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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 251 Documents
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Juridical Analysis of The Authority of The Civil Services Police Unit In Enforcement of The Minister of Home Affairs Regulation No. 26 of 2005 (Study of Simalungun Regency Eassay) Delfin Mikhael Meliala
Journal of Law Science Vol. 2 No. 3 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i3.1629

Abstract

Policeman Guardian Territory Of Jurisdiction that is sets of Equipment Administration Territory in Keep and Execute Calm and Orderliness the public with cause Arrange Territory and Arrange Head Territory. So Squad Policeman Guardian Territory Of Jurisdiction that is sets of Administration in area Arrange Territory, orderlinnes the public, and Calm Society. Squad Policeman Guardian Territory Of Jurisdiction in lead by someone head squad and be in under and be responsible see Head Territory. In order that implementation of the duty Squad Policeman Guardian Territory Of Jurisdiction can power use and result use in best, need to be compass Operational as Procedure Permanent For Squad Policeman Guardian Territory Of Jurisdiction in bring about duty.Be then are become problems in research this form how duty stake and function Squad Policeman Guardian Territory Of Jurisdiction, how Squad Policeman Guardian Territory Of Jurisdiction upgrade professionalism, how compass Procedures Permanent Operational Squad Policeman Guardian Territory Of Jurisdiction. There is even principle research are in take deep research in wear encode for processing primary that is with make interview at side Squad Policeman Guardian Territory Of Jurisdiction of equipment Residence Simalungun with in add by literature with be related to by title and problem. At finish creation this in come together a certain conclusion are form distribution from answer problem are in take away according to brief and in give as well little suggestion at side are related to use go forward with input at rubber side for can in purpose carefully.
The Role Of The Inspectorate In The Implementation OF Regional Autonomic Supervision In The Province Of North Sumatera View From A State Administrative Law Perspetive Viza Vadilla
Journal of Law Science Vol. 2 No. 3 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

Inspectorate is an element of supervising the development and administration of provincial, district and city government which has the task of supervising the implementation of government affairs in the provinces, districts and cities. The problems raised in this thesis are: What is the position and role of the Inspectorate in the implementation of regional autonomy in North Sumatra Province. And the extent to which the Inspectorate can perform its role as a supervisory agency after the implementation of regional autonomy in North Sumatra Province. This research uses normative research methods, using library research and field research. The conclusion is: The Inspectorate of North Sumatra Province is located under the North Sumatra Provincial Government, in line with other agencies and services under the auspices of the North Sumatra Provincial Government which is responsible to the Governor through the Regional Secretary. The results of the examination of cases handled, especially in follow-up supervision, where before the implementation of regional autonomy the bureaucracy was complicated and lengthy and took a long time. However, after the implementation of regional autonomy, it is sufficient for the Governor to complete a Governor's Decree, except in cases where there are indications of criminal or civil acts that require the intervention of a third party. Factors supporting the implementation and functional supervision carried out by the Inspectorate of North Sumatra Province after the issuance of Law no. For this reason, it is recommended to the Inspectorate of North Sumatra Province to supervise the performance of the Regional Government of North Sumatra Province and its staff to be carried out by the Provincial Inspectorate. It is hoped that the Governor of North Sumatra will be transparent in responding to and forwarding cases found by the Inspectorate of North Sumatra Province and can provide a more adequate budget.
Legal Protection Of Consumers In Credit Car Sales Agreements (Study At Pt BII Finance Center) Dian Utami
Journal of Law Science Vol. 2 No. 3 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

