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[Patent Licensing as the Implementation of Utilitarian Theory and a Part of Indonesia’s National Resilience ]]>
<![CDATA[Shelly Kurniawan]]>;
<![CDATA[Demson Tiopan]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i6.888
<![CDATA[The rapid development of technology, whether stemming from research results or technological advancements, can be protected through intellectual property, specifically patents. The regulation of patents is stipulated in Law Number 13 of 2016 concerning Patents, with amendments to several articles in Law Number 6 of 2023 concerning the Determination of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. Utilitarian theory, including its application in the context of patent licensing, is an integral part of patent regulation. However, the number of registered patent license agreements on the Directorate General of Intellectual Property's website is limited. Yet, a proliferation of licenses can enhance a country's national resilience. This study aims to investigate how the utilitarian theory within the patent system becomes a component of Indonesia's national resilience. This normative legal study examined secondary literature and legal regulations related to patents, books, journals, and papers concerning intellectual property law, particularly patents. The research findings indicate that the utilitarian theory can be implemented through licensing. Registering patent licenses in agreements is a legal prerequisite for protection. A high number of patent licenses can enhance Indonesia's resilience in terms of both economic and defense and security aspects]]>
<![CDATA[Balancing Taxation in the Indonesian P2P Lending Landscape: Ensuring Fair and Equitable Treatment ]]>
<![CDATA[Agustin Widjiastuti]]>;
<![CDATA[Nafis Dwi Kartiko]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i6.890
<![CDATA[This research aims to evaluate and compare the legal framework and tax policies of peer-to-peer lending (P2P lending) in various countries, using a normative juridical research approach. This research explores the tax implications and regulatory treatment of financial technology, particularly P2P lending platforms. The normative juridical research method focuses on the study of legal norms, principles, and doctrines. The results of this study show that there are significant similarities and differences in the VAT tax policies on P2P lending services in countries such as the European Union, Australia, Canada, and New Zealand. Each country recognises contributions under the P2P lending model as the provision of credit, which is generally exempt from VAT. However, there are differences in the treatment of the credit itself, eligibility for input tax credits, and the application of the principle of fiscal neutrality. From an Indonesian perspective, it is important to adapt tax regulations to digital innovations in the financial sector, considering the unique characteristics of technology-based financial services such as P2P lending. This policy should be able to address the complexity of services provided by P2P lending platforms and ensure fair and equitable tax treatment]]>
<![CDATA[Analysis of Media Framing on Indonesian Constitutional Court’s Decision Regarding Presidential and Vice Presidential Age Limits ]]>
<![CDATA[Didi Permadi]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i6.891
<![CDATA[The determination of the age limit for presidential and vice-presidential candidates is a crucial issue in the dynamics of Indonesian politics. The Constitutional Court's decision regarding this age limit has profound implications for the political landscape and the political participation opportunities for individuals aspiring to run for president or vice president. This research aims to understand the framing constructions of Tempo.co and Viva.co.id, two mass media outlets, regarding the coverage of the Constitutional Court's decision on the minimum age limit for presidential and vice-presidential candidates. The method employed in this research was based on the framing concept by Pan and Kosicki, which consisted of four main elements: syntax, script, thematic, and rhetoric. The results of the study show that Tempo.co framed this coverage by emphasizing the contrasting (negative) aspects of the decision. In contrast, Viva.co.id highlighted more positive aspects of the decision and focused on reporting the positive impacts of the Constitutional Court's decision]]>
<![CDATA[The Role of Spatial Planning Audit in Law Enforcement ]]>
<![CDATA[Myrna A. Safitri]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i6.899
<![CDATA[Spatial planning plays an essential role in disaster prevention because it can ensure the proper distribution of land use in accordance with the environment's carrying capacity. Uncontrolled land use has the potential to cause disasters in addition to the problems of environmental damage and pollution. Spatial audit in Indonesian law is one of the instruments used to implement spatial use control. Audit results can be used to support law enforcement. This article discusses how spatial audit can have a role in supporting law enforcement processes that are based on more comprehensive scientific data and analysis. This article results from dogmatic legal research based on data and analysis of Indonesian spatial legal norms. This research found that spatial audits need to be optimally implemented. In general, audits are conducted in response to public compliance, in the event of a disaster, or when the spatial plan is revised. In the future, it is recommended that audits be conducted regularly to support the effectiveness of spatial use control]]>
<![CDATA[Legal protection of patients in traditional medicine in the city of surakarta according to act no. 8 of 1999 ]]>
<![CDATA[Gunarto Nanang Prabowo]]>;
<![CDATA[Rizka Rizka]]>;
<![CDATA[Muchammad Iksan]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
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DOI: 10.35335/legal.v12i6.908
<![CDATA[Traditional medicine is a method of treatment or care using traditional procedures. Both rely on knowledge, experience and skills passed down from generation to generation based on local community traditions (custom). The aim of this research is to analyze consumer protection towards traditional medical practices in the city of Surakarta. This research employs empirical legal research method. The results of this research explain consumer protection in the Consumer Protection Act lies in consumer rights which must be fulfilled in the practice of traditional medicine. Apart from that, a clinical practice permit and drug distribution permit from BPOM must be in place. If there is negligence in the implementation of traditional medicine, civil legal action is taken through a lawsuit for unlawful acts or a lawsuit for default and penal legal action through a police report for alleged malpractice. Actions in the form of health services for traditional medicine must prioritize consumer protection in terms of the competence of therapists or doctors, practice permits, production permits and product distribution issued by BPOM and the Indonesian Health Service which aims to maintain patient security and safety.]]>
<![CDATA[Reform Of The Criminal Procedure Law And Criminal Law Enforcement In Indonesia ]]>
<![CDATA[Arjoni Putra]]>;
