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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 11 Documents
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Search results for , issue "Vol. 12 No. 3 (2023): August: Law Science and Field" : 11 Documents clear
The Role of Judges in Criminal Case Trials as Modification and Reform of Criminal Law Septatinus Hia; Felianis Ndruru; Zetria Erma
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.794

Abstract

Judges as modifiers and reformers of law mean that judges act as law inventors (recht vinding), in accordance with cultural values that live in society, especially Five pillars values. The aim of this research is to find out the role of judges as modifiers and law reformers who can be a reference for justice seekers and as jurisprudence for law enforcers. The type of research in this paper is normative with a statutory and conceptual approach. Meanwhile, the specification of this research is analytical descriptive. The data used is secondary data consisting of primary legal materials in the form of the 1945 Constitution, Law no. 48 of 2009 concerning judicial power, and secondary legal materials such as books, journals, and writings related to research titles. The role of judges in deciding criminal cases is expected to fulfill a sense of justice for society. In deciding a case, judges have freedom and power, therefore, apart from paying attention to the provisions written in the law, judges also use instinct, namely based on the judge's beliefs and the sense of justice in society. This is in line with the idea of a progressive type of law enforcement. For this reason, it is suggested that judges and constitutional judges must explore, follow, and understand legal values and a sense of justice that live in society and pay attention to the principles of justice and legal certainty
Restorative Justice Efforts Inin The Settlement Ofof Narcotic Crime Byby Children (No. 10/Pid.Sus-Anak/2018/PN.K) Riski Khoiria Hutagalung; Efendilius Halawa; Winta Hayati
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.795

Abstract

Protection Commission (KPAI) has created an increase in the involvement of children in black drug trafficking. Meanwhile, in 2017, in a survey conducted by the Ministry of Health, it was stated that there were more than 22,000 drug problems in high school students' areas, 6,000 cases in junior high school students, and 3,000 problems for elementary school students. With the aim of this research, it is hoped that law enforcement officials, especially the police, must become the initiator and facilitator of the prosecution of children in conflict with the law by appealing to all parties involving perpetrators, victims, their parents, the surrounding community, or the school to sit together in dialogue meetings. the settlement process uses a restorative justice approach. This study uses a statutory approach (statute approach) and a case approach (case approach). Apart from the debate about the issue of violations of the Narcotics Law which are increasingly becoming a frightening crime for the community, child actors should be given their rights to obtain recovery as aspired to in the principle of restorative justice. However, in reality, in Verdict No. 10/Pid. Sus-Children/ 2018/ PN. Then, the child actually experienced significant difficulties in recovering mentally and psychologically because the panel of judges sentenced him to one year and 6 months in prison. Based on the above review, it can be concluded that the panel of judges in Verdict Number 10/Pid. Sus-Children/ 2018/ PN. KDI has not really thought deeply about implementing the principles of benefit and restorative justice. These considerations should be a serious concern for each judge when dealing with children as defendants in any matter. This journal examines the Medan City District Court decision No. 10/Pid.Sus-Anak/2018/PN.K in the case of criminal acts of Narcotics, Narcotics Law No. 35 of 2009 concerning Narcotics, in which the perpetrators of the crime of narcotics abuse who are subject to criminal sanctions are clearly categorized as minors. However, in their decision, the panel of judges imposed a prison sentence of one year and six months, while in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This paper focuses on examining the extent to which judges consider the principles of expediency and restorative justice for the child in Decision Number 10/Pid.Sus-Anak/2018/PN.Kdi. The research in this writing is normative juridical law research with a case study approach. The conclusion is that judges are more likely to focus their considerations on the side of legal certainty without being more observant in exploring restorative justice from the decisions they pass on child defendants.
Control Over Land Owned By Others Reviewed From Criminal Law Idah Yani Gea; Kasiria Lafau; Jenda Ingan Mahuli
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.796

