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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 125 Documents
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Search results for , issue "Vol. 11 No. 2 (2022): Law Science and Field" : 125 Documents clear
The Concept of Istihsan Abu Hanifah in Indonesian Islamic Family Law (Review of Marriage Registration as an Accumulative Condition) Moh. Hafid
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Development will never stop. It will always flow along with the continuity of time. Meanwhile, Islam as a religion must also follow developments so that later it is not said to be a dead religion. There are many ways and methods that can be used so that Islam can always be side by side in development. One of them is that the concept of Istihsan popularized by Imam Abu Hanifah is very worthy to be guided in making legal decisions. Marriage registration which was originally not obtained as a condition of marriage, then after developments turned out to be prominent and became a law. It's just that in Indonesia this is only used as an administrative requirement. The effect is also understood to be less important and gives a positive meaning to marriage. So the concept of Istihsan needs to be used as a measure in responding to the requirements in the marriage law in Indonesia. This study uses a literature study that refers to library data. As a result, the Istihsan concept suggests that marriage registration is not only an administrative requirement in a marriage. However, it needs to be added to the standard conditions for the validity of a marriage. This, refers to the benefit and main purpose of a marriage.
Muhammadiyah's Role in Managing Human Trafficking Effort in Timur Lombok Regency, Nusa Tenggara Barat Widya Hartati; Salmi Yuniar Bahri
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Human trafficking is a form of crime against human dignity and slavery in the modern era whose crimes are often carried out across national borders, victims of human trafficking are not only adults but also victims are minors who are exploited to be employed abroad. Seeing the phenomenon that has occurred, Muhammadiyah's own role is needed to prevent the crime of trafficking in persons. The purpose of this study was to identify and describe the factors behind the occurrence of human trafficking and the role of Muhammadiyah in overcoming human trafficking in the district of East Lombok. The type of research used is qualitative with descriptive method, which is a method that reveals a picture of the problems that occurred during the research. The results of the study reveal that trafficking in persons occurs because of the crush of life's problems and economic needs are not fulfilled, the factors that influence trafficking in persons are due to economic factors and environmental factors, so Muhammadiyah itself must carry out its role and prevention through preaching enlightenment to the public regarding knowledge about the dangers of trafficking in persons, namely by conducting socialization and changing the mindset of families and communities, improving Human Resources (HR) by improving the quality of education from a lower level, namely Elementary School (SD) to a higher level, Providing basic skills training so that people have their own steady income, By implementing entrepreneurship training and access to financial credit to facilitate self-employment.
The Community Conflict Settlement With Customary Law And Local Wisdom Approaches And Law No. 7 Of 2012 Concerning Handling Of Social Conflicts Adi Gunawan
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

In every society, there must be a conflict with different levels and intensities and various causes because social conflict is an inseparable part of the dynamics of people's lives. However, the most important thing about the conflict is how to resolve the conflict and restore peace to society as before. The conflict resolution mechanism that is most often used is customary law and local wisdom because nowadays, Indonesian society is still classified as a traditional society with a magical religio style. If a problem cannot be resolved, it will be resolved using Law No. 7 of 2012 concerning the Handling of social conflicts. This research was library research included in normative sociological research using secondary data equipped with laws and regulations.
The Dimensions of Legal Opinion's Role in Settlement of Civil Law Cases May Shinta
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Legal opinion is a doctrine that was originally used for the legal practic. Doctrine is a source of the law. The legal opinion has a function to be able to resolve cases or acts against the law, whether it's a criminal and civil law cases. Legal opinions are usually used as directions or instructions for the community when experiencing a legal problem.  usually clients come to lawyers to assist him in solving the problem. The problem that will be discussed in this research is the dimension of legal opinion in solving civil law problems. While the research method used  is a qualitative research method with an empirical juridical approach. The results of this study indicate that legal opinion is a dynamic and easy alternative in solving civil law problems. Legal opinion is also a dimension of civil case settlement that can be used as a basis in addressing and finding the best solution for a legal problem that is being experienced. While the purpose of legal opinion is to describe a legal contextual either explicitly or implicitly.
Identification of Legal Protection on Covid-19 Vaccine Services to the Public During the Pandemic Crisis in Indonesia: Legal Health Study Gunawan Widjaja
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study examines the identification of legal protection for recipients of the COVID vaccine during the pandemic crisis in Indonesia, which is viewed from the point of view of the study of the health law. We believe that the Government certainly has some supporters and protectors in carrying out its policies, namely vaccination services for citizens. To discuss this topic, we are supported by some scientific publications, especially findings on vaccination studies in the context of legal protection for vaccine recipients and the legal basis for state action in implementing policies. We found data from various study sources from legal and health scientific journal publications, especially vaccination conflicts, both from international and domestic journals. In order to make it easier for us to take essential points as the findings of this study, first, we have listed them under the phenomenological approach, which is a method or method that we do to obtain information, then we examine them to get the gist of the relevant answers. Based on the data exposure and discussion, we found that in carrying out the vaccination program, the Government first has a responsibility, namely to ensure that its citizens are healthy and prosperous so that based on this obligation, the Government makes a policy. Then the Government also coordinates with health parties in the field and the community irregularities in its implementation. The Government is considered unable to carry out vaccinations as mandated by this policy because people still need awareness and belief to run optimally.
Study Regarding the Implementation of Traditional Law That Violates Women’s Human Rights in Indonesian National Law Putri Deviana Insti; Winda Fitri
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Indonesia is a country that has a higher population level, especially for women, where based on the Central Statistics Agency, as many as 137,521,557 people are men and 134,707,815 people are women or 49% of the total population in Indonesia. Equality and the elimination of discrimination against women are often the centers of attention and a shared commitment to implement them. However, in social life, the achievement of equality in the dignity of women has not shown significant progress. The issue of human rights and women has not been taken seriously by the state. The research method used is descriptive-analytical. This study indicates that the dominant factors of sexual violence against women are patriarchal culture, male privileges, and permissiveness. The main reason women victims of sexual violence do not report is the public’s bad stigma about victims of sexual violence. Assertive training can help women and victims of sexual violence to have the courage to refuse and express their feelings in the right way. The suggestion from this research is that there must be mutual respect and care between men and women
THE ROLE OF THE PUBLIC PROSECUTORS IN PROVIDING LIFETIME CRIMINAL PROSECUTIONS AGAINST THE CRIMINAL ACTS OF VIOLENT THEFT (STUDY OF GORONTALO PROSECUTORS OFFICE) Yusrianto Kadir; Roy Moonti; Ririn Lihawa
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

