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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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Duties And Authority Of PKPU Management Basen On Law No. 37 Of 2004 Concerning Bankruptcy And Suspension Debt Payment Obligations Zeffrianto Sihotang
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.v3i1.1650

Abstract

Suspension of Debt Payment Obligations (PKPU) is a way that can be done so that debtors avoid the bankruptcy process. In the PKPU process, one or more independent PKPU administrators are appointed to together with the PKPU debtor manage the assets of the PKPU debtor. The problem in this paper is about how the appointment of the management in PKPU, the relationship between the management and PKPU debtors, as well as the duties and authorities of the PKPU management as regulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The research method used is a normative legal research method with a descriptive research nature and uses a juridical legal approach. Data collection was carried out by means of data collection in the form of library research in the form of books, articles, magazines and the internet which are closely related to the aims and objectives of writing this thesis. The data used is secondary data, namely primary legal materials, secondary legal materials and tertiary legal materials. The method used in analyzing the data is qualitative analysis. The conclusion of this paper is that the PKPU management is appointed by the Panel of Judges of the Commercial Court who examines and decides on the PKPU case with a decision. In PKPU, the relationship between management and debtors is very close based on the duties and authorities they have, so that in order to achieve the goals of PKPU, the management and debtors must always pay attention to and maintain good relations. Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations has regulated the duties and authorities of the PKPU management in managing the assets of PKPU debtors together with PKPU debtors treasure.
Juridical Review Of Legal Protection For Domestic Workers (PRT) Mario Borneo Tarigan
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.v3i1.1651

Abstract

The existence of domestic workers or better known as domestic helpers is no stranger to the lives of Indonesian people, both in cities and in villages.The formulation of the problem in this study is: What is the Legal Position of Domestic Workers (PRT) in the Work Law in Indonesia? How are cases of domestic workers (PRT) resolved? What is the need for special arrangements for domestic workers (PRT) in the law.The method used is a normative research method which is a scientific research procedure to find the truth based on legal scientific logic from the normative side Legal Position of Domestic Workers (Prt) in Indonesian Work Law. Domestic workers are definitively recognized for their legal position as workers as referred to in Law Number 13 of 2003 concerning Manpower. According to Article 86 paragraph 1 of Law Number 13 of 2003 concerning manpower, it is stated that: “Every worker/labor has the right to obtain protection for (a) occupational safety and health, (b) morals and decency; and (c) treatment in accordance with human dignity and religious values. The consensus deliberation process is carried out between domestic workers and their employers and/or domestic service providers as the simplest step to resolve disputes. Deliberations were taken for the first time without the involvement of local government officials. However, if necessary, local government officials can serve as witnesses in the deliberations. In making decisions through deliberation to reach consensus, time is limited so that it does not drag on and a sense of justice is fulfilled in an effort to provide legal certainty for the parties The need for special arrangements for home workersDomestic workers (PRT) are an important source of livelihood for women and men in Southeast Asia. Because the work is done within the household and is considered informal work, there are no regulations governing it, and as a result it often goes unnoticed. This is a category of work that is in dire need of legal and social protection, as its workers are vulnerable to harassment and exploitation during recruitment and placement, during work, and upon return to their place of origin. This paper summarizes the main problems faced by domestic workers, as well as the obstacles experienced in obtaining their rights.
Short Message Services (SMS) Fraud Against Mobile Telephone Provider Consumer Review From Law Number 8 Of 1999 Concerning Consumer Protection Novanema Duha
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.v3i1.1654

Abstract

Technological advances, especially in the telecommunications sector, are growing very rapidly. One of the communication products/tools created is a cellular phone/mobile phone. The development of this technology does not rule out the possibility of fraudulent short message service (SMS) via cellular phones against consumers. The presence of Law Number 8 of 1999 concerning Consumer Protection as a form of protecting consumers against fraud via SMS. The problems raised in writing this thesis are how to protect the rights of consumers of cellular phone providers, then how to protect personal information and data of cellular phone provider consumers, and how to protect consumers from fraud through short message service (SMS). The research method used in writing this thesis is a normative juridical legal research method, namely by collecting data from various references either through books, legislation, websites, and other reference sources. Based on the results of the study, it is known that the rights of consumers of cellular phone providers refer to Law Number 8 of 1999 concerning Consumer Protection. While the protection of personal information and data is not specifically regulated, but partially regulated in Law Number 36 of 1999 concerning Telecommunications and Law Number 11 of 2008 concerning Information and Electronic Transactions. Furthermore, legal protection efforts for cellular phone provider consumers against fraud committed via SMS, can be in the form of preventive legal remedies and repressive legal remedies, and preventive actions can be taken for fraud through SMS.
Juridical Study On Capital Market Crimes In The Indonesia Stock Exchange According To Law No. 8 Year 1995 About Capital Market Witiya
Journal of Law Science Vol. 3 No. 2 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The Capital Market has a very important role in the current era of economic modernization which is balanced with the Capital Market crimes that occur so that further discussion is needed. The problems raised in this thesis are the scope of capital market crimes and their legal basis, how to deal with capital market crimes and the parties authorized to handle them, and cases of violations in the Capital Market and how the legal force of verdicts is on the settlement of violation cases in the Capital Market. The research method used in writing this thesis is a normative research method, namely by studying literature by obtaining materials from books, laws and regulations, and electronic media. The results of this study indicate that there are four categories of capital market crimes that occur on the Indonesia Stock Exchange, namely fraud, market manipulation, insider trading and misleading information. All decisions of Bapepam based on Law No. 8 of 1995 are weak because they are only limited to administrative sanctions.
Quality Of Population Administration Services Improving Public Services Based On Kepmen No. 25 Of 2004 (Study Of Lubuk Pakam City III) Faisal Dasyah
Journal of Law Science Vol. 3 No. 2 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

