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[Optimizing the Role of Correctional Institution in Resolving Cases Through Diversion at the Class I Correctional Institution of Tangerang ]]>
<![CDATA[Khusnus Sa'bani]]>;
<![CDATA[Eva Achjani Zulfa]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.722
<![CDATA[The implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System depends heavily on the effective functioning of Correctional Institutions (BAPAS) in carrying out their duties as correctional technical implementing units. In the judicial process, BAPAS plays a crucial role in conducting research, providing guidance, supervision, and assistance to criminal children. However, the failure of BAPAS to fulfill its responsibilities could result in the failure to achieve the objectives of the law. This study aims to address the role of BAPAS in optimizing diversion efforts for the settlement of cases involving children facing the law, with a focus on the Class I Correctional Institution of Tangerang from 2019-2021. Specifically, the study investigates the extent to which BAPAS is successful in implementing diversion as a means of addressing cases involving juvenile offenders, and identifies the challenges that BAPAS faces in effectively carrying out its diversion duties. This study utilizes socio-legal research, specifically descriptive analytical research, to thoroughly describe and categorize the object of the subject matter. Primary and secondary legal materials, as well as qualitative analysis, are used to gather and analyze data. The study draws inductive conclusions from the data obtained to provide clarity in problem-solving. The findings of the study reveal that the role of BAPAS is significant in the success of diversion efforts to solve cases involving juvenile offenders. However, the study also identifies several challenges that hinder the effective implementation of diversion in the Class I Correctional Institution of Tangerang, as evidenced by the low number of cases that were effectively addressed through diversion compared to the total number of cases handled]]>
<![CDATA[The Effectiveness of Implementing the Supreme Court Ordinance Number 3 of 2022 on Electronic Mediation in Courts ]]>
<![CDATA[Ardina Khoirun Nisa]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.731
<![CDATA[The emergence of the Pandemic in Indonesia announced in March 2020 has impacted on the restrictions preventing crowds, including the implementation of the judiciary. To overcome the issues, the Supreme Court Ordinance Number 3 of 2022 comes into existence. This study aims to find out the provisions for electronic mediation in court based on Supreme Court Ordinance Number 3 of 2022 and to investigate whether the implementation of Supreme Court Ordinance Number 3 of 2022 has been implemented properly. This study employed normative legal research methods aimed at examining the content of positive legal norms or norms containing research subjects, which are legislation and other legal materials. The results showed that the emergence of Supreme Court Ordinance Number 3 of 2022 where the implementation of electronic mediation is established with the principles of voluntary, confidential, effective, safe, and established with the principles of voluntary, confidential, effective, safe and reachable access. In line with Chapter 1 of the Supreme Court Ordinance Number 3 of 2022, electronic mediation is a way of dispute resolution through negotiation to elicit an agreement by using recent technology. Meanwhile, the Supreme Court Ordinance Number 3 of 2022 has been implemented properly in several courts, they are the Rantauprapat Religious Court, the Magelang Religious Court, the Pinrang Religious Court of Class 1A, and the leadership council of the Pekalongan Advocate Association.]]>
<![CDATA[Construction Analysis of Penal Mediation and Restorative Justice on Crime Settlement in the Indonesian Criminal Justice System ]]>
<![CDATA[Andi ALif Kumullah DG. Pahare]]>;
<![CDATA[Syamsuddin Muchtar]]>;
<![CDATA[Muhammad Basri]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.742
<![CDATA[This research intends to analyze the existence of restorative justice and penal mediation in the Indonesian criminal justice system and to analyze the scope of the concept of restorative justice and penal mediation in the Indonesian criminal justice system. The research method used, normative juridical, is library law research which is carried out by examining library materials or secondary data sourced from primary, secondary, and tertiary legal materials. The research results obtained are the existence of restorative justice and penal mediation in the Indonesian Criminal Justice System. Number 11 of 2012 concerning the Juvenile Criminal Justice System. Restorative justice is a design of criminal justice that pays for the interests or needs of victims of victims, families and affected communities on the basis of the accountability of the perpetrators of criminal acts. So that it is necessary to strengthen the normative framework as a law enforcement effort from restorative justice to make law, both in a narrow formal sense and in a broad material sense, a guideline for behavior in every legal act, both by the legal subjects concerned and by law enforcement officials who are officially given the task and authority by law. Therefore, a rule that has legal certainty regarding restorative justice should be designed by a sovereign institution so that it has legal certainty. This is regulated in the 1945 Constitution of the Republic of Indonesia Article 20 paragraph (1) that "The House of Representatives Holds the Power to form Laws".]]>
<![CDATA[Utilization of the River for Crossing Business by Taeng Village Communities in Gowa Regency ]]>
<![CDATA[Ardiansyah Basir]]>;
<![CDATA[Kahar Lahae]]>;
<![CDATA[Muhammad Aswan]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
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DOI: 10.35335/legal.v12i1.743
