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HENGKI TAMANDO
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+6281260574554
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legalbrief@isha.or.id
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INDONESIA
LEGAL BRIEF
Published by Ihsa Institute
ISSN : 1979522X     EISSN : 27224643     DOI : -
Core Subject : Social,
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 114 Documents
Search results for , issue "Vol. 11 No. 5 (2022): Desember: Law Science and Field" : 114 Documents clear
Legal Politics for the Establishment of DKI Jakarta Province Regional Regulation No. 2 Year 2020 about Covid-19 Rahmat Ilhamdani
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Health is a fundamental and invaluable human right for the implementation of other human rights. Therefore, the right to health should be respected and implemented by the state as one of the fundamental rights. The state's obligation to provide protection for the right to health owned by all citizens is in line with what is stated by WHO, namely the state in this case the government has a responsibility for the health of its citizens. Establishment of Regional Regulation No. 2 of 2020 concerning Covid-19 from the point of view of legal politics is that Law Number 2 of 2020 is the ratification or stipulation of Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the COVID-19 Pandemic and in the Context of Threats That Endanger the National Economy or Financial System Stability into Law.
Responsibility of Land Deed Officials for False Information on The Selling Buying Deed (Case Study Court Decision No Number 66/PDT.G/2016/PN TSM) Vanessa Angelina; Mohamad Fajri Mekka
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

There is a lawsuit starts from the debt of the seller to the buyer of IDR 720,000,000 (seven hundred and twenty million Rupiah). From the proceeds of the debt, the seller guarantees the land to the bank under the name of the buyer, with the sole purpose of returning the land when in is paid off. Over time the land was not returned and the seller filed a lawsuit against the buyer. The official who made the land deed who made the Sale and Puchese Deed also become a Co-Defendadnt to be held accountable for the Sale and Purchase Deed Number 401/2012 dated August 8, 2012. To answer this problem, the author uses the normative juridical method. From the results of this study, it shows that the official making the land deed in making the Sale and Puchase Deed has done it legally and is not responsible for the false information. the official making the land deed is only responsible for formal and material data and applies the precautionary principle.
The Protection Law to Consumers for The Right to Get Information from Imported Product Berlian; Permai Yudi
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

The existence of a free market, makes the faucet of commerce between countries wide open. Business actors are increasingly competing to produce highly competitive goods and services. It is expected to be able to compete on a global scale. Here consumers will get a better and wider choice. However, consumers may not get their legal rights as consumers, due to various things that happen. So in this context, the presence of Law Number 8 of 1999 which regulates consumer protection is more of a legal effort to provide protection, and is not intended at all to kill the business of entrepreneurs. In trade between countries, where foreign products can enter freely into the country, the government needs to be present to advocate for its citizens. The state plays an active role in controlling the interaction between business actors and potential consumers, which in this context is information on imported products. The right of consumers to know information regarding goods imported from foreign countries must be fulfilled, so that disputes are avoided. So furthermore, the presence of the Consumer Dispute Resolution Agency is certainly an important thing that is very beneficial for both parties, namely business actors and consumers, when they are involved in business interactions that lead to conflict.
The Concept of Non-Conviction Based Asset Forfeiture As a Legal Policy in Assets Criminal Action of Corruption Muhammad Fuad Azwar R; M. Said Karim; Haeranah
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (571.208 KB) | DOI: 10.35335/legal.v11i5.515

