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[Non-Tax State Revenue at the Directorate General of General Legal Administration in the Perspective of State Finance Law ]]>
<![CDATA[Wulan Kusumaramdhani]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i2.325
<![CDATA[State revenue is part of the scope of State Finance which is divided into tax revenues, Non-Tax State Revenue (PNBP) and grants which are managed in the APBN mechanism. In the management of State Finances, PNBP has two functions, namely the budgeting function and the regulatory function. This study intends to find out how PNBP is managed at the Directorate General of General Legal Administration (DG AHU) in the perspective of state finance law and how PNBP is managed at the DG AHU during the Covid19 Pandemic. The research method used is normative juridical with a statutory approach supported by field studies. In addition, a quantitative approach will be used in the form of descriptive analysis using a statistical approach and effectiveness analysis to determine the management of PNBP at the Directorate General of AHU. The results obtained indicate that based on the regulation regarding the type of PNBP, the Directorate General of AHU has the right to collect PNBP originating from legal services for legal entities, general civil law, notary, inheritance, fiduciary, fingerprint taking for formulation, political parties, citizenship, citizenship status, investigators. Civil Servants, as well as Non-Legal Business Entities. Meanwhile, the management of PNBP at the Directorate General of AHU during the Covid pandemic was able to maintain an effective performance assessment with an effectiveness percentage of 82.54% in 2020 and 83.34% in 2021]]>
<![CDATA[Politics of Sharia Banking Law in Indonesia ]]>
<![CDATA[Muhammad Tun Samudra]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i2.326
<![CDATA[Basically, Islamic banks have the same function as conventional banks, namely as intermediate institutions that carry out their functions by collecting funds from the public, managing them, then channeling them back to people in need in the form of loans, but of course the government will not establish Islamic bank institutions if basically their functions are will be the same as conventional banks. The purpose of this study was to determine the role of legal politics on the development of Islamic banking in Indonesia. This research was structured using descriptive analysis method using a form of library research, with a detailed description of the existing facts, both in the form of secondary data, primary legal materials, and tertiary legal materials. Based on the research findings, it can be concluded that the development of Islamic banking. This can be proven by the gradual start of sharia banking regulations from when it was still a profit-sharing bank in Law Number 7 of 1992. This was further strengthened in Law Number 10 of 1998 with the term bank operating according to sharia principles. Until finally confirmed independently in Law No. 21 of 2008]]>
<![CDATA[Social Media Communication Strategy BusinessB-To-B in an Effort to Increase Customer Loyalty ]]>
<![CDATA[Helda Rahayu Chandra]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i2.327
<![CDATA[A Business-to-Business (B-to-B) operation is one that demands customer loyalty. Unlike B-To-C (Business-to-Customer) Business, B-To-B (Business-to-Business) Industry has a target market of other businesses or organizations. However, the use of social media to increase B-to-B customer loyalty is still the widely discussed topic. This study aims to determine the use of social media in B-To-B businesses in building B-To-B consumer loyalty. The research was conducted on B-To-B companies which also have a target market of business customers using descriptive qualitative methods. The results of the study indicate that communication activities on social media carried out by companies are in the form of content management, advertising, and digital activities. Companies use social media to increase consumer awareness of products or services with their advertising features, and enhance brand image by presenting content that reflects the company's image. Social media is also considered to be able to increase engagement with customers through content that is considered useful for customers. Social media communication is not done to increase customer loyalty to the company. To gain customer loyalty, the company strives to provide services or products that meet customer expectations, prices that are in accordance with customer capabilities, and the total experience gained while using the service. Social media is also considered to be able to increase engagement with customers through content that is considered useful for customers. Social media communication is not done to increase customer loyalty to the company. To gain customer loyalty, the company strives to provide services or products that meet customer expectations, prices that are in accordance with customer capabilities, and the total experience gained while using the service. Social media is also considered to be able to increase engagement with customers through content that is considered useful for customers. Social media communication is not done to increase customer loyalty to the company. To gain customer loyalty, the company strives to provide services or products that meet customer expectations, prices that are in accordance with customer capabilities, and the total experience gained while using the service.]]>
<![CDATA[Use of Social Media as a Public Relations Strategy during the Covid-19 Pandemic in Indonesia ]]>
<![CDATA[Kartika Ratri]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i2.328