<![CDATA[The research objective to analyze permits for the use of rivers used as crossing businesses and analyze and analyze the responsibilities of ferry service managers to users of crossing services in the event of an accident. The research used the empirical legal research, is a type of of legal research that functions to be able to see the law in a real sense. Sources of data were obtained through primary and secondary sources, as well as interviewing the Head of the Pompengan Jeneberang River Basin Office, the Head of the River, Lake and Ferry Transportation Office and the Crossing Business Owner in Taeng Village. This research was then analyzed qualitatively after the data analysis was completed, the results were presented descriptively.The research result indcates that the responsibility of the manager of the ferry service to the user of the ferry service in the event of an accident has 3 responsibilities, the first is civil responsibility on the basis of acts against law, the second is the responsibility of the carrier in the event of damage resulting from the transportation and moral responsibility and legal protection provided preventive and repressive.]]>
<![CDATA[Effectiveness of the Merit System in Office Administration within the Sinjai District Government ]]>
<![CDATA[Erwin Darmawan]]>;
<![CDATA[Andi Pangerang Moenta]]>;
<![CDATA[Achmad Ruslan]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
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DOI: 10.35335/legal.v12i1.749
<![CDATA[This study aims to find out and analyze the extent of the effectiveness of the implementation of the merit system in fulfilling positions within the Sinjai district government and analyze how aspects of the merit system affect the application of the merit system itself. The results of this study show that (1) the effectiveness of the implementation of the merit system has not run optimally judging from the achievement of mapping the potential and competence of employees who are still far between employees who have and have not implemented competencies. Because if it is related to the regulation of the Permenpan RB Number 38 of 2017, it is explained that employees who occupy positions must first hold a competency test to determine the eligibility of the employee to occupy the position. This is also because there are several obstacles faced in the field, namely; the presence of budget constraints; There is still a lack of understanding of civil servants; There is still a lack of interest in civil servants; Inadequate facilities and facilities; There is no Assessor Functional Officer yet. (2) Aspects of the Merit System are very influential in the process of determining an employee in a position, because in determining a person in a promotion, it is necessary to look at a person's competence, performance, and career pattern by referring to the applicable employee rules. An employee has the right to develop competencies and career clarity that supports it.]]>
<![CDATA[Mediation Empowerment in Resolution of Civil Claims in State Court ]]>
<![CDATA[Hariadi Hariadi]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.750
<![CDATA[Mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties assisted by a mediator as a facilitator, the provisions of which are regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in District Courts. Mediation in court is the institutionalization and empowerment of peace (court-connected mediation) with the philosophical basis of Pancasila which is the basis of the Indonesian State, especially the fourth precept "Populist led by Wisdom of Wisdom in Deliberation/Representation". The fourth precept of the Pancasila, among other things, requires that efforts to resolve disputes, conflicts or cases be carried out through deliberations to reach a consensus that is filled with a spirit of kinship. Mediation in court is the result of the development and empowerment of peace institutions as stipulated in the provisions of Article 130 Herziene Inlandsch Reglemen (HIR) / 154 Rechtsreglemen voor de Buitengewesten (RBg) which requires a judge who hears a case to earnestly seek peace between the litigants. Efforts to resolve through Mediation apart from benefiting the parties are also beneficial for the Court because Mediation is expected to overcome the problem of accumulation of cases. however, the results of research at the Sengkang District Court Class IB and the Maros District Court Class IB show that the implementation of mediation is in accordance with Perma No. 1 of 2016 concerning Mediation Procedures at the District Court. However, there are several obstacles encountered in resolving civil lawsuit disputes in the District Court, namely egotism, external factors, educational factors, absence of the parties, passing the time limit, aspects of advocates and aspects of mediator judges.]]>
<![CDATA[A Dualistic Concept of Personal Guarantee Responsibility and Its Relevancy with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligation A Dualism Of Personal Guarantee Responsibility In Indonesia Bankruptcy Law ]]>
<![CDATA[Liza Mashita Ramadhania]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
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DOI: 10.35335/legal.v12i1.751
<![CDATA[Indonesia's legal system recognizes the concept of personal guarantee, which is a promise or guarantee of an individual as a third party to fulfil the debtor's obligations. The concept of guarantee in Indonesia regulates the roles and responsibilities of personal guarantees if the debtor cannot pay his debts. However, the problem is a dualism in theory or approach to personal guarantee responsibility, especially in carrying out debt collection in the debt settlement process in Bankruptcy and Suspension of Debt Payment Obligations ("PKPU"). This dualism exists in the approach to justify actions for the creditor in determining who can be claimed to fulfil debt payment obligations - the debtor or personal guarantor. The main purpose of this journal is to analyze the existence of dualism problems in the concept of responsibility in personal guarantees and how to address the issues. In this journal, the author uses normative juridical research methods, which can be analyzed with conceptual and statutory approaches. This journal addresses an analysis that there are still inconsistencies in Indonesian legal practice in determining responsibility for the implementation of debt obligations, especially in deciding bankruptcy cases in Indonesia. Regarding whose debt responsibility is, there is still a dual approach, namely whether to use the "guarantor is always a guarantor" approach or the "guarantor is the debtor" approach. This journal concludes that there is a legal vacuum to