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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
Juridical Review of Conduct of Traffic Violations Based on Lei No.6/2003 Raimundo Martins Freitas; Seguito Monteiro; Eugenio de Sousa Gusmão
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

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Abstract

Highway traffic plays a crucial role in transportation, but it requires further development to ensure it covers all areas and integrates seamlessly with other modes of transport. Unfortunately, the condition of roads and pedestrian facilities falls below standard, leading to frequent accidents due to lack of traffic awareness among drivers and pedestrians. The Codigo Estrada government regulation in Timor Leste emphasizes the importance of road safety and transportation, outlining rules for vehicles and pedestrians. To gather data for this study, the authors relied on empirical laws and interviews. Traffic violations that result in accidents are met with criminal and administrative sanctions, aiming to prevent future incidents. Hence, it is essential for the government to implement annual plans and educate the public through mass media to enhance awareness of traffic regulations in Timor Leste
Analysis of Barriers to the Implementation of Participatory Principles in Implementing the Functions of the Village Consultative Body to Improve Mukhammad Soleh
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.v13i1.948

Abstract

 The implementation of Village Government, between the Village Government and the Village Consultative Body must be carried out based on the principles of good governance. The Village Consultative Body has the function of discussing and agreeing on Draft Village Regulations with the Village Head; accommodate and channel the aspirations of the Village community; and supervising the performance of the Village Head. This research aims to analyze the factors that hinder the implementation of participatory principles in carrying out the functions of the Village Consultative Body; in Sukopuro village, Jabung District, Malang Regency. This research uses empirical juridical research methods, a sociological approach, extracting primary data through interviews and observations, while secondary data through literature study and analysis using sociological juridical analysis with the stages of data display, data reduction and drawing conclusions. The results of the research are that the factors inhibiting the implementation of participatory principles in carrying out the functions of the Village Consultative Body are internal factors: the Village Consultative Body (BPD) has not been able to accommodate the wishes of the community optimally; The quality of BPD's Human Resources (HR) is still lacking; Lack of socialization of BPD work programs. External factors: different human resources in the community; Society is less responsive to technological developments; The community is indifferent or does not care about the policies of the Village Government and the Village Consultative Body
Judge's Considerations in Land Sale and Purchase Agreements Through Absolute Power of Attorney (Case Study of Denpasar District Court Decision Number 679/Pdt.G/2021/PN Dps Achmad Murtadho; Elsa Assaris
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.v13i1.950

Abstract

Civil Lawsuit Decision Number 679/Pdt.G/2021/PN.Dps which states that the Deed of Strengthening Sale and Purchase which is an Absolute Power of Attorney Deed made before a Notary is SAH and binding. This is contrary to the law of binding sale and purchase agreements which are often used by community, but the absolute power of attorney agreement in binding sale and purchase is also not specifically regulated in statutory regulations: how the judge considers the agreement to bind the sale and purchase of land through absolute power (Case Study of Denpasar District Court Decision Number 679/Pdt.G/2021/ PN Dps); This research uses a type of normative juridical research, namely research that focuses on examining the rules or norms in positive law; Civil Decision in Lawsuit Number 679/Pdt.G/2021/PN.Dps Provides legal considerations that because the payment of the land purchase price has been made in full by the buyer, the power of attorney used in PPJB Deed Number 32 and Power of Attorney to Sell Deed Number 33 cannot be categorized as a form of absolute power whose use is prohibited. Regarding PPJB which is paid in full, based on research results, this is one of the conditions that is absolutely mandatory to be fulfilled if the parties are to exercise absolute power in the Land PPJB. (Making PPJB Land which uses absolute power of attorney has also fulfilled its obligation to provide legal protection and certainty for the parties. The agreement between the parties to make an absolute power of attorney is made based on the principle of freedom of contract as regulated in Article 1338 of the Civil Code. The parties are free to arrange the agreement as they wish as long as This does not conflict with law and legislation, morals, decency, decency and religion, public interests (van openbare order. The granting of power of attorney which cannot be revoked is valid if the agreement which is the basis for the granting of power has valid legal reasons.
Human Resources Capacity Development at the Jeneponto Regency Community and Village Empowerment Office Ririn Anugrah Wahyul; Muh. Thahir Haning; Suryadi Lambali
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.v13i1.951

Abstract

Human Resources capacity building is the process of improving the abilities, knowledge, skills, and attitudes of individuals and groups in an organization. The goal is to improve quality, productivity, and competitiveness in achieving certain goals. The purpose of this study was to determine and analyze Human Resource Capacity Development at the Jeneponto Regency Community and Village Empowerment Office. This research uses a type of qualitative research with a descriptive approach. Data collection techniques using observation instruments and in-depth interviews. With data analysis techniques, namely: Data condensation, Data Presentation and Conclusion Drawing. The results of this study indicate that the Jeneponto Regency Community and Village Empowerment Office should be appreciated for its continuous efforts in improving the quality of human resources through education and training, learning assignments, and promotions and awards. These efforts demonstrate the local government's commitment in realizing good and accountable village governance, as well as encouraging the progress and empowerment of village communities. With structured and sustainable efforts, the Jeneponto Regency Community and Village Empowerment Office can continue to improve the quality of human resources and realize quality, effective, and accountable village governance, for the progress and welfare of village communities
Juridical Review of Employment Agreements for Fixed and Indefinite Times from a UU Perspective No. 13 Year 2003 and UU Cipta Kerja (Case Study of the Verdict No.181/Pdt.Sus-Phi/2020/Pn.Mdn) Herman Brahmana; Monica Cita Laras Samosir; Dina Ariani L. Tobing; Joyce Shania Silaban
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

