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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 50 Documents
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Search results for , issue "Vol. 13 No. 1 (2024): April: Law Science and Field" : 50 Documents clear
Guarantee of Legal Protection for Child Laborers Regarding Types of Work and Working Hours in Accordance with Normative Rules Firstnandiar Glica Aini Suniaprily; Hanuring Ayu Ardhani Putri; Nourma Dewi
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.928

Abstract

The problem now is, whether child labor is actually allowed in accordance with Law Number 35 of 2014 concerning Child Protection or based on Law Number 6 of 2023 concerning Employment Cluster Job Creation or whether there are exceptions to the arrangements for child labor It is necessary to pay attention to how the state pays attention to the problem of child labor, then we must also be observant of the factors that cause the rampant phenomenon of child labor in Indonesia.The type of research used is normative juridical legal research, said to be normative legal research because it uses primary data sourced from library data and laws and regulations. This research uses a statutory approach, namely an approach to examine the laws and regulations related to the protection of child labor. In addition to using a statutory approach, a literature approach is also used to collect secondary legal materials.Special laws to protect children's rights in Indonesia are contained in Law Number 35 of 2014 concerning Child Protection. The Law on Child Protection is a concrete form of affirmation of the legalization of children's rights derived from the Convention on the Rights of the Child and national legal norms. Based on Law Number 35 of 2014 concerning Child Protection and Law Number 13 of 2003 which has changed to Law Number 6 of 2023 concerning Employment Cluster Job Creation, it explains that children are actually allowed to work as long as they are in accordance with the criteria stated in the laws and regulations, more precisely regarding the rules for the type of work and appropriate working hours, and when a child works, they must meet the conditions that have been described as well
Finding a new direction for Indonesian democracy: analysis of limitations of the president's powers in the amendments to the constitution Enny Agustina; Misnah Irvita; Saharuddin Saharuddin; Erman I Rahim; Mohamad Hidayat Muhtar
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.929

Abstract

The purpose of this study is to investigate the rationale and consequences of the strategy of reducing executive authority, particularly that of the president, that was incorporated into the Republic of Indonesia Constitution of 1945 (UUD 1945) via a series of modifications. To comprehend the modifications to the constitution, this study employs a normative or doctrinal approach, concentrating on the analysis of pertinent papers, reports, and literature. According to the findings, these amendments were implemented in reaction to calls for reform and democratization. They sought to build a more balanced system of government with strong principles of checks and balances among the executive, legislative, and judiciary, and they eliminated the sacred and static views of the 1945 Constitution during the New Order era. This embodies the shift in Indonesian governance from a top-down, autocratic system to a bottom-up, democratic one, where checks and balances on the presidency are put in place to forestall any return to autocracy and guarantee greater citizen input into policymaking
Motorcycle Consumer Protection in Indonesia: An Analysis of eSAF Frame Implementation on Honda Matic Motorcycles Yustisio Mahendra; Winserly Tan; Rufinus H. Hutauruk
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.931

Abstract

This research examines the protection of motorcycle matic consumers in Indonesia through an analysis of the implementation of the eSAF frame on Honda automatic motorbikes. The design of this research is normative legal research. This research uses a case approach method and a statutory approach. The results of the study, first, analyze the relevance of the Consumer Protection Law to Honda matic motorcycle users in Indonesia highlighting the need for legal reform in the face of changing times. Second, according to Article 4 of the Consumer Protection Law, consumer rights involve aspects of comfort, security, and safety in using goods and/or services. In addition, consumers have the right to receive correct, clear, and honest information regarding the condition and guarantee of goods and/or services from business actors. Third, the Consumer Protection Law is present to provide protection to consumers, as well as encourage them to be more critical and courageous to demand their rights if they feel harmed by business actors
Analysis of Judges' Considerations in Considering and Imposing a Niet Ontvankelijke Verklaard (N.O) Decision at the Sleman District Court Joko Susilo; Ade Gunawan
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.933

Abstract

 This research explores lawsuits containing formal defects from 2022-2023 which resulted in a lawsuit being declared inadmissible or Niet Onvankelijkverklaard by the judge. The focus is to examine what the judge considers so that the judge in his decision makes a decision containing the ruling that the lawsuit is declared inadmissible or Niet Onvankelijkverklaard. This research applies the normative-empirical method using a qualitative descriptive approach, namely the research process by seeking information by going to the field by visiting the Sleman District Court. The research data sources are primary and secondary data sources, primary data sources are through laws and information obtained in the field while secondary data sources are literature studies such as journals, books and encyclopedias. The results of this study are from the 2022-2023 decision data, it was found that most of the decisions were declared unacceptable due to obscuur libel and the factors of unacceptable decisions other than obscuur libel were also suspected of other factors such as lack of parties, premature lawsuits and unclear legal standing
Ethical Attitude of the Evangelical Christian Church in Halmahera towards the 2024 Political Year in North Halmahera Remelia F. Dalensang; Marton Tasiringan
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.935

