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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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Jurisdiction Of A Country’s Air Territorry In International Law Perspective Yan Jefri Barus
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.v3i3.1673

Abstract

The sovereignty of a country is no longer absolute or absolute, but at certain limits it must respect the sovereignty of other countries, which are regulated through international law. This is what became known as the relative sovereignty of the state. In the context of international law, a sovereign state must essentially obey and respect international law, as well as the sovereignty and territorial integrity of other countries. The problem in this research is How is the JURISDICTION of a country's airspace? What are the principles of air law adopted by nations in the world (internationally)? How is the JURISDICTION of a country's airspace in the perspective of international law? Its basic function is to show the way to solve research problems. The airspace contained above the land area, inland waters, and territorial sea is included in the jurisdiction of a country. This can be seen from article 1 of the Chicago Convention 1944 concerning International Civil Aviation: "State sovereignty in the air space above its territorial area is complete and exclusive sovereignity". This provision is one of the main pillars of international law governing air space. The principles of international air law include the principle of airspace sovereignty, the principle of JURISDICTION of air space, and the principle of responsibility. The principles in jurisdiction are the principle of territorial, national, passive personality, protection or security, universality, and crime according to applicable legal criteria. In relation to state jurisdiction in airspace, very closely related to law enforcement in the airspace. With jurisdiction, the country concerned has the authority and responsibility in the air to carry out law enforcement in air space.
Legal Position Of A Person Who Is Not Attended (Afwezigheid) According To The Kuhperdata (Case Study At The Career Of Health Of Medan) Jessica Vania Theresa Samosir
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.v3i3.1674

Abstract

The development of technology and information does not guarantee that someone's whereabouts are unknown to others. Over time, it turns out that there is still a state of absence (afwezigheid), where a person's whereabouts are not known. With the condition of a person's whereabouts is not known by the family or community where he has committed a legal act, a problem will arise regarding the legal status of the person, this will relate to the interests of other people, namely the family left behind and will also intersect with various legal aspects, including the person's inheritance. The legal status of the person declared in a state of absence (afwezigheid),Based on this background, the issues raised are how the procedures for implementing and managing assets from an absence state (afwezigheid) by the Medan Heritage Property Center are held, what is the responsibility of the Medan Heritage Property Office in managing absenteeism fees (afwezigheid) and what is the role of the Medan Heritage Property Center in implementing and management of inheritance based on Court Decision Number 123/Pdt.P/2005/PN.TTD. The research method used in this study is descriptive analytical research, because it aims to describe the real situation, then the data obtained are analyzed qualitatively. Data were obtained through library research, namely collecting theoretical materials from the literature such as primary legal materials, secondary legal materials, and tertiary legal materials. The process of managing the assets of people who are not present (afwezigheid) is carried out starting from the recording stage to the stage of managing boedel in an absent state (afwezigheid). The responsibility of the Medan Heritage Treasurer in managing boedel absences (afwezigheid) is carried out until a period of 30 years and then becomes the property of the State, the role of the Medan Heritage Treasures in managing boedel absences (afwezigheid) based on Court Decision Number 123/Pdt.P/2005 /PN.TTD has been in accordance with the duties and functions of the Heritage Office.
Legal Protection Of Broker Company’s Customers Against Commodity Futures Trading In Review Of Law Number 10 Year 2011 (Case Study Of PT. Kontak Perkasa Future) Rahmat Ari Septiawan
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.v3i3.1676

Abstract

This thesis discusses the legal protection of brokerage company customers against commodity futures trading in terms of Law Number 10 of 2011 concerning commodity futures trading, to determine the role of brokerage companies in conducting commodity futures trading transactions and to determine aspects of legal protection provided by brokerage companies. to the agreement that has been made between the brokerage companies in this case is PT..Kontak Perkasa Future and customers/investors; and to know the legality and supervision in the futures trading transactions to customers, business people, to the general public, and especially to futures brokerage companies in Indonesia.This study uses normative juridical research, which is a form of research that describes the applicable laws and regulations associated with legal theories and positive law enforcement practices, which are related to the problems investigated. The data collection techniques that the author uses in this research are interviews, literature study, direct observation or field observation. With the existence of a free market, the freedom of consumers (in this case customers in the Futures trading sector) to choose products and services from a Futures brokerage company is increasingly open. On the other hand, this condition can result in the position of business actors (in this case Futures Brokers) and consumers (customers) becoming unbalanced. The customer is in a weak position and becomes the object of business activity to achieve the maximum profit by business actors (Futures Brokers). The main factor that becomes the weakness of consumers (customers) is that the level of customer awareness of their rights is still very low, plus not all futures brokerage companies that appear have a business license from CoFTRA, therefore a legal protection is needed for brokerage company customers in Indonesia. Commodity futures trading as regulated in Law Number 10 of 2011.
Aspect Of Consumer Protection Against Circulation Of Hard Drug In The Market (Study At BPOM Medan) Nova Liani Munthe
Journal of Law Science Vol. 3 No. 4 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i4.1682

