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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
Normative Review of Legal Liability for Notaries or Officials of Land Deed Makers in Falsification of Land Rights Transfer (Case Study of Land Transfer Rights Belonging to the Actress Nirina Zubir Family) su beto; Pieter Latumeten
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The legal fact of the Nirina Zubir case is that there was a transfer of land rights belonging to her mother by her household assistant. The process of transferring rights which was allegedly carried out by elements of the land mafia made researchers interested in studying more deeply. The involvement of the land deed maker/notary in this case is because the perpetrator changes the name of the deed and sells the deed by buying and selling with a sale and purchase deed made before the PPAT. The existence of a Notary/Official Making Land Deed is very important in order to create legal certainty over land rights owned. In carrying out the functions and positions of a notary, it is regulated in the notary code of ethics in accordance with applicable laws. This research uses normative research methods. The data used are primary data and secondary data. Notary/Land Deed Making Official who makes an authentic deed on land with a process that is not in accordance with applicable regulations and has the potential to harm other parties may be subject to sanctions in the form of administrative sanctions, civil sanctions and criminal sanctions. The imposition of sanctions on the Notary/PPAT is expected so that in carrying out his work the Notary/PPAT must be more careful and thorough so as not to harm the parties with an interest in the deed.
The Role of Balai Harta Peninggalan as Curator in The Management and Settlement of Bankrupt Assets F. Sekar Widiarini; Teddy Anggoro
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

When an application for Bankruptcy occurs by the Debtor or Creditor, as well as the parties authorized to file a bankruptcy application, the role of the Curator is needed as the administrator and performs the settlement of the bankruptcy estate. In Law Number 37 of 2004 concerning Bankruptcy and Postponement of Obligation for Payment of Debt, it provides a definition that the Curator is the Balai Harta Peninggalan or an individual who is appointed by the Court to manage and settle the assets of the Bankrupt Debtor under the supervision of the Supervisory Judge. In current practice, the role of Balai Harta Peninggalan as Curator in Bankruptcy seems to have diminished since the emergence of the role of Private Curator. In order to use the services of a Curator, the appointment of a Curator to manage and settle the bankruptcy estate may be requested by the Debtor or Creditor in Bankruptcy for appointment. However, when the Debtor or Creditor does not apply for the appointment of a Curator to manage and settle the bankruptcy estate, the Supervisory Judge will appoint the Curator from the Balai Harta Peninggalan to manage and settle the bankruptcy estate belonging to the Bankrupt Debtor. As a result of this arrangement, the role of Balai Harta Peninggalan as Curator becomes noticeably limited, because only when the Debtor or Creditor does not apply for the appointment of a Curator, the role of the Balai Harta Peninggalan as Curator will emerge. So, in this paper, the writer wants to know how the role of Balai Harta Peninggalan is in managing and settling bankrupt assets, which later can be the basis for deciding whether to use the services of Balai Harta Peninggalan as Curator or the services of a Private Curator in the management and settlement of bankrupt assets.
Implications of Postponed General Election on the Term of Office of the President and Vice President in Indonesian Statehood Rayhan Naufaldi Hidayat; Abel Parvez
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study discusses the postponement of the general election and its implications for the terms of office of the President and Vice President in terms of Indonesian constitution. The purpose of this study is to examine the constitutionality of postponing the general election and its correlation with the term of office of the President and Vice President in the constitution. The research method used is normative legal research through a statutory approach. The results of this study indicate that postponing general elections when the state is in normal conditions is contrary to the constitution and has violated democratic principles. However, the postponement of the general election may occur if the country is in a state of emergency. The constitution itself has not yet regulated it, thus creating a legal vacuum that leads to ambiguity in the positions of President and Vice President. Therefore, this research provides a solution so that state sovereignty is maintained and constitutional democracy is not injured
Citizen Charter Model on Population and Civil Registration Services in Merauke Regency Fransiskus E.S Kamijai
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The Citizen Charter is a new approach model in public services that place service users as the center of attention or the most important element. In essence, a Resident contract is needed to provide service certainty which includes time, costs, procedures, and service methods, and to provide information on the rights and obligations of service users, service providers, and other partners in the overall expositions of service delivery . Thus, it can make it easier for service users, residents, and other partners to control service delivery practices and make it easier for service management to improve service delivery performance. This study aims to explain the citizen charter model in population services in Merauke Regency by referring to the citizen charter elements. This study uses a descriptive qualitative approach. Data was collected through interviews, observation, and documentation studies. Data processing and analysis techniques were carried out by data reduction, data display, and conclusion drawing/verification. Determination of informants using a purposive sampling technique. The results of the study show that the Citizen Charter model for Population Services in Merauke Regency, in general, has fulfilled the elements contained in the service contract which are: 1) Implementation of the service vision and mission; 2) There are service standards that serve as guidelines; 3) There is a service flow that is used as a service direction or guide; 4) Units or sections of complaints that do not specifically exist but in practice all existing units can carry out these functions.
