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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 8 Documents
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Search results for , issue "Vol. 12 No. 2 (2023): June: Law Science and Field" : 8 Documents clear
Analysis of Sale and Purchase Agreement Underhand for the Transfer of Home Ownership Loans Taufika Hidayati; Zetria Erma
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.766

Abstract

The need for home ownership for the community has become a very important need at this time. The government in collaboration with banks provides convenience facilities to the public as debtors through Housing Loans (KPR) which have monthly installments determined by the Bank as a creditor in accordance with the ability of the debtor. During the mortgage process, the creditor and debtor enter into a credit agreement. In the Mortgage Act number 4 of 1996 it is regulated regarding agreements between the Debtor as the mortgagee and a financial institution, in this case the Bank as the mortgagee that as long as the installments have not been paid off, the certificate of land rights is still in the bank as collateral bound by agreement Deed of Encumbrance of Mortgage made before the PPAT as an authorized official. Using normative juridical research that occurs in people's lives, this article discusses buying and selling land that is still under credit guarantee as the basis for the transfer of rights through private agreements that are not made before the PPAT and how the legal force of ownership of land rights is for the seller who buys the land. . In the results of this study it can be concluded that the credit agreement between the bank as the creditor and the debtor only binds the parties contained in the agreement and the transfer of house loans must be made before the PPAT with the knowledge of the bank as the creditor if the debtor wants to sell or does not want to continue credit again
Questioning the Practice of State Capture Corruption in the Revision of the 2020 Mining Law Dandi Jayusman; Muhammad Fathi
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.771

Abstract

This article examines the topic of state capture corruption and how Indonesia's Corruption Law treats the practice. This article also intends to look into the practice of state capture corruption in the Mineral and Coal Mining Law revision. This study was created using normative legal research methods from a statutory and conceptual standpoint. This will be followed by descriptive and qualitative analysis. The findings of this study lead to the conclusion that state capture corruption is a type of compromise between people in positions of power and employers to produce legislation that serves their commercial interests. Due to the limited definition of corruption, the Corruption Law struggles to address this issue. Also, the 2020 Mineral and Coal Mining Law revision exposed some measures that were made specially to advance the financial interests of entrepreneurs while simultaneously deleting provisions that provided such actors control
Refresentation Of Criminal Case Settlement Outside The Court Using Larvul Ngabal Customary Law In Southeast Maluku District Fauziah Rahawarin
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.781

Abstract

Research on Lavrul Ngabal's customary law was carried out for the sake of developing legal and criminal knowledge which the Kei community considers to be quite an effective customary law norm. The purpose of this research is to represent the way of resolving criminal cases outside the court using customary law of Lavrul Ngabal as an effort to prevent and control crimes such as immoral acts. There are two sources of research data, namely primary data and secondary data. The primary data was obtained through interviews and observations, while the secondary data was obtained through a documentation study. The location of this research was conducted in Southeast Maluku Regency. The results of this study indicate that. Settlement of criminal cases outside the court using the customary law of Larvul Ngabal in Southeast Maluku Regency is through customary criminal justice carried out in the form of mediation (sdov: negotiations) involving kings, the parties involved, and clan heads. Traditional leaders in carrying out their functions as mediators, in practice traditional leaders generally use this approach together, especially in resolving private and public disputes
Legal Politics of Insider Trading Prevention and Enforcement in the Capital Market Abraham Ethan Martupa Sahat Marune; Arman; Glenn Christian; Muhammad Randhy Adhitya Putra Pratama; Muhammad Fadhil Juliansyah
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.782

Abstract

This research aims to carry out a legal and political review to insider trading acts perpetrators that can be criminally prosecuted however there have been no cases in Indonesia that have reached court or faced criminal sanctions. The formulation of the problem in this study is: How is the legal politics of preventing and prosecuting insider trading in capital market activities in Indonesia? This study uses a normative juridical method or doctrinal legal research method by collecting data from literature studies. Based on the results of the research, legal politics has been implemented properly, namely through prevention and prosecution. The only thing that has not been regulated is regarding sanctions against parties who obtain material inside information passively and without violating the law. It is necessary to have efforts from public companies in implementing Good Corporate Government through risk mitigation or company regulations related to this principle in order to avoid insider trading actions and Goverment need to regulate sanctions against parties who receive material insider information passively and without against the law in order to create a fair legal market.
Copyright Perspective in the Multiplicity of Batik Motifs as a Reflection of the National Character Identity Megawati Atiyatunnajah; Nilnarohmah
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.789

