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[Representation Of Legal Assistance Against The Criminal Action Of Murder In Tulehu In The State Court Of Ambon, Indonesia ]]>
<![CDATA[Fauziah Rahawarin]]>
<![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.v11i3.391
<![CDATA[This study aims to represent legal assistance to the accused of the crime of murder in Tulehu which was tried at the Ambon District Court. This type of research is a qualitative research. There are two types of research data, namely primary data and secondary data. Primary data is the main data in the form of interviews with informants, while secondary data is documentation data that supports the research results. This research technique includes three stages, namely, the process of (1) reduction, (2) presentation, and (3) drawing conclusions. The results of this study concluded that 2. The protection of the rights of the accused of the crime of murder in Tulehu is not in accordance with the rule of law. The service for granting the rights of the accused through legal assistance provided to the accused of the crime of murder in Tulehu is not in accordance with the rule of law, this is because law enforcers in the sense of prosecutors and judges have not optimally carried out trial procedures according to the directions or instructions in the Criminal Procedure Code and the law. the law in order to create justice in maintaining the rights of the defendant. The prosecutor did not provide complete proof of the guilt of the defendant in the Tulehu murder crime in the facts of the trial, thus affecting the rights of the accused in order to obtain legal certainty and a sense of justice]]>
<![CDATA[Optimization Of The State’s Role In Facing The 2019 Coronavirus Disease Pandemic From The Perspective Of Emergency Constitutional Law ]]>
<![CDATA[Firman Freaddy Busroh]]>;
<![CDATA[Fatria Khairo]]>
<![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.v11i3.392
<![CDATA[Since the end of 2019, WHO has determined that Covid-19 is a pandemic that attacks the world. This pandemic resulted in a health emergency, which had a bad impact on various sectors, including the financial sector, so the economic situation became unstable. The purpose of this research is to see how the role of the state in overcoming the problems of the Covid-19 pandemic from the perspective of emergency constitutional law. This research will be carried out using statutory, conceptual, and comparative approaches. The data used in this study came from the results of a literature study. The results of this research will be in the face of the covid-19 pandemic, the application of emergency constitutional law is a responsive and progressive step. This function is to provide guarantees and achieve the ideals of the rule of law, which is to provide protection and welfare for the community as the highest law in a country.]]>
<![CDATA[Development Of The Idea Of Criminal Individualization Of The Development Of Female Inmates ]]>
<![CDATA[Suriyadi]]>;
<![CDATA[Rayhani]]>;
<![CDATA[Candra Kusuma Negara]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The purpose of this study is to find out how to regulate the idea of criminal individualization in laws and regulations and analyze its implementation in the development of female prisoners in prisons, as well as the development of the concept of criminal individualization in the future. Research is carried out in descriptive analytics with normative and sociological juridical approaches to examine the abovementioned points. Data collection is carried out through field research and documentary research. Data analysis is carried out qualitatively. The results showed that the development of female prisoners based on criminal individualization had not been fully implemented as stipulated in Article 12 of Law No. 12 of 1995 concerning correctional services. This is due to the minimal capacity of the jail, the lack of facilities and infrastructure, and the lack of human resources. For this reason, in the future, it is necessary to develop the idea of criminal individualization in the development of female prisoners in the form of prison buildings increased and adjusted to the capacity of prisoners, methods and conditions or programs of coaching that are following the learning needs of prisoners, improving the quantity and quality of prison officers, the role of the community and private parties in the development of prisoners and the existence of open prisons. It is hoped that the Ministry of Law and Human Rights policy will add qualified prison officers under the required fields. In addition, it is necessary to build women's jails in each province, and there needs to be cooperation between the government and the private sector in developing prisoners. It also requires volunteers to guide and train ex-convicts to live independently. Prisoners whose sentence is less than 1 (one) year can be placed in open prisons or work in government or private institutions. It is necessary to build special narcotics correctional institutions and rehabilitation centers]]>