<![CDATA[Sungeng Dwiono]]>;
<![CDATA[M. Galib Iqbal]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i6.909
<![CDATA[Criminal Procedure Law (HAP) reform and criminal law enforcement in Indonesia are the main focus in the dynamic development of the criminal justice system. This abstract explores the significant changes in the Criminal Procedure Law implemented since the last few years and their impact on criminal law enforcement in Indonesia. The updates include revisions to provisions in the Code of Criminal Procedure, the introduction of technology in the judicial process, and measures to improve the efficiency and transparency of the criminal justice system. The study also analyzed the response of authorities and communities to the reforms, and evaluated their impact on justice, human rights, and the effectiveness of criminal law enforcement in Indonesia. The results of the study provide an in-depth understanding of changes in criminal procedural law and the dynamics of law enforcement in Indonesia, creating a foundation for continued debate and evaluation of future legal policies.]]>
<![CDATA[Liability of the Carrier for the loss of the Delivery (Studi Kasus CV. Maju Berkah Tanjung Transport) ]]>
<![CDATA[Selvi Apria]]>;
<![CDATA[Nurhilmiyah Nurhilmiyah]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i6.910
<![CDATA[This research is motivated by the phenomenon of the loss of consignments experienced by CV Maju Berkah Tanjung Transport as a goods transportation service company. The research aims to describe the causal factors, the concept of responsibility, and the obstacles in resolving cases of loss of consignments. The research method used in this research is sociological/empirical legal research or other terms used are sociological legal research and can also be called field research conducted through interviews with CV employees. Maju Berkah Tanjung Transport and document studies related to cases of lost shipments over the past year. The results show that the main causal factors are human negligence in the company's operational system and criminal acts. The concept of responsibility is based on the transport agreement and insurance contract to ensure certainty of compensation for customers and financial protection of the company. There are several obstacles in the claims process such as lack of valid evidence, excessive consumer demands, and indications of claim fraud. In conclusion, effective risk management and claims handling are essential to ensure that cases of lost goods are resolved without harming all parties concerned.]]>
<![CDATA[Exploring The Importance And Application Of Licensing Law In Environ-mental Protection In Indonesia ]]>
<![CDATA[Agung Prasetyo]]>;
<![CDATA[Slamet Riyanto]]>;
<![CDATA[Ibrahim Fikma]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i6.915
<![CDATA[Environmental pollution in Indonesia is a serious issue that affects a wide area. This article discusses the impacts of environmental issues, particularly related to the underdevelopment in Indonesia. One preventive measure taken to address environmental pollution is the implemen-tation of a legal permitting policy system. However, there are several issues within the permitting policy, including the mismatch between permitting policies and environmental issues in the re-spective regions. This article discusses the role of permitting laws in supporting environmental preservation and how law enforcement in the field of permitting law can address cases of envi-ronmental degradation. In the research context, the author uses normative and empirical legal research methods. In the main discussion, the article explains the role of permitting laws in sup-porting environmental preservation, including human rights related to the environment and ap-plicable regulations. Furthermore, the author discusses law enforcement in the permitting domain related to cases of environmental destruction, including the types of administrative and criminal sanctions that can be applied]]>
<![CDATA[Patent Licensing as the Implementation of Utilitarian Theory and a Part of Indonesia’s National Resilience ]]>
<![CDATA[Shelly Kurniawan]]>;
<![CDATA[Demson Tiopan]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
Show Abstract
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Check in Google Scholar
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DOI: 10.35335/legal.v12i6.888
<![CDATA[The rapid development of technology, whether stemming from research results or technological advancements, can be protected through intellectual property, specifically patents. The regulation of patents is stipulated in Law Number 13 of 2016 concerning Patents, with amendments to several articles in Law Number 6 of 2023 concerning the Determination of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. Utilitarian theory, including its application in the context of patent licensing, is an integral part of patent regulation. However, the number of registered patent license agreements on the Directorate General of Intellectual Property's website is limited. Yet, a proliferation of licenses can enhance a country's national resilience. This study aims to investigate how the utilitarian theory within the patent system becomes a component of Indonesia's national resilience. This normative legal study examined secondary literature and legal regulations related to patents, books, journals, and papers concerning intellectual property law, particularly patents. The research findings indicate that the utilitarian theory can be implemented through licensing. Registering patent licenses in agreements is a legal prerequisite for protection. A high number of patent licenses can enhance Indonesia's resilience in terms of both economic and defense and security aspects]]>
<![CDATA[Balancing Taxation in the Indonesian P2P Lending Landscape: Ensuring Fair and Equitable Treatment ]]>
<![CDATA[Agustin Widjiastuti]]>;
<![CDATA[Nafis Dwi Kartiko]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 6 (2024): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.35335/legal.v12i6.890
<![CDATA[This research aims to evaluate and compare the legal framework and tax policies of peer-to-peer lending (P2P lending) in various countries, using a normative juridical research approach. This research explores the tax implications and regulatory treatment of financial technology, particularly P2P lending platforms. The normative juridical research method focuses on the study of legal norms, principles, and doctrines. The results of this study show that there are significant similarities and differences in the VAT tax policies on P2P lending services in countries such as the European Union, Australia, Canada, and New Zealand. Each country recognises contributions under the P2P lending model as the provision of credit, which is generally exempt from VAT. However, there are differences in the treatment of the credit itself, eligibility for input tax credits, and the application of the principle of fiscal neutrality. From an Indonesian perspective, it is important to adapt tax regulations to digital innovations in the financial sector, considering the unique characteristics of technology-based financial services such as P2P lending. This policy should be able to address the complexity of services provided by P2P lending platforms and ensure fair and equitable tax treatment]]>