Abstract

The purpose of this research is to determine the tenure over other people's land in terms of criminal law. The type of research in this paper is qualitative-normative with a legal (conceptual) approach. Meanwhile, the approach in this research is analytical descriptive. The data used are secondary and primary data. Primary data is in the form of laws and regulations such as the Criminal Code (KUHP), Law No. 51 of 1960 concerning the basis of Agrarian Principles. While secondary data is like the writings of scientists in the form of journals, theses, other scientific works related to the research title. The results of the study show that the control of land over other people's property is generally regulated in the Criminal Code Law Article 385 Land grabbing over land rights in a broad sense is also regulated in Law No. 51 of 1960 (Perpu) concerning the prohibition of using land without a permit Those who are entitled to the land are contained in Articles 2 and 6. So, in this case the act of controlling land over other people's property rights can be punished as regulated in the laws and regulations. Thus it is hoped that law enforcers will make decisions against the perpetrators of crimes in accordance with existing regulations.
The Juridical Implications of Designating Cultural Heritage Areas on Spatial Utilization and Natural Resource Utilization Bagas Hega Samudra; Agus Sekarmadji
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.797

Abstract

Mount Penanggungan is a sacred mountain in East Java with rich cultural wealth, including archaeological sites from the Hindu-Buddhist era that have been legalized by the decree of the Governor of East Java No. 188/18/KPTS/013/2015 then improved by the decree of the Governor of East Java No. 188/627/KPTS/013/2017. However, sand mining activities in the area have the potential to damage cultural heritage and the environment. This study explores the legal framework for protecting cultural heritage areas, including regulations and duties assigned to the government/local governments. The study also identifies three main problems that hinder the implementation of the law: legal substance, legal structure/institution, and legal culture. Despite the existence of laws, sand mining activities continue because of the community’s dependence on the economy, imbalance of legal overlap, and low legal awareness among government officials and the community. To overcome these problems, this study recommends improving legal substance, legal structure/institution, and legal culture through education, counseling, role modeling, and law enforcement. More comprehensive protection and law enforcement are needed to preserve cultural heritage. This study contributes to the understanding of the legal framework for protecting cultural heritage areas and provides recommendations to the government to implement the law effectively
Legal Politics Formation of Act No.17 of 2019 concerning Water Resources Muhammad RM Fayasy Failaq; Arsyad Surya Pradana
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.818

Abstract

Act No. 17 of 2019 concerning Water Resources is a very dynamic legal product. Its formation has many influencing factors, one of which is the Constitutional Court Decision No. 85/PUU-XI/2013 which canceled Law no. 7 of 2004 and restore the enactment of Law no. 11 of 1974 concerning Irrigation. In implementing Law no. 11 of 1974 was considered incapable of being the basis for regulating water resources, so that since 2017 the Academic Paper of the Water Resources Bill has begun to be drafted. The study will focus on the formation of Law no. 17 of 2019 by using legal politics as a knife for analysis. The research method is juridical-normative with the type of library research to examine secondary sources with legal and historical approaches. The results of this study are that there are differences and developments in the style of laws related to water resources that apply in Indonesia, starting from the first with a centralized pattern to the latter becoming decentralized with the domination of permits by the center. The dynamics of the legislation of this Law runs smoothly with the forming factors which include Article 33 of the 1945 Constitution of the Republic of Indonesia, MK Decision No. 85/PUU-XI/2013, RPJP 2005-2025, RPJMN 2015-2019, and Study of the Water Resources Bill in Academic Papers. Lastly, this law was born in a democratic political configuration and the characteristics of its legal products are responsive even though it still adheres to the concept of water privatization which is rejected by several parties
Crimination of Acts of Violence Which Performed Arbitrarily for Superiors Against Underboards in the Military Environment Anggriani Wau
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.824

Abstract

This research aims to investigate the process of prosecution for arbitrary acts of violence committed by superiors against subordinates in the military environment. The study will employ a qualitative approach by collecting data through interviews with key informants who have experiences in the military environment, such as military legal experts, military personnel, and victims of violent acts. Data will also be gathered through a literature review on military policies and laws related to cases of violence by superiors against subordinates.The findings of this research will provide a clear overview of the prosecution process for acts of violence in the military environment and identify the factors that influence the success or failure of such processes. This study will also provide policy recommendations to enhance the effectiveness of prosecuting acts of violence by superiors in the military environment and pave the way for further research on human rights issues in the military context
Harmonization of Notary Office Law With ITE Law Related to Electronic Notary Protocol Syarifa Yasmin Datau; Ranti Fauza Mayana; Muhamad Amirulloh
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.830

