LEGAL BRIEF
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.
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<![CDATA[The Urgency of the Existence of Islamic Banking (Comparative Study with Conventional Banking) ]]>
<![CDATA[Muhammad Ali Adnan]]>;
<![CDATA[Atika Sunarto]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Banking has an important role in the development of a country's economy. Banking is a business entity that provides services in the payment traffic and circulation of money in the world. Islamic bank is a bank that conducts business activities based on Islamic principles, namely the rules of the agreement based on Islamic law between banks and other parties to finance business activities and / or deposit funds and other activities. The method used in this research is the normative method, namely legal research which is carried out by examining library materials or secondary data using a statutory approach, a conceptual approach and a comparative approach. The sources of data obtained are secondary data sources that come from literature studies by reviewing, analyzing and processing literature, laws and regulations, journals, articles, and writings related to Islamic banks and conventional banks. The results show that there is an urgency for the existence of Islamic and conventional banking in Indonesia in accordance with the interests of society.]]>
<![CDATA[Protection of the Rights of Women Workers in the Industrial Sector (Studies on Developing Countries) ]]>
<![CDATA[Gaeldeba Garaika]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Women workers contribute in enhancing national development. Therefore, the proper fulfillment of the rights of women workers in industrialism sectors must receives special attention. The rights of women worker’s implementation still found alot of irregularities, this literature aims to know the fulfillment of women worker’s rights by the company to complete their needs. The implementation of the fulfillment on the rights of women workers is an obligation that should be endeavored to guarantee their rights.]]>
<![CDATA[Zakat Fund Distribution Innovation for Beneficiaries in Tangerang Regency ]]>
<![CDATA[Tolkah]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Welfare is an ideal that is desired by all citizens and also humankind in all corners of the world, including those desired by all the people of the Republic of Indonesia. The purpose of welfare for all people in a country is to ensure equitable justice for every citizen of its country, as well as development that occurs in a religious field. which can increase the participation of religious communities in realizing the formation of national development. As the majority community in Indonesia, Muslims must be able to have a significant impact in the provision and empowerment of zakat funds for all groups of zakat recipients in Indonesia. The potential for zakat funds available in Indonesia is very large, as well as the potential for zakat that is owned by the Tanggerang Regency area which reaches 20 billion. If the muzaki and groups of zakat recipients in the Tangerang City area are aware of the amount of available zakat funds and are aware of the obligation to pay zakat, the management and distribution of zakat funds can also be more channeled and more evenly organized. With the participation of an institution that manages zakat funds such as BAZNas in Tanggerang Regency, zakat management is more optimal. From the background mentioned, there is a research question related to the above problem, namely: What method is used by the Tanggerang National Zakat Agency (BAZNas) in distributing zakat maal funds. The methodology used in this research is a case study method with a qualitative approach. Data collection techniques used are observation, interviews and documentation. The results of this study show that the distribution method used by the National Zakat Agency (BAZNas) of Tanggerang Regency is a consumptive and productive distribution method, the data collection techniques used are observation, interviews and document analysis techniques.]]>
<![CDATA[Implementation of Marriage Law no. 16 of 2019 in Preventing Early Marriage in Subang District ]]>
<![CDATA[Sri Nurcahyani]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The age limit of marriage according to Law number 1 of 1974 provides space for anyone to marry underage, this is a dynamic for Indonesia, especially Subang Regency with the highest number of underage marriages and high divorce and domestic violence (KDRT), therefore research This aims to see how the implementation of the Marriage Law No. 16 of 2019 prevents early childhood marriages in Subang Regency. This study uses a qualitative approach with empirical study methods. Data collection is carried out by facts in society. The results showed that the implementation of the Marriage Law requires support from related stakeholders, the central government,]]>
<![CDATA[Child Judicial System: Islamic Criminal Law Concerning Criminal Enforcement of Children in The Court of Subang District ]]>
<![CDATA[Tuti Herawati]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The development of communication technology is one of the causes of the increase in the crime rate in children so that they are caught in criminal acts. Regarding this matter, the Indonesian government has compiled a law on juvenile justice and implemented restorative justice. Likewise with Islamic law, which regulates punishment for children. This study uses a narrative method with a qualitative approach. The purpose of this research is to find out how child crime is enforced in the justice system. The results of this study indicate that the enforcement of juvenile crime can be attempted to use diversion, but still see what cases the children do first. Not all juvenile criminal cases can be resolved by means of diversion justice.]]>
