cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
HENGKI TAMANDO
Contact Email
hengki_tamando@yahoo.com
Phone
-
Journal Mail Official
humala@iocscience.org
Editorial Address
-
Location
Unknown,
Unknown
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 285 Documents
 25   26   27   28   29 
The normative gap in the confidentiality of deeds by instrumentary witnesses and its legal consequences for notary liability under Indonesian law Livia Angie Tania; Sausan Qanita Alfaj
Journal of Law Science Vol. 8 No. 2 (2026): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i2.7101

Abstract

This study aims to analyze the normative gap regarding the obligation of confidentiality of instrumentary witnesses in the drafting of authentic deeds and its implications for notarial liability within the framework of positive law in Indonesia. The novelty of this study lies in its focus on the unregulated legal position of instrumentary witnesses in relation to deed confidentiality, an issue that has received limited attention in previous notarial legal studies which generally emphasize notary obligations only. The study also offers an explicit scientific contribution by constructing the legal relationship between witness confidentiality obligations and notary liability through the integration of civil, criminal, and personal data protection perspectives. The method employed is normative legal research using statutory and conceptual approaches through analysis of Article 16 paragraph (1) letter e, Article 38, and Article 40 of Law Number 30 of 2004 concerning Notary Office as amended by Law Number 2 of 2014, Article 1868 of the Indonesian Civil Code, Articles 1365 and 1367 of the Indonesian Civil Code, Article 322 of the Criminal Code, and Law Number 27 of 2022 concerning Personal Data Protection. The results identify three principal findings. First, there is a normative gap because instrumentary witnesses have direct access to deed contents but are not expressly bound by statutory confidentiality obligations, creating legal uncertainty in notarial practice. Second, despite the absence of explicit regulation, instrumentary witnesses may still incur civil liability under Article 1365 of the Civil Code and potential criminal liability under Article 322 of the Criminal Code when disclosure causes legal harm. Third, notaries may remain responsible under the principle of prudence and supervisory liability under Article 1367 of the Civil Code, resulting in disproportionate allocation of legal responsibility. Theoretically, this study strengthens the doctrine of confidentiality in authentic deed formation by extending responsibility beyond the notary alone. Practically, it supports the need for reformulation of notarial norms to establish explicit confidentiality obligations for instrumentary witnesses and ensure proportional legal protection for all parties.
Legal review of land bank management of abandoned land in Indonesia under social function principles Alya Meswati; Nabila Zatadini
Journal of Law Science Vol. 8 No. 2 (2026): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i2.7116

Abstract

Land is a resource that plays a crucial role in society, as it is closely related to economic, social, and national development aspects. However, in practice, many parcels of land that have been granted rights to individuals or legal entities are not utilized optimally, resulting in abandoned land. This study aims to analyze the nature of asset ownership by the Land Bank Agency within the Indonesian land law system, as well as the authority of the institution in managing state land. The research method used is normative legal research with statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources collected through literature study and analyzed qualitatively. The results show that asset ownership by the Land Bank Agency cannot be interpreted as private ownership, as the land managed remains under state control. The Land Bank Agency functions as a managing institution with the authority to plan, control, manage, utilize, and distribute both state land and abandoned land. The existence of this institution is expected to optimize land utilization and realize agrarian justice based on the social function principle of land rights.
Legal analysis of parking service providers' liability for consumer losses Ayang Fristia Maulana; Asnawi Asnawi; Yashifa Nazwa Ramadhanty; Risa Bintang Saecar; Adrikni Illahiya
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6565

Abstract

The increasing use of private vehicles in urban areas has led to the growth of parking services, but often gives rise to legal conflicts when vehicles are lost or damaged. This study aims to review the form of legal responsibility of parking service providers towards consumers, especially when exoneration clauses are used as a basis for exemption from responsibility. With a normative juridical approach and a literature study of Law Number 8 of 1999 concerning Consumer Protection, this study demonstrates that the responsibility of service providers is absolute (strict liability), whereby they are still obliged to provide compensation even if they are not proven to be directly negligent. The results of the study also reveal that exoneration clauses included unilaterally in parking tickets are contrary to the principle of contractual justice and are declared invalid under law. Therefore, it is important to strengthen regulations and educate consumers about their rights to obtain protection against losses. These findings are expected to contribute to the formulation of a  fairer policy in the parking service sector.
Legal analysis of land ownership disputes between bona fide purchasers and certificate holders: A case study of serang district court decision no. 121/pdt.g/2024/pn.srg Abdul Muid; Asnawi Asnawi; Faturohman Faturohman
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6585

