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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 259 Documents
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Receiving as an attraction for perpetrators of theft crimes (decision study: Number 81/pid.B/PN.kbu) Sanjaya, Diki; Fadhilah, Nisa
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.v7i2.6216

Abstract

The phenomenon of shoplifting in Indonesia, which can occur in various conditions and based on its elements, and the importance of government strategies to reduce this problem. One of the issues raised was about receiving goods. Article 480 of the Criminal Code not only describes the legal challenges faced in upholding justice, but also illustrates the need to immediately address the socio-economic factors that drive individuals such as Mr. Gunadi Saputra to commit criminal acts, so that a comprehensive government strategy is needed including stricter law enforcement, which reflects the legal, social, and economic challenges faced by society. This study aims to analyze the application of Article 480 of the Criminal Code in the context of decision Number 81/Pid.B/2024/PN KBU, as well as the factors that make storing attractive for theft perpetrators. The method used is normative juridical, focusing on the analysis of laws and regulations and related literature. The results showed that the criminal acts committed by Mr. Gunadi Saputra as the backbone of the family were influenced by economic needs, a less supervising environment, and available opportunities. Therefore, a comprehensive approach is needed which includes strict law enforcement, public education, and improving economic welfare to create a safer and fairer environment for all.
Legal protection for farmers in the sale and purchase of paddy: The view of the MUI Babalan District and positive law (case study of Teluk Meku Village, Babalan District, Langkat Regency) Fahmi, Muhammad Khairul; Iqbal, Muhammad Nur
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.v7i2.6234

Abstract

The practice of buying and selling paddy in Teluk Meku Village is still conventional, with no written contracts, which weakens the bargaining position of farmers as prices are determined by middlemen and often fall below government standards. Non-cash payment systems, such as installments or deductions from future harvests, further increase farmers' dependence. From a sharia perspective, this practice does not fully align with the principles of justice, transparency, and honesty due to information imbalances and potential elements of gharar (uncertainty). In terms of positive law, Law No. 8 of 1999 on Consumer Protection guarantees farmers' rights to price and quality information, but its implementation remains weak due to limited government oversight and lack of socialization. This study uses a qualitative descriptive method with a case study approach through observation, interviews, and literature review. The results show that farmers suffer economic, legal, and sharia-related disadvantages due to limited market access and reliance on middlemen. The proposed solutions include forming cooperatives or farmer groups and strengthening government roles in price monitoring and educating farmers about their rights, aiming to create fairer transactions and reduce dependency on middlemen.
Copyright in the creative industries: Protection of graphic design and illustration Siregar, Bismar
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.v7i2.6248

Abstract

Copyright is a type of intellectual property right that must be respected. Intellectual Property Rights are exclusive (special) rights owned by creators/inventors as a result of intellectual activity and creativity that iis unique and new. Graphic Design Digital illustration, even though it is a form of work and therefore protected by copyright, remains an easy target for copyright violations, both economic rights violations such as buying and selling works, using works to add aesthetic value to goods for sale, or moral irights violations such as modifying without permission or even recognizing the work as one's own. This copyright violation does not just happen, but there iare factors that encourage it, including a habit/tradition (cultural aspect); seeking profit (economic aspect); low understanding of copyright; low implementation of sanctions (juridical aspect); and periodic raids are not implemented. Regulations regarding the legal protection of copyright in Indonesia are regulated in Law Number 28 of 2014 concerning Copyright which directly provides legal protection for creators of graphic design and illustration iworks and in protecting their creations, creators of graphic designs and illustrations can take legal action, both preventive and repressive.
Corporate responsibility in the history of criminal law reform and victimology in Indonesia Saogo, Marhel
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.v7i2.6261

Abstract

In Indonesia, corporations play a crucial role in achieving national prosperity, especially in the context of globalization. This study examines two main issues: (1) the system of Corporate Criminal Liability and the implementation of sanctions to protect victims of corporate crime, and (2) corporate accountability within the reform of criminal law in Indonesia. Utilizing a normative juridical approach, the research explores statutory, conceptual, and case-based frameworks. Key findings from various court decisions highlight that corporations often face mere fines for their criminal activities, such as those documented in several district court rulings and decisions of the Supreme Court. The study concludes that while the corporate criminal liability system in Indonesia is evolving, it holds the potential to enhance law enforcement effectiveness against corporate crime. Currently, corporations can be prosecuted for economic, environmental, and corruption crimes, but enforcement focuses primarily on fines and revocation of business licenses. Significant legislative advancements, particularly Law Number 1 of 2023, recognize legal entities as valid subjects of criminal liability. The study recommends applying a principle of prudence in the examination and prosecution of corporate cases to improve accountability and prevent future offenses.
Reconstruction of article 4 of the law on corruption and the implementation of restorative justice oriented towards the return of state financial losses Ndururu, Paternus
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6277

Abstract

Corruption remains a pervasive issue, affecting all levels of society, from power holders to both the public and commercial sectors. This study investigates the implications of Article 4 of the Corruption Law regarding corrupt perpetrators and its effectiveness in restoring state financial losses. Employing a normative juridical research method, the study underscores the importance of Article 4 in law enforcement against corruption, particularly in financial recovery efforts. This article serves as a crucial balance between penalizing corrupt practices and ensuring accountability, emphasizing that corruption is a grave crime that requires more than just monetary restitution. The findings suggest that the eradication of corruption in Indonesia, as outlined in Law No. 31 of 1999, aims to restore national finances and the economy, highlighting the recovery of state financial losses as a fundamental objective. Specifically, Articles 4 and 18(1)(b) provide a framework for this recovery approach. The study recommends that the government and the House of Representatives prioritize revisions to the Corruption Crime Law to enhance the focus on state financial recovery, thereby strengthening the fight against corruption in the country.
Legal consequences of the postponed gubernatorial election in Central Kalimantan (January 27, 2016) Ridho, M. Rosyid
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6295

