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INDONESIA
LEGAL BRIEF
Published by Ihsa Institute
ISSN : 1979522X     EISSN : 27224643     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This publication contains scientific writings within the scope of business law from experts, academics, and practitioners. The writings are published after going through a review of bestari partners and editing by the editorial board without changing the substance of the subject matter. The writing in this publication is entirely the opinion and personal responsibility of the author and cannot be interpreted as reflecting the opinion of the Publisher. LEGAL BRIEF, an open-access journal, is blind peer-reviewed and published May and November every year. The journal accepts contributions in English/Indonesia (Preferably in English). LEGAL BRIEF is providing scholars with the best, in theory, research, and methodology as well as providing a platform to professionals and academics to share their ideas, knowledge and findings. The main objective of this journal is to provide a channel for the publication of articles based on original research as well as commentaries on a range of areas including legal issues related to law. LEGAL BRIEF publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes, and book reviews.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 10 No. 1 (2020): Law Science and Field" : 6 Documents clear
Police Description In The Investigation of Criminal Narcotics (study at the north Sumatera National Narcotics Agency) Agung Anugrah Lubis; Syafruddin Kalo; Madiasa Ablisar; Sunarmi Sunarmi
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

Discretion is interpreted as “freedom and/or authority in making decisions to take actions that are considered appropriate or in accordance with the situations and conditions faced wisely and with due regard to all possible considerations and options. This research is a type of empirical normative legal research and the nature of the research used is descriptive-analytical. The data used are primary data and secondary data. The discretion of the police against narcotics crime at the investigation level is regulated in Article 18 paragraph (1) and Article 16 paragraph (1) letter 1 and paragraph (2) of the Police Law. The discretionary power of the police cannot be separated from several factors, namely internal and external factors. The legal consequences of discretionary actions by investigators of narcotics crimes are resolved through general courts.
WTO in the Arena of the Indonesian Industrial Revolution 4.0: A Strategy to Improve the Quality of Indonesian Human Resources Through International Trade Tiara Almira Raila; Jeremias Palito
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

The industrial revolution is a necessity. The real obstacle faced by Indonesia as a developing country in entering the industrial revolution 4.0 is the problem of the quality of human resources (HR), energy, infrastructure which includes transportation, facilities and infrastructure, technology and information. Therefore, as a form of commitment to the industrial revolution 4.0, Indonesia as a country and the WTO as an international organization must truly implement an optimal trade and development mechanism for the creation of a healthy climate of economic globalization. In addition to support through the economic strategy in the industrial revolution 4.0, the WTO is also committed to improve the quality of HR in its member countries. Improving the quality of human resources in the industrial Revolution 4.0 is crucial. In Indonesia, a link and match program between the education sector and the industrial sector have helped a lot in increasing the quality of human resources.
Intolerance against the Right to Freedom of Religion and Belief in the Termination of the Piodalan Ritual in Bantul Regency Jeremias Palito; Tiara Almira Raila; Tasya Nafiisah
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

Every human being in the world has Human Rights. One of them is the right to freedom of religion and belief. This right has been included in the International Covenant on Political and Civil Right, and in the 1945 Constitution, considering that Indonesia is a religious state. Indonesian people are allowed to embrace their respective religions. However, in 2019, cases of intolerance towards certain religious groups still occurred. The Piodalan ritual that was followed by Hindus and Buddhists in Bantul Regency was dismissed by local residents because it was considered worrying. The ritual had to be carried out at the house of one of the residents, because the Hindu houses of worship in Bantul Regency were still very minimal. In this article, we will discuss the provisions for the establishment of places of worship in Indonesia as well as the conceptions of human rights arrangements in Indonesia and in the context of international law. Method used in this paper is library research. This research shows that Bantul Regency lacks house of worship and there have been several intolerance cases happened in the past. In Indonesia, the enforcement of the right to freedom of religion and belief is still weak, even though there are already several legal instruments, including the 1945 Constitution, the Human Rights Law, and even international instruments, such as the UDHR and ICCPR which has been ratified by Indonesia.
Intellectual Property Regimes to Protect Computer Software: Indonesia and the United States Denindah Olivia
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

The national’s legal framework consists of separated regimes on protecting Intellectual Property Rights. One of them being possibly one of the oldest regimes that is copyright, is a declarative protection which makes it distinctive than other regimes. Considering that copyright is an Intellectual Property right that is easier to obtain with respect of the nature of the protection itself, therefore making copyright a popular method in protecting software, including in Indonesia. However, a more developed nation such as The United States covers the protection of software through copyright and patent protection. This paper will analyze Copyright regime in Indonesia for protecting computer software through a practical comparison to the United States. The aim of this paper is to furthermore examine on how copyright regime is the most suitable protection for computer software in Indonesia. Keywords: Computer Software, Copyright, Intellectual Property Rights, Indonesia, The United States.
The Extension of the Special Business Mining License (IUPK) under The Law No. 3 of 2020 of the Coal and Mineral Mining: Pro or Cons? Naila Amatullah; Niki Anane Setyadani; Syarafina Ramadhanty
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

The enactment of Law No. 3 of 2020 to amend the Law No. 4 of 2009 of the Coal and Mineral Mining has reaping various controversies lately. One needs to be highlighted from the several issues that were raised in disparately, inter alia, the insertion of provision pertaining to the guarantee of the extension of the KK and PK2PB in the form of IUPK under Article 169 of the New Mining Law. Whereas the former law stipulated that when the contract period has expired the land will be handed over to the State and auctioned, however, the latter law instead “guaranteed” the investors will directly get the aforementioned IUPK. The bizareness of such provision is indeed thought-provoking to be examined from both sides; the government as the regulator and from the people of Indonesia who is ought, constitutionally, to have the utmost prosperity from the exploitation of the natural resources pursuant to principles that needs to be contained therein. Ergo, it is expected that this writing can provide answers in a satisfied manner regarding the fulfillment of philosophical consideration within Article 169 of the New Mining Law.
Judicial Review due to Bankruptcy Law on State-Owned Enterprises (Persero) and Workers Muhammad Ali Adnan; Atika Sunarto
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

Bankruptcy is a general confiscation covering all debtor assets for the benefit of all creditors. In other words, bankruptcy is the time when the debtor is no longer able to pay all debts that are due. State-Owned Enterprises (BUMN) is a company in the form of a limited liability company (Persero) which is wholly, mostly or partly owned or managed by the government and directly controlled by the government. Workers or laborers are people who work and receive wages or other forms of remuneration. The research made in making scientific papers is normative legal research. Normative legal research or it can be called library research is research that saya learning in the form of documents, using a variety of secondary data, namely regulations in legislation, court decisions set by judges, and legal theories. The data source used to write scientific papers is secondary data sources. This secondary data source takes data that comes from existing journals, established laws and regulations. Secondary data also logged all documents that were informed.

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