<![CDATA[The field of Public Relations (Humas) is a field of communication carried out to establish and manage relationships with various stakeholders (stakeholders). With digitization, public relations also take advantage of the development of digital technology to establish relationships. Until the term digital public relations emerged. Since the occurrence of the Covid-19 pandemic, when the main effort to overcome the Covid-19 pandemic was to carry out physical distancing, several stakeholders such as the government, health workers, and social organizations in Indonesia have used social media in order to deal with the Covid-19 pandemic crisis. Several social media platforms such as Instagram, Twitter, to personal conversations such as Whatsapp are used. The purpose of this study is to find out how the role of the use of Social Media as a Public Relations Strategy during the Covid-19 Pandemic in Indonesia. This research method uses a meta-analysis of 9 journal articles, which will synthesize the relationship between “Digital Public Relations” and “Social Media”. Broadly speaking, "Social Media" is a "tool" used in the practice of "Digital Public Relations" which is synthesized with the findings of previous research as a theoretical basis, the practice of social media in digital public relations, and an analysis of what is happening in Indonesia over the past few years. The Covid-19 pandemic is ongoing]]>
<![CDATA[The Urgence of Peaceful Settlement of State Administrative Disputes Through Mediation in State Administrative Courts ]]>
<![CDATA[Hendri Darma Putra]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i2.335
<![CDATA[The process or stages of examining State Administrative disputes at the State Administrative Court, both based on statutory regulations, as well as in judicial practice, do not include a reconciliation process between the litigants through mediation. This is different from the examination of civil cases in both the general court and religious courts, in which there is mediation between the litigants. Based on these problems, the purpose of this study is to analyze the urgency of peaceful settlement of state administrative disputes through mediation at the State Administrative Court, as well as its legitimacy. The research method used in this research is normative juridical, which is a method in normative legal research that analyzes secondary data, which is then analyzed qualitatively. The results of this research are as follows: Settlement of state administrative disputes peacefully through mediation in the Administrative Court State Enterprises are very important (urgent) as instruments to be applied to the procedural law of the State Administrative Court, so that the Procedural Law of the State Administrative Court is more comprehensive, and can fulfill the administration of justice which is simple, fast and low cost and provides greater access to the parties. in obtaining a settlement of state administrative disputes that fulfills a sense of justice, and the legitimacy of peaceful settlement of state administrative disputes through mediation at the State Administrative Court, it is necessary to make changes to the amendments to the Republic of Indonesia Law Number 5 of 1986 concerning Judiciary. State Administration, or at least amendments are made to the Regulation of the Supreme Court Number 1 of 2016 concerning Mediation Procedures in Courts, which are adjusted to the procedural law of the State Administrative Court, so that with a formal acknowledgment (legitimacy) peaceful settlement of state administrative disputes through mediation at the State Administrative Court, so that the amicable settlement of state administrative disputes through mediation at the State Administrative Court is recognized as valid.]]>
<![CDATA[Application of Law no. 8 of 1999 concerning Consumer Protection to Minimize Consumer Disputes ]]>
<![CDATA[Dede Hafirman Said]]>;
<![CDATA[Azizatur Rahmah]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.339
<![CDATA[The purpose of this study is to find out what efforts are made to minimize consumer disputes in ensuring legal certainty to protect consumers. The existence of a trade-in in both goods and services carried out by business actors often causes consumers to be harmed in terms of shopping which leads to a dispute between consumers and business actors. The research method used is normative juridical with a statutory approach whose data source is secondary data consisting of primary, secondary, and tertiary legal materials with data collection methods using library research. Data analysis is carried out from the hierarchy of laws and regulations. The problems in this scientific journal are aimed at how to apply Law No. 8 of 1999 concerning Consumer Protection in minimizing consumer losses, providing education to consumers, and being responsible for losses suffered by consumers. Regarding the efforts to resolve consumer disputes, it can be carried out through deliberation between the consumer and business actors, or assisted by third parties. The purpose of this study is to find out what efforts are made to minimize consumer disputes in ensuring legal certainty to protect consumers. The existence of a trade-in in both goods and services carried out by business actors often causes consumers to be harmed in terms of shopping which leads to a dispute between consumers and business actors. The research method used is normative juridical with a statutory approach whose data source is secondary data consisting of primary, secondary, and tertiary legal materials with data collection methods using library research. Data analysis is carried out from the hierarchy of laws and regulations. The problems in this scientific journal are aimed at how to apply Law No. 8 of 1999 concerning Consumer Protection in minimizing consumer losses, providing education to consumers, and being responsible for losses suffered by consumers. Regarding the efforts to resolve consumer disputes, it can be carried out through deliberation between the consumer and business actors, or assisted by third parties.]]>
<![CDATA[Juridical Study on Changes from Perumda to Perseroda (PT. Air Minum Giri Menang) ]]>
<![CDATA[Baiq Nunung Sukaryati Chindra]]>;
<![CDATA[Hirsanuddin]]>;
<![CDATA[Djumardin]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Este estudio tiene como objetivo analizar y determinar el estado de participación de capital regional presentado a Perseroda PT. Giri Gana y analiza y descubre cómo los directores son responsables de las pérdidas que se producen en la gestión de la empresa PT. Giri gana agua potable. Los resultados de este estudio son primero, el gobierno local en el contexto de la implementación de la autonomía regional puede tomar medidas y esfuerzos para aumentar las fuentes de ingresos locales con el fin de aumentar el crecimiento y desarrollo de las actividades de desarrollo en el sector económico a través de la formación y participación de locales. capital del gobierno a BUMD. El régimen jurídico de la propiedad estatal debe dividirse en "propiedad privada (dominio privado) y propiedad pública (dominio público)". En segundo lugar, el Consejo de Administración de la empresa puede ser considerado personalmente responsable de la quiebra de PT. La rendición de cuentas debe basarse en hechos jurídicos como principal requisito para impulsar la implementación de los artículos de la Ley PT y la Ley KPKPU. Los miembros de la Junta Directiva no pueden ser considerados responsables por las pérdidas de la Compañía si pueden probar ciertas acciones que han sido determinadas]]>
