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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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The Role Of Police Investigators In Overcoming Motor Vehicle Theft (Curanmor) In Police Area Pakpak Bharat Resort Widodo Kaban
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.v4i1.1695

Abstract

The increase in cases of motor vehicle theft cannot be avoided due to the increasing growth rate of motorized vehicles which is quite high in the Pakpak Bharat Resort Police (Polres). The Ministry of Transportation said that the growth rate of motorized vehicles was very disproportionate to the length of the existing road, that the length of the road was no longer able to accommodate the volume of motorized vehicles. The problems posed are: what is the form of the act of motor vehicle theft in Pakpak Bharat, what is the role of the police in motor vehicle theft in Pakpak Bharat and what are the obstacles and efforts faced by the police in overcoming motor vehicle theft. The results of the research and discussion explain that the forms of theft of motorized vehicles in Pakpak Bharat are carried out in various ways, namely: using fake keys, damaging motorized ignition keys, damaging four-wheeled motorized vehicle doors, pointing with firearms and pointing with sharp weapons as well as depriving and take by force by injuring the victim. The role of the National Police in motor vehicle theft in Pakpak Bharat is to conduct investigations and take action on public reports of motor vehicle theft, with details of the main tasks as follows: as law enforcers, as protectors and as community guides. Efforts that can be made by the police in overcoming motor vehicle theft are by conducting raids and patrols in places that are suspected of being prone to motor vehicle theft and socialization about the use of additional keys. The obstacle faced by the police in overcoming the theft of motor vehicles is the difficulty in identifying the perpetrators of the theft. Motor vehicle theft is currently experiencing growth and development with neat characteristics, has a kind of bureaucracy of its own, is resistant to social reactions and is able to spread a network of activities in such a way that it has a wide scope coupled with a high quality to avoid law enforcement efforts through various means.
Juridical Review Of Default In A Motorcylcle Leasing Agreement (Research Study At. PT Adira Dinamika Multifinance, Tbk) Yosphi Kaena
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.v4i1.1698

Abstract

Development in a society is seen in the development of existing institutions in that society, both in the economic, social, cultural and political fields. In line with the increasing number of National Development activities, the participation of the private sector in the implementation of development will also be increased. This situation, either directly or indirectly, will demand more active activities in the financing sector. Various efforts to raise public funds have been made through the establishment of government policies. Business expansion requires financing of funds, apart from the banking system and non-bank financial institutions that are known, there are other alternative financing systems, namely: "leasing. Basically the agreement that has been made applies as a law for the parties as stated in article 1338 of the Civil Code. However, in reality, it is not uncommon for the parties to carry out the agreement that has been made, which is known as "default". Such is the case in the leasing agreement. The occurrence of congestion in the payment system, violations of the provisions in the leasing contract such as sub-leasing, pledging goods that are the object of the lease or selling the goods with the aim of breaking away from rental payments are examples of forms of default committed by the lessee. This is what ultimately causes execution by the lessor of the leasing object.
Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations Syaravina Lubis
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.v4i1.1699

Abstract

The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
Juridical Review of the Crime of Taking Women Run Nurnashriady Jufri
Journal of Law Science Vol. 4 No. 2 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i2.2224

Abstract

This study aims to determine the application of material criminal law provisions for the crime of taking women away in the Unaaha District Court Decision Number 14/Pid.B/2011?PN.Unh and knowing the legal considerations in imposing criminal sanctions on the perpetrators of the crime of taking women away in the decision. Unaaha District Court Number 14/Pid.B/2011?PN.Unh, which was implementedat the Unaaha District Court. The data collection method used was the library method and the interview method, then the data obtained were analyzed qualitatively.
Criminal Liability Against Recidivists Abroad Who Recommit Crimes Theft in Indonesia Dimas Aditya Nugraha
Journal of Law Science Vol. 4 No. 2 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i2.2227