<![CDATA[Effectiveness of Simple Patent Protection Based on Traditional Knowledge of Creative Economic Products ]]>
<![CDATA[Saddam Syahbani Nasution]]>;
<![CDATA[Erika Lismayani]]>;
<![CDATA[Candra Kusuma Negara]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The influence of technological developments has been tremendous on daily life in recent years, and the product is very rapid. These developments are not only supported by high technology, such as computers, electricity, telecommunications and biotechnology but also in the fields of mechanics, chemistry and others. In fact, along with that, awareness is also increasing to increase the utilization of simple technology. Indonesia already has a law that specifically provides legal protection for inventors in various fields of technology; the law in question is Law Number 13 of 2016 concerning Patents. The law also manifests Indonesia's commitment to implementing the Agreement Establishing the World Trade Organization, which contains the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which regulates patent issues. It is hoped that with the enactment of the Patent Law in Indonesia, public legal awareness about understanding Patents, especially Simple Patents, will be higher. To optimize it, efforts need to be made to encourage the public to produce inventions to be patented so that people can experience the economic benefits of simple patents based on traditional knowledge. Patents can protect the cultural diversity and traditional knowledge we have to advance Indonesia's economic growth level. Our traditional knowledge can become a creative economy, understanding the monetary value of this traditional knowledge that we have not optimized. Indonesian conventional version must be developed and empowered sustainably so that Indonesia can compete globally.]]>
<![CDATA[Woong Rame Beach Marketing Communication Strategy In Increasing Tourist Intensity ]]>
<![CDATA[Alfan Syihab]]>;
<![CDATA[Muhammad Alfikri]]>
<![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.v11i3.397
<![CDATA[This study aims to determine the marketing communication strategy of Woong Rame Beach in increasing the intensity of tourists. In this digitalization era, marketing communication has changed its strategy. This causes the management of Woong Rame Beach to revise the strategy so that tourists can afford it. This study uses a qualitative method with a descriptive approach. The data collection techniques used are interviews, observation and documentation. This study shows that Woong Rame Beach uses a sales call technique, namely direct visits to the government's target market, several companies, schools, communities, and communities. Then, sales blitz (direct door to door visits) digital marketing, exhibitions, and brand collaboration. This technique is considered quite effective because of the increase in the intensity of tourists.]]>
<![CDATA[The Effectiveness Of The Ite Law In Handling Hate Speaking Through Social Media In Batam City ]]>
<![CDATA[Elan]]>;
<![CDATA[Situmeang Ampuan]]>;
<![CDATA[Junimart Girsang]]>
<![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.v11i3.398
<![CDATA[The results of this study explain that the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions is a form of embodiment of the responsibility that must be carried out by the State, to provide maximum protection for all activities using technology. information and communication to be well protected from potential crime and misuse of technology. Such is the rapid development and progress of information technology, which is one of the causes of changes in human life activities in various fields which have directly influenced the birth of new forms of legal action. For this reason, it is hoped that it is hoped that law enforcement officials should need to improve understanding and performance among law enforcement officers in preventing criminal acts of spreading suspected unlawful acts on social media and to the competent government it is necessary to increase resources and facilities and infrastructure in preventing acts that are illegal. can be detrimental to others due to social media. And for the public to be more careful and smarter in internet media, especially social media and it is not easy to spread information that is not yet clear, then people can become smart and wise internet users so that it does not cause problems in internet use]]>
<![CDATA[Implementation Of Criminal Fines On State Financial Recovery In Violations Of Criminal Acts Of Excise To Support The Achievement Of Sustainable Development Objectives ]]>
<![CDATA[Mega Tri Astuti Z]]>;
<![CDATA[Lu Sudirman]]>;
<![CDATA[Junimart Girsang]]>
<![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.v11i3.399
