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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 251 Documents
Optimization of asset confiscation in prevention and eradication of money laundering Tute, Cahyani
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.v7i2.5820

Abstract

Transnational money laundering threatens economic stability and national security. One effective way to end this crime is to confiscate assets to stop the flow of criminal cash and prohibit their utilization. However, legal complexity, technological asset tracking hurdles, institutional coordination issues, and international collaboration issues hinder asset seizure in Indonesia. The lack of openness and accountability in seized asset management damages the state and lowers public faith in the judicial system. This work analyzes the asset confiscation mechanism specified in Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering and other associated laws using a normative legal research technique with a descriptive and juridical-analytical approach. As well as the Money Laundering Law and the Criminal Procedure Code (KUHAP), this research uses literature, periodicals, and comparative analysis with foreign legal systems. This research optimizes asset confiscation and identifies legal, technological, and administrative barriers. The analysis found that although the legislative foundation is appropriate, its execution is difficult. Weak law enforcement cooperation, technical limits in asset monitoring, and legal loopholes that produce variations in the reverse burden of evidence principle hinder asset confiscation. Additionally, inadequate asset management repeatedly costs the state money. To improve asset management transparency and accountability, legislative modifications, cross-institutional and international collaboration, and contemporary technology are required.
Cyanide traces in coffee mystery of wayan mirna salihin's death Diu, Raimun M. Yunus
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.v7i2.5821

Abstract

The legal evidence procedure in the Wayan Mirna Salihin murder case, involving Jessica Kumala Wongso, is examined in this paper. Cyanide content is the key evidence. The research evaluates the validity and robustness of scientific evidence, specifically toxicological analysis, and how it is incorporated into the Indonesian criminal justice system using normative legal methodologies with descriptive-analytical and juridical-empirical approaches. The study data comprises legislation, court papers, and secondary legal information from scientific publications and journals. Results of the research show that cyanide levels in coffee is important to confirming murder. CCTV video, toxicological expert testimony, and motivation analysis convinced the court that Jessica mixed cyanide. The defense team questioned the laboratory test procedure and the absence of direct witnesses, casting doubt on this evidence. The Indonesian court system uses scientific and circumstantial evidence, yet popular opinion and controversy still affect justice views. Jessica was sentenced to 20 years in jail. This research concludes that Indonesia's legal evidence system needs improvement, particularly in scientific evidence management and proof criteria. Improvements to judicial openness and forensic competence are suggested to achieve substantive justice in difficult instances.
Handling victim blaming in cases of sexual violence against women (KBGO) by law number 12 of 2022 Ishwara, Ade Sathya Sanathana
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.v7i2.5835

Abstract

Women are considered vulnerable groups, accounting for the majority of sexual violence victims. People often place partial or complete blame on women for the sexual violence they have experienced. This relates to the concept of gender equality, patriarchal culture, and the mass media. This research aims to provide a comprehensive understanding of the Sexual Violence Crime Law through literature studies, based on the principle that the best interests of the victim can reduce and prevent the occurrence of victim blaming. The research method applied is normative legal research, which uses a statutory and conceptual approach. The results of this research demonstrate the existence of various forms of victim blaming, their associated impacts, and the role that the Law of the Republic of Indonesia Number 12 of 2022 concerning the Crime of Sexual Violence plays in preventing and reducing victim blaming. Therefore, we anticipate that the results of this study will enhance our understanding of criminal law, particularly in the context of handling victim blaming in sexual violence cases, and offer valuable insights for government and law enforcement officials in the areas of law enforcement, public order, and public peace.
Mechanism of Commuting the Death Penalty to Imprisonment Based on Scientific Evidence Mahar, Yovianes
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.v7i2.6005

