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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
Confiscation of assets without a criminal decision in recovering state financial losses due to crime of corruption Muhamad Yodi Nugraha; Haeranah Haeranah; Nur Azisa
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

Abstract

The focus of this study is a Juridical Review of the Concept of Confiscation of Assets Without a Criminal Decision (Non-Coviction Based Asset Forfeiture) in Recovering State Financial Losses Due to Crime of Corruption. This study aims to analyze and find answers about the legal implications of the application of the concept of non-conviction based asset forfeiture to the current criminal system of corruption and to find answers about the ideal concept in forfeiture of assets without, legal basis, and legal doctrine to review the issues under study. The results showed that (1) the implications of the application of the concept of non-conviction based asset forfeiture to the current corruption crime conviction system (2) the ideal concept of asset forfeiture without a conviction verdict to maximize the return of state financial losses is to establish a special legal regime on non-conviction based on asset forfeiture through a law.
Community Institutions with Nationalist Characteristics Sinto Adi Prasetyorini
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.v11i6.746

Abstract

Nationalism is essentially a modern state ideology, like democracy and communism. Even colonialism and imperialism are forms of expansive nationalism. Nationalism is an awareness and pride in the state that creates attitudes and feelings that place greater importance on national life over personal, group, regional or party interests represented. This research is juridical normative. Using descriptive-analytical research specifications. Using secondary data collection sourced from library book materials, obtained through primary, secondary and tertiary legal materials. The normative analysis method as a way of discussing research material is based on all understandings in legal science. The results of the study show that Pancasila is understood not in its formula or status but in its contents, namely the noble values ??that are recognized as the agreed view of the nation's life. As attitudes and behaviours, it can be observed and assessed as to what our identity as a nation is like. In addition to the attitude and behaviour displayed. The characteristics possessed by civil society are such as living independently, having a high sense of tolerance, actively participating in all public policy formation, voluntary cooperation, upholding the values ??of justice and honesty, recognizing and respecting differences, and having strong national integrity. strong, upholding human rights and the rule of law as well as being open and transparent.
The- Law Implementation of Body Shaming that Leads to Sexual Harassment Against Women in Social Media Ricky Shandy; Retno Dewi Pulung Sari
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.v11i6.638

Abstract

Beauty is the main reason for someone, especially a woman, to look stunning. A woman who feels beautiful uploading a photo of herself often experiences body shaming in the form of hate speech and bad comments through social media. It leads to sexual harassment. The Indonesian government passes the Violence Crime Act on Sexual Harassment (TPKS) which is expected to be a brand-new breakthrough in the Indonesian legal system. As well as the existence of restorative justice, it is hoped that it will also be one of the breakthroughs in the legal world by seeking a solution by emphasizing re-election to its original state. Not many women are well-aware of this new regulation. It is hoped that more awareness of this regulation to be well-spread, and that it can create determent effects for perpetrators of sexual harassment against women on social media. Using normative juridical qualitative method in compiling this research, the writer explains how effective the new regulation is for Indonesian women.
Legal Politics of Establishing a Health Bill with the Omnibus Law Method Sofyan Iskandar
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.v11i6.717

Abstract

Omnibus law is a new method of changing a legal product in Indonesia. Likewise in regulations in the health sector. The government, through a body that does have the authority to prepare legal products, decided to change legal products in the health sector with the Omnibus law method. There will be at least 15 health law products revamped in the 2023 legislation program in the health sector. Over time, various polemics in the formation of the Health Bill with omnibus law turned out to trigger polemics in the community, especially for related parties such as the health worker profession that exists in Indonesia. This study aims to analyze the politics of law in the formation of the Health Bill using the omnibus law method. The type of research used in this research is normative legal research. The approach used is a statutory and conceptual approach. The results of the study that the direction of legal politics will be closely related to health. Health development is directed at increasing the awareness, willingness, and ability to live a healthy life for everyone in order to realize the highest degree of public health, as an investment for the development of socially and economically productive Human Resources (HR). Then, the legal product of the Health Bill with omnibus law is directed to the fulfillment of the right to health as an integral part of the existence of human rights where the state has an obligation to fulfill and protect the right to health.
Criminal Conviction of Social Workers in the Criminal Justice System Christin Novianty Panjaitan; Afriyanti Debora Tambunan; Richard Wilson Antonius; Lutfiadi Lutfiadi
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.v11i6.723