Abstract

Consumer protection is a matter of human interest, therefore it is a hope for nations in the world to be realized. Thus the importance of the issue of Consumer Protection in Indonesia, then issued a statutory regulation, namely Law no. 8 of 1999 concerning the Consumer Protection Act (known as UUPK). Especially Consumer Protection in the Health Sector which is something that is really needed by consumers in obtaining drug products circulating in the community, where the circulating drug products have been supervised by an agency that can be responsible for drug control. The Food and Drug Supervisory Agency (BPOM) is an agency appointed by the government in conducting drug control, The problems that will be discussed are first, how is the function of BPOM in Consumer Legal Protection. Second, how is consumer protection against the use of hard drugs. Third, what legal remedies can be taken by consumers as a result of losses in the use of strong drugs. The author obtains data and materials regarding the problems discussed, the author conducts Library Research, namely obtaining materials through reading sources or written materials as data of a scientific theoretical nature or secondary data. The author also conducts empirical research, namely obtaining data directly and conducting studies based on facts that occur in the field. Finally, conclusions were obtained, among others, first, the function of the Supervisory Board Drug and Food (BPOM) is to carry out control and supervision in the field of medicine and food. BPOM became aNon-Departmental Institution (LPND). Second, the role of the government is very necessary, namely by making a policy regarding food (food) which is carried out in an effort to control, supervise, develop and educate consumers and business actors. And invites consumers to think smart in consuming and using drugs, so that they are in accordance with the dose recommended by the doctor so they don't buy in any place. Third, legal remedies that can be taken by consumers are litigation or non-litigation, where non-litigation methods can be through the Dispute Resolution Agency (BPSK).
Juridical Review Of The Granting Of Remissions To Prisoners Of Criminal Acts Of Corruption Rizki Karina Azilia
Journal of Law Science Vol. 3 No. 4 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i4.1683

Abstract

Corruption has occurred systematically and widely, causing state financial losses, as well as violating the social and economic rights of the community at large. The most common punishment imposed on perpetrators of corruption is imprisonment. Law Number 12 of 1999 concerning Corrections states that one of the rights of prisoners is to obtain a reduction in their criminal period or remission, not least for prisoners who are perpetrators of corruption. The government has issued Government Regulation Number 28 of 2006 concerning the Terms and Procedures for the Implementation of the Rights of Correctional Inmates. Convicts of criminal acts of corruption can be given remission if they meet the requirements of good behavior and have served 1/3 (one third) of their criminal period. The study was conducted to find out the things that became the basis for granting remissions to prisoners, including convicts who were perpetrators of criminal acts of corruption and to find out how the legal arrangements for granting remissions to prisoners who were perpetrators of corruption in positive law in Indonesia. The type of research is normative juridical research. The data was collected through a literature study, and the data obtained were processed using qualitative data processing methods. This qualitative analysis is then linked to relevant problems and theories so that the data obtained are descriptive. The results of the analysis show that the correctional system seeks to realize the social reintegration of prisoners in prison, therefore the basis for granting remissions to prisoners is to motivate prisoners to behave well and accelerate prisoners who are well behaved so that they can be released and return to society before the actual date of freedom. The legal rules for granting remissions to convicts who commit corruption crimes are Government Regulation Number 28 of 2006, but have not been equipped with implementing regulations. The government should immediately provide clarity to this regulation by issuing implementing regulations so as to provide legal certainty for the Directorate General of Corrections.
Juridical Review Consumer Legal Against Labeling Of Food Products Based On Law No. 8 Year 1999 Martina Lestari Ritonga
Journal of Law Science Vol. 3 No. 4 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i4.1684