Abstract

This study discusses the application of the death penalty in the National Criminal Code (KUHP Nasional)) and the legal mechanism related to the commuting of the death penalty to imprisonment for 20 years or life. Although the National Criminal Code accommodates the death penalty as an alternative punishment, there is an urgency to reconstruct a clear mechanism related to the commuting  of criminal forms, in order to avoid abuse of power. This study uses legal research methods, with psychological, and philosophical approaches, to analyze the differences between the provisions of the death penalty in the colonial and national codes, as well as the implications of their application. One of the main focuses is the importance of psychological assessment in determining whether a convict deserves a reduced sentence, taking into account factors such as remorse, empathy, and emotional stability. The results of this study show that the punishment commuting  mechanism requires further regulation and transparent evaluation to ensure fair and accountable decisions
Legal protection for investors in cases of illegal cryptocurrency-based investments in Indonesia Pratama, Rizki; Angriani, Jum
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.v7i2.6080

Abstract

Cryptocurrency-based investments in Indonesia are rapidly developing with advancements in digital technology, but illegal investment practices often harm investors. The low level of financial literacy and regulatory gaps are exploited to run illegal schemes such as Ponzi and multi-level marketing (MLM), as seen in the case of E-Dinar Coin. (EDC Cash). This research aims to analyze legal protection for investors in cases of illegal cryptocurrency investments in Indonesia. The method used is a normative juridical approach with a literature study and case study. The analysis was conducted on regulations such as the ITE Law and Bappebti Regulation Number 5 of 2019, as well as related court rulings. The research results show that the regulations have not been effective in protecting investors due to weak supervision, lack of synchronization between institutions, and the absence of a compensation mechanism. Strengthening regulations, strict supervision, and digital literacy education are needed to create a safe and transparent cryptocurrency investment ecosystem in Indonesia
Loan to a bank under a credit agreement with a certificate of title as collateral Ismayani, Ismayani
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.v7i2.6096

Abstract

This research aims to analyse the problems arising in the granting of credit by PT Bank Sumut related to the inclusion of standard clauses in credit agreements that are detrimental to the debtor, in this case Rudi Hartono Silitonga. The case studied involves the provision of a credit facility with the type of KRK-SPK credit worth Rp. 4,500,000,000,- for financing the construction project of Bridge II Sta 0+815-Sta 0+835 (Sigalang-galang II Bridge) in Siantar Martoba District, Pematangsiantar City, which is guaranteed by a Certificate of Ownership (SHM) in the name of Irwan Nasution. The problems that arise are related to violations of the legal provisions governing the inclusion of standard clauses in credit agreements, which are allegedly not transparent and not in accordance with applicable consumer protection provisions. This research uses a normative legal approach to analyse the relevant laws and regulations as well as the credit agreement made unilaterally by the bank. The results showed that the standard clause in the credit agreement used by PT Bank Sumut had the potential to harm the debtor because there was no information disclosure regarding the transfer of obligations and conditions governing the transfer of insurance responsibility. In addition, arrangements regarding the transfer of credit risk are not adequately informed to the debtor, which leads to alleged violations of consumer rights. This research suggests the need for greater transparency in the preparation of clauses in credit agreements and the importance of better fulfilment of legal obligations by lenders to avoid harm to consumers
Katingan regency regional government synergy in mitigating forest and land fires Budiono, Teguh; Kristanto, Kiki; Wardhani, Novea Elysa
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.v7i2.6107

Abstract

Forest and land fires (karhutla) in Katingan Regency, Central Kalimantan, are a serious issue that occurs almost every year, particularly in peatland areas. Karhutla not only causes ecological damage, such as ecosystem degradation and loss of biodiversity, but also has social and economic impacts, including health problems caused by haze, economic losses, and increased carbon emissions that accelerate global warming. Peatland areas are of particular concern due to their large carbon reserves, which, when burned, release significant emissions. The issue addressed in this study is the effectiveness of the synergy between Katingan  regency Local Government in forest and land fire mitigation, which still faces challenges, particularly in coordination between central and local governments, budget constraints, and suboptimal resources in fire control in vulnerable areas such as Katingan. This study evaluates the synergy between local governments, communities, and stakeholders in mitigating karhutla using a juridical-empirical approach. Although various policies have been implemented, such as regional regulations and the construction of canal blocks, their implementation faces challenges, including geographical factors, limited budgets, a lack of trained human resources, and weak law enforcement. The findings of this research indicate that the mitigation of forest and land fires in Katingan  regency is still constrained by limited resources and coordination, hence stronger synergy among stakeholders is required. Hence, a more integrated approach and collaboration among all parties are needed to develop effective mitigation strategies, preserve ecosystem sustainability, and support the achievement of Sustainable Development Goals (SDGs).
Implications of Artificial Intelligence (AI) on structural transformation and social control dynamics of society Efraim, Efraim; Farina, Thea; Hayati, Mulida
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.v7i2.6108