Abstract

In the face of globalization challenges, it is important to preserve cultural diversity and protect batik heritage as a symbol of national cultural identity. The copyright approach is used as a legal framework for the protection and utilization of batik works. To determine the most original identity with its uniqueness is actually impossible, as no nation in the world is completely different from others. However, the multiplicity of batik motifs can contribute to the characteristics of the Indonesian nation. Batik is a national creative work that must be preserved. The aim of this research is to analyze how the perspective of copyright can influence the understanding, recognition, and development of batik as a cultural heritage. The research method used is literature review by analyzing literature related to batik, copyright, and cultural identity. The results of this research indicate that the perspective of copyright provides important legal protection in securing the authenticity and commercialization of batik. However, copyright protection must also be balanced with efforts to maintain sustainability and social justice for traditional batik makers. This research concludes that through a proper understanding of copyright, steps can be taken to strengthen the national character identity reflected in the diversity of batik motifs. This research has significant implications for policymakers, cultural stakeholders, and society in preserving and promoting Indonesia's valuable cultural heritage. This article analyzes the relevant legal framework, including copyright laws and intellectual property protection in Indonesia. In facing the challenges of copyright infringement, this article also proposes measures to strengthen legal protection for batik motifs as part of the national character identity. It is expected that this article can provide a better understanding of the copyright perspective in the diversity of batik motifs and contribute to the development of more effective legal policies in safeguarding Indonesia's cultural heritage.  
The Criminal Act of Obscenity toward Childrenn In terms of the Law on Child Protection Wandrinus Hulu; Fitasiani Laia; Taufika Hidayati
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.793

Abstract

Child abuse is a sexual crime committed by a man/woman against minors, both men and women, with violence or without violence. The aim of the research is to find out the protection for victims of criminal acts of obscenity and what sanctions are given to the perpetrators in terms of the law. The type of research in this paper is normative with a statutory and contextual approach. While the specification of this research is descriptive analysis. The data used is secondary data consisting of primary legal materials in the form of Law No. 35 of 2014 amendment to Law No. 23 of 2002 concerning Child Protection, the Criminal Code, Law No. 31 of 2014, Law No. 39 of 1999, and secondary legal materials such as books -books, journals, and writings related to the research title. The criminal act of molestation of children is very contrary to religious and moral norms. For this reason, protection for children as victims of criminal acts of obscenity will receive compensation and compensation for losses that have been experienced by victims, provide medical services, and receive legal protection, especially when they become witnesses to what they have experienced. So the author's suggestion in this case is that the application of sanctions for perpetrators according to this law is actually applied by judges in making decisions so that it becomes a deterrent effect for perpetrators. And law enforcers must pay attention to what is the right of children as disturbing victims in accordance with what is mandated by law.
Application of the Ultimum Remedium Principle in the Formulation of Legislation and Law Enforcement related to Banking Crimes Laras Adysti Nariswari; Febby Mutiara Nelson
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.811

Abstract

Banking crime is a special external criminal law or administrative penal law which in law enforcement should adhere to the principle of ultimum remedium. However, there is an article in the Banking Law which reflects that criminal sanctions can still be imposed even though OJK has given administrative sanctions to perpetrators of banking crimes. Thus it can be interpreted that the article is not in line with the formulation of the Banking Law as an administrative penal law, which in law enforcement should prioritize the principle of ultimum remedium. Implementation of this article results in the emergence of disparities and can potentially cause problems in the law enforcement system. This article discuss how to apply the ultimum remedium principle in the process of handling banking crimes with the existence of the article that is not in line, by looking at the principles of banking crime as an economic crime, using normative research methodology. To avoid potential differences in interpretation regarding the implementation of Article 52, paragraph (1) of the Banking Law, the wording of those article can be amended to explicitly state that the Banking Law adheres to the principle of ultimum remedium in accordance with its specific nature.
Juridical Analysis for the Rights of Interested Third Parties in Filing Pretrial Applications in the Indonesian Criminal Justice System Fahrizal S. Siagian
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.816

Abstract

Law enforcement is often faced with procedural errors by its law enforcement officials. Pretrial is an institution for supervising criminal procedural law enforcement so that nothing conflict with the principle of presumption of innocent. The Problem Formulation of this research about how is the Right of Interested Third Parties Filing Pretrial Applications in the Indonesian Criminal Justice System? how is the correlation between the Criminal Procedure Code and Constitutional Court Decision Number 76/PUU-X/2012 concerning the Results of the Review of Pretrial Authority of Interested Third Parties? The purpose of this study is solely to obtain answers to both problem formulations. The research method is a normative legal research method referring to legislation and court decisions using secondary data, namely primary, secondary and tertiary legal materials. Data collection by Library Research. All data is processed by descriptive analysis.  The results of this study are first known that the Rights of Interested Third Parties in judicial practice are still lacking and this is because the Criminal Procedure Code does not specify that Interested Third Parties can apply for Pretrial. Second The Constitutional Court has made it clear specifically that interested third parties can still apply for pretrial with the aim that everyone has the right to social control. Pretrial has been strengthened by the existence of the Criminal Procedure Code and the Constitutional Court Decision as legal standing that proves that anyone who is considered interested with strong reasons can apply for pretrial in order to achieve justice, certainty and legal expediency.

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