Abstract

This article examines the implementation of the principle of legal certainty in the regulation of electronic notary protocols through harmonization of the UUJN with the ITE Law in the framework of digital transformation and what legal theory is most appropriate to use to renew the UUJN regarding the electronic notary protocol. The research method used is normative juridical using a statutory approach with descriptive analytical research specifications and qualitative juridical data analysis methods. Based on the results of the research, the implementation of the principle of legal certainty in the regulation of electronic Notary protocols through harmonization of the UUJN with the ITE Law has not been implemented properly, this can be initiated by specifically and formally accommodating the electronic Notary protocol in the UUJN when the electronic Notary protocol has been regulated in the UUJN then harmony with the ITE Law will be realized so that the principle of legal certainty can be realized. The most appropriate legal theory to use in the context of updating UUJN related to electronic notary protocols to provide more benefits to society 5.0 in the digital transformation era is Constitutional Theory, Developmental Law Theory, and Lex Informatica
Roles and Responsibilities of the Notary in Establishment of Cooperatives Ana Indrawati
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.834

Abstract

One aspect that is considered important that must be complied with by all legal entities, especially cooperative legal entities is the aspect of legality. To legalize it, it is necessary to draw up a deed that is ratified by an authorized official, in this case, namely a notary. The main objective of establishing a cooperative is to meet the needs of all members at the best possible level in different economic, social and political conditions. The result of research describe the role of the notary in legalizing the deed of establishment of a cooperative is that of a general official, whose main task is to draw up an authentic deed proving the special legal actions taken in the process of founding and the articles of association, and other deeds. Approval from the competent authority must be obtained in connection with cooperative activities. In conclusion, with the deed of establishment that has been legalized by a notary, it is hoped that the cooperative will become a clear legal entity and can protect its managers and membersrom various violations or irregularities that can occur in the operation of cooperatives.
The Effectiveness of e-Government at the Population and Civil Registration Office of Gowa Regency Hardi Setiawan; Muhammad Akmal Ibrahim; Muhammad Yunus
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.835

Abstract

Electronic government has been defined as the use of information and communication technologies in government settings. This article investigates the effectiveness of e-government initiatives at the Population and Civil Registration Office of Gowa Regency across five key indicators of effectiveness: program understanding, target accuracy, timeliness, goal achievement, and real change. The research findings demonstrate that while there is a strong understanding of the program among personnel, the community faces challenges in comprehending the online-based population services. Target accuracy is achieved through the implementation of Standard Operating Procedures (SOP), ensuring adherence to predetermined rules. The program's timeliness dimension is met by providing one-day service within specified working hours. Goal achievement is observed through increased community satisfaction due to improved convenience and reduced bureaucracy. Real change is evident in enhanced transparency, accountability, and efficiency of government services. However, challenges remain, including the need to improve community understanding, expand online services, and address under-registration. By addressing these challenges and sustaining efforts for innovation, e-government can further enhance service effectiveness at the Population and Civil Registration Office of the Gowa Regency
Legal Analysis and Health Insurance System in Indonesia Frans Simangunsong; Budiarsih Budiarsih
LEGAL BRIEF Vol. 12 No. 3 (2023): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i3.838

Abstract

This research was conducted to find out how the legal urgency analysis and health financing system in Indonesia are. What are the procedures and challenges of the health financing system through BPJS in Indonesia? The method used in this study is normative research, namely studying various legal regulations or laws that are appropriate, while analysis is carried out through literature reviews of various relevant journals to find new hypotheses and new recommendations. The results of this study found that the urgency of legal regulation and the financing system and health insurance is a basic right as the human rights concept ratified by Indonesia as a form of welfare state. That fulfillment of the right to health through the SJSN system and choosing BPJS as the managing institution. BPJS mechanisms already exist but there are still deficiencies in practice. The National Health Insurance implements a tiered health service system, consisting of First Level Health Facilities and Advanced Referral Level Health Facilities.

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