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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 17 Documents
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Search results for , issue "Vol. 11 No. 6 (2023): February: Law Science and Field" : 17 Documents clear
Juridical review of criminal acts of environmental destruction that occurred in the tele forest, samosir regency Sigar P. Berutu; Mazmur Septian Rumapea
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.632

Abstract

This study aims to examine the environmental crimes that occurred in the forest area of ??Tele, Samosir Regency, with the background of the problem of how the regulation of criminal acts of environmental destruction is based on Law No. 32 of 2009; how efforts to overcome environmental crimes are based on Law No. 32 of 2009; and how the legal policy on environmental crimes is based on the decision of the District Court Number: 28/PID.SUS/PN.Blg. The research method used in writing this thesis is descriptive. The analysis leads to normative juridical material, namely another legal material. This research is an answer to the background of problems related to environmental crimes that occurred in the Tele forest, Samosir Regency.
Analysis Of Criminal Actions For Faking Rapid Test Letter As A Requirement For Traveling Out Of The City During The Covid-19 Pandemic Sigar P. Berutu; Valentino Valentino; Elvyn Frederychotan; Sri Juliani Br Simanungkalit; Dian Hardian Silalahi
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.634

Abstract

During the Covid-19 pandemic, it was found that the health certificates needed by many people for traveling outside the city as a requirement in preventing transmission of this virus were falsified. The crime of forging letters is a crime that is quite common in society during a pandemic. This study aims to examine the criminal act of forging a rapid test certificate as a condition for traveling out of town during the Covid-19 pandemic, against the background of the problem of how to regulate the criminal act of forging a medical certificate and the sanctions imposed on perpetrators of the crime of forging a rapid certificate. the Covid 19 test, and how law enforcement efforts to regulate the criminal act of falsifying medical certificates. The research method used in writing this thesis is descriptive, analysis leads to normative juridical, namely a material other law. This study uses library research techniques (Library Research). The analysis was carried out qualitatively. This research is an answer to the background of the problem related to the crime of forging a rapid test letter as a condition for traveling out of town during the Covid-19 pandemic. One form of law enforcement efforts to curb the criminal act of forging medical certificates is in one of the cases of forging rapid test certificates described in this study, in which the perpetrator was sentenced to 1 year and 10 months in prison by the Panel of Judges at the Pangkalan Bun District Court. The case above is a form of law enforcement against the act of making fake letters of the results of the Covid-19 rapid test.
Collaborative governance in program implementation fish apartment in east luwu Jeri Mahjud; Thahir Haning; Suryadi Lambali; Nurul Mufidah
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.693

Abstract

The fish apartment program is a program that collaborates with various stakeholders in the context of restoring fish habitat and increasing fishermen's catches. This research aims to determine the collaborative governance of the community empowerment program through fish apartments at east luwu regency. The research used a qualitative research method with a descriptive type. The data was collected through in-depth interviews, observation, and documentation. Data were analyzed using an interaction analysis model by (Miles & Huberman, 1994) with data collection, data condensation, data display, and conclusion drawing/verifying. The results of the study show that collaborative governance in the community empowerment program through the fish apartment in Malili District, East Luwu Regency uses the collaborative governance approach of (Ansell & Gash, 2008), namely (1) Face-to-face dialogue running well, this can be seen during coordination meetings either through internal coordination of each party, as well as coordination meetings that include all collaborating parties. (2) Building trust has not been well established, this is due to the trust of the government and the community towards PT. Vale is less intertwined due to the long disbursement process and lack of transparency. (3) Commitment to the process has been carried out well, this can be seen from the participation of all parties, government, private, and civil society in the planning process to program implementation. (4) Shared understanding has been carried out well, through outreach which discussed the common goal of creating a fish apartment program. (5) Intermediate outcomes of the fish apartment building program have had a positive impact on the marine ecosystem, this can be seen from the large number of fish that have gathered around the fish apartments which have been lowered to the seabed
Consumer protection of users of nipah-sadu crossing transportation services in nipah panjang district, tanjung jabung east regency Baso Iping
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.694

Abstract

The approach used is a normative juridical approach supported by an empirical juridical approach. The data used are primary data and secondary data. The data collection technique used is through a literature study/document study and interviews. The data obtained is presented in a qualitative descriptive form. The result of the research is that the rights and obligations of consumers of Nipah Panjang – Sadu ferry services are not in accordance with the regulations, for example there is no compensation, compensation and/or reimbursement in the event of an accident and tickets have not been provided as proof of the crossing transportation agreement. Likewise, the rights and obligations of business actors have not been implemented because there is no good faith from the business actors in carrying out their business activities, correct, clear and honest information has not been given regarding the conditions and guarantees of the goods and/or services used. There is no quality assurance. goods and/or services used.
Legal protection of children as victims of associal crimin1wal at the binjai police (police report study lp/b/447/iv/2022/spkt) Johannes Pangeran LS; Eka Kristinna Baene; Yusuf Hanafi Pasaribu
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.697

Abstract

Immoral acts against children are crimes that violate morals, morality and religion. The impact of this crime on children is to cause physical and psychological trauma to victims, especially children, so that it can affect the victim's self-development when he grows up. The problem in this research is how is the legal protection for child victims of immoral crimes based on Law Number 35 of 2014 concerning Child Protection. The type of research used in this study is a normative method. Data collection is done by literature study and field study. Data were analyzed qualitatively to obtain research conclusions. The results of the research and discussion show that legal protection for child victims of immoral crimes based on the legal protection of children in Law Number 35 of 2014 fulfills the legal interests of children as victims of criminal acts because it refers to comprehensive protection for child victims of immorality and fulfills children's rights in the enforcement process law and provide rehabilitation to children, either medically or psychologically. The form of legal protection for children as victims of immorality is carried out in an integrated and continuous manner starting from the level of the police, prosecutors and courts. Legal protection for child victims of immoral crimes based on the Child Protection Act shows that the enactment of this law provides comprehensive protection. For this reason, it is suggested that law enforcement officials are advised to be more intense in dealing with legal protection issues for children and should further increase socialization in order to disseminate knowledge and awareness to the community, especially people who are in remote, rural areas, with low educational and economic backgrounds. , about the importance of legal protection for children.
Implementation of the official document management policy within the north sulawesi provincial government Alfrets R. Owu; Maria H. Pratiknjo; Jhony R. E. Tampi
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.701