This study aims to determine the quality of population administration services in terms of issuing Identity Cards in Lubuk Pakam III Village based on the Decree of the Minister of Administrative Reform Number Kep/25/M.PAN/2/2004 dated February 24, 2004 concerning General Guidelines for Compiling the Unit Community Satisfaction Index. Government agency services, and the factors that influence the quality of service for issuing Identity Cards in Lubtik Pakam III Village, Lubuk Pakam District, based on Kepmenpan Number 25 of 2004. This study uses a qualitative descriptive method with a case study approach with inductive data analysis techniques using a single table. then look for the average service quality variable. Collecting data using library research and field research. Based on the results of data analysis, it is known that. the quality of population administration services in terms of the issuance of Identity Cards in Lubuk Pakam III Village based on the Decree of the Minister of Administrative Reform No. Kep/25/M.PAN/2/2004 dated February 24, 2004 concerning General Guidelines for Compiling the Community Satisfaction Index for Service Units of Government Agencies. poor category. where from the 14 elements of service, there are 7 (seven) elements of service that are not good and 7 (seven) elements of service that are included in the good category, namely courtesy and friendliness of officers, certainty of service schedules, environmental comfort. Based on the results of the research and the conclusions mentioned above, the authors contribute suggestions to improve aspects of knowledge where the real aspect is one of the requirements for improving the quality of human resources so that they can create human resources who are able to think ahead.
Transfer Of Criminal Activities From One Country To Other Desy Kartika C Sitepu
Journal of Law Science Vol. 3 No. 2 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i2.1662

Abstract

Extradition is defined as the surrender of criminals from one country to another. The purpose and objective of extradition is to ensure that the perpetrators of serious crimes cannot escape prosecution or punishment. Therefore, it is appropriate and appropriate for the criminal to be handed over for examination and trial by a state having jurisdiction. The issue raised is the extradition procedure according to Law Number 1 of 1979, the types of crimes that can be requested for the transfer of the perpetrators of criminal acts. The method used is a normative juridical approach, namely research based on literature study. The literature study was conducted to find secondary data, while secondary data were primary legal materials in the form of criminal law literature, extradition and other secondary legal materials. Meanwhile, the tertiary legal materials used in this paper are materials obtained from the internet. Extradition procedures according to Law Number 1 of 1979 are conditions that must be carried out in the process of transferring criminals from one country to another. The perpetrator of a criminal act who can be extradited is any person whom the competent authority from a foreign country requests from Indonesia, on the basis that the person concerned is suspected of committing a crime in order to be able to serve a sentence, while a crime that cannot be extradited is a political crime.
Legal Protection For Users Of Public Transportation Services (Passenger) Based On Law No. 22 Year 2009 Dian Natalia
Journal of Law Science Vol. 3 No. 2 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

Transportation or transportation is a very important field of activity in the life of the Indonesian people. However, in reality, transportation drivers often take actions that are considered to cause harm to passengers.The problems raised in this thesis are the legal position of service users (passengers) of public transportation as consumers of public transportation facilities, things that can cause harm to service users (passengers) of public transportation in carrying out transportation, and the form of legal protection provided by Law no. 22 of 2009 to service users (passengers) of public transportation. The writing method that underlies the writing of this thesis is the method of normative research and sociological research. In normative research, the author conducts research through regulations and legal materials related to this writing, while in sociological research, the author conducts research on one of the transportation companies in the city of Pematangsiantar, namely the transportation company CV. Masterpiece. The collection of data in writing this thesis is by library research, namely studying books, laws and regulations, lecture notes and other literature sources related to this thesis and field research, namely research carried out independently. directly to the object of research to collect the necessary data and information. In a carriage agreement, the position of the parties, namely the carrier and the service user, is equal. As for the things that can cause harm to passengers due to the fault of the carrier, among others, accidents caused by negligence of the driver, conditions of transportation that are not suitable for use, or due to lost or damaged passenger luggageThe government should increase the socialization activities of Law no. 22 of 2009, both to public transport operators and to the wider community as users of public transport services, so that legal protection efforts against public transport service users (passengers) as regulated in Law no. 22 of 2009 can actually be implemented by all public transportation companies.
Objectives As Guarantee Of Liability In Problem Credit Agreements (Study At PT. Bank Sumut Utama Branch) Vinno Isvara
Journal of Law Science Vol. 3 No. 2 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