Abstract

The exercise of people's sovereignty in a direct democracy is realized through general elections, including Regional Head Elections (Pilkada). This study aims to analyze the legal implications of the postponed gubernatorial election of Central Kalimantan, which was eventually held on January 27, 2016. The method used is normative juridical analysis by reviewing relevant laws and regulations, as well as decisions issued by the General Elections Commission (KPU). Data were obtained from legal documents and regulations governing the implementation of Pilkada. The findings indicate that the Indonesian KPU and the Provincial KPU of Central Kalimantan committed unlawful acts by failing to conduct the election on the predetermined date and by scheduling a follow-up election without a solid legal basis. It is concluded that these actions are inconsistent with the prevailing legal provisions and have legal implications for the legitimacy of the election in Central Kalimantan.
Reconstructing justice-based legal protection for mental health patients in Indonesian Clinics Masithoh, Anny Rosiana; Wahyuningsih, Sri Endah; Bawono, Bambang Tri
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6296

Abstract

People with mental disorders are often stereotyped as being involved in criminal acts, especially violence and threats to the safety and security of those around them. This perspective causes people with mental disorders to be feared and shunned, even though they need care and protection. Regional governments are responsible for providing mental health services for their communities and playing a strategic role in managing and preventing mental health issues. In Kudus, there are still displaced people with mental disorders who have not received proper care. The local government can progressively address mental health issues through regulatory instruments to ensure that people with mental disorders receive the appropriate treatment and support they need. This study aims to examine the mental health policies of the Kudus local government, emphasizing policies prioritizing human rights. The research uses a normative juridical method involving a thorough analysis of policies concerning people with mental disorders in the Kudus district. The results show that although the Kudus Regional Government has established policies related to mental Disability and mental health, these policies do not sufficiently address the prevention of mental disabilities or fully incorporate human rights considerations.
Juridical review in civil law on acts of default (wanprestasi) in land sale and purchase agreement cases (case study: Decision number 840/Pdt.G/2023/PN Mdn) Situmorang, Frandika; Marbun, Jonatan; Purba, Bonaraja
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6305

Abstract

This research was conducted to provide a juridical analysis concerning acts of breach of contract occurring in a land sale and purchase agreement based on the Case Study of Decision Number 840/Pdt.G/2023/PN Mdn. The legal issues addressed in this research include the definition, elements, and legal consequences of unlawful acts and breach of contract in the context of land sale and purchase agreements. The research method used is a normative juridical approach by analyzing court decisions as the primary data source. The results of the study indicate that in the case under review, both unlawful acts and breach of contract may lead to the cancellation of the agreement and the obligation to provide compensation. The conclusion of this research emphasizes the importance of legal protection for parties involved in land sale and purchase agreements, aiming to ensure that rights and obligations are realized in accordance with the applicable laws and regulations.
Law enforcement against online fraud on e-commerce platforms based on law no. 19 of 2016 Sofiyana, Nurani; Prastyanti, Rina Arum
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6318

Abstract

The rapid spread of information and communication technology, particularly e-commerce, has changed the way economies transact around the world, expand markets, and make it easier. However, along with these advances, a new problem has arisen in the form of increasing cases of online fraud that are detrimental to consumers. Online fraud, especially those that occur on e-commerce platforms, is one of the main problems that threatens consumer trust in companies (Hartanto, 2016). This qualitative study was carried out with normative juridical methods. This method looks at laws and regulations, case studies, and academic research. The study found different types of online fraud, ranging from sending goods that don't fit the description or counterfeit goods to using the wrong payment system. Despite the fact that the ITE Law provides a strong legal basis for cracking down on fraudsters, there are several challenges in implementing it (ZAHRA, 2025). These include constraints with digital forensic human resources and difficulties in identifying and tracking perpetrators. Additionally, the lack of digital literacy makes the situation worse because consumers are more vulnerable to fraud. As a result, this study suggests increasing the technical capacity of law enforcement officials, cross-sector collaboration between the government and the public, and better digital literacy programs to create a safe, fair, and trustworthy e-commerce ecosystem (Andreaningrum et al., 2024).
Politics of tax law in supporting the progress of the digital economy Hasiholan, Samuel
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6327

Abstract

This research explores Indonesia's tax collection system, which operates on a self-assessment basis, relying on taxpayers' trust and responsibility to calculate, deposit, and report their taxes. With the rapid growth of the digital economy, regulatory gaps may arise, potentially leading to under-collection of taxes and affecting state revenue. The main issue addressed is whether current tax policies adequately support the advancement of the digital economy. The study employs normative juridical research, analyzing legal materials such as laws, regulations, and societal norms related to taxation. The findings indicate that some tax policies aim to facilitate the digital sector, including tax incentives for startups and micro, small, and medium enterprises (MSMEs). These incentives are intended to stimulate innovation and growth within the digital ecosystem. However, their implementation and effectiveness require periodic evaluation. The conclusion emphasizes that tax collection must adhere strictly to existing laws, ensuring that levies intended for state purposes are regulated legally. The study also recommends ongoing socialization efforts about e-commerce tax regulations, particularly whenever updates occur, not only for MSMEs utilizing marketplaces but also for cross-border e-commerce actors. Engaging relevant stakeholders, especially the Ministry of Finance, is crucial to ensure compliance and maximize revenue from the expanding digital economy

Page 24 of 26 | Total Record : 259

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