<![CDATA[Pardon's Judicial Urgency in Renewing Criminal Law in Indonesia ]]>
<![CDATA[Satria Fajar Putra Dipayana]]>;
<![CDATA[Eva Achjani Zulfa]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i2.342
<![CDATA[This paper will examine the concept of judicial pardon (forgiving judges) as a solution to the existing legal problems, which are perceived as an attempt to avoid incarceration. The law gives the judge the authority to forgive or pardon the convict without imposing a crime or action if they are influenced by certain factors. This article aims to convey the importance of the RKUHP's concept of judicial pardon to the future renewal of the criminal justice system. This article's research employs a normative, statutory, and conceptual approach to the law. The findings of this study indicate that the concept of judicial pardon can be viewed as the final gatekeeper for a case that disrupts social justice, or as a guide for the forgiveness of judges that functions as a safety valve or emergency door. Then in accordance with the noble values that exist in Indonesian society, such as those of the people of Jambi province, the Batak Karo, the Balinese, and many others. In order for future generations of Indonesians to realize the welfare and protection of the community, as a form of legal certainty in sentence execution.]]>
<![CDATA[Juridical Analysis of Alleged Provision of False Information in Pretrial Corruption Cases of e-KTP ]]>
<![CDATA[Rustam HS Akili]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i2.346
<![CDATA[On April 5 2017, the KPK named Miryam S Haryani as a suspect in the alleged corruption case of e-KTP with Investigation Order No. Sprint Dik-28/01/04/2017. For her actions, Miryam is suspected of violating Article 22 in conjunction with Article 35 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. On April 20, 2017, Miryam's legal team submitted a pretrial application stating that the KPK's determination of a suspect against his client was contrary to the law and the provisions of the applicable procedural law, because: a. The KPK does not have the authority to carry out investigations and investigations related to Article 22 of the Anti-Corruption Law, because Article 22 is regulated in Chapter III which is about other criminal acts related to corruption, so this is not the task and authority of the KPK as regulated in Article 6 Chapter II. KPK Law; b. The investigation into the criminal act of giving false information before the court is carried out based on article 174 of the Criminal Procedure Code; c. the determination of the suspect in the name of Miryam S Haryani was issued without two valid pieces of evidence. This study aims to determine the legal basis for determining the suspect as a pretrial object associated with the alleged criminal act of giving false information by Miryam S Haryani and to find out the authority of the KPK in investigating the case of the crime of giving false information by Miryam S Haryani in the e-KTP corruption case that was submitted for pretrial. at the South Jakarta District Court. The research method used is normative juridical, which is an approach to literature review as secondary data. The results of the study are, the legal basis for determining the suspect as an object of pretrial is the decision of the Constitutional Court no. 21/PUU-XII/2014 dated 28 April 2015, which provides prerequisites for the determination as a suspect, namely that a minimum of two pieces of evidence must be met as contained in Article 184 of the Criminal Procedure Code. If it is related to the alleged criminal act of giving false information by Miryam S Haryani, the pretrial application for the case number 47/Pid/Pra/2017/PN. Jkt. Sel, the determination of the suspect against Miryam S Haryani has been based on more than 2 (two) pieces of evidence.]]>
<![CDATA[The Violation of Copyright Music in the Form of Cover Song By Recording Through Social Media Related To Law Number 28 Of 2014 Concerning Copyright And Law Number 19 Of 2016 Regarding Electronic Transaction Information ]]>
<![CDATA[uyan wiryadi]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i2.347
<![CDATA[The objectives of this study were to: 1) Determine whether cover songs that were recorded via social media violated Law Number 28 of 2014 Concerning Copyright in the sphere of music. 2) To identify the factors that contribute to copyright infringement when cover songs are recorded and shared on social media. This thesis was written using a statutory approach, specifically by analyzing the changes to Law Number 28 of 2014 concerning Copyright and its implications for copyright and its implementation by high state institutions and the Law of the Republic of Indonesia Number 19 of 2016 Regarding Amendments to Law Number 11 of 2008 Concerning Information and Electronic Transactions. The following are the findings of the author's research: It is a copyright infringement when someone performs a cover song on social media without permission from the artist, whether for non-commercial or commercial purposes. Among the factors influencing the occurrence of copyright infringement in Indonesia are: 1) Weak law enforcement against infringement violators. 2) Internet creations can be quickly replicated and spread internationally in a very short period of time and in big numbers. 3) There is no geographical restriction on the location of the perpetrator because a domain name or website can be viewed by anybody worldwide. 4) The procedure for inter-state events in dealing with copyright infringement on the internet, such as ascertaining who the perpetrator is and when the infringement happens (tempus delicti) and determining the legal region of the infringement (locus delicti), remains inconsistent.]]>
