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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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Application of the Principle of Appropriateness in a Peer to Peer Lending Contract Debora Debora; Haposan Siallagan; Michelle Lukcy Magdelene
Journal of Law Science Vol. 5 No. 3 (2023): July: Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

In implementing P2PL, an agreement is an important tool that binds the legal relations of the parties and evidence of the existence of a transaction. The contents of an agreement cannot be separated from the Appropriateness principle. The P2PL organizer is not responsible for the risk of default. Failure to fulfill the principle of decency in the P2PL agreement results in no justice being realized, because certain parties are harmed. This study discusses the standard contracts in P2PL agreements and the application of the principle of appropriateness in P2PL agreements as an effort to fulfill justice. Based on the research results, the type of contract used in P2PL is a standard contract which tends to show an imbalance in the rights and obligations of the parties. The benchmark for the principle of Appropriateness contained in Article 1339 of the Civil Code can be determined from a sense of justice. Adequacy requirements originate from laws and regulations which can be realized by balancing the positions of the parties. In forming laws and regulations, it must be able to accommodate the interests of all parties. If there is a dispute related to the implementation of the agreement, the law enforcer must Appropriateness principle of justice compared to agreements made on the basis of mere freedom of contract. P2PL organizers without collateral clearly do not provide good protection to lenders. The consequence of the unsecured loan system is high interest rates. Billing mechanisms often result in defamation.
Law enforcement of the abuse of subsided fuel based on law number 22 of 2001 concerning oil and natural gas Imam Subiyanto
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4114

Abstract

Misuse of subsidized fuel is an illegal act that can harm others. The research objective is to analyze law enforcement strategies against the abuse of subsidized fuel based on Law Number 22 of 2001 concerning Oil and Gas. This research is normative legal research with a case approach. The misuse of subsidized fuel based on Law Number 22 of 2001 concerning Oil and Gas is carried out in a preventive and repressive manner referring to Article 53 and Article 55 of Law Number 22 of 2001 concerning Oil and Gas. The police as investigators in cases of criminal acts of misuse of subsidized fuel take steps including receiving reports/complaints; Report Development (BAP Making); Summoning Witnesses and Evidence; Examination of Suspects; and Delegation of the suspect's case files and evidence to the Attorney General's Office and the Court as regulated in the Criminal Procedure Code.
Juridical analysis of criminal law enforcement of documenters of household violence Tatang
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4115

Abstract

Domestic violence is classified as a special crime, and is the most common case of violence in Indonesia. The focus of the problem in this study is the enforcement of criminal law against perpetrators of domestic violence based on Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The type used is normative juridical research with a statutory approach to further study the legal basis that causes disparities in sentencing of perpetrators of crimes in cases of domestic violence. Law enforcement against criminalizing perpetrators of domestic violence refers to the provisions in Law Number 23 of 2004 concerning the Elimination of Domestic Violence. In fact, law enforcement for criminalizing perpetrators of domestic violence has not been implemented properly, which has resulted in more cases of domestic violence being resolved through mediation. In addition, the disparity in sentencing that occurs is also the cause of the increase in the number of cases of domestic violence, so that the application of sanctions that provide certainty and justice is very important in order to fortify families from all forms of domestic violence
Criminal acts of manipulation of electronic information in order to get free fashion on online transactions Jusnizar Sinaga; Jinner Sidauruk; Sonya Batubara
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

Mobile phone is a technology used to facilitate human work, and over time the mobile phone has many functions that ultimately led to many social changes in society that change their behavior in interacting with other humans and continue to spread to other parts of human life, so that there are new norms, new values, and so on. As for the problems in this study is the conviction and consideration of the judge in passing a verdict against the perpetrators of manipulation of electronic information in order to get free fashion on electronic transactions study Decision No.6/Pid.Sus/2021 / PN.BDG. The type of research used in this study is normative juridical research, namely research used by analyzing library materials, one of which is Decision No.6/Pid.Sus/2021 / PN.BDG. It can be concluded that Vinna and her sister Vivie make online transactions by buying fashion (clothing) from the “Giordano online store” by way of payment using proof of transaction that has been edited using the adope photoshop application so that it is as if the proof of transfer used is original, then based on the facts of the trial obtained from the testimony of, the information of the defendants and the evidence submitted in the trial then the action is proven to violate the provisions of Article 51 juncto Article 35 of the law of the Republic of Indonesia number 19 of 2016 concerning amendments to the law of the Republic of Indonesia number 11 of 2008 concerning information and Electronic Transactions juncto Article 64 paragraph 1 of the Criminal Code juncto Article 55 paragraph 1 to-1 of the criminal code so that it can be convicted.
Reconstruction of immigration supervision in realizing national security: orientation and formulation Gusnud Defani
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4169

