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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 285 Documents
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Legal review of the regulation of street vendors by the serang district police unit regarding the maintenance of public order, public order and public protection Nanda Kurnia Perdiansyah; 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.v7i4.6677

Abstract

The purpose of this study is to assess the compliance of enforcement actions with Serang Regency Regulation Number 2 of 2018 concerning the Implementation of Public Order, Security, and Community Protection, and to identify various factors that cause violations or non-compliance by traders with this policy. The method used in this study is a normative juridical approach supported by empirical data. Data collection techniques were carried out through literature studies and direct interviews with traders, Satpol PP officers, and related parties within the Serang Regency Government. The data obtained were then analyzed qualitatively by interpreting legal provisions and relating them to social conditions in the field. The results of the study indicate that although enforcement actions by Satpol PP have a strong legal basis, their implementation in the field still encounters obstacles. Many street vendors refuse relocation due to economic reasons, the lack of adequate socialization, and the relocation location being considered non-strategic. This indicates a mismatch between legal policies and community needs. The conclusion of this study is that the success of enforcement is determined not only by legality, but also by the approach used in its implementation. Therefore, local governments are advised to implement fair, participatory, and social protection-based strategies so that enforcement policies can be accepted and implemented effectively in society.
Legal analysis of the banten province regional personnel agency policy in recruiting employees at the cilograng regional general hospital and the Labuan Alif Surachman; 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.v7i4.6687

Abstract

This research analyzes the legal aspects of the Banten Province Regional Personnel Agency (BKD) policy in recruiting employees at Cilograng Regional General Hospital and Labuan Regional General Hospital in relation to Banten Governor Regulation Number 11 of 2020 concerning the governance of non-civil servant employees at the Regional Public Service Agency (BLUD) within the Banten Provincial Health Service. Using a normative juridical approach supported by empirical data, this study examines the extent to which recruitment practices comply with the regulatory framework and principles of good governance. The findings show that while the recruitment process largely follows the Governor Regulation, challenges remain in ensuring transparency, accountability, and equal opportunity. The BLUD system provides flexibility for hospitals to address human resource needs more quickly; however, weaknesses in oversight mechanisms and the lack of legal certainty for non-civil servant employees may create legal and administrative risks. The study recommends clearer technical guidelines and consistent monitoring to strengthen compliance and improve governance in recruitment. It is necessary to increase the capacity of the selection committee through training on the principles of good governance and the use of information technology in the recruitment process, so that transparency, accountability, and equal opportunities can be more assured.
Legal review of the liability of the Bissmika Usaha Nusantara savings and loan cooperative for unlawful acts against customers Halizah Destriana; 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.v7i4.6688

Abstract

This study examines the legal review of the liability of the Bissmika Usaha Nusantara Savings and Loan Cooperative for unlawful acts committed against its customers. As a financial institution operating under the cooperative model, the cooperative is bound by legal obligations to uphold the principles of trust, transparency, and accountability. However, issues arise when the cooperative engages in actions that potentially harm customers, such as mismanagement of funds, lack of clarity in contracts, or failure to comply with statutory regulations. This research adopts a normative juridical approach, analyzing laws and regulations governing cooperatives in Indonesia, particularly those relating to cooperative responsibility, contractual obligations, and unlawful acts (perbuatan melawan hukum). The findings indicate that cooperatives can be held liable both institutionally and personally through their management, depending on the nature of the violation. Furthermore, legal remedies available to customers include civil claims for damages, dispute resolution through cooperative forums, and escalation to the judiciary. The study contributes to understanding cooperative accountability and strengthening consumer protection within Indonesia’s cooperative financial system. This study aims to analyze the legal responsibility of the Bissmika Usaha Nusantara Savings and Loans Cooperative for unlawful acts that harm customers and examine the dispute resolution mechanisms that can be taken.
Lelgal analysis of velhiclel seizure by debt collectors based on constitutional court decision 18/PUU-XVII/2019 Shalwa Shalsabila; 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.v7i4.6695

