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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 306 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.
A legal analysis of community rejection of the landfill designation policy in Bangkonol village, Koroncong district, from a criminal law perspective Enjum Jumhana; Sanniki Setia Perdani; Faturohman Faturohman; Muhammad Deni Latiful Khoir; Wahyudi Wahyudi
Journal of Law Science Vol. 8 No. 3 (2026): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i3.7193

Abstract

This study aims to analyze the legal aspects of public rejection of the policy of establishing a Final Disposal Site (TPA) for waste in Bangkonol Village, Koroncong District, from a criminal law perspective. Public rejection arose in response to concerns about environmental and health impacts, as well as the lack of public involvement in the policy-making process. The research method used is normative juridical with a statutory regulatory approach and a case study approach, supported by empirical data as a complement. The results of the study indicate that public rejection is essentially a form of public participation guaranteed by the legal system, but in practice it has the potential to result in criminal legal consequences if carried out in unlawful ways, such as destroying public facilities, obstructing government projects, or other anarchic actions. On the other hand, the government also has an obligation to ensure that the policies adopted have met the principles of legality, transparency, and justice, including the implementation of an environmental impact analysis (AMDAL) and outreach to affected communities. From a criminal law perspective, it is important to assess the elements of fault (mens rea) and unlawful acts (actus reus) in every act of rejection. Therefore, a balanced approach between law enforcement and the protection of community rights is needed to prevent excessive criminalization of citizens and encourage dialogical and just conflict resolution. This research is expected to contribute to the development of more responsive public policies oriented toward community interests.
Implementation of civil law in resolving inheritance disputes in Banten province Aris Setyanto Pramono; Safiulloh Safiulloh; Ainun Nuraini
Journal of Law Science Vol. 8 No. 3 (2026): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i3.7199

Abstract

This study aims to analyze the implementation of civil law in resolving inheritance disputes in Banten Province. Inheritance disputes are a common legal problem in society due to differences in understanding regarding the distribution of inheritance, weak administration of property ownership, and conflicts of interest between heirs. These conditions give rise to disputes that can disrupt family relationships and social stability. This study uses a qualitative research method with an empirical juridical approach. Data were obtained through observation, interviews, documentation, and literature studies related to civil law and inheritance dispute resolution. Data analysis was conducted descriptively to describe the implementation of civil law in the practice of inheritance dispute resolution in Banten society. The results of the study indicate that the implementation of civil law in resolving inheritance disputes in Banten Province has not been running optimally. Contributing factors include the community's low understanding of inheritance law provisions, the strong influence of local customs and culture, and a lack of public awareness in preparing legal documents such as wills and ownership deeds. Inheritance dispute resolution is generally carried out through family deliberations, mediation, and court channels if the conflict cannot be resolved amicably. The role of government officials, community leaders, and judicial institutions is crucial in providing legal education and ensuring legal certainty for disputing parties. This research is expected to contribute to the development of civil law studies and provide input for the government and community in creating fair, effective, and legally certain inheritance dispute resolution.
Civil legal protection for land sale and purchase agreements in Serang city, Banten Safiulloh Safiulloh; Aris Setyanto Pramono
Journal of Law Science Vol. 8 No. 3 (2026): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i3.7200

Abstract

This study discusses civil legal protection for land sale and purchase agreements in Serang City, which still face various problems, such as ownership disputes, document forgery, default, and non-compliance with land administration procedures. The purpose of this study is to analyze the forms of civil legal protection in the implementation of land sale and purchase agreements and to identify factors that influence the effectiveness of legal protection for the parties. This study uses a normative legal research method with a statutory and conceptual approach. Data were obtained through a literature review of laws and regulations, books, journals, and legal documents related to land sale and purchase. The results of the study indicate that civil legal protection for land sale and purchase agreements in Serang City is basically regulated in the Civil Code, the Basic Agrarian Law, and other land regulations. Legal protection is provided through the validity of the agreement, certainty of land rights, mandatory land registration, and dispute resolution through litigation and non-litigation channels. However, its implementation still faces obstacles in the form of low public understanding of legal procedures, lack of accuracy in document examination, and weak supervision of land administration. Therefore, it is necessary to increase legal socialization, optimize land services, and strengthen the role of land deed officials to provide certainty and more effective legal protection for the community in land sale and purchase transactions
The role of advocates in achieving justice and legal certainty for the community in Banten Province Dika Ratu Marfu'atun; Mazdhalifah Taro; Wahyudi Wahyudi
Journal of Law Science Vol. 8 No. 3 (2026): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i3.7204

Abstract

Advocates hold a strategic position as law enforcers who play a role in providing legal aid, assistance, defense, and protection of the community's rights in obtaining access to justice. Amidst the com-plexity of legal issues faced by the community, the presence of advocates is crucial to bridge the gap in legal understanding, especially for community groups with economic, social, and educational limitations. This study uses a qualitative method with a descriptive approach. Data collection techniques were carried out through interviews, observations, and documentation of advocates, justice seekers, and related institutions in Banten Province. The results of the study indicate that the role of advocates in realizing justice and legal certainty in Banten Province has been carried out through legal consultation functions, litigation and non-litigation assistance, and the provision of free legal aid (pro bono). However, the implementation of this role still faces various obstacles, such as low public legal awareness, limited access to legal services in certain areas, and less than optimal synergy between advocates, the government, and legal aid institutions. Therefore, it is necessary to strengthen the role of advocates through increased professionalism, equitable distribution of legal aid services, and more effective collaboration with various parties to create a legal system that is fair, certain, and in favor of the public interest. This research is expected to provide both academic and practical contributions to strengthening the role of advocates as a pillar of justice in Banten Province
Constitutional law analysis of the elimination of the phrase "assignment of the chief of police" in constitutional court decision no. 114/puu-xxiii/2025 Wahyudi Wahyudi; Ujang Hibar; Dian Samudra
Journal of Law Science Vol. 8 No. 3 (2026): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i3.7205

Abstract

This abstract examines the constitutional law analysis of the deletion of the phrase "assignment of the Chief of Police" in Constitutional Court Decision No. 114/PUU-XXIII/2025 and its implications for the principle of state apparatus neutrality. The decision issued by the Constitutional Court sparked debate regarding the limits of the Chief of Police's authority in the context of institutional assignments, particularly those that intersect with political and state administrative interests. This study uses a normative juridical method with a statutory and conceptual approach to examine the ratio decision in the decision and its compliance with the principles of the rule of law and constitutional democracy. The results show that the deletion of the phrase is an attempt by the Constitutional Court to emphasize the importance of limiting power and maintaining the independence of the police institution from potential political intervention. From a constitutional law perspective, this decision strengthens the principle of state apparatus neutrality as part of the principles of professionalism and impartiality in governance. However, on the other hand, there are practical implications in the form of a potential normative vacuum regarding the assignment mechanism that was previously explicitly regulated, thus requiring further regulatory adjustments. In conclusion, the Constitutional Court's ruling not only has a legal dimension but also impacts institutional governance and the ethics of state administration. Therefore, regulatory harmonization and strengthened oversight are needed to ensure that the principle of state apparatus neutrality is consistently maintained in Indonesian state administration practices

Page 29 of 31 | Total Record : 306

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