Abstract

Immigration supervision is a crucial element in maintaining the national security of a country. In the context of globalization and increasing human mobility, Indonesia, as an archipelagic nation with thousands of islands and ports, faces complex challenges related to immigration control. These challenges include the rising number of illegal immigrants, human trafficking, and terrorist threats associated with human mobility. Therefore, this research aims to reconstruct immigration supervision with a focus on achieving national security. The research method used is normative legal research with a legislative approach. This study analyzes relevant regulations in the context of immigration supervision and national security in Indonesia. Data is obtained through document analysis and analyzed qualitatively. The research findings indicate that the current policy orientation of immigration supervision in Indonesia has potential weaknesses such as human rights violations, misalignment with social and economic developments, and a lack of effectiveness in preventing illegal foreign movements. Proposed alternative policy formulations include strengthening international cooperation, developing advanced technology, refining immigration regulations, enhancing immigration officer training, and fostering collaboration among relevant agencies. However, the implementation of these policies also faces several challenges, such as budgetary constraints, inter-agency coordination, human rights protection, international agreements, and continuous education and training. Therefore, strong government commitment, adequate financial support, and a balanced approach to achieving the equilibrium between national security and democratic values and human rights are essential. Thus, Indonesia can continue to advance as a secure and stable nation in the face of evolving global challenges.
PPAT'S responsibility for deeds of sale and purchase made in his presence (Study of PPAT in Kupang City) Jonneri Bukit; Rizky Tuahta Cristian Bukit
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

This research aims to describe the process of the birth of a sale-purchase deed, and find out how the responsibility of a Land Deed Official (PPAT). The research method used in this research is empirical normative research, with primary and secondary data types. The results show that the responsibility of PPAT in making land sale and purchase deeds regarding the form and procedure for making PPAT deeds is not only regulated in Government Regulation of the Republic of Indonesia Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning PJPPAT Articles 21-24 but also in Government Regulation No. 24 of 1997 concerning Land Registration which regulates this matter is confirmed in Article 38 paragraph (2) which determines "The form, content and method of making PPAT deeds are regulated by the Minister" (Minister of State Secretary). Before making a deed of sale and purchase of land rights, PPAT must first conduct an inspection at the local Land Office to find out the suitability of the certificate of land rights concerned with the existing registers at the Land Office by showing the original certificate to the Land Office officer. This examination needs to be done in order to avoid buying and selling land against fake certificates or double certificates or original but fake certificates (Asphalt). This is to avoid fraud in land transactions where it turns out that what is sold does not belong to the rightful seller.
Village government innovation towards smart villages for smart services study in Bintangsari village, Cipanas sub-districk, Lebak districk Eli Apud Saepudin; Rizki Amilia; Ita Rosita Wahyiah
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4268

Abstract

The village is the smallest government after the sub-district where the village is part of the government that cannot be separated by the community as the main actor in receiving public services. Villages are the joints of the people's economy that support the regional economy and the national economy, one of the village products that can support the regional economy and the national economy at the same time is the staple food products of the smart village for smart services program which aims to increase the productivity of rural communities accompanied by an increase in annual income, supporting national food self-sufficiency, supporting the fulfillment of TKDN, supporting regional and national economies through village administration and management systems, public services for village communities transparency and village information, village financial governance (Bumdes Bersama, Village Market) E-Commerce which is a breakthrough from smart villages for smart services to become a Pilot Village in Indonesia. To realize smart villages and the best services, there needs to be synergy between village officials and local communities so that smart villages can be realized well when collaborating with each other to create excellent services.
A critique and solution of justice, certainty, and usefulness in law enforcement in Indonesia Muhamad Romdoni; Mawarni Fatma; Rizki Nurdiansyah; Suyanto Suyanto; Arief Fahmi Lubis
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4269