Abstract

This study analyzes the legality of motor vehicle repossession by debt collectors under fiduciary agreements following Constitutional Court Decision No. 18/PUU-XVII/2019. Unilateral repossession practices by financing companies through third parties often result in violations of debtor rights, legal disputes, and social unrest. The research employs a normative juridical method with a statutory approach, court decision analysis, and legal literature review to evaluate its conformity with the principle of legal protection. The purpose of this study is to explain the legal implications of Constitutional Court Decision No. 18/PUU-XVII/2019 on the enforcement mechanism of fiduciary guarantees and to assess the extent to which debtor protection can be realized without neglecting creditors’ rights. The findings show that repossession without debtor consent or court authorization contradicts Article 15 of the Fiduciary Guarantee Law and the principle of due process. Recommendations include regulatory strengthening, debt collector certification, and the implementation of responsive laws to prevent arbitrary repossession practices.
Juridical analysis of dismissal for serious disciplinary violations by garuda cabin crew Astry Rahmalia; Mukhamad Nassir Agustiawan; Dian Samudra
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.v7i4.6696

Abstract

This study presents a juridical analysis of employment termination (PHK) imposed on a cabin crew member of PT Garuda Indonesia due to serious disciplinary violations, with a case study based on Court Decision Number 62/Pdt.Sus-PHI/2024/PN.Srg. The central issue examined is the act of carrying goods exceeding the permitted capacity, which was considered a breach of the Collective Labor Agreement (CLA) and customs regulations. The research aims to determine whether such conduct can serve as a valid legal basis for termination under the CLA and to analyze the judge’s legal reasoning in resolving the case. Using a normative juridical approach, this study reviews relevant statutory provisions, legal doctrines, and judicial decisions. The findings demonstrate that the employee’s actions constitute a serious disciplinary offense that can justify termination if implemented through lawful and proportional procedures. This research contributes theoretically by enriching the study of labor law, particularly concerning the balance between employers’ disciplinary authority and workers’ legal protection, and practically by offering guidance for companies and judges to ensure that termination decisions comply with justice, legal certainty, and national labor regulations.
Juridical analysis of breach of contract resolution in rural bank credit agreements Fina Nurul Amanah; Mukhamad Nassir Agustiawan; Dian Samudra
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.v7i4.6697

Abstract

This research aims to analyze the compliance of the Pandeglang District Court Decision No. 28/Pdt.G.S/2024/PN Pdl with Article 1239 of the Indonesian Civil Code (KUHPerdata) and to examine the judges’ legal considerations in resolving a breach of contract dispute in a credit agreement between a Rural Bank (BPR) and its debtor. This study employs a normative-empirical legal research method, combining statutory and case law analysis with field data obtained through court observation and interviews with judges and stakeholders. The study contributes theoretically by strengthening the understanding of contract law enforcement, particularly in verdicts rendered in absentia, and practically by providing guidance for judges and BPR institutions to ensure fair and consistent application of civil law. It also offers a methodological contribution by integrating normative and empirical approaches in assessing judicial decision making. This research is important because it ensures that judicial decisions in breach of contract cases reflect legal certainty, fairness, and consistency with civil law principles, especially in verdicts rendered in absentia.
Legal review of logging without environmental permits on perum perhutani land in gunung pinang in relation to banten regional regulation number 10 of 2012 concerning environmental protection and management Sepriandi Putra Sumantri; 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.v7i4.6699

