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[BPJS Membership as The Terms for The Transfer of Land Rights Registration Due to Sale and Purchase by a Limited Company ]]>
<![CDATA[Choirunnisa Aprilita Andan]]>;
<![CDATA[Fransiscus Xaverius Arsin]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Land rights can be granted to individual legal subjects (natuurlijk person) and legal entities (Recht person). BPJS membership as a term for the transfer of land rights registration due to sale and purchase made by Limited Company after the issuance of Presidential Instruction (Inpres) Number 1 of 2020 about the Optimization of Jaminan Kesehatan Nasional (known as JKN, the national health insurance) Implementation. The focus of this research is the implementation of the BPJS membership requirement for transfer of land rights registration due to sale and purchase that is applied for Limited Company. The method used in this research is juridical normative and literature reviews on relevant legal literature. The result of this research shows that BPJS membership is also applied as the terms for Limited Company as the purchaser. The required BPJS membership attached is owned by the member of the Limited Company who is appointed as the representative of the Limited Company.]]>
<![CDATA[Execution of Scriplee Shares Secured in Fiduciary Security Following the Enactment of The Constitutional Court Decision Number 18/PUU-XVII/2019 ]]>
<![CDATA[Sabrina Fauzanazila]]>;
<![CDATA[Mohamad Fajri Mekka Putra]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
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<![CDATA[Shares, as one of the securities traded on the Share exchange, can be issued in scripless form and the transaction settlement shall be carried out using book-entry settlement. The ownership of the scripless Share shall be evidenced in an electronic form, i.e. the ownership account at The Indonesia Central Securities Depository (KSEI) as the Depository and Settlement Institution in the Indonesian Capital Market. As a movable object, shares can be used as debt collateral, one of which mechanism shall use fiduciary security. However, In a fiduciary security system, the control of such collateral remains with the fiduciary grantor. In terms of scripless Share collateral, KSEI will block the pledged shares in KSEI’s account, therefore, the shareholder shall have no longer control over such shares. The position of the fiduciary grantee is prioritized over other creditors due to the executorial power deemed having the same legal force as a legally bound court decision. However, following the enactment of the Constitutional Court Decision Number 18/PUU-XVII/2019 regarding the judicial review of Law No. 42 of 1999 concerning Fiduciary Guarantees, there is a provision that any fiduciary execution cannot be carried out without an agreement among the parties regarding the default by the borrower. The method used in this research is descriptive-analytical using a normative juridical approach bu utilizing secondary data i.e. regulations in capital market, fiduciary security and Constitution Court Judicial Review Decree.]]>
<![CDATA[Juridical Review on Police Repressive Action in Wadas Village National Strategic Project ]]>
<![CDATA[Hanifah Nur Ramadhanti]]>;
<![CDATA[Dini Mardhatillah]]>;
<![CDATA[Reyhana Nabila Ismail]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i3.292
<![CDATA[Non-violence right has been guaranteed by some regulation. However, in fact, many acts of violence are conducted by law enforcers, in this case the police, such as the cases of Wadas Village. This inspires authors to conduct research on repressive law enforcement that has violated procedures. The research method used is empirical juridical with an statue approach and a case approach. The results of this study indicate that many arbitrary arrests were accompanied by violence during the PSN implementation in Wadas Village. Executions conducted at Wadas must refer from procedural aspects so that they are in line with the protection of human rights. therefore, authors conclude there is need strict sanction from the Police to members who violate human rights. Meanwhile, the victim can apply to LPSK for compensation.]]>
<![CDATA[The Juridical Analysis Of Conventional Or Electronic Procurement Of Goods And Services And The Role Of Government Supervisory Agency ]]>
<![CDATA[Yardie David Roringkon]]>;
<![CDATA[Yayan Hanapi]]>;
<![CDATA[Leni Nurmala]]>;
<![CDATA[Yusrianto Kadir]]>;
<![CDATA[Ibrahim Ahmad]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Procurement of goods and services through electronics (e-procurement) is a system that can be applied because it is more transparent, effective and efficient when compared to the conventional system of procurement of goods and services (face to face). In this article the author limits the study of the effectiveness of the application of law to the procurement of goods/services by the government which is carried out through conventional and electronic methods. In this paper, using a normative juridical method, namely analyzing the enactment of the rule of law and then describing it systematically. The current legislation regarding the procurement of goods and services through electronics can be said to be ineffective because the legal regulations have not specifically regulated this matter, both in substance and in technical implementation. So it is necessary to immediately establish a law that regulates the procurement of goods and services through electronics (e-Procurement). This regulation will be the basis for implementing e-Procurement, given the increasingly complex problems in the procurement of goods and services, these regulations continue to be adjusted and changes and improvements are made, both in terms of substance and technical supporting regulations.]]>
<![CDATA[Delegated Legislation In Nigeria: Taming the Wilddog While it’s Still Early ]]>
<![CDATA[Kingsley Osinachi N. Onu]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
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DOI: 10.35335/legal.v11i3.312
<![CDATA[Separation of power is strong pillar of a democratic government in the world. All arms of government are expected to confine themselves to their traditional responsibilities under the law. However, modern day realities have shown that a strict adherence to this sacred principle have the tendency to grid a government to a halt. Delegated legislation is the statutory donation of law making power to a person, organ or institution other than the legislature. This practice eases of huge legislative burden on the legislature, and it is an acceptable practice globally. This paper uses a desk-based approach to examine delegated legislation in Nigeria. The paper considers the concept of power and delegation; origin of delegated legislation; arguments for and against delegated legislation; publication and control of delegated legislation in Nigeria. The paper finds that a challenge associated with the growing pace of delegated legislation in Nigeria is the possible threat to the legitimacy to legislative enactments. It further finds that there is the challenge of control of delegated legislation in Nigeria due to the absence of a formal law on rule making like the Statutory Instruments Act, 1946 of England. It concludes by recommending that a law be enacted which will detail the guideline for the making of delegated legislation with strict provisions on scrutiny by the legislature or its committee.]]>
