cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
HENGKI TAMANDO
Contact Email
hengki_tamando@yahoo.com
Phone
+6281260574554
Journal Mail Official
legalbrief@isha.or.id
Editorial Address
Romeby Lestari Housing Complex Block C Number C14, North Sumatra, Indonesia
Location
Unknown,
Unknown
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 125 Documents
 1   2   3   4   5 
Search results for , issue "Vol. 11 No. 2 (2022): Law Science and Field" : 125 Documents clear
Analysis of Legal Protection of Labor in the Implementation of Layoff Nely Anggraeni; Indra Koswara; Yopie Gunawan
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (750.634 KB)

Abstract

Employment relationships can lead to various consequences, one of which is layoffs. The impact is very complex. Therefore Who must regulate the mechanisms and procedures in such a way. The goal is that workers/laborers still get proper protection and obtain their normative rights by applicable legal provisions. Because the workforce has a significant role and position as actors in the national development goals, namely creating a prosperous, just, prosperous society that is evenly distributed both materially and spiritually based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Legal protection for workers is based on the provisions of Article 27 (1), paragraph (2), Article 28 D paragraph (1), paragraph (2), the 1945 Constitution. If a layoff occurs, the workers/laborers who have been laid off must receive compensation in the form of severance pay, service fees, and Replacement of rights following the provisions of Law no. 13 of 2003 and Law No. 2 of 2004 In resolving layoffs, judges must be able to provide legal certainty and protection for workers. The judge's consideration is the soul and essence of the decision.
Effectiveness of the Implementation of the Dispute Resolution Information System (SIPS) of the General Elections Supervisory Agency Uswatun Hasanah; Anshory Ilyas; Zulkifli Aspan
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (988.969 KB)

Abstract

The main problems in this study are 1) How Effective is the Implementation of the Dispute Resolution Information System (SIPS) of the General Elections Supervisory Agency?, and 2) What are the efforts made by the Bawaslu of South Sulawesi Province in increasing the effectiveness of the Dispute Resolution Information System (SIPS)?. This study aims to determine the effectiveness of the implementation of the Dispute Resolution Information System in Bawaslu, especially in South Sulawesi, and to find out how the efforts made by the Bawaslu of South Sulawesi Province in increasing the effectiveness of the Dispute Resolution Information System (SIPS). This type of research is empirical or often referred to as social legal research, namely research conducted with an approach to the legal reality in society. The research location is South Sulawesi Province, in particular at the office of the General Elections Supervisory Agency (Bawaslu) of South Sulawesi Province, which is located at Jl. Andi Prince Pettarani No. 98A, Makassar, South Sulawesi Province. The research population of the Bawaslu of South Sulawesi Province, the General Election Commission of South Sulawesi Province, Political Parties in the South Sulawesi Province, Academics in the South Sulawesi Province, and the People of South Sulawesi Province. Respondents were determined as many as 60 people. Data was collected through observation, questionnaires and interviews. The data were analyzed using a qualitative approach. The results showed: 1) Whereas the Implementation of the Effectiveness of the Dispute Resolution Information System (SIPS) of the General Elections Supervisory Body, especially in the Bawaslu area of ??South Sulawesi Province, is not running effectively; 2) Whereas the efforts made by the Bawaslu of South Sulawesi Province in increasing the effectiveness of the Dispute Resolution Information System (SIPS), namely increasing the Resources of the Organizing Apparatus, facilities and infrastructure, the role of the Community, and Legal Substance. The suggestions put forward are: 1) It is necessary to strengthen and improve the legal substance of the technical implementation of dispute resolution requests through SIPS in the next election by maximizing the implementation of socialization and technical guidance to stakeholders and external parties regarding the procedures and procedures for requesting disputes;
An An Analysis of Export Restriction Policies for Indonesian Nickel: Strengthening Indonesia's Opportunities from the European Union's Lawsuit Regarding Export Restrictions for Nickel: Adi Gunawan; Nadir Nadir
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (900.286 KB)

Abstract

Indonesia's international trade disputes do not just happen once. It has been recorded that Indonesia has entered the WTO's green table several times in the trade dispute settlement. Then, what needs attention is that the Indonesian government was defeated in the trial at the WTO in most of the many disputes facing Indonesia. The main reason for the defeat of the dispute was the weak arguments presented by representatives of the Indonesian government. Indonesia has entered a new lawsuit from the European Union at the WTO regarding the  Nickel Export Restriction with Dispute Settlement (DS) Complaint Number 592 on November 22, 2019, on the grounds of violating Article XI: I GATT agreement, related to the prohibition of quantitative restrictions. At the moment, the dispute must be won by Indonesia because it concerns the State's sovereignty regarding natural resources, which are very limited in number and cannot be renewed. This research objective was to provide input in ideas or statements in juridical theories and norms, which were strengthened by doctrines as a refutation of the allegations raised by the European Union in the WTO Session. Furthermore, this research used a normative juridical research method, with secondary data based on writings from some electronic mass media.
The Role of Granting Expert Information By The Indonesian Financial Examiner's Loss on the Judge's Decision In Proof of Criminal Offense Sultan Sa'aduddin Akib; Andi Muhammad Sofyan; Audyna Mayasari Muin
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (759.376 KB)