<![CDATA[The results of this study indicate that criminal liability for the crime of selling excisable goods that are not attached to excise stamps is carried out by Saman actors based on the decision of the Batam District Court number with Case Number: 956/Pid.Sus/2017 /PN.Btm dated February 7, 2018 which is wrong One of the rulings handed down which reads as follows: To declare that the defendant SAMAN has been legally and convincingly proven guilty of committing a crime as regulated and is punishable by a criminal offense in the Single Indictment in violation of Article 54 of Law Number 39 of 2007 concerning Amendments to Law Number 11 of 1995 regarding Excise and Imposing a criminal sentence against the defendant SAMAN in the form of a fine of Rp. 332,320,000,- (three hundred and thirty-two million three hundred and twenty thousand rupiah); provided that if the fine is not paid, it must be replaced with a prison sentence of 1 (one) year, this proves that the deterrent effect for perpetrators of criminal acts in the economic field is not fully imprisoned, and the interest of returning state losses due to violations that have been committed is more effective and efficient in order to restore leakage of state revenue resulting from the crime of selling cigarettes without being attached to excise stamps]]>
<![CDATA[Legal Standing Of Branch Offices Of A Limited Company ]]>
<![CDATA[Nadila Manda Sari]]>;
<![CDATA[Annisa Nurul Husna]]>;
<![CDATA[Salsabila Yasmin]]>;
<![CDATA[Rafinsyah Adhimulya Himawan]]>;
<![CDATA[Mirza Fuqaha Sayyidin Ganing]]>
<![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.v11i3.400
<![CDATA[In creating a Limited Liability Company in Indonesia, the founder of the company seek to use economic principles as much as possible, one of which is opening a location close to raw materials, labor, or consumer markets in order to broaden the scope of their operations. As a result, the head office created branch offices in several areas. This study seeks to determine the legal standing of a limited company's branch offices. The branch office is directly accountable to the head office, hence the head office is responsible for all actions and legal consequences that result. In that instance, the legal standing of the branch office will follow that of the main office, and the branch office will not be able to stand on its own legally.]]>
<![CDATA[Analysis of the implementation of village fund management policies in Hutapadang Village, South Tapanuli Regency ]]>
<![CDATA[Mualim Hasibuan]]>;
<![CDATA[Elfi Syahri Ramadhona]]>;
<![CDATA[Nur Hakima Akhriani Nasution]]>;
<![CDATA[Martua Siregar]]>;
<![CDATA[Fitri Romatio Lubis]]>
<![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.v11i3.401
<![CDATA[This study aims to analyze the implementation of village fund allocation management (ADD) policies on development in Huta Padang village, South Tapanuli Regency. This study aimed to determine the differences in village fund management policies before and after the village fund management policy regarding the means of mobilizing access to transportation, public services, and income levels in Hutapadang Village, South Tapanuli Regency. The type of research used is qualitative research. The sampling technique used was the purposive sampling technique. The data collection method was carried out by in-depth interviews. Data analysis was carried out using an interactive analysis model analysis. The study’s results showed that the village fund policy implementation went quite well. Factors that support the success of the communication dimension are program socialization and information about optimally running Village fund management. In other aspects, namely the bureaucratic structure, coordination between implementers is quite intensive; the relationship is collaborative between policy actors or implementers. The inhibiting factor arises from the resource dimension due to the limited budget of village funds for community empowerment in South Tapanuli Regency, so empowerment activities have not been carried out to improve rural communities’ welfare.]]>
<![CDATA[Notary Criminal Liability against Authentic Deals Indicated to Criminal Actions (Case Study of Field High Court Decision Number: 82/PID/2010/PTMDN) ]]>
<![CDATA[Zico Ricardo Aritonang]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The Law on Notary Positions does not at all contain the concept of notary criminal responsibility. Whereas in practice in the field it is often found that a legal action or violation committed by a notary related to the authentic deed he made is qualified as a criminal act. criminalizing a notary by applying the articles of the Criminal Code without being preceded by an in-depth study of the concept of criminal liability of a notary is an act that cannot be justified scientifically and juridically. Therefore, efforts to formulate the concept of criminal liability of a notary is an important step that must be taken to avoid the symptoms of arbitrary criminalization of a notary as a public official.]]>