A credit agreement is an agreement between a bank as a creditor and a customer as a debtor to lend a certain amount of funds to the debtor. However, it often happens that when the credit has been given to the debtor, it turns out that the debtor cannot return the amount of money, goods or services that were promised to be returned at a predetermined time and becomes a non-performing loan so that the bank cannot withdraw the funds that have been given. Here the bank makes a rule, if someone wants to borrow credit then there must be a guarantee in the form of Mortgage which is regulated in the Mortgage Law Number 4 of 1996. Dependents can be auctioned and executed.The problem that will be discussed in writing this thesis is how is the position of the object as collateral for Mortgage in granting credit at PT. Bank Sumut Main Branch, how is the management of non-performing loans with mortgage guarantees at PT. Bank Sumut Main Branch and whether the collateral can be executed directly in an effort to resolve non-performing loans at PT. Bank Sumut Main Branch. In writing this thesis, the method used is library research, namely: research is carried out by obtaining material from the library in the form of books, scholarly works of scholars, laws and regulations, magazines, and others that have related to the title of this thesis. The research was also carried out by means of field research (Field Research), namely: data collection, consultation with Mr. Muhsin Adlin, SH as Head of Credit Administration at PT. Bank Sumut Caban Utama, where this consultation aims to find out various matters relating to Materials as Guarantees for Mortgage in Problematic Credit Agreements at PT. Bank Sumut Main Branch.
Juridical Review Of The Executorial Strength Of Liability Certificates In Overcoming Non-Loading Loans (Study At Bank Danamon Cab. Sukaramai Assistant) Deri Fachrizal
Journal of Law Science Vol. 3 No. 3 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i3.1669

Abstract

The increase in development activities has resulted in an increasing need for the availability of funds, most of which are obtained through credit activities. So it can be said that credit is one of the most important sources of development financing. Credit in banking activities is the most important business activity, because the largest income from bank business comes from income from credit business activities in the form of interest and fees. The problem in this research is how is the procedure for binding the mortgage certificate as collateral for the credit agreement at PT. Bank Danamon Sub-Branch Sukaramai Medan. What are the obstacles to Mortgage in Fulfilling the Rights of the Parties in the Mortgage Execution Process at PT. Bank Danamon Sukaramai Medan Sub-Branch and How the Executional Strength of Mortgage Certificate at PT. Bank Danamon Sub-Branch Sukaramai Medan?. The method used in this research is empirical juridical, namely an approach from the point of view of the rules and implementation of regulations that apply in society, which is carried out by researching secondary data first, then continued by conducting research on primary data in the field. The procedures that must be fulfilled by the customer from the time the credit application is submitted until the payment of a loan granted by the Bank is: Credit Application, Credit Investigation and Analysis, Types of Credit. The importance of binding debt guarantees is so that we can anticipate exactly whether the guarantee will be able to be executed or easily executed. This is because the different procedures for binding guarantees have a direct correlation with how they are executed. Obstacles in the Execution of Mortgage as collateral for credit for legal protection for the interests of Creditors. There are several factors that become obstacles that often occur, namely the resistance by the Mortgage holder himself to the execution of the first Mortgage holder's application. This issue is not regulated in UUHT but is in the Material of Civil Procedure Law. The Mortgage Law has given great executorial power to the Mortgage Certificate, namely by the inclusion of an Irah-Irah which reads "For Justice Based on the One Godhead", so that the position of the Mortgage Certificate is the same as the Court's Decision which has obtained permanent legal force
Settlement Of Bad Loans Through Debt Payment Obligation Submitting Institutions (PKPU) Dini Syakina Siregar
Journal of Law Science Vol. 3 No. 3 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i3.1672

Abstract

In order to enter the era of globalization and face the growth of the national economy, the banking sector is one sector that must be developed and utilized optimally. Especially through the provision of facilities provided by the banking sector for the community. The problem formulated in writing this thesis is how to handle bad loans in the banking environment, then discussed again What is the legal relationship between the Suspension of Debt Payment Obligations (PKPU) and bad loans, then discussed about How to settle bad loans through the Debt Payment Obligation Suspension Agency. (PKPU).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. Bad credit (Non Performing Loan / NPL) is where the credit cannot run as agreed in the credit contract agreement. Bad credit or credit failure can occur for many reasons. To avoid the occurrence of bad credit, it is necessary to control. Every loan disbursement of course has complied with banking regulations and is in accordance with sound credit principles. If indeed in the future, the credit develops into bad credit, then PKPU will be an alternative for the debtor and creditor in repaying the credit. As long as PKPU lasts, debtors cannot be forced to pay their debts. All execution actions that have been assessed to obtain debt repayment, must be suspended.

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