In addition to the sale and purchase as regulated in Article 1457 of the Civil Code, in practice other buying and selling agreements can occur as long as they fulfill the legal requirements of the agreement such as a cash sale and purchase agreement, a credit sale and purchase agreement, a sale and purchase agreement with a guarantee or without a guarantee. In a sale and purchase agreement, the buyer will usually always examine the condition and condition of an item to be purchased, whether it is in good condition or whether there is a defect. However, if the goods being traded are in the form of four-wheeled vehicles (cars) on credit, then the buyer may not be able to find out the condition of the four-wheeled vehicles (cars) on credit if they are not tested directly to find out whether they function or not. For this reason, someone who buys a four-wheeled vehicle (car) can sue the seller if the four-wheeled vehicle (car) he has purchased turns out to have hidden defects that were not known at the time of purchase. Consumers' obligations in accordance with Article 5 of the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection, after the existence of the UUPK, the protection of consumers from abuse of the situation is getting better because based on Article 18 of the UUPK it is prohibited to contain certain standard clauses in the agreement between consumers and business actors . Legal Efforts that can be taken by consumers of PT BII Finance Center if they are harmed in the Sale and Purchase of Credit Cars, namely the resolution of problems in the event of non-performing loans in financing companies, is carried out in two ways, namely by litigation and non-litigation. then the protection of consumers from abuse of circumstances is getting better because based on Article 18 of the UUPK it is prohibited to contain certain standard clauses in the agreement between consumers and business actors. Legal Efforts that can be taken by consumers of PT BII Finance Center if they are harmed in the Sale and Purchase of Credit Cars, namely the resolution of problems in the event of non-performing loans in financing companies, is carried out in two ways, namely by litigation and non-litigation. then the protection of consumers from abuse of circumstances is getting better because based on Article 18 of the UUPK it is prohibited to contain certain standard clauses in the agreement between consumers and business actors. Legal Efforts that can be taken by consumers of PT BII Finance Center if they are harmed in the Sale and Purchase of Credit Cars, namely the resolution of problems in the event of non-performing loans in financing companies, is carried out in two ways, namely by litigation and non-litigation.
Juridical Analysis Of Patent Disclaimer Related To Improvement Of Inventions (Case Study on Supreme Court Decision Number 802 K/PDT. Sus/2011) Bondan Girsang
Journal of Law Science Vol. 2 No. 4 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i4.1634

Abstract

Disclaimer of Patents Related to Improvement of Inventions takes into account the provisions regulated by Law Number 14 of 2001 and Government Regulations of 1999. Based on the regulations regulated by the Patent Law, the party applying for a patent is referred to as the Applicant and is requested to the Directorate General of Patents. In the refusal decision, if the applicant has objections to the decision by the Directorate General of Patents, it can make an appeal to the Patent Appeal Commission, if it is still rejected, it can take legal action, namely a lawsuit to the Commercial Court, and an appeal to the Supreme Court. This research was conducted using normative legal writing methods or library law research. The data used were primary, secondary, and tertiary legal materials, while the data collection was carried out by library research. The method used in analyzing the data is qualitative analysis. Based on the results of the author's research, namely the decision of the Supreme Court in the case of rejection of patents related to the improvement of this invention is due to the applicant's lack of observance of the legal remedies taken, where the decision of the supreme court did not discuss, or alluded to, the object for which the patent was requested, due to the fault of the applicant. who are late in filing their lawsuit to the court, in accordance with the provisions of the Patent Law, which is 3 months after receiving the rejection decision from the Directorate General.
Senkaku Islands Dispute Between China And Japan In East China Sea Review From International Law Maulida Hadry Sa'adillah
Journal of Law Science Vol. 2 No. 4 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