Abstract

The theft of broken glass that occurred in the Province of the Bangka Belitung Islands, precisely in Tempilang Bangka Barat, Pal 9 Merawang, Bangka Regency and in front of My Snack Pangkalpinang City. Suspect E was convicted as a recidivist in Singapore. The purpose of this study is to determine the recidivist arrangements between the State of Indonesia and the State of Singapore and to determine the criminal liability of foreign recidivist Indonesian citizens who commit the crime of theft in Indonesia. The research method used is normative juridical with a statutory approach, a case approach and a comparative approach. The results of this study are that the recidivist arrangement in Indonesia is regulated in the general resident Article 486 of the Criminal Code, the punishment is plus 1/3 (one third) of the maximum criminal threat.
The Role of Legal Aid Institutions in Providing Legal Aid to Women as Victims of Sexual Violence Anita Damayanti
Journal of Law Science Vol. 4 No. 2 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i2.2228

Abstract

The purpose of this research is to know the legal aid effort given by LBH APIK to victims of sexual violence and obstacles faced by LBH APIK in providing legal assistance to women victims of sexual violence. This research is a field research, the data collected by the method of interview to the parties related to the research topic. In addition, the authors also conduct literature research through related data and books related to research topics. Furthermore, the data are analyzed qualitatively and presented descriptively. The results showed that: 1) Legal standing of Legal Assistance Association of Indonesian Women Association for Justice as known as LBH APIK in providing legal assistance to women victims of violence is based on Law Number 16 in Year 2011 about Legal Assistance, Law Number 18 in Year 2003 concerning Advocates and Standard Operating Procedures as known as SOP. The role in providing legal assistance to women as victims is litigation and non-litigation. Litigation is a process of assistance from the beginning of handling cases to verdicts in court, non-litigation is a process outside the court that is until the mediation step. In addition, LBH APIK performs other legal reinforcements such as legal counseling and legal seminars conducted in the region of Makassar. 2) The Obstacles faced by LBH APIK in handling the case is the victim who is reluctant to tell his case as well as the police who assume that if there is sexual violence in women it is on the basis of mutual desire factor not because of coercion factor.
Juridical Overview of the Process of Proving Crimes Committed by Children according to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (Case Study Decision Number: 9/Pid.Sus- Anak/2019/Pn.Slw) Dita Mujiaka
Journal of Law Science Vol. 4 No. 2 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i2.2229

Abstract

This study aims to determine the process of proving a crime if the perpetrator is a child according to Law no. 11 of 2012 concerning the Juvenile Criminal Justice System and the obstacles faced in the process of proving criminal acts committed by children. This research was conducted in Tegal, namely the Tegal District Court, the Slawi District Attorney and the Tegal Police, the authors conducted interviews with 1 (one) prosecutor, 1 (one) judge and 1 (one) police investigator, as well as other data obtained through the relevant literature, namely literature, documents and laws and regulations relating to the problem. The data obtained were then processed and analyzed qualitatively-descriptively. Based on the results of research and discussion, the process of proving a crime in a child case is different from proving a general crime (a criminal case for adults). The process of proving a child's crime is regulated in Law no. 11 of 2012 concerning the Juvenile Criminal Justice System starting from the process of investigation, arrest and detention, prosecution to examination in court. In terms of evidence in proving cases of child crimes, it is not specifically regulated in the SPPA Law, therefore it still refers to the Criminal Procedure Code (KUHAP) Article 184. The absence of guidelines for the implementation of diversion practices for law enforcement officers causes the implementation diversion varies depending on the understanding of law enforcement officers and the lack of understanding in the application of the SPPA Law by law enforcement officers.
Criminal Acts of Sexual Violence Against Biological Children (Case Study at the PPA Unit of the East Lombok Police Criminal Investigation Unit) Erna Susiawati
Journal of Law Science Vol. 4 No. 2 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i2.2230