Abstract

Land ownership disputes are common in Indonesia, especially when involving good faith buyers who have lawfully purchased and physically occupied land but do not yet possess an official land certificate. The discrepancy between physical control and formal ownership documents often leads to complex legal conflicts. In practice, the land law system tends to prioritize formal documentation over substantive justice, thereby disadvantaging honest parties who have acted in good faith. This study aims to analyze the legal protection for good faith buyers in land ownership disputes and to examine the legal considerations of judges in Decision No. 121/Pdt.G/2024/PN.Srg. The focus is on how the court evaluates the strength of formal certificates versus the legitimacy of transactions made by buyers acting in good faith. The research method used is normative juridical with a case study approach. Data was obtained through literature review, court documents, and relevant statutory regulations. The analysis was conducted qualitatively using legal certainty theory, legal protection theory, and substantive justice as analytical frameworks. The results indicate that the court prioritized the administrative strength of certificates as the primary basis in ruling the case. Although the defendant conducted a valid transaction and physically controlled the land, the court did not fully consider the element of good faith. This reflects the weak legal protection for good faith buyers and an imbalance between legal certainty and justice in the land dispute resolution process.
Legal analysis of parking service providers' liability for consumer losses Ayang Fristia Maulana; Asnawi Asnawi; Yashifa Nazwa Ramadhanty; Risa Bintang Saecar; Adrikni Illahiya
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6593

Abstract

The increasing use of private vehicles in urban areas has led to the growth of parking services, but often gives rise to legal conflicts when vehicles are lost or damaged. This study aims to review the form of legal responsibility of parking service providers towards consumers, especially when exoneration clauses are used as a basis for exemption from responsibility. With a normative juridical approach and a literature study of Law Number 8 of 1999 concerning Consumer Protection, this study demonstrates that the responsibility of service providers is absolute (strict liability), whereby they are still obliged to provide compensation even if they are not proven to be directly negligent. The results of the study also reveal that exoneration clauses included unilaterally in parking tickets are contrary to the principle of contractual justice and are declared invalid under law. Therefore, it is important to strengthen regulations and educate consumers about their rights to obtain protection against losses. These findings are expected to contribute to the formulation of a  fairer policy in the parking service sector.
Challenges and the direction of legal politics after the abolition of the presidential threshold in Indonesia’s democratic system Maris Zayyanurroihan; Ardian Mulyadi; Muhammad Zaenul Arif
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6611

Abstract

The abolition of the Presidential Threshold in Indonesia's presidential election system has significant implications for the configuration of political power, the dynamics of the party system, and the direction of national legal politics. The presidential threshold has long been regarded as a political instrument that restricts democratic space, limits citizen participation, and strengthens party oligarchy. In practice, the threshold has hindered the emergence of alternative candidates outside major coalitions, resulting in stagnation in national leadership regeneration. Once this provision is abolished either through judicial rulings or legislative reform Indonesia faces a major challenge in maintaining a balance between political openness and governmental stability. This article aims to examine the political and legal challenges following the abolition of the threshold and to formulate a relevant legal-political direction within the context of constitutional democracy. Using a qualitative approach through normative-juridical methods and legal-political analysis, this study finds that the abolition of the threshold must be accompanied by electoral system reform, the strengthening of democratic institutions, and the development of a presidential candidate selection mechanism that is democratic, accountable, and responsive to public aspirations. Future legal politics must serve as an instrument for the transformation of substantive democracy, rather than merely adapting to procedural changes.
Criminogenic factors of child protection crime convicts in class IIB pacitan detention center Dicky Arief Endriansah; Mulyani Rahayu
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6649

Abstract

This study explores the criminogenic factors influencing inmates convicted of child protection crimes at the Class IIB State Detention Center (Rutan) in Pacitan. The research is grounded in the alarming rate of child protection cases in Indonesia, with Pacitan ranking second in the number of such cases within the facility. The primary aim is to identify both internal and external factors that drive inmates to commit crimes against children, as well as to assess the effectiveness of the rehabilitation programs implemented. This qualitative descriptive study employs data collection methods including in-depth interviews, observation, and document analysis. The research subjects consist of five inmates aged 19–25 and two correctional officers. The findings reveal several dominant criminogenic factors, such as lack of self-control, social environment influence, antisocial personality traits, alcohol abuse, and family conflict. Rehabilitation programs at the detention center, which include religious activities and vocational training, have not yet fully addressed the specific needs of inmates. The study recommends the adoption of the Risk-Need-Responsivity (RNR) model to reduce recidivism and better prepare inmates for reintegration into society. These findings are expected to inform policymakers in enhancing inmate rehabilitation systems, particularly for child-related offenses.
Justice for victims: An analysis of child sexual assault through the lens of gustav radbruch's legal values at the Luwuk District Court Abdan Syakura; Yuliati Yuliati; Syahrul Machmud
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6660