Abstract

This study conducts a legal review of logging activities carried out without environmental permits on Perum Perhutani land in Gunung Pinang, examined through the framework of Banten Regional Regulation No. 10 of 2012 concerning Environmental Protection and Management. Using a normative legal research method supplemented by document analysis and comparative review of statutory instruments, the paper identifies the legal obligations imposed by the regional regulation on permit requirements, environmental impact prevention, and restoration duties. The analysis shows that unpermitted logging on state-managed forest land contravenes both regional environmental obligations and broader forestry and environmental statutes it undermines mandates for environmental impact assessment, breach of administrative duties, and triggers liability for environmental damage. The review further highlights gaps in enforcement, ambiguous jurisdictional boundaries between regional and national authorities, and weaknesses in community engagement that permit illicit exploitation to persist. The paper concludes that effective legal response requires coordinated enforcement between Perum Perhutani, regional environmental agencies, and law enforcement; clear procedural guidance on permit processes and sanctions under the regional regulation; and restorative actions including mandatory rehabilitation, sanctions proportionate to harm, and community-based monitoring to prevent recurrence.
A juridical review of illegal parking fees based on the regional regulation of Pandeglang regency number 4 of 2023 concerning retribution and local original income Ratu Nabilah Afifah; Mukhamad Nassir Agustiawan; Dian Samudra
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.v7i4.6701

Abstract

Inheritance disputes arising from gifts without a deed have become a recurring issue in society, particularly due to the persistence of informal transfer practices and limited legal awareness regarding the importance of written documentation. This research is motivated by the rampant practice of illegal parking fees in Pandeglang Regency, particularly at Pasar Badak, which violates Regional Regulation Number 4 of 2023 concerning Retribution and Regional Original Revenue (PAD). Parking retribution is an important PAD source that should be managed officially and transparently by the local government through the Department of Transportation. Illegal parking not only reduces PAD but also creates legal, social, and economic problems. The study aims to identify the causes of illegal parking at Pasar Badak and examine the legal measures taken by the Department of Transportation of Pandeglang Regency. Using normative juridical and empirical juridical approaches, data were collected through interviews, field observations, and literature studies. Findings show that weak supervision, low public legal awareness, and limited official parking facilities are the main causes of illegal parking. Efforts by the Department of Transportation, such as enforcement actions and public outreach, remain sporadic and not yet effective in ensuring sustainable law enforcement. The study recommends strengthening supervision, utilizing technology through a digital parking system, and improving inter-agency coordination to maximize PAD revenue and regulate illegal parking more effectively.
Juridical review of inheritance disputes arising from absence of gift deed in civil law Ratu Septia Ningsih; 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.v7i4.6707

Abstract

This research examines inheritance dispute resolution caused by the absence of a deed of gift from a civil law perspective. Oral or informal gifts remain common, particularly among Muslim families, and often trigger disputes after the donor’s death. The study aims to analyze: (1) the legal standing of inheritance disputes without a deed of gift, and (2) the juridical implications for donors, recipients, and other heirs. The research applies a normative-empirical juridical method, combining statutory, conceptual, and case study approaches. Primary data were collected through observation and interviews at Wahyudi and Partner Law Office, while secondary data were obtained from literature studies. The findings reveal that the absence of a deed weakens the recipient’s legal position, leading courts to annul the gift and return the property to the estate. Thus, a deed of gift is essential not only as valid legal evidence but also as preventive legal protection to ensure certainty and avoid disputes.
Implementation of regional regulation number 4 of 2017 concerning the implementation of franchises, shopping centers and modern stores saruni jaya study at the Pandeglang regency licensing service Muhammad Sabda Aulia; M. Nassir Agustiawan; Dian Samudra
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.v7i4.6722

Abstract

This study uses a qualitative approach with descriptive methods. Data collection techniques include interviews, documentation, and literature studies. Informants in this study came from DPMPTSP officials, business actors, and the local community to provide a real picture of the regulation’s implementation. The results indicate that the implementation still faces major barriers, such as modern stores that fail to meet licensing and zoning requirements. Oversight has not been maximized, and law enforcement remains weak. Therefore, the author suggests strengthening supervision, improving human resource capacity within DPMPTSP, and encouraging businesses to establish active partnerships with local MSMEs to create inclusive and equitable economic growth.This study concludes that the existence of the “Saruni Jaya” shopping center in Pandeglang Regency has not fully complied with Regional Regulation Number 4 of 2017, particularly regarding licensing, zoning, and partnership obligations with MSMEs, and that law enforcement against violations of the regulation remains weak, thereby preventing the regulatory objectives from being optimally achieved.

Page 28 of 29 | Total Record : 285

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