resolve these circumstances. Regardless of the dualism of these circumstances, the author argues that it is necessary to unify the concept of responsibility for personal guarantees to provide legal certainty, especially concerning the implementation of debt collection in the bankruptcy process and at the time of PKPU.The dualism of personal guarantee theory has indicated that it is urgently needed to unify the concept of personal guarantee to provide legal certainty, especially concerning the implementation of debt collection in the process of settlement of debts in bankruptcy and at Suspension of Debt Repayment Obligation (Penundaan Kewajiban Pembayaran Utang/PKPU), where the creditor must determine who can be claimed to fulfill the debt payment obligations. In this paper, the author seeks who is responsible to pay the debt when there is a personal guarantor to guarantee the debtor, and also to examine the debt settlement process through PKPU or bankruptcy.]]>
<![CDATA[Procurement of Government Goods and Services in Surabaya City: A Juridical Analysis of Business Contracts ]]>
<![CDATA[Tifany Eka Prastya]]>;
<![CDATA[Rachma Fitriyanti Nasri]]>;
<![CDATA[Maulidina Nafiah Guntoro]]>;
<![CDATA[Libita Ayu Annisa Sativa]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
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DOI: 10.35335/legal.v12i1.752
<![CDATA[Effective procurement of goods and services in the Surabaya City Government area is essential to ensure that public funds are spent accountably and transparently. As such, there is an urgent need to examine the legal aspects of business contracts for the procurement of government goods and services in the city of Surabaya. The purpose of this study is to determine the factors that influence the occurrence of default by the Goods and Services Provider, as well as the responsibility of the regional head in the abuse of authority in the procurement of goods and services of local government. The research method uses normative juridical methods with a statutory approach and concept approach. The results of the findings in this study are that there are internal and external factors that make the occurrence of default where the agreement in an agreement is not implemented. Law Number 32 of 2004 concerning Regional Government for the implementation of legal liability of regional heads can be used as a guideline for the mechanism of legal liability of regional heads. The implementation of personal legal responsibility can be subject to article 3 of Law Number 31 of 1999 concerning Eradication of Corruption, as well as the return of state losses according to article 59 paragraph (2) of Law Number 1 of 2004 concerning State Treasury and article 18 letter b of Law Number 31 of 1999 concerning Eradication of Corruption. By shedding light on the legal framework that underpins procurement contracts in Surabaya, this study provides valuable insights for policymakers, public officials, and other stakeholders seeking to ensure the effective use of public funds in Surabaya City Government procurement.]]>
<![CDATA[Legal Review of the Requirements Become a Candidate for DPRD Member Who Graduate from Senior High School That’s Still Pro and Contra ]]>
<![CDATA[Agustiawan Saragih]]>;
<![CDATA[Abdillah Abdillah]]>;
<![CDATA[Ismayani Ismayani]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
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DOI: 10.35335/legal.v12i1.753
<![CDATA[DPRD is a Regional People's Representative Body as a representation of the people, has the function of Forming Regional Regulations, Budgeting and Oversight which of course requires people who are experts in their fields. The aim of the research is to conduct a legal review regarding the requirements for prospective DPRD members who graduate from high school who still have pros and cons. 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. 7 of 2017, Law No.23 of 2014 and related laws in research journals and secondary legal materials in the form of books, journals, electronic news, laws and regulations, opinions of legal experts and writings related to research title. The legal review regarding the requirements for prospective DPRD members to graduate from high school does fulfill one of the requirements in the laws and regulations, but to become a people's representative or legislator with a high school diploma equivalent can be said to be not yet an expert or broad-minded due to limited education. Therefore, it is suggested that the requirements for candidates for legislative members need to increase the standardization of minimum education for candidates for legislative members who have graduated from university, at least a Bachelor of Laws or Bachelor degree related to executive, legislative and judicial policies.]]>
<![CDATA[Legal Protection for Women as Victims in the Criminal Action of Mugging in Medan City ]]>
<![CDATA[Monica Sarah Sirait]]>;
<![CDATA[Laris Perjuangan Tambunan]]>;
<![CDATA[Yulkarnaini Siregar]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
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DOI: 10.35335/legal.v12i1.754
<![CDATA[One of the crimes that is rife in the national news is the mugging that occurred in Medan City where women are often be victims.The purpose of thisis to find out the legal protection provided by the state to women as victims of criminal acts of mugging, especially in Medan City. This type of research is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive which explain 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. 31 of 2014 concerning amendments to Law No. 13 of 2006 concerning the protection of witnesses and victims, the Criminal Code, the Law No. 39 of 1999 concerning Human Rights, the Criminal Procedure Codeand secondary materials in the form of books, journals, electronic news, laws and regulations, court decisions and opinion of legal experts and writings related to the title of the research. Legal protection for women as victims of mugging in Medan City is urgently needed so that victims get justice. Law enforcers must unite to achieve an Integrated Criminal Justice System, especially the Police as law enforcers who have been given the authority by law to eradicate criminal acts of mugging that are rife in Medan City. Besides that, it is recommended for women to be more careful when driving at nightalone.]]>
