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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 259 Documents
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Policy on the Implementation of Restorative Justice for Prisoners in the Implementation of the Correctional System Hartarto, Nurcahyo Dwi; Masu, Reny Rebeka; Medan, Karolus Kopong
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.v7i3.6335

Abstract

Restorative Justice is an alternative method of resolving criminal cases within the criminal justice system that can be implemented at every stage of legal proceedings are pre-adjudication, adjudication, and post- adjudication. Corrections constitute a component of the criminal justice system at the post-adjudication stage, where restorative justice can also be applied to inmates serving sentences in correctional institutions. The rehabilitation programs currently implemented in correctional facilities still rely on the concept of retributive theory, which focuses primarily on the offender, leaving the victim’s interests largely unaddressed. The implementation of restorative justice in correctional institutions aims to restore the relationship between the offender and the victim through mechanisms such as compensation, reconciliation efforts, and rehabilitation. Inmates who have undergone restorative justice processes within correctional institutions may be eligible for release during the assimilation phase without having to wait for full reintegration. The government is expected to issue a comprehensive regulation for all law enforcement agencies as a foundational guideline for implementing restorative justice within the criminal justice system, along with technical guidelines or instructions that serve as a legal framework for correctional officers in applying restorative justice to inmates in correctional facilities
Comparative Study endowment Productive in Southern Thailand and in Indonesia Syahputri, Dela; Rangkuti, Ahmad Zuhri
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.v7i3.6338

Abstract

This study compares the implementation of productive waqf in two Islamic educational institutions: Chariyasasana Islam School in Songkhla, Thailand, and Al-Uswah Kuala Islamic Boarding School in Langkat, Indonesia. Using a qualitative method through interviews, observation, and documentation, the study explores waqf management models, resources, challenges, and socio-economic impacts. Chariyasasana integrates waqf with zakat, infaq, and sedekah, which together fund about 45% of its operational needs. These funds support income-generating activities such as fish farming, which help finance scholarships and school programs. Al-Uswah focuses on developing a school cooperative and small businesses like a bakery and minimarket, contributing around 30% of the school’s income and helping subsidize tuition for underprivileged students. Both institutions face challenges such as limited regulatory frameworks, shortage of skilled human resources, and low public awareness of productive waqf. Despite this, both show positive outcomes: improved financial self-reliance, broader student access, and stronger community engagement. These findings highlight the potential of productive waqf to sustain Islamic education and support local economies. The study recommends enhancing cross-border cooperation, developing clear regulations, and providing training for waqf managers to replicate and scale successful models in other regions
Innovation of Semarang City National Land Agency Office in preventing land rights dispute based on complaint service and e-certificate Sri Rahayu, Fanny Agustina
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.v7i3.6388

Abstract

Land certificates are issued as proof of ownership and the interests of rights holders who have registered with the National Land Office. It is hoped that the issuance of certificates as juridical data can minimise the occurrence of land certificate disputes, but in fact what happens in the field there are still land certificates in dispute, this usually occurs because of a sense of dissatisfaction that is subjective and there are parties who feel disadvantaged by other parties. This article aims to analyse the innovation of the Semarang City National Land Agency Office in preventing land certificate disputes using a normative juridical approach combined with empirical juridical. From the results of the research, it can be concluded that the innovations made by the Semarang City National Land Agency Office are providing complaint services and updating physical land certificates (analogue) to electronic land certificates (sertipikat-el), one of the reasons for this innovation is expected to reduce and prevent land certificate disputes in Semarang City. The Semarang City Land Office was ranked first in issuing the most electronic certificates for routine services in fiscal year 2024, indicating that the implementation of innovations has been effective and efficient
Effectiveness of the Principle of Dominus Litis in Enforcement of Criminal Procedure with Legal Certainty Saputra, Dadin Eka
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.v7i3.6480