The Guarantee of Legal Certainty on The Issuance of A Building Use Land Rights Certificate (Case Study of The Decision of The State Administrative Court Number 30 / G / 2016 / PTUN. SMD) Harum Bunga Salni
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Article 19 Paragraph (1) of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles instructs the government to carry out land registration activities throughout the territory of Indonesia in order to ensure legal certainty. The registration activity includes the provision of certificates of proof of rights that are valid as a strong evidence, which in this case is a certificate of land rights. However, in practice, the effectiveness of certificates in providing legal certainty and protection is still often questioned. In connection with this, there is a case raised by the author, namely a lawsuit by AM on the validity of the certificate of Hak Guna Bangunan on behalf of PT. KRA issued by the Balikpapan City Land Office. The problem in this research is how to guarantee legal certainty for the issuance of the certificate of Hak Guna Bangunan on behalf of PT. KRA? And how is the decision of the State Administrative Court Number 30/G/2016/PTUN.SMD in accordance with the provisions of the National Land Law? To answer these problems, a normative juridical research was conducted on the legal rules of land registration in Indonesia and the concepts of legal certainty. Data processing is carried out qualitatively and conclusions are drawn using a deductive mindset. The conclusion of the research is legal certainty over the issuance of a certificate of Hak Guna Bangunan on behalf of PT. KRA can be realized because of the efforts of legal discipline, both from PT. KRA as a legal entity and the Land Office as a representative of the government.
Analysis The Deed of Sale and Purchase Shares Pretends and Its Consequences on The Strength of The Deed Raissa Anjani; Sri Laksmi Anindita
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

In carrying out the sale and purchase of shares, Notary should ensure that the procedure for the transfer of shares is carried out in accordance with the law, because it can result the validity of the deed made by Notary. As happened in the case in Court Decision No. 1681 K/Pdt/2017, the Judges decided that the Deed of Sale and Purchase made by Notary was a fake deed. In this case, Notary also does not ask for proof of payment of the purchase of shares, so it is said that Notary does not apply the precautionary principle. What can make a Deed of Sale and Purchase as a fake Share Purchase Deed and what are the consequences fot the legal force of the deed are two problem formulations to be analyzed based on juridical research methods and qualitative analysis. From the results of the study, it was found that several factors caused a Deed of Sale and Purchase of Shares to be declared as a fake deed which then affected the legal force of the deed.
Legal Status of Business Entities on the Merger of Subsidiaries of BUMN into BUMN (Case Study of Indonesian Sharia Bank) Andriana Kusumawati; Gunawan Nachrawi; Misbahul Huda
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The background of the research was the merger process of three sharia banks, subsidiaries of BUMN, namely BRIS, BSM, and BNIS into one business entity, Bank Syariah Indonesia (BSI). This is done by the Government for BSI to become the world's Top 10 and Indonesia to become the World Halal Center. The research is to analyze the position of PT Bank Syariah Indonesia as a subsidiary of BUMN on separated state assets and the status of BSI's legal entity in order to become a BUMN through State Equity Participation (PMN). The normative juridical research method is presented with a systematic description and qualitative analysis. The results of the research that BSI as a subsidiary is not included in the separated state assets. BSI is still a subsidiary of a BUMN because there is no direct capital investment from the state, so there needs to be a PMN so that BSI becomes a BUMN. There are two ways of PMN, by reducing the state capital of the three SOEs by the amount of shares or capital in BSI so that the shares become direct capital from the State in BSI. The second method is to inject Series A Dwiwarna Shares into BSI so that the State has special rights over BSI.