Abstract

This study aims to analyze the implementation of official document arrangement (TND) policies within the North Sulawesi provincial government. This study uses a qualitative descriptive method based on Grindle's theory with indicators consisting of policy content and policy environment. The research informants were taken using a purposive sampling technique, totaling 8 informants. Data analysis uses data reduction, data presentation and conclusion drawing. The results showed that the management of official document within the North Sulawesi provincial government was based on Governor Regulation Number 34 of 2010 which was based on the Regulation of the Minister of Home Affairs Number 54 of 2009. The management of the official document arrangement is still hampered by a number of issues, such as each Regional Apparatus Work Unit (SKPD) use of a non-uniform format and the usage of logos and stamps that do not adhere to established guidelines. Instead, the format is governed by the preferences of the specific SKPD leaders. The North Sulawesi government has decided to employ an electronic-based government system (PBSE); however, they still manage official documents manually. The use of an electronic/digital system can reduce the need for paper and ink, speed up the correspondence system, and make the process of storing archives easier because using a manual technique runs the risk of damaging paper records due to ageing.
The problems of siri marriage for couples who have not married according to the law in marriage legal perspective Idris Idris; Raya Lestari; Zetria Erma
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.706

Abstract

The purpose of this research is to find out the problems that occur in couples who are not legally married according to the law in the perspective of marriage law in Indonesia. The type of research in this paper is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive, namely explaining the problem according to the research title. The data used is secondary data consisting of primary legal materials in the form of Law no. 1 of 1974, KHI (Compilation of Islamic Law), and secondary legal materials in the form of books, journals and writings related to research titles. The problem for anyone who enters into a marriage even though it is with religiously valid pillars and conditions but not registered causes more disadvantages than advantages. As a result of unregistered marriages, there will be difficulties in processing important letters as administrative requirements in civil affairs. In addition, it is not legally recognized because it does not give rise to civil relations as husband and wife.
Legal review of airport pass service at the airport authority office in region ii medan when entering the security restricted area Silvianda Silvianda; Ivan Manahan Sihombing; Zetria Erma
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.707

Abstract

Airport Pass is an entry permit sign for individuals, vehicles, cargo and posts that will enter the Security Restricted Area, the requirements for obtaining which have been regulated in regulations issued by the Government. The purpose of this research is to conduct a legal review of the Airport Pass service at the Airport Authority Office in Region II Medan when entering the Security Restricted Area. The type of research in this paper is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive, namely explaining the problem according to the research title. The data used is secondary data which consists of primary legal materials in the form of Law No. 25 of 2009, Law No. 1 of 2009, Permenhub No. PM 33 TAHUN 2015, Permenhub No.PM 167 Year 2015, Permenhub No. PM 178 of 2015 and secondary legal materials in the form of books, journals, electronic news, and opinions of legal experts, laws and regulations, and writings related to research titles. Legal review of Airport Pass services at the Airport Authority Office in Region II Medan as a public service provider. Therefore, it is suggested to all partners or certain parties who already have an Airport Pass to always use it when entering the airport location and follow the usage regulations that have been set according to the mandate of the law regarding public services. Administrative sanctions for those who violate it for the sake of creating security and order in carrying out services in the Airport Region II Medan area.
Legal uncertainty of the arrangement for the implementation of foreclosed collateral (ayda) through auction Miftahul Ulum; Aad Rusyad Nurdin
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.724

Abstract

Foreclosed Collateral or Ayda is one of the instruments in the settlement of bad loans that can be used by the Bank. However, there are overlaps in the implementing regulations which result in legal uncertainty for the Bank when it chooses this method. In the banking law, the Bank is prohibited from owning Ayda and must be resold as soon as possible within one year so that the proceeds from the sale of Ayda can be immediately utilized by the Bank but in the auction regulations and land registration regulations the Bank is determined as the owner of Ayda if within one period the Bank does not may appoint other parties as buyers. Uncertainty regarding Ayda implementation arrangements after the oneyear period has passed has an impact on the large costs and taxes that must be borne by the Bank.
Implementation of consumer rights, obligations, and business actors' responsibilities in case of non-conforming goods Azhar Rahadiyan Anwar; Inosentius Samsul
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.725

Abstract

Today, consumer protection should receive more attention because there are not a few Business Actors who do business in Indonesia, both domestic and foreign Business Actors and are part of Indonesia's economic development. This paper will investigate the responsibility of the Seller in the event of a discrepancy in the delivery of goods to customers, as well as the legal remedies available to consumers. The research method used was normative method or doctrinal legal research. Because consumers' rights and obligations in transactions with business actors are often regulated and have the type of a standard that business actors must give consumers. Business actors are responsible for failing to provide consumer rights. In the Consumer Protection Law, "Liability Based on Fault" is used as the concept of responsibility. If the company actor refuses to take responsibility for his mistake and a consumer dispute emerges, the Protection Law allows parties to resolve problems outside or in court. If parties settle consumer problems outside of court, they sign a deed/agreement of settlement or agreement on the conclusion of a dispute resolution for mediation and conciliation.

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