Abstract

Study This to study effectiveness implementation the principle of dominus litis in system enforcement criminal procedure law in Indonesia which emphasizes importance certainty law. The principle of dominus litis as principle that prosecutor's office own control main in the investigation and prosecution process, plays a role important in system justice criminal. However, its implementation must balanced with strengthening harmonization regulation legislation related For avoid overlap overlap authority between institution enforcer law, in particular between police and prosecutors. Findings study show that implementation the principle of dominus litis which is not notice principle differentiation functional and provisions of the Criminal Procedure Code can cause conflict authority and inhibit achievement effective and efficient justice. Therefore? that, recommendation given so that the government in formulate policy more notice protection law for public seeker justice, with to uphold principle certainty law as guidelines main judicial process criminal . Research This give contribution important in understanding and development system justice just and based on criminal law certainty law
Child psychology in special children's development institution (LPKA): A legal perspective on hope and emotional balance Ningsih, Dwi Wachidiyah
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.v7i3.6488

Abstract

Children exercise of people's sovereignty in a direct democracy is realized through in the environment of coaching institutions are a vulnerable group that requires special attention. Limited access to education, psycho-social services, and an environment that is less supportive of children's growth and development can have a serious impact on long-term development. The objectives of this study are 1) to identify and analyze the psychological impact experienced by children behind the correctional institution, 2) to explore strategies in finding hope and efforts to maintain children's emotional balance in the situation at LPKA. 3) examine the role of law in providing protection and fulfillment of the rights of children in LPKA.  This study uses a qualitative legal research approach with a descriptive-analytical type, which is an approach that aims to deeply understand the subjective experience of legal actors in interpreting certain legal events or processes that focus on written legal norms (law in books), and law in practice (law in action). The results of this study are 1)  Children in LPKA show high potential for psychological resilience through counseling services, educational programs, religious activities, and communication with families, 2) Strategies in finding hope and maintaining children's emotional balance at LPKA can be done through counseling services, empowering education, religious and arts activities, and family support 3) National legal instruments have guaranteed the protection and fulfillment of children's rights at LPKA with policies that emphasize an educative and rehabilitative coaching approach.
The legal review of parking liability for vehicle loss according to the consumer protection law Fadliyah, Ulfa; Asnawi, Asnawi; Faturohman, Faturohman
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.v7i3.6505

Abstract

The loss of motor vehicles in paid parking areas frequently occurs without clear accountability from parking operators. Many operators include liability exemption clauses on parking tickets, such as "loss is not the responsibility of the operator," which contradicts Law Number 8 of 1999 concerning Consumer Protection (UUPK). This study aims to examine the legal liability of parking operators for lost vehicles and to evaluate the effectiveness of the Consumer Dispute Resolution Agency (BPSK) in resolving consumer disputes. A normative juridical approach was employed, involving analysis of legislation, legal doctrines, and case studies. Data were collected through literature reviews, field observations, interviews, and documentation. The findings indicate that parking operators bear strict liability for vehicles under their care but frequently evade responsibility through invalid standard clauses. A case in Serang City revealed that a consumer who lost their vehicle received no compensation, despite presenting a valid parking ticket. Although the BPSK offers a non-litigation mechanism for dispute resolution, its effectiveness is limited by low participation from businesses and restricted authority. Strengthening regulations, enhancing the role of BPSK, and increasing consumer awareness are essential steps toward ensuring fair and effective legal protection.
Legal protection for digital consumers: a literature review of the limitations of the civil code in the platform economy era Muhtadi, Romadh; Fristia Maulana, Ayang
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

Abstract

The transformation of the global economy towards the digital era has shifted the pattern of consumer and business interaction into the digital platform ecosystem, creating new challenges in consumer legal protection. This study is a systematic, logical, and relevant literature review of the limitations of the Civil Code (KUHPerdata) in responding to the dynamics of digital transactions. This study focuses on how conventional norms in the Civil Code that are oriented towards physical transactions and traditional civil relations have not been able to accommodate the complexity of interactions in a platform-based economy. Through an analysis of the legal theory of consumer protection, the theory of contractual justice, and the progressive legal approach, it was found that the Civil Code is still weak in guaranteeing the principles of transparency, accountability, and protection of personal data in digital transactions. In addition, the legal status of the platform as an intermediary party in the contract between the seller and the buyer creates a vacuum of norms regarding legal responsibility in the event of consumer default or loss. The implications of this finding emphasize the urgency of regulatory reform by adopting adaptive digital consumer protection principles, including updating national legal instruments to align with developments in information technology. This study also recommends the establishment of a new legal framework that specifically regulates consumer protection in the digital ecosystem, to ensure justice and legal certainty amid the rapid growth of the platform economy
The development of the theory of unlawful acts in civil law regarding gender inequality and social justice values Murti; Setianingsih, Elin; Fristia Maulana, Ayang
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.v7i3.6513

