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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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An Historical Appraisal of the EU-ACP Trade Relations: Blessing or Curse? 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.v4i3.2553

Abstract

There is a maxim that no man is an island. The above proclamation stands valid for country states additionally, as no country has ever effectively created with shut fringes. This demonstrates the certainty of exchange relations among countries. The Europe and the Africa, Caribbean and the Pacific (ACP) have been trading ever before the advent of slave trade up to date; and are strong trade allies up to date. It is a relationship that initially begun on the premise of business associations between early European wayfarers and indigenous anglers most particularly in the seaside regions of the Delta. This article examines these trade relations from pre-colonial period up to the extant Economic Partnership Agreement of 2007 that is being negotiated.  This article finds that it was the pre-colonial trade relations that enjoyed parity between the two parties, however, the affairs changed during the slave trade era when the trade changed from the products to the producers. This article further finds that ACP did not profit much from the subsequent agreements; this finding is hinged on the fact that after the seven centuries of the EU-ACP trade association, 39 out of the 70 ACP states remain among the Less Developed Countries. This article also finds that this poor performance can be attributed to both internal and external factors. This article advocates for a paradigm shift from the status quo to a regime where reciprocity should be based on achievement of human centered socio-economic indicators in ACP States. It further recommends the adoption of AU proposal for Common and Enhanced Trade Preference System (CETPS).
Government Policy in Providing Income Tax Facilities to Investment Companies Based on Government Regulation (PP) No. 62 Year 2008 Puput Dini Lestari; Budiman Ginting; Mahmul Siregar
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.v4i3.2756

Abstract

Investment facilities are provided taking into account the level of economic competitiveness and state financial conditions and must be promotive compared to facilities provided by other countries. Investment will only increase if a conducive and healthy investment climate is created and Indonesia's competitiveness is increased as an investment destination. For this reason, the government needs to issue an important policy for the country in facing the global financial crisis that is happening today in the form of providing tax incentives, especially income taxes for investment activities, where the policy is expected to strengthen Indonesia's position in facing the global financial crisis. The formulation of the problem in this thesis is a study of income tax based on Law no. 36 of 2008, policies on tax facilities in investment in order to encourage the creation of a conducive national business climate and can accelerate the increase in investment, as well as provisions for income tax facilities based on Government Regulation (PP) no. 62 of 2008 and the effect of government policies on income tax facilities on the Indonesian economy. The research method used is a normative legal research method. The normative legal research method is a research conducted by collecting data through library research. The written sources or materials used in the writing of this thesis are books, newspapers, and internet searches. Changes in income tax provisions in Law no. 36 of 2008 especially in terms of reducing the income tax rate on taxable income aimed at creating a competitive investment climate in Indonesia. Policy on tax facilities in investment to encourage the creation of a conducive investment climate to strengthen the competitiveness of the national economy. Provision of income tax facilities for investment as regulated in Government Regulation no. 62 of 2008 can stimulate investment that can encourage quality economic growth by absorbing a lot of workers.
Juridical Review of the Legalization of the Deed of Establishment of a Limited Liability Company on-Line through the Sisminbakum Emmy Butarbutar
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.v4i3.2758

Abstract

Limited Liability Company (PT) is a form of legal entity in Indonesia. A company obtains the status of a legal entity after the deed of establishment is approved by the Minister of Law and Human Rights. To obtain the legalization of a legal entity, a notary as the power of attorney submits an application for legalization of the establishment of a PT through information technology services for the Legal Entity Administration System (Sisminbakum) electronically to the Minister of Law and Human Rights by filling out the Model I Form. The online legal entity legalization service through Sisminbakum is an issue new in Law no. 40 of 2007 concerning Limited Liability Companies, but in reality the Sisminbakum has been in effect since 2001, while UUPT No 1 of 1995 does not regulate the process of ratifying the deed of establishment of a PT whether it is done manually or electronically. The problem in this thesis is regarding the procedure for establishing a PT based on UUPT No 40 of 2007, the legal basis for the ratification of the deed of establishment of a PT online through Sisminbakum, the procedure for ratifying the deed of establishment of a PT online and the legal certainty of the SK legalization of the legal entity PT which is signed electronically. Sisminbakum is an official website which is a computerized system in ratifying the establishment of a legal entity owned by the Directorate General of General Legal Administration (Dirjen AHU). The application for legalization of the company's deed of establishment is submitted by a notary through the Sisminbakum by filling out the Model I Form I (FIAN I). The steps that must be taken in the FIAN I application through this Sisminbakum are: checking the name, then filling out the Pre FIAN I Supporting Documents (FIAN I Prerequisites) then filling in the data in the FIAN I process then correcting and ending the sending of Physical Documents. If the physical documents are complete and meet the requirements, the Decree will be signed electronically by the Minister of Law and Human Rights and then sent to the notary who requests it. The decision letter for ratification of this PT has strong legal force
Liability Of A Doctor Who Perform A Malpractice (A Review Under Health Law) Benny L.H Hutahaean
Journal of Law Science Vol. 4 No. 3 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The problems that will be discussed by the author in the writing of this thesis are: What are the limitations that can be used to determine that a doctor has committed medical malpractice on a patient; What actions or legal remedies can a patient or his family take if he is exposed to medical malpractice; What sanctions can be imposed on doctors who commit medical malpractice as a form of responsibility of doctors to their patients. The type of research used in this paper is a normative juridical research, namely research conducted on written regulations governing health law and legal materials related to medical malpractice. In discussing medical malpractice involving two different disciplines, namely medical science and health science, this paper will use the "medicolegal approach" which is a way of approaching medical problems through law. Medical malpractice is every action of a doctor (whether intentionally or unintentionally such as negligence, negligence) in carrying out a medical practice, which is not in accordance with medical ethics, medical professional standards, applicable laws and regulations so as to cause harm to the patient such as pain, injury, disability, death and other loss; and for his actions, the doctor must be responsible under administrative law and/or civil law and/or criminal law. Legal remedies that can be taken by patients (or their families) who experience medical malpractice actions consist of: Complaining to MKDKI; suing the doctor; Through the Criminal Court. Doctors who commit medical malpractice may be subject to sanctions based on administrative law and/or civil law and/or as a form of legal liability.
Challenges and Opportunities Implemented in Preventing Corruption Criminal Actions Mohd. Yusuf DM; Geofani Milthree Saragih
Journal of Law Science Vol. 4 No. 4 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