Abstract

This research aims to analyze the legal regulations against mechanism of assets confiscation that exist in Indonesian positive law as well as to analyze the concept of non-conviction based asset forfeiture as a legal policy in assets ccriminal action of corruption. The type of research that used is normative (legal research) or doctrinal. The results of this research shows that asset confiscation regulations in indonesia’s current positive law carried out by handling criminal forfeiture and civil forfeiture but the regulations still based on criminal evidence first (follow the suspect) and criminal law still places the seizure of assets as an additional crime. Indonesia has ratified the United Nations Convention Against Corruption (UNCAC 2003) through law no. 7 of 2006 which then as a follow-up to the government in the renewal step publishes the draft law on the confiscation of assets for criminal actions which is expected to be the beginning of the asset seizure regime by focusing on efforts to return the assets (follow the money) where UNCAC as an international instrument proposes ratifying countries to apply the concept of asset forfeiture without relying depends on the sentencing of the perpetrator (non-conviction based asset forfeiture) as an effort to eradicate criminal action of corruption. The NCB concept is an effective solution to maximize the return of state losses through foreclosure and taking over of an asset in rem or lawsuit against assets as a form of criminal law policy.
Supervision Mechanism of Fulfillment of Provincial Minimum Wage Laode Muhammad Isman Hardiansyah; Marwati Riza; Anshori Ilyas
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (495.317 KB) | DOI: 10.35335/legal.v11i5.516

Abstract

Problem of not optimal supervision by the Transmigration and Manpower Office of Southeast Sulawesi on companies in Southeast Sulawesi in the implementation of the Provincial Minimum Wage (UMP). This can be seen from the existence of companies in Southeast Sulawesi that have not paid wages in accordance with the predetermined Provincial Minimum Wage (UMP), even though the agency has mandated each company, so that all pay wages in accordance with the Provincial Minimum Wage (UMP). This study aims to determine: 1) How is the Mechanism of Supervision Authority on the Fulfillment of the Provincial Minimum Wage.This research is a normative and empirical research located in Southeast Sulawesi. Data obtained through surveys, interviews, and documentation. Overall data were analyzed quantitatively. Based on the results of the research that: 1) That the supervision of the implementation of the Provincial Minimum Wage by the Office of Transmigration and Manpower at companies in Southeast Sulawesi in general has been carried out well. However, 1 out of 10 indicators has not been implemented or is not good, namely requests for reports and information verbally from employees
Analysis of Evidence for the Crime of Money Laundering That Does Not Require Preliminary Proof of the Predicate Crime Musdayanti; Abd. Asis; Audyna Mayasari Muin
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.651 KB) | DOI: 10.35335/legal.v11i5.517

Abstract

This study aims to analyze the the Legislative Ratio Article 69 UURI No. 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering that Does Not Require Proof of Excess Preliminary Crime in the Crime of Money Laundering. The research was conducted using a normative juridical research method using a statutory approach, a case approach, and a conceptual approach. The results of the study indicate that the process of handling money laundering cases is essentially very dependent on the original crime as contained in the provisions of Article 2 UURI No. 8 of 2010 which is an element in the crime of money laundering must come from a criminal act. In line with the above basis, Article 69 has been formulated which reads “In order to be able to carry out investigations, prosecutions, examinations in court proceedings against the crime of money laundering, it is not necessary to first prove the original crime”. Where the crime of money laundering can be investigated, prosecuted, and brought to court without having to first prove the original crime and not having to wait for the verdict of the predicate crime which has permanent legal force (inkracht).
The Role of The Notary Code of Ethics and Notary Legislation Against Notaries Who Commit Criminal Acts of Fraud and Embezzlement (Case Study Court Decision Surabaya No 2200/PID.B/2020/PN SBY) Prima Dienta Putra; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

This study discusses the Surabaya District Court Decision Number 2200/Pid.B/2020/PN SBY to analyze the Notary Code of Ethics role and other laws and regulations against Devi Chrisnawati, who committed fraud and embezzlement of money. Devi Chrisnawati, where Devi Chrisnawati promises the victim a 5% profit if the victim lends money to Devi Chrisnawati. Devi Chrisnawati was then proposed to be dishonorably dismissed by the Central Supervisory Council because Devi Chrisnawati committed fraud and embezzlement while still serving as a Notary in the city of Surabaya. The fraud and embezzlement committed by Devi Chrisnawati have violated Article 6, paragraph (1) of the Notary Code of Ethics.
Strategy of the Democratic Party in the Legislative Election in Malacca Regency in 2019 Piere Mario Bait; Randy Vallentino Neonbeni
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (288.753 KB) | DOI: 10.35335/legal.v11i5.519