Abstract

Consumer protection is in line with the development of the world economy. The rapid development of the world economy, especially in the trade sector, produces various types and variations of each type of goods and/or services that can be consumed. For consumers, information about goods and/or services is a basic need, before they use sources of funds to conduct consumer transactions with these goods and/or services. The right to correct information is one of the rights of consumers as regulated in Article 4 of Law no. 8 of 1999 concerning Consumer Protection. One source of the correct information is the label. In article 1 paragraph (3) of PP no. 69 of 1999 concerning Food Labels and Advertisements defines that what is meant by Food Labels is "any information regarding food in the form of pictures, writing, a combination of both or other forms that are attached to food, inserted into, affixed to or part of food packaging". From the definition of the label, it is known that the label contains information about the food produced. However, the problem of labeling, especially regarding food labels, has received less attention from consumers and business actors. Information that is not true and misleads consumers results in losses to consumers which ultimately results in legal consequences for business actors in taking responsibility for them. The type of research used in this research is normative legal research, which is a study that places norms as the object of research in this case is Law no. 8 of 1999. The type of approach used in this research is descriptive analytical approach, namely research based on one or two interrelated variables based on general theories/concepts that are applied to explain a set of data or show comparisons or relationships. Data collection is done by researching library materials (Library Research). Legal data analysis in this paper uses qualitative data. From the results of this research, it can be concluded that the provisions for labeling food products meet the principles of consumer protection and violations of food product labeling by business actors can be subject to civil, criminal and administrative responsibility.
The Role Of The Medan Police In Law Enforcement Of Criminal Acts Of Narcotics Marwansyah Laila
Journal of Law Science Vol. 3 No. 4 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i4.1689

Abstract

Narcotics are needed by humans for treatment so that to meet the needs in the field of medicine and scientific studies, a continuous production of narcotics is needed for these sufferers. On the basis of considering Law Number 35 of 2009 concerning Narcotics, it is stated that narcotics on the one hand are drugs or materials that are useful in the field of treatment or health services and the development of science and on the other hand can also cause dependence which is very detrimental if misused or used without strict control and supervision. The problem in this research is how to tackle and eradicate narcotics crime? What are the efforts of the Medan Police in overcoming and eradicating narcotics crimes? What are the Obstacles in the Countermeasures and Eradication of Narcotics Crimes at the Medan Police? This research is descriptive in nature, which aims to describe exactly what the characteristics of an individual, condition, symptom, or group are, or to determine the spread of a symptom, or to determine whether there is a relationship between a symptom and other symptoms in society. Efforts to overcome and eradicate narcotics crimes within the jurisdiction of the Medan City Police are carried out through non-penal policies and penal policies. Non-penal policies are carried out through preventive and preemptive measures which are implemented through counseling, narcotics safaris, distribution of pamphlets and billboards as well as approaches to traditional and religious leaders as well as community development. This approach was carried out by the Medan City Police Resort in collaboration with BNN and experts through the perspectives of cultural anthropology, sociology, communication, psychology, healthy life education (public health science). The non-penal policy is aimed at children (including school-age youth) and the general public. Penal policies through law enforcement are also applied to police officers who make mistakes in disclosing narcotics cases. Obstacles in overcoming and eradicating narcotics crime in the jurisdiction of the Medan City Police Resort can be viewed from legal factors, law enforcement factors, facilities and facilities in law enforcement, community factors and cultural factors. In general, Law Number 35 of 2009 concerning Narcotics is more comprehensive in regulating the actions that can be taken to uncover narcotics networks. factors of facilities and facilities in law enforcement, community factors and cultural factors. In general, Law Number 35 of 2009 concerning Narcotics is more comprehensive in regulating the actions that can be taken to uncover narcotics networks. factors of facilities and facilities in law enforcement, community factors and cultural factors. In general, Law Number 35 of 2009 concerning Narcotics is more comprehensive in regulating the actions that can be taken to uncover narcotics networks.
Jurisdiction Regarding The Objective Rights Of Buyer Asset-Backed Securities In Secondary Housing Financing Junitin Sinar Humombang N
Journal of Law Science Vol. 3 No. 4 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i4.1690