Assessment of Electronic Ticket Law (ETLE) Against Four-Wheeled Road Users in the Area of the Traffic Directorate of Polda Metro Jaya Erika Kusuma Rahmadany; Feny Windiyastuti
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Users of four-wheeled vehicles in everyday life can have a negative impact, namely traffic jams and accidents, requiring law enforcement efforts by using an electronic ticket or called ETLE. The application of ETLE is a new thing in traffic law enforcement at the Traffic Directorate of Polda Metro Jaya. the enactment of electronic ticketing can provide fast and effective service so as to provide convenience in resolving traffic violations. Electronic Traffic Law Enforcement is the implementation of technology to record violations in traffic electronically to support security, order, and safety. ETLE provides a guarantee of the application of the law for all parties participating in traffic, especially four-wheeled motorists. The electronic ticket does not present officers in the field but monitors through a monitoring camera, later traffic riders who violate will be told what the sanctions in accordance with the violation are made through a letter sent to the address of the violator.
Legal Consequences of The Nominee Agreement Law in The Ownership of Land or Buildings by Foreign Nationals Gaung Aydakarina Chusnul Khotimah
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Along with the times and along with the current investment climate in Indonesia, the practice of Nominee Agreements is carried out secretly, not only in the case of Limited Liability Companies but also in cases of land or property.  The prices of land and property in Indonesia are getting higher and higher.  This increasingly attracts the upper middle class to buy and sell property or land for investment purposes.  This investment can bring its own advantages for investors.  The practice of the Nominee Agreement occurs when a foreigner who travels or who stops in Indonesia is then interested in owning the land or property, he will practice borrowing his name or nominee from relatives or family who are Indonesian citizens.  The Indonesian person borrowed his name to be written in a land certificate to trick the government so that it would not be discovered that the original owner was a foreigner.  property field.  Individual Indonesian Citizens whose names are used are not always from relatives but can also be from husbands or wives who are married or have mixed marriages between Indonesian Citizens and Foreign Citizens.  This can have an impact on the name of the asset ownership listed in a certificate of title to a land or property.  The nominee agreement has never been justified by Indonesian law, because it is contrary to the philosophy of the Basic Agrarian Law.
Notary Roles and Liabilities Related to The Delivery of Information About the Beneficial Owners of Limited Liability Companies Rama Prima Yoga; Rouli Anita Valentina
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

In the event of participating the Financial Action Task Force recommendation, Indonesian Government issued Peraturan Presiden Nomor 13 Tahun 2018 on the Penerapan Prinsip Mengenali Pemilik Manfaat atas Korporasi dalam Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang dan Tindak Pidana Pendanaan Terorisme which required limited company to deliver the information regarding beneficial owner. In relation of this issuance, there are 2 significant problems that we can study further. Firstly we can look at the regulation on delivering the information of beneficial owner of a limited company. Second, how is the role and obligation of Notary regarding the delivery of the information. This research is made by using a juridical normative method with secondary data consisted of primary law substance and secondary law substance as the base of the research. Based on this research, we can conclude that Limited Company must apply the principle of recognizing its beneficial owner. Notary has an important role in delivering the information on the beneficial owner of the company. But, Notary do not have the responsibility for the factual integrity of the beneficial owner that is provided by the company. With that in mind, it is better to apply a strict penalty or sanction for limited company that violates the regulation. Other than that, socialization on the practice of Peraturan Presiden Nomor 13 Tahun 2018 will be beneficial for the limited company.

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