage that occurs is not a violation of the rights of children and in contrast to a minor marriage that receives a determination of marriage dispensation, the role of the court is significant in providing a guarantee of protection for children. Marriage dispensation is necessary in terms of fulfilling the order of Law Number 16 of 2019 concerning Marriage, that deviations from the age of marriage in the Marriage Law can be requested for dispensation to the Religious Court or other officials appointed by both parents from the male and female sides.
Indonesian Coastal Management and Corporate Social Responsibility Muhammad, Nur Alifhia; Haning, Moch Thahir; Yunus, Muhammad
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.5764

Abstract

This study examines the effectiveness of PT Huadi Nickel Alloy Indonesia's Corporate Social Responsibility (CSR) program in the coastal area of Bantaeng Regency, South Sulawesi, Indonesia, focusing on its impact on the local community, particularly in addressing clean water scarcity due to industrial activities. A qualitative approach with a descriptive method was employed, using interviews, observations, and document analysis to collect data from key informants. The effectiveness was analyzed using three indicators: goal attainment, integration, and adaptation. The results show that the CSR program has provided positive impacts but has not been entirely comprehensive due to budget limitations and conflicts among community members. The integration of the program has been facilitated through communication and coordination between stakeholders, but further efforts are needed to enhance integration and align the program with the community's needs. The adaptation has been supported by local government regulations, but strengthening collaboration is necessary to ensure sustainability. In conclusion, despite limitations and challenges, the CSR program has provided positive impacts for the coastal community. Further efforts are required to increase coverage, expand beneficiaries, and strengthen collaboration to ensure the program's sustainability and effectiveness in improving the welfare of the coastal community
Legal impact and criminal challenges of the spread of false information on social media in the digital era Gultom, Maidin; Flora, Henny Saida; Munawwarah, Siti; Simbolon, Netty Mewahaty; Endrawati, Eka Ari
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.5804

Abstract

The purpose of this research is to examine the criminal difficulties and legal ramifications of the modern era's epidemic of disinformation on social media in an effort to come up with thorough answers to these issues. The proliferation of hoaxes and other forms of misinformation has threatened Indonesia's social, political, and economic stability in recent years, thanks to the proliferation of social media and other forms of online communication. Another major problem with prosecuting hoaxers is the difficulty of law enforcement in the digital sphere, which includes factors like the anonymity of the offenders, different interpretations of rules, and the general public's lack of competence with digital technology. A descriptive-analytical technique is used in the research method of normative legal studies. In order to find problems and provide answers, this study compares applicable rules with international standards, namely the Criminal Code and the Electronic Information and Transactions Law. Laws, judicial judgments, and other primary legal documents are complemented by secondary legal items such as scholarly publications and literature. The study's findings reveal that despite the existence of laws like the Electronic Information and Transactions Law, its execution is often hindered by the international character of cyberspace and the dearth of funding for digital forensics tools. To combat these issues, the report suggests more adaptable regulation updates, societal efforts to increase digital literacy, technological advancements for law enforcement, and international collaboration. Additionally, law enforcement must strike a balance between protecting individuals' right to free speech and discouraging criminal behavior
Examining 5 types of evidence in article 1866 of the civil code as a pillar of civil law enforcement in Indonesia Kupang, Frisca Melati
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.5818

Abstract

This research examines the use of five categories of evidence as defined in Article 1866 of the Civil Code (KUH Perdata) in the digital age, particularly electronic evidence as a legitimate form of proof. This research also outlines legal and practical challenges in employing non-traditional evidence in Indonesian civil justice. Normative legal study is descriptive and juridical-analytical. Along with associated rules and regulations, periodicals, legal literature, and comparative studies of other nations' legal systems are employed. The research found that although Article 1866 of the Civil Code provides a fundamental foundation for civil law evidence, the legal vacuum around electronic evidence produces legal ambiguity and inconsistency in court application. Lack of technical rules for digital evidence authentication, judge interpretation variances, and law enforcement technological competence are further challenges. Legal reform to incorporate electronic evidence, technical training for lawyers, technological infrastructure development, and Civil Code and Electronic Information and Transactions Law harmonization are suggested answers. This research offers an integrated strategy including all stakeholders to construct a civil law evidence system that is sensitive to contemporary changes and ensures justice and legal clarity for all parties
Coalition and opposition in the perspective of Indonesian constitution Jamila, Jamila
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.5819

Abstract

This paper examines the coalition and opposition in the Indonesian constitutional system based on the 1945 Constitution and how political dynamics between them affect executive legislative supervision. In Indonesia's multi-party presidential system, a dominating coalition and a weak opposition make checks and balances difficult. This study combines a normative legal research technique using a normative descriptive approach to map the coalition and opposition and a juridical-analytical approach to examine legislative oversight's legal and practical restrictions. Along with scientific research and comparisons of political systems in other nations, the 1945 Constitution, associated statutes and regulations, and Constitutional Court rulings are employed. The research found that although the 1945 Constitution does not directly govern the coalition and opposition, political practices in Indonesia reveal that the coalition dominates and the opposition is divided and ineffective. The inadequate parliamentary monitoring of executive policies, which are typically formality, is affected. To ameliorate this political dynamic, legal change to formalize opposition regulation, legislative capability, and electoral system simplification are recommended. The research concludes that political and legal change is needed to guarantee Indonesian democracy upholds people's sovereignty and government accountability.