<![CDATA[Pancasila Democracy: Non-Systemic Legal Studies Charles Sampford ]]>
<![CDATA[Triwahyuningsih]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The ethical orientation of the ideals of Pancasila democratic law as desired by the founding fathers is contained in the Preamble of the 1945 Constitution of the Republic of Indonesia paragraph IV, a structure of the Republic of Indonesia is formed which is sovereignty of the people based on the state philosophy, namely the values of "divinity , humanity, unity, deliberation and justice ”, have not been fully implemented. The purpose of this research is to analyze Pancasila democracy concept when viewed from non-systemic law Charles Sampford.This study uses a philosophical normative approach combined with a qualitative descriptive analysis. The results show that the concept of non-systemic legal science provides an alternative to different reading models of Pancasila as a complete and holistic system, both in terms of meaning and relations. The characteristic of deliberation in Pancasila Democracy is that differences are basically aimed at finding equality, descriptively, that deliberation is allowed to remain in differences, because in essence there are differences.]]>
<![CDATA[The Role of Local Governments in Developing Natural and Cultural Tourism in Sukabumi District ]]>
<![CDATA[Erny Rosyanti]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Tourism activities are human activities whose mobility is driven by curiosity and enjoying tourist attractions and tourist attractions without knowing administrative boundaries. Therefore, the concept of integrated regional development can overcome and assist organizational differences between districts into a unity of regional planning and development with tourism activities in Sukabumi Regency. In this research, the method used is a qualitativedescriptive approach. Sources of data in this study come from primary data and secondary data. The data collection technique used is field research, such as observation, interviews, and library research. The analysis used by the pen is descriptive-qualitative. The research results on tourism's role in the development of tourism potential in the Sukabumi Regency are dominant as a facilitator compared to other parts. This role as a facilitator can be seen mainly in the provision of object infrastructure, which is still largely borne by the Tourism Office. Facilities for distributing stimulant fund assistance for people who want to develop a tourism object, efforts to promote tourism objects, and facilities provided to third parties such as investors and tourism entrepreneurs to develop their tourism businesses in Sukabumi Regency.]]>
<![CDATA[The Role of Islamic Law in the Development of the National Law System in Indonesia ]]>
<![CDATA[Ratna Riyanti]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Islamic law provides a point of view in the national legal development system in Indonesia, the paradigm of Islamic law contains 2 dimensions, namely transcendental and horizontal, these two dimensions are placed in accordance with applicable norms and laws. The results of the study state that in the effort to apply Islamic law in Indonesia, there are relevant theories of thought so that Islamic law can be applied over time, first the Formalistic-Legalistic Theory of Thought, Second the Structuralistic Thought, Third Culturalistic thinking and finally the Applicative-Substantialistic Thought Theory.]]>
<![CDATA[The Concept of Populist Economy based on Transcendental Law ]]>
<![CDATA[Suci Hartati]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[An economic system based on the paradigm of Pancasila values, placing people's sovereignty as the Khalifah of Allah SWT on the face of the earth, oriented towards the common good is what is meant by people's economy (economic democracy). There is a fundamental difference between the economic system in a country that adheres to liberal-capitalist democracy and socialist democracy. This people's economy is based on Pancasila and is an economy developed with a frame of spiritual values such as the value of God (Tauhid). The emergence of political investors whose interests are accommodated from the transactional system,]]>
<![CDATA[The Influence of Social Symptoms in Society on Legal Development ]]>
<![CDATA[Mukhidin]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Social changes that have been and are still going on have resulted in a new formulation and thinking about law and its relation to society. The interaction between law and society is a result of a law being passed. In society, they will not be separated from the social symptoms that will befall them. The existing social changes are a symptom that comes from the passing of the law. The interaction of law and society is a reciprocal effort between law and society, both individuals and groups. In the sociology of law it can be stated that all behavior that arises as a result of the existence of the law being enforced is the result of or the result of the application of the law in society. Social symptoms can arise due to deviations from the prevailing norms in society.]]>