Abstract

This study aims to analyze the concept of social worker sentencing policy, and to know the criminal law of social work as a solution to reduce overcapacity in Indonesian Correctional Institutions. This study uses a normative juridical method with analytical descriptive specifications. The findings showed that the current policy of imposing criminal sanctions is felt to be ineffective because every criminal who is proven and has the power of law to carry out legal proceedings in prison is still not appropriate if the weight of the crime is a minor offenses. As a solution, the imposition of criminal sanctions on social workers has been determined to be appropriate. It is necessary to have a criminal law policy so that what becomes a legal issue can be resolved effectively, likewise with the effectiveness of the provision of prison sentences, which are no longer in accordance with prison conditions, leading to an increase of 500 to 900 percent, which eliminates the duties and functions of Correctional Institutions as a coaching and protection institution for convicts. In conclusion, the policy of imposing criminal penalties on social workers is appropriate in order to reduce over capacity.
Shipwrecks of Feasibility in the Field of Investment Business Bintang Parashtheo; Akhmad Budi Cahyono
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.v11i6.727

Abstract

Indonesian Valuable Objects on the Load of Sinking Ships (BMKT) have a large potential. This makes the ships buried in Indonesian territorial seas a tremendous resource. Illegal treasure hunters have targeted Indonesia's BMKT because to its great potential, causing considerable losses.  Realizing this, it is vital to pay attention to Valuable Items on the Load of Sinking Ships (BMKT) and develop rules to maximize their potential. This study aims to analyze the policies governing BMKT to support investors in participating in investing in the business sector of BMKT management and creating BMKT management that is optimal and feasible for all aspects of the values contained in the BMKT itself. The approach method used to achieve this research is an approach focused on regulations or policies (statute approach) and conceptual analysis. The result showed that there is still substantial overlap between regulations controlling BMKT, making BMKT administration feasible. In spite of this, the Economic Analysis of Law is used to explain the expansion of the legal dimension through its studies. In addition, the economic value and cultural legacy of BMKTs that cannot be appointed due to the difficulties of appointment or the impossibility of relocation may be used on-site via marine tourist activities, notably diving tourism. As such, investors who wish to participate in the business sector of BMKT management may use BMKT more properly and optimally, including local and international investors.
Indonesia's Criminal Law Policy in Tackling Cyberbullying with a Restorative Justice Approach Muh. Takdir; Surastini Fitriasih
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.v11i6.733

Abstract

The increasing number of complaints from victims of cyberbullying crimes from year to year certainly requires a criminal law policy, both through penal and non-penal efforts, which are not only repressive but also preventive. The Restorative Justice (RJ) approach is one of the possible mechanisms that can be offered in order to combat this type of crime. This study aims to explain how Indonesian criminal law regulates cyberbullying and how Restorative Justice (RJ) approach concept addresses cyberbullying. This research is normative juridical research. The legal materials used were primary legal materials taken from regulations and secondary legal materials refer to relevant writings, books or research. The data is analyzed qualitatively and the writing was organized systematically and descriptively. The results revealed that the regulation on the settlement of cyberbullying includes Article 310 paragraphs (1) and (2) of the Criminal Code, Article 311 of the Criminal Code, Article 315 of the Criminal Code, Article 27 paragraphs (3) and (4) in conjunction with Article 45 paragraph (3) and (4) Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Article 29 in conjunction with Article 45B of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law), in this article cannot be applied if the action is only in the form of a threat. Even so, the concept of restorative justice is regulated in law enforcement agencies as the implementation rules have not accommodated several types of cyberbullying crimes.

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