In the field of education, people are currently faced with formal and informal education such as anti-corruption which is integrated into basic education to higher education. sometimes, sanctions or punishments have no fundamental effect on the harm and are only temporary. Referring to China, although corruptors are shot dead by cruel executions, the corruption rate continues to increase. The main issue discussed in this study is whether corruption prevention is better than punishment and corruption prevention strategies. This type of research is legal research whose research is based on secondary data. Research sources are taken from reference books, laws, expert opinions, and all supporting resources in carrying out legal research. In conclusion, corruption is a despicable and vile behavior that stems from low morality and a person's lack of shame. Corruptors have done everything possible for themselves or others; shows that corruption can be classified as an extraordinary crime. To prevent corruption, government officials and officials must have a strong will to fight moral greed.
The Role of the Vice President in the Republic of Indonesia's Administrative System (Post Amendment to the 1945 Constitution) Trio Handoyo; Saefudin
Journal of Law Science Vol. 4 No. 4 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The purpose of this study was to find out and analyze the role of the Vice President in the state administration of the Republic of Indonesia after the amendments to the 1945 Constitution. The data collection method used in this study was a literature study. The approach method used in this study is a normative juridical approach, namely research based on data obtained from laws and regulations. The data analysis method used is descriptive qualitative. The results of the research are as follows: (1) in the 1945 Constitution before the amendment, the role of the Vice President could be considered as a "spare tire", which functions as a substitute if the President is unable to, as stipulated in Article 4 paragraph (2) which reads: "In carrying out his obligations the President is assisted by a Vice President" and strengthened in Article 8 of the 1945 Constitution which reads: "if the President dies, stops, or is unable to carry out his obligations during his term of office, he is replaced by the Vice President until his term expires", as well as Deputy The President as the 'representative' who represents the President carries out presidential duties in matters delegated to him by the President; (2) the role of the Vice President after the amendments to the 1945 Constitution remained unchanged, because Article 4 of the 1945 Constitution did not undergo changes, while a fundamental change occurred in the election of the President and Vice President, namely in Article 6A paragraph (1), which reads "President and Deputy The president is elected in a pair directly by the people” and Article 7 of the 1945 Constitution (First Amendment) reads: "The President and Vice President hold office for five years, and after that they can be re-elected in the same position, only for one term of office". Regarding the dismissal of the President, it became clearer after the addition of Article 7A. if the President is dismissed due to proven criminal elements as contained in Article 7A, then the Vice President will replace the President's position and be sworn in as President in accordance with Article 8 paragraph (1) of the 1945 Constitution (Third Amendment); and (3) The functions, duties and powers of the vice president are highly dependent on the wishes of the president and the performance of the vice president depends on the ability and willingness of the person concerned, not because of standard and clear rules.
Implementation of Piercing The Corporate Veil By Shareholders in Limited Liability Companies Aditya Indra Renaldi; Ridwan Khairandy; Bagya Agung Prabowo
Journal of Law Science Vol. 4 No. 4 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

