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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. 12 No. 1 (2023): April: Law Science and Field" : 17 Documents clear
Legal Review of the Performance of Firefighters and Rescue Workers in Deli Serdang Sunardi Petrus Sembiring; Heriansyah Heriansyah; Dewi Robiyanti
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.755

Abstract

Fire and Rescue or abbreviated as Fire and Rescue are implementing elements of the Government which have the responsibility to assist the community in handling fires and rescue. The research objective was to find out the legal review regarding the performance of firefighters and rescue workers in Deli Serdang Regency. And it is necessary to have a legal study on how to deal with fires in accordance with rescue procedures from the government which can create common perceptions and uniformity of ways of acting for all personnel involved. 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 as primary legal materials include Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 16 of 2020 Concerning Nomenclature Guidelines for Provincial and District/City Fire and Rescue Services, and secondary legal materials in the form of books, journals, writings, media , and documents or other information related to the research title. By carrying out the procedures from the government, efficient suppression efforts can be achieved in deploying personnel to minimize losses and work as optimally as possible in blackout operations and rescue operations. Therefore, it is recommended for Firefighters and Rescue Executors to improve performance and timeliness, quality of facilities and infrastructurein tackling fire disasters and better rescue so that more and more people are saved. Especially to improve the procedures, rules and performance of officers to do more optimal fire prevention and rescue so that they run according to community expectations and regulation from government.
Legal Protection of Women and Children Victims of Sexual Violence in Gorontalo City Police Nopiana Mozin; Lucyane Djaafar; Risha Safitri Ibrahimr
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.758

Abstract

Legal protection in Indonesia is given to everyone based on equal rights and obligations as well as standing before the law. In this case, women and children are given extra legal protection because they are vulnerable to becoming victims of violence. In Gorontalo itself, the number of sexual violence increases every year. This is corroborated by the findings of cases of sexual violence from November 2019 to 2022, namely 105 cases. Regarding protection, the Gorontalo City Police Women's and Children's Service Unit has a role in protecting against all forms of violence, especially sexual violence. Sexual violence is defined as forced sex that can be performed by anyone who does not care about their relationship with the victim. The method used in this research is qualitative analysis, where research findings are obtained from literature research, document studies, and interviews. The purpose of this research is to find out legal protection efforts for women and children who are victims of sexual violence in Gorontalo and what are the inhibiting factors for legal protection for children and women who are victims of sexual violence themselves. In the findings of this study, legal protection for women and children who were victims of sexual violence, namely that victims immediately received assistance from the Integrated Service Center for Empowerment of women and children (P2TP2A) at the Gorontalo City Police in the initial process. Assistance is focused on the mental and psychological health of the victim. After that, if the victim is not satisfied with the process, the Integrated Women and Children Empowerment Service Center (P2TP2A) will assist the victim in submitting a report to the National Police so that it is followed up through the court process. The inhibiting factors found in this study were the victim's uncooperativeness in providing information due to mental disturbances due to trauma, as well as the location of the victim's house which was quite far away in terms of the process of providing legal protection itself.
Juridical Consequences and Legal Protection for Unregistered Waqf Land Shendy Rianti Islamy; Audia Andini Ariputri; Belinda Soegijanto; Willy Democitta Tanaya
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.760

Abstract

This study aims to investigate the legal implications of unregistered waqf land and the protection available to it. The research adopts a descriptive and normative legal research approach to analyze the legal framework surrounding waqf in Indonesia. The findings show that the government has enacted laws and regulations, such as Law no. 5 of 1960, Government Regulation No. 28 of 1977 concerning Waqf of Owned Land, and Law Number 41 of 2004 concerning Waqf, to ensure that waqf assets are legally protected and registered. According to positive law, the waqf pledge deed is considered an authentic deed that can be used as evidence in resolving future disputes regarding waqf land. The involvement of witnesses in the waqf pledge process is essential to guarantee the protection of waqf land. Despite the existing regulations, there are still unregistered waqf lands that need legal protection. The research reveals that legal protection for unregistered waqf land is available in Indonesia. However, the absence of registration and certification for waqf land creates uncertainty and makes it vulnerable to misuse by parties who are not responsible for the legal nature and purpose of waqf. Therefore, it is important to continue promoting the registration of waqf assets to ensure their legal protection and prevent any future disputes. The implications of this research contribute to the ongoing discussions on waqf land registration and provide a basis for further research in this field.
Legal Review Regarding Appointment of Ambassador in Indonesia Based on Gender Equality Warasli Tafonao; Setiaman Gea; Zetria Erma
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.765