<![CDATA[Analysis Of President Joko Widodo's Government Performance Using A Philosophical Approach Of Public Administration ]]>
<![CDATA[Naufal Noor Rochman]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i3.315
<![CDATA[This paper has the intention to know how public philosophy affects public administration in building governance and better state relations with society in the future. For this reason, an analysis of President Joko Widodo's Government Performance from Year 2019 to 2024 is conducted with a philosophical approach to the axiology of public administration science. The result of the discussion is that public philosophy will improve public administration quality through public inter-dependency, public learning, and public language, which create dynamic public space and encourage public involvement and participation so that the public understands the complexity of public policy. Furthermore, increasing public understanding encourages state relations with society to be better in supporting the success of governments in building state governance in the future.]]>
<![CDATA[Living Hadith: The Role of Husband and Wife in Family Law ]]>
<![CDATA[Moh. Hafid]]>;
<![CDATA[Umi Sumbulah]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i3.322
<![CDATA[In fostering a family, of course, husband and wife both have rights and obligations in playing their role. It's just that sometimes, each party does not fully understand each other's wars. So that what happens results in the erosion of the integrity of a family. This is more in the selfish attitudes that arise when problems occur. The husband proudly assumes that he has full power over his wife so that he must treat her badly. So the wife, sometimes always demands and blames her husband for not being able to provide all his needs and desires. Whereas in the words of the Messenger of Allah it is very clear that the husband has a role as a good leader, is responsible and must be understanding. His wife also as the leader must always obey and take care of household affairs as well as possible. This study uses library research with a living hadith approach. The results achieved are that there are four patterns of husband and wife roles: 1) Senior-Junior Partner pattern, 2) Equal Partner Relationship, 3) deliberation pattern and 4) maintenance and protection pattern.]]>
<![CDATA[Control of Delegated Legislation in Nigeria: a myth or a reality? ]]>
<![CDATA[Kingsley Osinachi N. Onu]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i3.329
<![CDATA[It is a common saying that power corrupts and absolute power corrupts absolutely, so is the case with delegated legislation. The legislature sometimes delegates its law making power(s) statutorily to the other arms of governments/institutions or persons to aid ease of governance. The delegate, therefore, handles the deals of the power delegated with a touch of expertise and skill. This paper uses an armchair research approach to examine the control of delegated legislation in Nigeria. The paper finds that there is a challenge of control of delegated legislation in Nigeria due to the absence of a formal law on rule making like the Statutory Instruments Act, 1946 of England. It concludes by recommending that a law be enacted which will detail the guideline for making delegated legislation with strict provisions on scrutiny by the legislature or its committee.]]>
<![CDATA[Apathy of the Obligation to Provide Public Cemetery Facilities in Residential Areas in West Lombok Regency ]]>
<![CDATA[Habibi]]>;
<![CDATA[I Putu Pasek Bagiartha W]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i3.331
<![CDATA[The purpose of this study is to analyze the legal basis for the responsibility for providing funeral facilities in a residential area in West Lombok Regency and the legal force of a housing contract that does not include arrangements regarding rights to public facilities in the form of burial ground . The research used is juridical empirical. The legal basis for regulating the right to a funeral departs from the state's responsibility to provide a proper place to live according to Article 28H Paragraph (1) of the 1945 Constitution and reaffirmed in Law Number 1 of 2011 which is specifically described in Article 9 of the Regulation of the Minister of Home Affairs. Number 9 of 2009. The developer's absence of an obligation to provide a public cemetery area violates the provisions of the sale and purchase contract between the consumer and the housing developer. The cause of the violation of the obligation to provide a burial area by the developer is due to socio-economic considerations and convenience as well as marketing needs, so that it will have an impact on the potential for social conflicts experienced by residents of housing with villagers in the location where the housing is built.]]>
<![CDATA[Technological Advancement In The Society 5.0 Era For Notary In Indonesia: Glory Or Obsolete? ]]>
<![CDATA[Agustini]]>;
<![CDATA[Nurlaily]]>;
<![CDATA[Triana Dewi Seroja]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
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DOI: 10.35335/legal.v11i3.333
<![CDATA[The development of the legal profession is changing at an extraordinary speed, such as in the field of technology. The legal needs in society will be met by new entities, including technology companies that provide document creation systems and artificial intelligence systems to support legal services. But in the era of society 5.0, with digital advances and the emergence of artificial intelligence machines and big data, this eventually led to a change in the perspective and way of individuals in terms of law, which turned into an "alarm" for disruption to the legal profession, especially advocate offices. notaries, including courts, which at first were often ignored because of the emergence of artificial intelligence. This study aims to answer how the legal profession, especially the notary position, is associated with technological developments in the era of society 5.0. The research method used is normative juridical, in which the researcher examines this research by applying secondary data. The study of secondary data means the collection/study of data through literature studies, in the form of written regulations, books and journals. The author explores previous studies that discuss artificial intelligence in notary positions. The author also sees the latest developments in "competition" between the human legal profession, especially in the notary position and artificial intelligence. More sophisticated technology will replace something technological in nature, so the legal profession whose legal method is mechanical will be replaced by artificial intelligence that is faster and more accurate]]>