Abstract

This study conducts an analysis of two judicial decisions pertaining to sexual offenses against minors: Verdict Number 2/Pid.Sus-Anak/2025/PN Luwuk, which involves a juvenile offender, and Verdict Number 37/Pid.Sus/2025/PN Luwuk, which pertains to an adult offender. A normative juridical approach was utilized, informed by Gustav Radbruch’s theory of law and Lawrence Friedman’s legal system theory. The findings indicate a differentiated legal response contingent upon the status of the offender. In the case of the juvenile, the court rendered a conditional sentence that adopted a rehabilitative strategy, thereby reflecting principles of restorative justice and prioritizing the best interests of the child. In contrast, the adult offender received a prison sentence accompanied by a maximum fine, devoid of leniency, which underscores a stringent protective stance towards the child victim and serves as a deterrent for society. Both rulings exemplify the effective operation of legal frameworks and indicate advancements in Indonesia’s legal culture concerning the firm and equitable handling of sexual violence against children. This study emphasizes the necessity of balancing justice, legal certainty, and social utility within the criminal justice system for both juvenile and adult offenders.
The role of local government in clean water management in tangerang regency a study of local regulation no. 67 of 2022 Khaeru Tamimi; Sulkiah Hendrawati; Wahyudi Wahyudi
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6675

Abstract

Clean water is a basic need that requires guaranteed provision, access, and sustainability of services for the community. Tangerang Regency Regent Regulation (Perbup) Number 67 of 2022 concerning the Community-Based Clean Water Provision Program provides the legal basis for local government intervention in clean water provision at the village/sub-district level. This study aims to analyze the role of local governments—including policy formulation, financing, technical facilitation, community empowerment, and monitoring mechanisms—in the implementation of this program. The method used is a qualitative approach through analysis of policy documents (Perbup No. 67/2022), interviews with local stakeholders, and field studies at several pilot sites. The results indicate that local governments play a central role as policymakers and financial and technical facilitators. Perbup 67/2022 clarifies the collaboration scheme between the district government, sub-district/village officials, and the community in community-based clean water provision. However, real obstacles include budget limitations, technical capacity at the village level, suboptimal inter-institutional coordination, and challenges to the operational sustainability of water facilities. Based on the findings, the main recommendations are to strengthen institutional capacity and coordination mechanisms, allocate sustainable budgets, deepen the role of PDAMs and community self-management, and establish a transparent monitoring and evaluation system to ensure equitable and sustainable access to clean water. In conclusion, Perbup No. 67/2022 offers a legal framework.
The effectiveness of the police's role in dealing with thuggery in Serang Regency Dimas Putro Nugroho; Sulkiah Hendrawati; Wahyudi Wahyudi
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6676

Abstract

This study aims to analyze the effectiveness of the police's role in combating thuggery in Serang Regency. Thuggery, as a form of social crime, not only disrupts public order but also causes public unrest and hinders regional development. The research method used is a qualitative approach with data collection techniques through interviews, observations, and documentation studies. Research informants consisted of police officers, community leaders, and parties involved in efforts to combat thuggery. The results of the study indicate that the police have implemented several strategies, including repressive actions in the form of raids and law enforcement, preventive actions through routine patrols and legal socialization, and pre-emptive actions by establishing cooperation with the community to increase legal awareness. However, the effectiveness of these efforts still faces obstacles, such as limited police resources, a permissive culture of some communities towards thuggery practices, and weak coordination with other agencies. The conclusion of this study is that the police's role is quite effective in reducing the number of thuggery acts, but to achieve optimal results, stronger synergy is needed between the police, local government, and the community. This study recommends increasing the capacity of officers, optimizing community development programs, and strengthening regional regulations as strategic steps in eradicating thuggery in Serang Regency.

Page 27 of 29 | Total Record : 285

 25   26   27   28   29 

Filter by Year

2019 2026


Reset
Filter By Issues
All Issue Vol. 8 No. 2 (2026): April: Law Science Vol. 8 No. 1 (2026): January: Law Science Vol. 7 No. 3 (2025): July: Law Science Vol. 7 No. 2 (2025): April: Law Science Vol. 7 No. 1 (2025): January: Law Science Vol. 7 No. 4 (2024): October: Law Science Vol. 6 No. 4 (2024): October: Law Science Vol. 6 No. 3 (2024): July : Law Science Vol. 6 No. 2 (2024): April : Law Science Vol. 6 No. 1 (2024): January : Law Science Vol. 5 No. 4 (2023): October : Law Science Vol. 5 No. 3 (2023): July: Law Science Vol. 5 No. 2 (2023): April: Law Science Vol. 5 No. 1 (2023): January, Law Science Vol. 4 No. 4 (2022): Law Science Vol. 4 No. 3 (2022): Law Science Vol. 4 No. 2 (2022): Law Science Vol. 4 No. 1 (2022): Law Science Vol. 3 No. 4 (2021): Law Science Vol. 3 No. 3 (2021): Law Science Vol. 3 No. 2 (2021): Law Science Vol. 3 No. 1 (2021): Law Science Vol. 2 No. 4 (2020): Law Science Vol. 2 No. 3 (2020): Law Science Vol. 2 No. 2 (2020): Law Science Vol. 2 No. 1 (2020): Law Science Vol. 1 No. 4 (2019): Law Science Vol. 1 No. 3 (2019): Ilmu Hukum Vol. 1 No. 2 (2019): Ilmu Hukum Vol. 1 No. 1 (2019): Law Science More Issue