Abstract

The study aims to analyze the role of expertory by the Indonesian finance ministry on assessing the state's losses to the judges decision on alleged criminal corruption and the obstacles it faced by the finance ministry's giving expert testimony in judicial proceedings. The type of research used by the writer is the type of empirical law study. The study is conducted at the finance ministry of the Indonesian Republic of Sulawesi representative and the makassar district court. The legal material used is the primary law ingredient, the data obtained directly from interviews and secondary law materials, data through literature, books, journals, and legislation studies. The material of the law is qualitatively analyzed and presented in descriptive terms. The results of the research, concluded that, (1) The role of giving expert information by BPK is important but evidence is not binding on the judge to render a ruling. So that the judge has the right and freedom to make an appraisal of his perfection and truthfulness, and the judge can either accept, regard and make into consideration the giving of expert information by the body of the financial examiner or not. (2) In general, there are 2 (two) obstacles to proving a link to the criminal corruption, which is a drawback to the country's limited human resources, time for checkups and budgets. And also obstacles during the process of giving expert explanations that include, psychological obstacles, communication barriers, inappropriate congregation schedules, impaired professional health, and lack of material mastery by the expert.
Analysis of the Settlement of Money Political Criminal Actions in the Election of Regional Head in Majene District Desi Amalia Anwar; Syamsuddin Muchtar; Amir Ilyas
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (884.081 KB)

Abstract

This study aims to determine and analyze the settlement of Money Politics Crimes in the Regional Head Election in Majene Regency. In this study, the author uses a juridical empirical research method, The legal materials are analyzed using a statutory approach and a conceptual approach. The results of the study indicate that: (1) The process of resolving criminal acts of money politics in the Regional Head Election of Majene Regency is considered not optimal, due to frequent conflicts of opinion related to regulations between the Sentragakkumdu parties, namely Bawaslu, the Prosecutor's Office, and the Police, which is an obstacle for the Agency. General Election Oversight (BAWASLU) in handling cases of money politics. This difference of opinion should not have occurred because the regulations governing the Violation of Money Politics Crimes have been specifically regulated in Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors, which in these rules are very clear on which ones can be categorized as Violations. Money Politics Crime. (2) A person can be held criminally responsible if he has fulfilled the elements or formulation of the offense that has been determined in the laws and regulations. Besides that, the most important thing from criminal responsibility is the existence of errors inherent in the perpetrators.
Criminal Liability Using Forged Letters Judging From Article 263 Paragraph (2) of the Criminal Code Durahman Manurung; Nandang Sambas; Indra Yudha Koswara
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (850.512 KB)

Abstract

Forging phoney letters is a crime that has ramifications for the truth and people's faith in one another. Perpetrators use fake notes to make money. To establish the victim's signature forging as a foundation for conducting an investigation and investigation of letter fabrication, the victim must report to the police. The following issues are investigated: Users of counterfeit letters are subject to criminal culpability under article 263 paragraph (2) of the Criminal Code, which deals with letter falsification. The research method used was normative juridical research with direct interviews with Semarang Police Satreskrim investigators who handle letter forgery cases. Researchers took case examples regarding letter falsification, based on the Semarang District Court Number: 636/Pid.Sus/2016/PN. SMG with the defendant named NURCAHYA ARIESETIAWAN bin (late) AMANTJIK AGUS was found legally and convincingly guilty by considering that the Judge believed that.
Legal Protection of Creditors in Credit Agreements with Liability Guarantee Siti Nurjanah; Teuku Syahrul Ansari; Bambang Daru
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (850.277 KB)

Abstract

Credit generally functions to facilitate business activity and, especially for economic activities in Indonesia, plays a vital role in its position both for production businesses and private businesses that are developed independently because they aim to improve the community's standard of living. Banks as financial institutions that produce financial services that have helped fulfill the need for funds for economic activities by providing loans, among others through bank credit, in the form of credit agreements between creditors as lenders or credit facilities with debtors as debtors. The problem is raised in legal protection for creditors when the debtor defaults and what sanctions the creditor gives when the debtor defaults. The aim is to find out the legal guardian for creditors in credit agreements and what sanctions are given by creditors when the debtor defaults. This study uses quantitative methods, namely methods based on the philosophy of positivism. This method is used to examine a particular population or sample. Sampling techniques are generally carried out by random (data collection). Creditors obtain legal protection when the debtor defaults by Article 51 of Law Number 5 of 1960 and Law no. 4 of 1996. The creditor can impose sanctions on the debtor when the debtor defaults in Article 20 paragraph (1) of the Mortgage Law. The result of this research is that a vital guarantee right institution has been provided and can be charged to land rights, namely Mortgage Rights as a substitute for the Hypotheek and Credit Verband Institutions. For this reason, I suggest to readers in particular and society in general that we should follow the existing and applicable laws and regulations in Indonesia every time we take action.
Legal Protection for Buyer Against Buying and Selling of Land Rights Performed Under Hand Abidin Abidin; Teuku Syahrul Ansari; Bambang Daru
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (848.955 KB)