Territorial disputes are problems that often become a problem for countries in the world. Later the world was presented with a territorial dispute between China and Japan. The dispute is over ownership of a group of islands in the East China Sea, the Senkaku Islands, which are thought to have the largest oil and gas reserves in Asia. International law for several centuries has continued to develop in regulating the issue of determining the sovereignty of a disputed territory. Regarding the archipelagic dispute, the question arises about how the state's sovereignty over the sea area according to international law is? How are territorial disputes resolved according to international law? And how about the settlement of the Senkaku Islands dispute between China and Japan according to international law?. The research method used is library research or normative research, namely by selecting and collecting data from various books, scholarly opinions, dictionaries, encyclopedias and international legal literature related to thesis writing. According to Article 38 of the UN Charter, the sources of international law consist of international treaties, international customs, principles common law recognized by civilized nations, court decisions and doctrines of scholars. An international territorial dispute is a dispute or dispute between two countries fighting over a certain area, for example, over an island. The Senkaku Islands dispute between China and Japan has actually been going on for a long time. However, the situation that has developed recently has worried the international community. This dispute caused relations between the two countries to worsen with the occurrence of a number of incidents related to the seizure of ownership of the islands. Settlement of territorial disputes is regulated in the United Nations Charter and the 1982 Law of the Sea Convention. Dispute settlement according to the United Nations Charter requires states to resolve their disputes peacefully based on the principles of international law. The UN Charter also prohibits states from using violence in resolving their disputes as stated in Article 2 Paragraph 4. While the 1982 Law of the Sea Convention provides several dispute resolution mechanisms to deal with problems that occur in the sea area.
Implementation Of The Principle Of Disclosure In Share Trading In Primary Market And Secondary Market Budi Praptio
Journal of Law Science Vol. 2 No. 4 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The capital market has an important role in a country. The principle of openness is a core issue in the capital market and is at the same time the soul of the capital market itself. The problems that will be discussed in writing this thesis are about what are the benefits and objectives of implementing the principle of openness in the primary and secondary markets, then discussed about how the regulation of stock trading is carried out in the primary market and secondary market, and finally discussed how the regulation of the principle of openness to share trading carried out in the primary and secondary markets. The research that will be conducted is normative legal research. Normative research based on primary and secondary legal materials, namely the intarization of regulations relating to the writing of the author's thesis. The data collection technique was carried out by means of library research (library research). From the data that has been collected, both primary data and secondary data, then processed and analyzed using qualitative descriptive analysis techniques. The principle of openness plays an important role in the trading process in the primary and secondary markets. Disclosure about material facts is the soul of the capital market based on the existence of the principle of openness that allows for the availability of consideration for investors, so that they can rationally make decisions to buy or sell shares. The legal basis governing this stock trading can be seen in Article 7 paragraph (1), Article 9 paragraph (1) and Article 95 of Law Number 8 of 1995 concerning the Capital Market. These articles regulate the provisions that must be implemented and must not be violated by capital market players in order to create orderly, fair and efficient securities trading. The regulation regarding the principle of openness in trade is regulated in Chapter X (Article 85-89) of Law Number 8 of 1995 concerning the Capital Market. The implementation of the principle of openness in stock trading in the primary market is centered in the delivery of information on share offerings through prospectuses. Meanwhile, openness in the secondary market is very dominant and crucial in determining stock prices.
Authority Of The Police In The Eradication Of Criminal Acts Of Terorism According To Law No. 15 Of 2003 Melky Sidhek Gultom
Journal of Law Science Vol. 2 No. 4 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i4.1642

Abstract

Terrorism is a terrible threat to every country in the world, destroying state stability, security functions, socio-cultural, economic, political and can even shake various religious parties. As a state of law, Indonesia has an obligation to protect the rights of its citizens. Through Law Number 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism and Law Number 2 of 2002 concerning the Police, terrorists must be eradicated to their roots to create security, peace and social welfare for the community. For this reason, the authority of the Police in eradicating criminal acts of terrorism is to establish the Special Datasemen 88 Anti-Terror as a special elite force to deal with terrorist acts and their eradication.The problems discussed in this thesis are: First, how is the regulation of criminal acts of terrorism according to Law Number 15 of 2003 concerning the eradication of criminal acts of terrorism? Second, how is the authority of the Police in eradicating criminal acts of terrorism, the method used in this thesis is the normative juridical approach, the data source used is secondary data through library research data collection tools and through qualitative data. The conclusion in this thesis, that the authority of the Police in eradicating criminal acts of terrorism refers to the various efforts taken, the application of legal regulations and sanctions against terrorist actors, as well as implementing penal and non-penal policies, UUPTPT applies retroactive law enforcement to cases cases that have passed before the emergence of the PTPT Law which regulates it, the authority of the Police to provide protection, protection, and law enforcement for the community and involves the role of the Special Detachment 88 Anti-Terror as the forefront in carrying out prosecutions and arrests. It is recommended for the National Police to carry out surveillance of urban and rural residents for the role of the Community Police (Polmas) which is very important as an early detection of the development of the local community.
Legal Protection For Users Of Air Cargo Transportation Services (Study At PT. Anugerah Semesta Persada) Rio Peranata Sebayang
Journal of Law Science Vol. 2 No. 4 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i4.1644