Abstract

The purpose of conducting this research is to find out how the position of the President in Indonesia is and the mechanism for appointing Ambassadors of the Republic of Indonesia, where the majority still appoint men only. For this reason, it is appropriate for women's groups so that gender equality occurs. This type of research 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. Primary data is in the form of the 1945 Constitution and secondary material is in the form of books, journals, electronic news, laws and regulations and legal expert opinions as well as writings related to research titles. The President in appointing the Indonesian Ambassador must pay attention to the considerations of the People's Representative Council. The position of the President in Indonesia and the mechanism for appointing the Ambassador of the Republic of Indonesia based on gender equality with the consideration of the DPR is very necessary in the interest of cooperation between countries. Therefore, it is suggested that the government be more assertive and clarify the provisions governing the position and accountability mechanism of a president as the head of state in appointing an Indonesian Ambassador in accordance with the system of government adopted by the Indonesian state which provides equal opportunities to all prospective ambassadors, both male and female, serve in any area regardless of the conditions. And it is necessary to hold a procedure for appointing an Indonesian Ambassador to ensure transparency over the prospective Ambassadors who are placed to have sufficient capacity and capability to realize the national interests of all Indonesian people regardless of gender while on duty and work regardless of the territory occupied.
Islamic Inheritance Law and Its Implications on the Rights of Adopted Children in IndonesiaPerspective on Adopted Children Enforcement in The Law of Inheritance Megawati Atiyatunnajah; Sidik Setyawan
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.768

Abstract

Adoption has developed into a widespread phenomenon in the context of Indonesian society. Due to the fact that adoption affects the interests of individuals within a family, adoption has been integrated into the legal framework that regulates family relationships As a result of the way it influences individual interests within the family, it has been incorporated into the legal framework governing family relationships. Article 39 of the Child Protection Law, adoptive parents must pay attention to the best interests of the child during the process, which must also be carried out in accordance with community habits, applicable laws and regulations. There are two categories of adoption in Indonesia: domestic adoption, which occurs between Indonesian citizens, and international adoption, which involves children of Indonesian citizens who are adopted by people who are not residents of Indonesia. The research method used is known as normative juridical research. This research method is used to understand and evaluate whether a legal regulation has complied with the applicable legal principles and formal requirements set by the law. The author chooses this method because it is relevant to various fields of law and generates new ideas. According to research, the inheritance rights of indigenous Indonesians are carried out based on Islamic law in situations involving Indonesian inheritance law. Adopted children are still considered biological parents and are not entitled to inherit from their adoptive parents. The local customary law system will determine how many adopted children are entitled to inheritance. Adopted children still receive inheritance from their biological parents, not from their adoptive parents because adopted children do not inherit from their adoptive parents. Increased public awareness and stricter regulations in Indonesia regarding adoption practices can help protect the rights and interests of children and promote safer and more secure adoption practices.
Fighting Corruption Through Tax Administration Reform: Vietnam Case Study Thao Le thi
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.772

Abstract

Corruption in tax administration is attracting much attention worldwide due to its strong negative impact on economic activity, especially impact on tax revenue and budget deficit. Corruption erodes trust and causes loss of state budget revenue, especially in the tax field. In the process of digital transformation with many reforms in the tax administration mechanism in Vietnam, corruption in tax administration has been somewhat limited. This study is based on political and legal analysis by normative method or theoretical legal research, taking Vietnam as research evidence. On the basis of the current status of Vietnam's tax administration mechanism in the past time, identifying corrupt acts in the tax administration process through tax management practices, the research results show that tax administration with current The modernization of tax administration is the basic basis to limit corruption in the tax field. With the reform of tax administration by simplifying tax processes and procedures, reducing the arbitrary situation and abuse of tax laws by tax officials, transferring the entire tax collection function to modern tax management - a modern tax administration is needed to keep up with the growing trend. the complexity of the operations of companies in the age of globalization.
Fighting Corruption Through Tax Administration Reform: Vietnam Case Study Le thi, Thao
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.772

Abstract

Corruption in tax administration is attracting much attention worldwide due to its strong negative impact on economic activity, especially impact on tax revenue and budget deficit. Corruption erodes trust and causes loss of state budget revenue, especially in the tax field. In the process of digital transformation with many reforms in the tax administration mechanism in Vietnam, corruption in tax administration has been somewhat limited. This study is based on political and legal analysis by normative method or theoretical legal research, taking Vietnam as research evidence. On the basis of the current status of Vietnam's tax administration mechanism in the past time, identifying corrupt acts in the tax administration process through tax management practices, the research results show that tax administration with current The modernization of tax administration is the basic basis to limit corruption in the tax field. With the reform of tax administration by simplifying tax processes and procedures, reducing the arbitrary situation and abuse of tax laws by tax officials, transferring the entire tax collection function to modern tax management - a modern tax administration is needed to keep up with the growing trend. the complexity of the operations of companies in the age of globalization.

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