Abstract

This research uses a qualitative method with a descriptive analysis approach. The purpose of this research is to determine the ethical attitude of the Church to prevent the impact of differences in elections in political moments and to find out whether the church can be involved in practical politics or not. Based on the research results, the process of socialization to the congregation in order to provide a good understanding of politics has been conducted for a long time. However, there are some problems such as this socialization cannot be performed to all GMIH congregations in North Maluku. The other results of the research, as at the Evangelical Christian Church in Halmahera, show that the congregation is not involved in practical politics but the Church is present to provide understanding to all congregations about good politics and invite them to give their rights (votes), both to elect and be elected in the general elections (Pemilu) or in the regional elections (Pemilukada) in 2024
Legal Awareness Of Hospitals In The Implementation Of The Regulation Of The Minister Of Health No. 44 Year 2018 On The Effectuation Of Hospital Health Promotion (Study At Hj. Fatimah Sulhan Pku Muhammadiyah Demak Hospital Ahmad Ghufron; Rizka Rizka; Wardah Yuspin
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.936

Abstract

Health Promotion is a process to empower the society through activities to inform, influence and assist the society to play an active role to support behavioral and enviromental changes and maintain and improve health towards optimal health status. The purpose of this study was to analyze the awareness of the implementation of PKRS based on Permenkes No. 44 of 2018 at Hj. Fatimah Sulhan PKU Muhammadiyah Demak Hospital. This research uses empirical research. The results of this study explain that hospitals in the implementation of PKRS based on Permenkes No. 44/2018 focus on 2 aspects, namely PKRS management and fulfillment of PKRS standards. In the preperation carried out, hospitals must consider the rules of the PKRS guidelines that have been regulated in the regulations. These regulations must not contradict but ini making internal rules, hospitals can add according to the technical needs of PKRS. The hospital has adjusted the PKRS guidelines and work program with the guidelines regulated by Permenkes No. 44/2018
Maqashid Syariah Review of Payment of Workers' Wages in the Self-Help Housing Stimulant Assistance Program (BSPS) in Teluk Pakedai District Aiyub Anshori; M. Khairul Anwari; Rahmat Rahmat; Amrin Amrin
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.939

Abstract

The aim of this research is to raise the issue of wage payment schemes. Based on the data, there are still many people who pay wages using a process that is not in accordance with the contract that has been determined, and there are still many people who make wage payments without paying attention to the appropriate time period and amount of wages. So in this research we will discuss how the implementation of worker wage payments in the self-help housing stimulant assistance program (BSPS) is appropriate from a Maqashid Syariah perspective. The government has a program to eradicate uninhabitable housing with a housing assistance program for low-income communities through the PUPR ministry. West Kalimantan, especially Kuburaya district, is in the spotlight with a larger aid allocation quota than other districts. This assistance was in the form of money which was then spent collectively by the beneficiaries amounting to twenty million, with details of seventeen million five hundred thousand for building materials and two million five hundred thousand for workers' wages. Wage payments are made after the house is built by the beneficiary with their own self-sufficiency, so a problem arises in the payment of workers' wages which is deferred until the house is completely built and still has to wait for the entire group to complete its obligations as a condition for paying workers' wages. Based on Maqashid Syariah's review, the process of paying wages in the BSPS program is seen from the indicators of protecting religion, protecting the soul, protecting offspring, protecting property, protecting, and reason. These are not all contradictory, but need to be reviewed from the perspective of dharuriyyat, tahsiniyyat, hajjiyat
Legal Responsibility Of Medical Personnel In Carrying Out Medical Procedures Muhammad Nur Aji Basuki; Wardah Yuspin; Siti Soekiswati
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.940

Abstract

Informed consent is a statement given by a patient to a doctor that he agrees to a medical procedure. Apart from that, informed consent itself is a form of communication between the patient and the doctor with the aim of providing information regarding surgical and/or treatment plans, surgical risks, surgical benefits, disease prognosis and etc. The aim of this study is to analyze the medical responsibility of medical personnel for medical procedures through informed consent. This research uses empirical juridical research. The results of this study explain the important role of informed consent in the practice of medical procedures in hospitals by medical personnel and the responsibility of medical personnels when there are allegations of malpractice committed due to negligence by medical personnel in carrying out their obligations to carry out medical procedures on patients
Protection Of Children's Rights Within The Family M. Kaprawi Abdul Majid
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.941

Abstract

It is necessary for children to receive guidance and protection from parents, family, the government, and adults during their development in understanding the environment. Judging from various areas of life, children are not yet capable enough to protect themselves from actions that cause mental, physical, and psychological harm. Therefore, nowadays, considering the situation and conditions with the emergence of increasingly advanced technology, children need help from other people, especially from the family, to protect themselves. This research uses the library research method or literature study, namely reviewing data sources with references to books or articles, previous research journals, and other scientific writings related to the theme of this research. The research results show that the protection of children's rights in Islamic family law both in court (product of decisions and determinations) and outside of court (mediation) exists in two forms, namely hadhanah and guardianship
Identity Fraud In Polygamy, A Review Of Court Decisions Taufika Hidayati; Zetria Erma
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.944

Abstract

Marriage is a form of worship because it has a noble purpose to maintain human survival as stated in the Qur'an. It is hoped that a marriage will be carried out forever and without anything being hidden. In Islam, a husband is allowed to have more than one wife (polygamy) as long as he can act fairly and comply with applicable regulations. When you want to remarry, one of the conditions is the wife's consent and permission from the Religious Court. The husband committed the falsification of his identity when he was about to remarry. Through analytical descriptive research, this article aims to understand the terms and conditions of polygamous marriages and for husbands to understand the impact of the law on falsifying identities in marriage. The presence of identity falsification is one of the judge's considerations in handing down a decision to annul a marriage

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