Abstract

Implementation of the rights and obligations of users of cargo transportation services, PT. Anugerah Semesta Persada (EMPU) and airlines are included in the expedition agreement where the agreement is a reciprocal agreement between the forwarder and the sender, and the forwarder binds himself to find a good carrier for the sender, while the sender binds himself to pay fees. to the forwarder. This expedition agreement is included in the air transportation agreement so that it must comply with the Law of the Republic of Indonesia Number 1 of 2009 concerning Aviation. The method used in this paper is normative research, namely research conducted by examining library materials related to the problem to be studied. Library materials used as sources of research are obtained from books, articles, papers, magazines, and electronic media such as the internet. The case study was conducted at the PT. Anugerah Semesta Persada (EMPU) is a company that operates as an expediter under the leadership of SUHENDRA and REKAN in order to complete the data in completing the research. The conclusion shows that the implementation of the rights and obligations of users of cargo transportation services, PT. Anugerah Semesta Persada (EMPU), and airlines are included in the expedition agreement where the agreement is a reciprocal agreement between the forwarder and the sender, and the forwarder binds himself to find a good carrier for the sender, while the sender binds himself to pay fees. to the forwarder. The aircraft used in this transportation are passenger aircraft. Carriage using checked baggage on passenger aircraft. Baggage must not exceed capacity so as not to endanger flight safety. The responsibility of PT. Anugerah Semesta Persada and airline companies in carrying out cargo transportation by aircraft are lost in whole or in part, when damaged, and late arriving at the destination. This expedition agreement is included in the air transportation agreement so that it must be subject to the Law of the Republic of Indonesia Number 1 of 2009 concerning Aviation. Implementation of legal protection for users of aircraft cargo transportation services at PT. Anugerah Semesta Persada is regulated in the Decree of the Minister of Transportation No. KM 77 of 2011 concerning Responsibilities of Air Transport Carriers.
The Responsibility Of A Shop House Tenant (Ruko) If Demage Happen When The Rental Agreement Ends Minstyn Tambunan
Journal of Law Science Vol. 3 No. 1 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i1.1646

Abstract

In the era of increasing population growth, the need for housing is also increasing, but the area of ??land needed is decreasing, for that, the way to overcome this is to build houses or shop houses for rent. However, not all people can afford to build these houses or shophouses. Therefore, a house or shophouse rental agreement was made. The problem in this study is how the procedure for a shop house rental agreement occurs between the parties, what are the rights and obligations of the parties in the shophouse rental agreement and what is the responsibility of the shop house tenant if it occurs. damage when the lease agreement expires. This research was conducted in the city of Medan.This research is descriptive. The approach method used is the normative juridical method and the empirical juridical method. The data used are primary data and secondary data. Data collection methods are library data and field studies. Data were collected using a questionnaire. After collecting the data, it was analyzed qualitatively.The shophouse rental agreement entered into by the parties begins with an agreement which is then included in a contract that they have drawn up themselves. The shop owner's obligations are to provide shop-houses that are suitable for use, hand over shop-keys, provide supporting facilities (for example: water, PAM, electricity and telephone), not to lease back to other parties during the current lease period, ask the tenant whether this is done extension of the lease at the shophouse and submit supporting documents in the agreement. Meanwhile, the tenant's obligation is to pay the rent for the shop, to maintain the condition of the shop properly, to pay the budget for the tenant's fees (for example: water, electricity and telephone). If there is damage to the shop at the time the lease agreement ends
Legal Aspects Of Deposits As Credits Guarantee To Bank (Study At PT. Bank Danamon, Tbk) Zaini Hafiz Hasibuan
Journal of Law Science Vol. 3 No. 1 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i1.1649

Abstract

In general, economic activity in Indonesia is related to the general public with funds, meaning that every implementation of development requires funds for the continuity of the development. So that funds are a driving force that has such a big influence for progress in all aspects of the fields in the overall life of the nation and state. Likewise, business actors, both individuals and business entities, in carrying out development or business activities will require large amounts of funds, in the sense that the amount exceeds the funds and capital they have. One of the efforts for capital or funds is through bank credit facilities. So, it is appropriate to be able to understand how the implementation of credit agreements, how the efforts made in disbursing credit. This research uses a normative juridical approach proposed by Soerjono Soekamto, is a research study that emphasizes the science of law and tries to examine the legal rules and norms that apply in the midst of society. From a research result, it is found that First, in general, the implementation of credit agreements with deposit guarantees at first, prospective debtors must apply for credit by filling out the form as provided by the bank and completing all the administration, then the bank the bank performs a credit analysis to assessing the ability and feasibility of the debtor applying for credit. Second, after the application is received by the bank, the bank then makes disbursement efforts by binding it by signing and signed by the debtor (credit applicant) a letter of agreement and other documents that must be filled in for the credit disbursement process.

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