According to article 365 paragraph 4 of the Criminal Code, criminal sanctions for life for the defendant are expected to provide a deterrent effect, but on the contrary, based on the facts on the ground, the purpose of implementing this article has not been effective because the crime of theft with violence is still rife. The purpose of writing in this study is to find out the role of the public prosecutor in giving lifelong criminal charges to the perpetrators of the crime of theft accompanied by acts of violence, the study of Gorontalo Prosecutor's Office, and what factors hinder and encourage public prosecutors in providing life imprisonment against perpetrators of the crime of theft with violence. Study of Gorontalo Prosecutor's Office. The type of research used is empirical research which is a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior through direct observation. The role of the Gorontalo District Attorney in the case of theft with violence can be divided into 3 (three) things, namely the normative role, the ideal role and the factual role, then the obstacles faced were limited to the uncooperative attitude of the defendant, while in substance the implementation of the demands was encountered, namely at the coordination stage. with the leadership within the Gorontalo City Public Prosecutor's Office.
An Analysis on the Dual Role of Working Mothers in the Era of Pandemic Covid-19 Cahyanti Puspaningsih
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The Covid-19 pandemic has suddenly changed the order of life of the global community. One of them is the family environment, where working mothers experience an increased dual role while at home. This study aims to analyze the dual role strategies of working mothers in the midst of the Covid-19 pandemic. This type of research is qualitative research using a case study approach. The results show that the Covid-19 pandemic has caused changes in the family environment. Working mothers not only experience an increase in workload, but also an increased risk of emotional disorders such as stress or fatigue due to activities everything is done at the same time as the impact of the implementation of work from home and study from home which makes home the main basis for its implementation. The dual role strategy of working mothers to deal with these conditions is to divide roles with husbands, apply a priority scale by compiling detailed items work systematically, and rearrange or reschedule all activities carried out while at home.
Embedding Anti-Corruption Values in Citizenship Courses at Budi Darma University Medan Sumiaty Adelina Hutabarat; Henry Kristian Siburian
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Corruption is a contagious disease that is very dangerous and is a serious problem in every government in the world, and is not only a regional problem, but has become an international problem. Corruption spreads to educational institutions, including universities. The purpose of this study is that anti-corruption values ??in the Citizenship course for students at Budi Darma University will determine the success of students in the future as the next generation of the nation. So that it can foster the spirit to work honestly, responsibly and fairly. This study uses a qualitative approach with data collection techniques using questionnaires to provide students with an understanding of anti-corruption values ??in the Citizenship course
Return of State Money in Court Decisions Against Criminal Acts of Corruption Sartono Gurning; Amshori Amshori
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

One of the fundamental issues that is very important and becomes a deeper concern in eradicating corruption is how to recover lost state losses as a result of acts of corruption, whether carried out by individuals or corporations. The phenomenon that has occurred so far is that the eradication of corruption that is carried out can only save 10-15 percent of the total money being corrupted

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