Abstract

This study examines the development of the theory of unlawful acts (UNL) in Indonesian civil law and its contribution to addressing gender inequality and achieving social justice values. The main focus lies on how civil law, which was initially neutral and individualistic, has undergone a transformation in responding to structural issues such as gender-based discrimination. This study was conducted by tracing various classical to contemporary legal literature, both from national and international perspectives, in order to understand how the concept of UNL has developed in theoretical and applied dimensions. The results of the review show that the UNL theory, which was initially limited to violations of formal legal norms, has experienced an expansion of meaning to include violations of norms of propriety, morality, and basic rights that are socially protected. In the context of gender inequality, it was found that civil law often produces inequality through formally neutral interpretations but ignores the unequal social structural context. Feminist literature and social justice theory then propose a reinterpretation of UNL to be more responsive to violations that are systemic and discriminatory against women. This study concludes that the reconstruction of UNL needs to be directed towards the paradigm of substantive and inclusive justice.
Analysis to ownership innovation modern on patents from the perspective of Positive Law and Fiqh Muamalah khalid, Afif
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.v7i3.6517

Abstract

The rapid advancement of science and technology has given rise to various forms of modern innovations that hold significant economic and strategic value. In this context, patent rights function as a crucial legal instrument to protect intellectual creations. This study aims to analyze the legal construction of ownership over modern innovations within the framework of Indonesian positive law and to compare it with the principles of Islamic jurisprudence (fiqh muamalah). Utilizing a normative juridical method with statutory, conceptual, and comparative approaches, this research reveals that both legal systems recognize intellectual ownership but rest on different epistemological foundations. While Indonesian law emphasizes formal registration and exclusive rights, fiqh muamalah stresses ethical considerations, public benefit (maslahah), and distributive justice. The novelty of this study lies in its proposed integration model that harmonizes national patent law with Islamic legal values. This conceptual synthesis contributes both theoretically and practically by offering a foundation for regulatory reform and the development of a hybrid intellectual property regime that is more just, spiritually grounded, and contextually relevant for Indonesia’s Muslim-majority society.
Analysis Juridical to Legality Cryptocurrency as Investment Instruments in Indonesia: Positive Law and Islamic Law Perspectives Sidqi, Faris Ali
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.v7i3.6522

Abstract

This study presents a normative-comparative legal analysis of the legality of cryptocurrency as an investment instrument in Indonesia from both the perspectives of positive law and Islamic law. While Indonesian regulations, particularly Bappebti Regulation No. 5 of 2019, classify cryptocurrency as a tradable commodity under strict supervision, its use as a legal means of payment remains prohibited. From the Islamic legal perspective, cryptocurrency is viewed with caution due to elements of gharar (uncertainty) and maisir (speculation), although limited permissibility is recognized when Sharia principles are upheld. This study employs a statutory and conceptual approach, utilizing content analysis of legal norms and fatwas. The novelty of this research lies in its comprehensive synthesis of legal and religious frameworks, proposing a harmonized legal model that integrates ethical, spiritual, and regulatory principles. It contributes theoretically to the development of Sharia-compliant legal standards and practically to policy recommendations—such as the establishment of a Sharia screening board within licensed exchanges. By bridging the regulatory gap between secular and religious legal systems, this study provides a foundation for safer and more inclusive crypto investment policies in Indonesia's dual legal context.

Page 25 of 26 | Total Record : 259

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