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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.
Arjuna Subject : -
Articles 285 Documents
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The fair use doctrine in the digital age: Reassessing the balance between creators' rights and public access Marina Ramadhani
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.v7i4.6749

Abstract

This paper critically reassesses the application and efficacy of the Fair Use doctrine within the contemporary Digital Age, noting that the rise of generative AI and mass digitization has amplified friction between Creator's Rights and the need for Public Access. This study employs a normative legal research methodology, integrating doctrinal analysis with critical policy evaluation by focusing on U.S. statutory provisions and analyzing landmark rulings concerning Digital Copyright. The main finding is that the conventional, four-factor balancing test is frequently inadequate in assessing modern cases, particularly those involving Transformation Use, as it fails to provide predictable standards. The academic contribution is the proposal of a refined analytical framework for the doctrine, aiming to re-establish the crucial balance between adequately compensating creators while actively fostering innovation and robust Public Access in an increasingly digitized information environment.
The role of the legal division of the Probolinggo regency secretariat in drafting local regulations Amilia Putri K.S; Dita Dwi A.P; Efrilia Yusri; Lyra Nirmala; Malikal Bulqis; Natasatun Nadayah
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.v7i4.6750

Abstract

This study aims to analyze the role, duties, and working mechanisms of the Legal Division of the Probolinggo Regency Secretariat in drafting Regional Regulations (Perda) to support the implementation of regional autonomy in accordance with Law Number 23 of 2014 concerning Regional Government and its amendments. The research method used is a normative juridical approach with a descriptive-analytical nature, based on a literature study of laws and regulations, official regional documents, and related academic literature. The results of the study show that the Legal Division has a strategic role in all stages of Perda formation, from planning, drafting academic papers, harmonization and legal review, to ratification and evaluation of implementation. The Legal Division serves to ensure the conformity of Perda with the national legal hierarchy and the needs of the local community. However, a number of obstacles were found, such as limited human resources, suboptimal inter-agency coordination, and low utilization of digital technology in the regional legislation system. Therefore, this study recommends increasing the capacity of legal officials, optimizing inter-agency coordination, and digitizing the regional legislation process so that the drafting of local regulations is more effective, transparent, and participatory.
The Peacemaker’s poison pill: Jus cogens and the Dayton Accords Muhammad Dwistaraifa Rasendriya
Journal of Law Science Vol. 8 No. 1 (2026): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i1.6770

Abstract

The rigid invalidating effect of jus cogens on a conflicting peace treaty may risk blocking a pathway to peace. This article tests this tension through a case study of the 1995 Dayton Peace Agreement, employing a doctrinal analysis of treaties, case-law, and international materials. It contrasts textual and functional interpretations under the Vienna Convention on the Law of Treaties. The analysis finds that while Dayton is textually valid for ending atrocity, it functionally conflicts with jus cogens by entrenching territories born of ethnic cleansing. It concludes that the international community’s endorsement has tempered this conflict for the sake of stability, but it also proposes a legal compromise: partial invalidity of entrenching clauses paired with positive obligations for restitution and minority return. This ensures peace is disciplined, preventing a violation of fundamental norms, and a return to armed conflict.
Mapping law enforcement challenges in money politics during regional head elections in Indonesia: A scoping review Indahwati Indahwati; Muhammad Chardijana; Fredy Johari Andiansah
Journal of Law Science Vol. 8 No. 1 (2026): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i1.6840

Abstract

Money politics continues to undermine the integrity of regional head elections in Indonesia, reflecting persistent weaknesses in election law enforcement. While existing studies discuss vote buying, comprehensive reviews assessing enforcement effectiveness remain limited. This study aims to map scholarly research on money politics in regional elections and identify key enforcement challenges. Using a scoping review based on the Arksey and O’Malley framework, this study analyzes 10 journal articles published between 2020 and 2024 from SINTA, Scopus, and DOAJ, employing thematic content analysis. The findings indicate that money politics persists due to weak institutional coordination, high evidentiary standards, short handling timelines, and pragmatic voter behavior. Law enforcement largely targets field-level actors, resulting in a low deterrent effect. This study contributes by identifying regulatory and institutional gaps and offering policy-relevant insights to strengthen election law enforcement and electoral integrity in Indonesia.
The dilemma of restorative justice in the new criminal code: Opportunities for rehabilitation and the threat of normative uncertainty Endro Nurwantoko
Journal of Law Science Vol. 8 No. 1 (2026): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i1.6886

Abstract

This study analyzes the regulatory space for restorative justice within the new Criminal Code (KUHP) and its implications for legal certainty, sentencing effectiveness, and social acceptance. Employing a normative juridical method, the research relies on statutory, conceptual, and analytical approaches and uses document analysis of the KUHP and related legal instruments as secondary legal materials. The study specifically examines the general principles stipulated in Articles 2 and 3, the alternative sentencing provisions in Articles 52 to 54, and the regulation of minor offenses in Articles 234 and 235 to systematically assess the normative design, coherence, and operational feasibility of restorative justice mechanisms. Previous research has largely focused on the conceptual justification or policy discourse of restorative justice without systematically examining the specific normative structure and internal coherence of restorative provisions within the new KUHP. The findings show that although the new KUHP provides a philosophical and normative foundation for implementing a restorative approach, the existing legal formulations still contain normative gaps, unclear criteria, and potential ambiguities that may trigger disparities in law enforcement. The analysis also reveals sociocultural barriers, including the strong retributive paradigm prevalent among both the public and law enforcement officers. These findings affirm that the success of restorative justice requires more detailed implementing guidelines, harmonization with other regulations, and the strengthening of a legal culture that supports restoration. Thus, while the new KUHP holds the potential to promote a more humanistic penal reform, it requires regulatory and institutional refinement to ensure consistent and effective implementation.

Page 29 of 29 | Total Record : 285

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