This study aims to obtain data and information or information for: Knowing the Implementation of Piercing The Corporate Veil by Shareholders in Limited Liability Company law, Knowing the implementation of Piercing The Corporate Veil by holders share. The approach used in writing this thesis is a normative juridical approach. This means reviewing statutory provisions while still addressing existing problems as well as researching their implementation in practice. only as a tool used by shareholders to fulfill their personal goals, usually these illegal acts are carried out by majority shareholders who do not have good intentions. If a shareholder commits an unlawful or fraudulent act on behalf of the company, he must be responsible for his personal wealth, and this is detrimental to shareholders and stakeholders. Recognition of this principle is something that is generally accepted in any legal system, in the Indonesian legal system it is expressly recognized by UUPT Number 1 of 1995, through Article 3 paragraph (1). 2. Piercing the Corporate Veil by shareholders can be enforced as stated in Article 3 paragraph (2) which states that if there is a mixing of the shareholder's personal assets with the company's assets, then the limited liability will be abolished. The holder of 101 shares is not only responsible for the capital deposited in the company, but must bear the risk to personal assets, if the company suffers a loss, then the responsibility becomes unlimited or no longer a legal act of PT.
Independence of the National Police Commission According to Presidential Regulation No. 17 of 2005 M Arief Bona A; Syaifuddin
Journal of Law Science Vol. 4 No. 4 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The purpose of this study is to determine the implementation of the duties and functions of the police commission according to Presidential Regulation No. 17 of 2005 concerning the National Police Commission, to determine the independence of the National Police Commission, to determine the factors that support or hinder the independence of the Police Commission. The approach used is a normative and sociological juridical approach. The normative juridical approach is the process of analyzing the problem from the point of view/according to the applicable laws/statutory provisions. The sociological approach, namely by looking at aspects of social dynamics that are developing and always changing in society, and in the administration of the state. Kompolnas independence is not mentioned in writing in Law Number 2 of 2002 concerning the Indonesian National Police and Presidential Regulation Number 17 of 2005 concerning Kompolnas, however when viewed from hierarchical relationships, recruitment patterns, performance and accountability, Kompolnas is still relevant for referred to as an independent institution in carrying out its duties and functions. Various factors that support the independence of Kompolnas such as the Organizational Principles and Kompolnas Regulations, the composition of Kompolnas members and also the Kompolnas decision-making system further strengthen the independence of Kompolnas which can then cover for weaknesses which become factors inhibiting Kompolnas independence such as Normative Factors, Appointment and Dismissal of Kompolnas members, and Kompolnas Secretariat.
Implementation of Village Administration in Minomartani Village, Ngaglik District According to Regional Regulation No. 2 of 2007 Sleman Yogyakarta Regency concerning Guidelines for the Organizational Structure and Working Procedures of the Village Government Harry Ismaryadi; Ni’matul Huda
Journal of Law Science Vol. 4 No. 4 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The purpose of this study was to determine the implementation of village autonomy in Minomartani Village based on Regional Regulation (Perda) Number 2 of 2007 concerning Guidelines for the Organizational Structure and Work Procedure of the Village Government and the constraints faced in implementing this village autonomy. The type of research conducted in this thesis includes qualitative descriptive research, namely research that aims to describe the process of administering government in Minomartani Village and the constraints faced by the government. And analyzed based on the opinions of experts, applicable laws and regulations and other legal theories. In this case the author uses a Juridical Sociological approach, namely besides researching from a juridical aspect, the author also goes directly to the field to collect and examine data and concrete facts obtained from the research field. From the results of the study it can be concluded that the work procedures for implementing the implementation of Minomartani Village have not fully carried out their performance to the fullest, both in terms of service as village administration apparatus and in fulfilling the aspirations of the community so that efforts to improve it should be made, especially from the human resources of the village apparatus.
Juridical study of the criminal act of defamation article 310 paragraph (1) of the Indonesian criminal law code (KUHP) Muhamad yanto
Journal of Law Science Vol. 5 No. 1 (2023): January, Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i1.249

Abstract

The object of research as well as a problem in this research is the provision of criminal acts under Indonesian positive criminal law (KUHP), as well as the basis for judges deciding probation sentences against perpetrators of criminal offenses of Article 310 paragraph (1) of the Criminal Code.. Acts that offend honor in this sexual field do not include crime, decency or morality crimes referred to in Article 281 to Article 303 of the Criminal Code. The provisions of the defamation are stipulated in Chapter XVI concerning Insults, Book I specifically Articles 310, 311, 315, 317 and Article 318 of the Criminal Code. In addition to those stipulated in the Criminal Code, matters relating to "Defamation" are also regulated in Law Number 11 of 2008 concerning information and electronic transactions. therefore, on the basis of judicial legal considerations with this conditional criminal verdict, I am not in agreement because the defendant has been proven to violate the principle of legality and there is an element of error, defaming the victim witness. In addition, in my view, the Criminal Code is more likely to protect the rights of defendants than a sense of justice for victims of criminal acts. In examining and adjudicating cases of defamation (blasphemous crimes), the judge needs to consider the situation of the victim witness, with the aim of protecting the dignity and honor of the victim, so that the verdicts are met with a sense of justice. Although, giving a verdict is the authority of a judge, it must also consider the prosecutor's demands, also consider the main elements in the teachings of criminal liability,

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