Abstract

In Indonesia, law enforcement agencies do not collaborate to achieve justice. Due to the legal institution's position and status, the Supreme Court is responsible for adjudicating and deciding cases, while the executive is responsible for investigating and adjudicating. Consequently, instead of striving to uphold the law in the public interest, they typically prioritize the interests of their respective institutions. Therefore, the purpose of this study is to determine if law enforcement and judicial justice can bring harmony to those seeking justice. This study aims to provide answers through the use of juridico-philosophical methods and literature studies by conducting theoretical studies of theories of justice and their relationship to the implementation of law enforcement within the judiciary. The findings indicate that power and other powers continue to influence the judicial system as an institution whose independence in upholding law and justice is guaranteed, particularly the influence of executive power and political power. In addition, the court's function as a law enforcement agency is not entirely autonomous, so the court's primary responsibility is to promote peace and justice in society. Therefore, in order to promote a sense of tranquility among justice advocates, it is necessary to strengthen the justice system, which is their final sanctuary.
Juridical analysis of traffic accident resolution using restorative justice at the Serang City Police Station Asnawi Asnawi; Pratiwi Aprilia Rahmawati; Aris Setyanto Pramono; Ayang Fristia Maulana
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4282

Abstract

Most Indonesian people use transportation, accidents often occur on the highway, there is a lack of public awareness of traffic, which results in accidents. The public must understand and obey traffic regulations properly. This research aims to analyze or examine the legal norms and regulations of restorative justice at the Serang City Police in completing deliberations between traffic accident victims, to examine the obstacles to implementing restorative justice in traffic accident cases. In this research, which I carried out directly, I used an empirical juridical research approach, namely taking data sources using a direct approach using observations and interviews at the Serang City Police Station. and uses primary data sourced from statutory regulations, as well as data from secondary legal materials including other expert opinions, journals of several expert opinions, and tertiary legal materials. Restorative justice is the implementation of a deliberative settlement outside of court. In resolving a traffic accident case that caused serious injuries at the Serang City Police, the perpetrator wanted to resolve it peacefully, through deliberation by providing guarantees to the victim with the aim of restoring the situation. The conclusion of this research is the implementation of restorative justice at the Serang City Police by means of a deliberative settlement outside of court between the perpetrator and the victim or the victim's family so that the perpetrator provides guarantees to restore the victim.
Analysis of the border trade agreement (BTA) between Indonesia and Malaysia after renewal Agrifin Lokovettor; Hengki; Jennifer Putri; Rian Anwar
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

Indonesia has done a variety of bilateral agreement with Malaysia. An agreement consists of several types such as bilateral and multilateral agreements. Bilateral agreements such as Indonesia and Malaysia on Border Trade Agreement (BTA). Even though sometimes a tension between the state on the boundary, then it needs an update on those agreements, seeing that the need of society and state, change on mechanism on the effort to increase the supervision on the implementation of the BTA. This research uses normative research methods, which attempting to examine the regulations between Indonesia and Malaysia which in this case on Border Trade Agreement. Through studying the regulations or agreements, the author examines the existence and implementation of BTA during the enactment of the bilateral agreement between Indonesia and Malaysia to increase the cooperation on the Economy sector. The implementation of this agreement which is not properly implemented. This can be seen from the cases which ever done such as drugs smuggling. The government of states were focused only on the economic sector while the security sector is still abandoned, therefore there’s several cases of smuggling which made the BTA cannot be implemented properly. To solve the problems which occurs severely on the border area, it could be done through adding a patrol point which in line with the border area topography which is hoped to encourage the supervise of the area could done optimally and create an institution which also could help the Indonesia State Army on supervise the cross-border areas.

Page 9 of 26 | Total Record : 251

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