Abstract

Secondary housing financing is a facility that makes it easier for banks to liquidate their less liquid financial assets in the form of receivables arising from the distribution of Home Ownership Loans (KPR). This needs to be done to avoid mismatch funding. The title of this research is “Juridic Review On The Objective Rights Of The Buyer Of Asset-Backed Securities In Secondary Housing Financing”. The research was conducted to find out what are the material rights of asset-backed securities holders in housing secondary financing, how is the transition mechanism, what is the legal protection for asset-backed securities holders and whether national laws need to be adjusted to the concept of secondary housing finance. As for this writing, it can be concluded that the material rights attached to asset-backed securities in housing secondary financing owned by the buyer/holder of asset-backed securities include the right to receive payments, the right to transfer ownership of the asset-backed securities, the right to charge or make asset-backed securities as collateral for the settlement of debts from asset-backed securities holders, the right to obtain settlement of receivables due to mortgage rights on houses and land used as collateral for mortgages (KPR), the right to obtain disclosure of material facts, the right to obtain interest (for asset-backed securities that are debt), the right to Get Settlement of Receivables from the Issuer's Assets. Apart from that, it can also be concluded that the mechanism for the transfer of rights to the issuance of asset-backed securities in secondary housing financing generally consists of 4 phases, namely, among others, the emergence of receivables (receivables) through the distribution of housing loans, sales of receivables by original creditors to third parties. issuer, transfer of material rights in the form of receivables to investors with the issuance of asset-backed securities, transfer of asset-backed securities between one investor to another. Regarding legal protection for buyers/holders of asset-backed securities, it can be concluded that legal protection for buyers/holders of asset-backed securities in secondary mortgage financing is broadly divided into two, namely preventive legal protection and repressive legal protection. Preventive legal protection for holders of asset-backed securities in secondary housing financing lies in implementing the disclosure principle in capital market law, especially in secondary housing financing. Meanwhile, repressive legal protection for asset-backed securities holders consists of 2, namely, legal protection against unlawful acts and legal protection against default acts, both of which must go through a judicial process and cannot be carried out individually but can only be implemented by investment managers in If the asset-backed securities are in the form of securities (equity security)/unit of participation, while if the securities are debt security, the legal action must be carried out through a trustee.
Coordination System Between Financial Services Authorities And Deposit Guarantee Insittutions In Handling Failed Banks Based On Law Number 21 Year 2011 Concerning Financial Services Authorities King Richter Sinaga
Journal of Law Science Vol. 4 No. 1 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i1.1691

Abstract

The occurrence of the monetary crisis in 1997-1998 has become a very valuable lesson for the Indonesian people, especially for the government. The crisis resulted in reduced public confidence in existing banks. In order to restore public confidence in banking, the government established a government guarantee called a blanket guarantee. As the times progressed, the government guarantee was no longer effective, and then the Deposit Insurance Corporation was formed. The LPS' task is to carry out deposit insurance and actively participate in maintaining banking stability. In addition, IDIC is also tasked with handling failed banks, both with systemic and non-systemic impacts. The Financial Services Authority was established by law, namely Law Number 21 of 2011 concerning the Financial Services Authority. OJK is an institution that is independent and free from interference from other parties, which has the functions, duties and authority to regulate supervision, examination and investigation. OJK's independence will be fully effective if there is Good Corporate Governance in the financial and banking world. Because the implementation of the Good Corporate Governance system has consistently been proven to improve quality and can also become an obstacle to performance engineering activities which result in financial statements not reflecting the company's fundamental values. LPS and OJK cooperate in handling failed banks. In terms of handling failed banks, Bank Indonesia also plays a role in assisting LPS and OJK. IDIC will rescue systemic and non-systemic failed banks. For failed banks that are not systemic, the rescue does not include the old shareholders. This means that all costs incurred for the rescue will be provided by the IDIC.
Overview Of Criminology And Criminal Law Concerning The Criminal Act Of Abuse Performed By Parents Against This Bird Children (Study Of The Decision Of The State Court Tulung Agung Number 179/Pid.Sus/2012/PN. Ta) Maya Etrisna Mendrofa
Journal of Law Science Vol. 4 No. 1 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i1.1693

Abstract

The Indonesian nation is known as a nation that loves children. Turns out this is just a myth. Many cases of physical violence or cases of child abuse in their own families are not taken seriously by law enforcement. This situation causes the dark number to be high because it is not reported. Though the impact of the perpetrator tends to damage the mental even the victim is mentally retarded. This is certainly the main idea and responsibility of the government and society as observers of the nation's children who are the next generation of the nation's ideals. Why abuse among children is increasing, how does our positive law issue policies to deal with cases of violence experienced by children, and what other efforts can be taken to overcome violence experienced by children into the formulation of the problem of this thesis. The approach method used in this research is normative juridical, which is a deductive research that begins with an analysis of the articles in the laws and regulations governing thesis problems. Normative nature means legal research that aims to obtain normative knowledge about the relationship between one regulation and another and its application in practice (decision study). The factors that cause the occurrence of criminal acts of abuse or violence against children by their own parents are classified into two parts, namely internal factors and external factors. In dealing with cases of abuse experienced by children, it consists of criminal law policies such as the application of criminal sanctions and the application of legal protection for children. In addition, in tackling the crime of child abuse, there are several efforts that can be taken, namely preventive efforts, repressive efforts and reformative efforts.

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