Abstract

Legal institutions known in customary law are generally institutions that are needed to meet the needs of people who are still simple, so that in order to fulfill an open modern society, the institution of buying and selling land rights, for example, undergoes modernization and adjustment, without changing its nature as the legal act of buying and selling land rights with the payment of the price in cash, as well as the nature and characteristics of it as a real and clear act. A change that aims to improve the quality of evidence of legal acts carried out according to the customary law of the community which is limited in its personal and territorial scope, it is enough that the deed is made by the seller himself and known by the Village/Customary Head. The purpose of this study is to analyze, describe and provide legal protection for buyers against buying and selling land rights that are carried out under the hands. The research conducted in this paper is empirical research, using a sociological juridical approach. Based on the results of the research above regarding legal protection for buyers against those carried out on illegal sale and purchase of land rights, it can be concluded (1) the buyer does not get legal protection for the land he bought; (2) the buyer does not get legal certainty over the land he bought; (3) the buyer does not get strong evidence against the rights to the land he bought. This of course will be detrimental to the buyer who purchases land rights under his own hands. This incident is expected to raise awareness to the public, especially for buyers, when buying and selling land rights must be carried out before the PPAT so that they get protection and legal certainty for the land they buy.
Legal Protection of Migrant Workers' Rights Seen from the Perspective of International Law Wandi Subroto
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (739.651 KB)

Abstract

Indonesia is one of the most significant contributors to migrant workers globally. It is proven that migrant workers have contributed a large amount of foreign exchange and helped the Indonesian economy. However, the positive contribution made by migrant workers is not accompanied by appropriate legal protection provided by the government, even though various regulations have been made. We still hear a lot of problems related to migrant workers ranging from victims of human trafficking, victims of violence by employers, and various other acts of violence. It is for these reasons that this research will examine the legal protection of migrant workers' rights from the standpoint of international law, with a focus on the Universal Declaration of Human Rights (UDHR), International Covenant on Economic, Social and Cultural Rights (ICESCR), International Convention on the Protection of the Rights Of Migrant Workers And Members Of Their Families, and The ASEAN Declaration on the Protection Of The Rights Of Migrant Workers A normative juridical approach (statue and conceptual) is used in this article's study methodology (conceptual approach). Library books and scientific works, as well as articles and papers relating to research material are used as secondary data in this composition.
Equality of Education Quality in Indonesia through Education Reform Deding Ishak
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (763.49 KB)

Abstract

The era of globalization causes the need for changes in various fields, including education. One of the steps that can be used to improve the quality of education is through equal distribution of education. Therefore, this research will look at how the implementation of education in Indonesia through the zoning system and its comparison with countries that have implemented this before. The research will be carried out using a qualitative approach with data sources and previous studies. The results of this study indicate that there are many challenges for the Indonesian state to follow this system. But slowly, the Indonesian state can overcome this problem by providing the same facilities as the system abroad.

Page 1 of 13 | Total Record : 125

 1   2   3   4   5 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol. 14 No. 4 (2025): October: Law Science and Field Vol. 14 No. 3 (2025): August: Law Science and Field Vol. 14 No. 2 (2025): June: Law Science and Field Vol. 14 No. 1 (2025): April: Law Science and Field Vol. 13 No. 6 (2025): February: Law Science and Field Vol. 13 No. 5 (2024): December: Law Science and Field Vol. 13 No. 4 (2024): October: Law Science and Field Vol. 13 No. 3 (2024): August: Law Science and Field Vol. 13 No. 2 (2024): June: Law Science and Field Vol. 13 No. 1 (2024): April: Law Science and Field Vol. 12 No. 6 (2024): February: Law Science and Field Vol. 12 No. 5 (2023): December: Law Science and Field Vol. 12 No. 4 (2023): October: Law Science and Field Vol. 12 No. 3 (2023): August: Law Science and Field Vol. 12 No. 2 (2023): June: Law Science and Field Vol. 12 No. 1 (2023): April: Law Science and Field Vol. 11 No. 6 (2023): February: Law Science and Field Vol. 11 No. 5 (2022): Desember: Law Science and Field Vol. 11 No. 4 (2022): October: Law Science and Field Vol. 11 No. 3 (2022): August: Law Science and Field Vol. 11 No. 2 (2022): Law Science and Field Vol. 11 No. 1 (2021): Law Science and Field Vol. 10 No. 2 (2021): Law Science and Field Vol. 10 No. 1 (2020): Law Science and Field Vol. 9 No. 2 (2020): Law Science and Field Vol. 9 No. 1 (2019): Law Science and Field Vol. 8 No. 2 (2019): Law Science and Field Vol. 8 No. 1 (2018): Law Science and Field More Issue