Abstract

The development of Artificial Intelligence (AI) has significantly impacted structural transformation and the dynamics of social control within society. AI not only changes how individuals interact with the world but also influences various sectors such as the economy, education, and government. Large-scale automation and data processing enable greater efficiency but also present complex social challenges, including technological access inequality, job displacement, and ethical and privacy concerns. This study aimed to analyze the implications of artificial intelligence (AI) on the structural transformation and dynamics of social control in society. This article discusses how AI has become a catalyst for social change, affecting human interaction patterns, job structures, and the legal regulations needed to ensure that technological advancements align with principles of justice and inclusivity. A normative juridical approach is used to analyse the impact of AI on legal and social norms, as well as how regulations can address emerging challenges. The study’s findings indicate that AI holds significant potential to improve human quality of life through efficiency and innovation but may also pose threats if not accompanied by appropriate regulations. Therefore, balanced policies are required to ensure that technological advancements are utilized while protecting human rights, allowing AI to contribute positively to social transformation. This study highlights the need for balanced and ethical regulation of AI. Practically, the findings help policymakers design fair rules to minimize the risks and maximize the benefits of AI for society
Utilization of artificial intelligence (AI) technology in the judicial system Sandhi, I Gusti Bagus; Farina, Thea; Kristanto, Kiki
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.v7i2.6109

Abstract

The utilization of Artificial Intelligence (AI) technology in the Supreme Court represents an innovative step toward modernizing Indonesia’s judicial system. AI offers advantages in efficiently processing legal data, analyzing jurisprudence, and providing legal recommendations to assist judges in decision-making. However, AI implementation in the legal system presents challenges, including regulatory issues, ethical considerations, and AI’s limitations in understanding the humanistic dimensions of legal rulings. This study employs a normative juridical method with a doctrinal approach to analyze the role, benefits, and legal implications of AI usage in Indonesia’s judicial system. The findings indicate that while AI can enhance judicial efficiency, strict regulations are necessary to ensure transparency, accountability, and legal compliance in its application.
Juridical analysis of legal protection for children as criminal offenders according to the law on juvenile justice system Qurba, Harry; Faturohman, Faturohman
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.v7i2.6114

Abstract

Legal protection for children who are perpetrators of criminal acts is in accordance with Law Number 11 of 2012 concerning the Child Criminal Justice System (SPPA). Children as perpetrators of criminal acts require special treatment due to their immature status legally and psychologically. The main objective of the SPPA Law is to ensure that the legal process against children is carried out with the principles of restorative justice and a diversion approach, so as to minimize the negative impact on the child's future. The research method used is the normative juridical method, with a legislative approach and case analysis. The results showed that the SPPA Law provides legal protection to children through diversion mechanisms at every stage of the judicial process, restrictions on sentencing, and the obligation to involve Bapas (Correctional Center) in the judicial process. However, in its implementation, there are still challenges such as the lack of understanding of law enforcement officials on the concept of restorative justice and limited supporting facilities. In conclusion, legal protection for child offenders has been comprehensively regulated in the SPPA Law, but it requires capacity building of law enforcement officials and infrastructure support to optimize the implementation of restorative justice. Thus, the rights of children as individuals who require special protection can be guaranteed and maximally accommodated. The solution implemented is the restructuring of child protection laws to be more specific in handling them