Abstract

The author is interested in conducting this research related to the Strategy of the Democratic Party in the Legislative Election in Malacca Regency in 2019. The type of research used is juridical-empirical research. The source of this research data is primary data, primary data is direct data that comes from Law Number 17 of 2017 concerning General Elections and interviews conducted in the field. In this study, primary data were obtained directly from the field, in the form of notes on observations and interviews with research subjects; and Secondary Data, Secondary data is supporting data for primary data. In writing, the researcher gets secondary data from books, journals, and other supporting sources related to the author's research so that it can be used as a reference in the preparation of the research. The results show that the strategies used by the Democrats are offensive strategies, defensive strategies, imaging strategies and character strategies. . Where the offensive strategy uses a market expansion strategy to form a new group of voters by lighting up the political base of the opponent's mass base. Ability to create new innovations in conducting campaigns. Offensive strategy played by the entire team which includes the Democratic Party Team, Volunteer Team and other small teams. Meanwhile, the defensive strategy used is the Democratic Party's approach to it intensively and continuously without getting tired. This approach is useful for introducing the Party and its programs and also introducing prospective legislative candidates. Imaging Strategy, the Democratic Party also uses communication, namely socialization, meeting directly with the community and conducting campaigns through electronic media, newspapers and radio. Character strategy, the figure of Susilo Bambang Yudhoyono (SBY) as a builder of the Democratic party, his expertise in building an image (as a polite, honest and benevolent leader), who loves the community. The Democratic Party first conducts a survey and selection of the figures who will enter the fight in the legislative election. The Democratic Party in carrying out an offensive strategy in coordinating between teams well. The Democratic Party needs to develop new programs that allow the people to be attracted again, and make the people prosperous by optimizing the socialization of the new program. The Democratic Party needs to design a schedule or work agenda that based on the whole community, location and time consistently run well
Criminal Law Reform Double Track System (Rehabilitation Versus Prison) On Against The Crime Of Narcotics Abuse In Indonesia Nelvitia Purba; Mukidi Mukidi; Muhlizar Muhlizar
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.387 KB) | DOI: 10.35335/legal.v11i5.520

Abstract

Efforts to prevent and eradicate drug abuse are urgent because they can have a systemic effect. Therefore, it is necessary to renew article 127 of Law no. 35 of 2009 (Double Track System) for handling narcotics abuse which so far has emphasized criminal sanctions rather than action sanctions. This research uses normative legal research or can be referred to as doctrinal legal research. The analysis of legal material used is descriptive analysis. The results of the study concluded  (1). The position of criminal  sanctions  and  actions    based  on  article  127  Law Number 35 of 2009   it is clear that there is a regulation, but its application to narcotics abuse has not been effective because it does not take into account the physical and psychological conditions of the perpetrator, which should focus more on rehabilitation than imprisonment (2). The reform of the Criminal Law article 127  Law Number 35 of 2009 (Rehabilitation versus Prison) against narcotics abusers must be carried out immediately because it concerns the future of the nation and also provides aspects of protection and aspects of the public interest.
Generation Z's Perception of the Preservation of the Sasak Script Ginanda Azahra Va Arni; Umar; Arif Widodo
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.476 KB) | DOI: 10.35335/legal.v11i5.521

Abstract

This study aims to determine the perception of generation Z on the preservation of Sasak characters. The research respondents considered 25 people aged 14-22 years. This research is designed in quantitative quantitative form. Data collection using a questionnaire and the results of the questionnaire were analyzed using descriptive statistics. The results showed that the interest in creating Z in preserving the Sasak script was quite high but it made Z difficult to preserve the Sasak script because he only learned it in elementary school (SD). Generation Z has minimal knowledge and skills as well as limited access in developing Sasak characters. Sasak script preservation program needs to get attention and support from the government and society in order to create Z's access to learn, develop, and be able to preserve Sasak script.

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