Abstract

This study aims to determine the extent of protection provided to children as victims of sexual violence by their families or biological fathers in East Lombok Regency. The analysis that the author does is based on empirical research, seeing how the law actually works in society with an approach to researching the laws and regulations that are used as the basis for legal provisions to analyze this research is empirical legal research that is prescriptive and technical or applied. The research approach uses a law approach and a case approach. The type of research data is secondary data with primary legal materials and secondary legal materials. Data collection techniques in the form of library research and data analysis techniques used are deductive in nature with the syllogistic method. Based on the research, it can be seen that the protection for children as victims of sexual violence by biological fathers has not been maximized as mandated in the Law of the Republic of Indonesia no. 35 of 2014 concerning amendments to Law no. 23 of 2002 concerning child protection. Children who are accompanied by their families tend to be reluctant or refuse the existence of a judicial process for the crimes they have experienced.
Settlement of Violations of the Professional Code of Conduct of the West Java Regional Police in Connection With Regulations of The Head of The State Police of The Republic of Indonesia Sufmi Dasco Ahmad
Journal of Law Science Vol. 4 No. 2 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of writing this thesis is to find out the resolution of violations of the West Java Regional Police Professional Code of Ethics based on the Regulation of the Chief of the Indonesian National Police Number 14 of 2011 concerning the Code of Ethics. Police Profession, and to find out the application of sanctions for violating the Police Code of Ethics Based on the Regulation of the Chief of the Police of the Republic of Indonesia Number 14 of 2011 concerning the Code of Ethics of the Police Profession. The approach method used in this study is a normative juridical approach, namely legal research carried out by examining library materials or secondary data as the basic material to be studied by conducting a search on regulations and literature related to the problems studied. The results of the study illustrate that the resolution of violations of the Police Professional Code of Ethics is carried out if there are reports or complaints submitted by the public, members of the National Police or other sources that can be accounted for, which are submitted to the Propam function bearers at every level of the Polri organization, then a preliminary examination is carried out, a trial is carried out to examine members of the National Police who are suspected of violating the Police Professional Code of Ethics for a final decision, and if it is proven that there has been a violation of the Police Code of Ethics, sanctions will be imposed. The sanctions for violations of the Police Professional Code of Ethics are regulated in Article 21 of the Regulation of the Head of the State Police of the Republic of Indonesia Number 14 of 2011 concerning the Professional Code of Ethics of the Republic of Indonesia Police, that for Police Members who are found to have violated the Police Professional Code of Ethics will be subject to sanctions in the form of disciplinary action and/or or disciplinary punishment, administrative sanctions or dishonorable discharge (PTDH) as members of the National Police.
Examination of The Legal Regime for Combatting Trafficking in Persons in Nigeria Kingsley Osinachi N. Onu
Journal of Law Science Vol. 4 No. 3 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i3.2552

Abstract

Human trafficking is one of the biggest challenges of the 21st Century. The Sub Saharan Africa seems to be the center point of this global epidemic. Nigeria is an origin, transit and destination point for global trafficking in persons. This paper uses a doctrinal research approach to examine the legal regime for combatting trafficking in persons in Nigeria and argues that Nigeria must be more proactive in its fight against human trafficking. This paper finds that poverty, weak legal system, armed conflicts, climate change, family imbalance and greed among other factors, contribute to trafficking in persons. This paper finds that there exist a plethora of legislations on human trafficking in Nigeria, such as the Constitution of the Federal Republic of Nigeria 1999, as amended in 2018; Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2015; the Immigration Act 2015; the Criminal and Penal Code Acts; the Child’s Right Act and the African Charter. This paper finds that these extant legal frameworks in Nigeria are frost with several lacunas that will hamper and ultimately defeat the fight against human trafficking. The paper therefore makes suggestions on how to remedy the observed lacuna. The paper concludes by stating that the fight against human trafficking must be a collective effort by all. Human rights are not safe anywhere until all persons have enough of the same everywhere.

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