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Abstract

There are two types of employment agreement formation, namely PKWTT and PKWT. However, in its application, PKWT by companies has several things that are contrary to the regulations in the Employment Law and work agreements, therefore regulations related to employment are still hampered by various problems, obstacles and challenges that need to be faced and require a resolution process through the courts. In this case, normative juridical research methods are used in this research. Primary, secondary and tertiary legal materials are used as research legal materials. The employment relationship between employers and workers is based on a work agreement which is based on Law Number 13 of 2003 concerning Employment and the Job Creation Law
The Urgency of the Principle of Balance in the Service Bond Agreement of Lion Air Group Wulandari, Maria Mu’ti; Afwa, Ulil; Sutrisno, Putri Ayu
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.v13i1.902

Abstract

The concept of balance is vital in work contracts, where mutual fulfillment of rights and obligations ensures justice. Specifically, this study will focus on the balance principle within the service bond work agreement at Lion Air Group, by examining its relevance and the legal protection it offers to pilots. Utilizing a normative juridical approach, the research analyzes the Lion Air Group Service Association Work Agreement. Findings reveal that the agreement between PT. Lion Mentari Airlines and its pilots employs standard clauses which fail to uphold the balance principle. There is an evident imbalance in the rights and obligations of the parties involved. Emphasizing the balance principle is crucial in standard contract agreements to address this disparity. The significance of this principle in work agreements extends to enhancing worker welfare, safeguarding against unjust practices, preventing illegal actions, strengthening industrial relations, and reducing workplace disputes. Overall, the study highlights the urgent need for equitable balance in work contracts to ensure fair and just treatment of all parties involved
Mandatory Testament for heirs of different religions Ika Prabowo, Laurensia Sherlyn Tania; Wardana, Nyoman Arya Kusuma; Indriarukmana, Amelya Rizky; Prastiyowati, Dian; Oliviantari, Sofia Ramdhani
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.v13i1.914

Abstract

A Testament as part of an inheritance is given to heirs or relatives who do not receive a share of the inheritance because they are prevented by religious rules. Problems arise because the Compilation of Islamic Law does not strictly regulate inheritance for heirs of different religions. Article 171 letter c of the Compilation of Islamic Law determines that the heir is someone who is Muslim. However, it does not regulate the amount and requirements for mandatory bequests for heirs of different religions. The problem studied in this research is how the mandatory Testaments of heirs of different religions are regulated according to Islamic law and is related to the basis for considering the judge's decision regarding the mandatory Testament of heirs of different religions. This research is Normative Law research using legal literature with a statutory regulation approach, case approach and conceptual approach. The result of this research is that the Compilation of Islamic Law does not regulate the size of the share and requirements for obligatory Testament for heirs of different religions, but only for heirs who do not get their rights because they are hindered by sharia, such as adopted children and adoptive parents. Judges have the authority to carry out rechtvinding or ijtihad in resolving cases if a legal vacuum occurs. This is reflected in several Court decisions and Constitutional Court decisions which provide mandatory Testament for heirs of different religions based on considerations of humanity and justice
The level of awareness of the community of Sibolga City and its surroundings about the Law on Child Protection Tanjung, Syamriansyah; sitepu, Rajin
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.v13i1.918

Abstract

This research is motivated by the fact that the rate of convictions is high in cases of criminal acts of violence against children. Data from the Sibolga City District Court, whose jurisdiction covers Sibolga City and its surroundings, shows that there have been 143 cases of violence against children in the last 6 years. The aim of this research is to analyze the level of awareness of the people of Sibolga City and its surroundings regarding the Child Protection Law. The method used in the research is empirical legal research (sociology) to see the level of awareness of the people of Sibolga City and its surroundings regarding child protection laws. The approach taken in this research was by distributing questionnaires using Google Form with the results of 89 respondents consisting of 58.4% women and 41.6% men with various jobs such as 67.4% in the private sector, 30 civil servants/ASNs. .3% and the rest is BUMN/BUMD. The results of this research show that the level of knowledge of the people of Sibolga City and its surroundings regarding the Child Protection Law is 93.3% aware that there is a law regarding child protection, 93.3% know about the existence of children's rights, 93.3% of parents do not have committed violence in the form of discrimination, neglect, exploitation of children, and 97.8% have an advisory attitude, meaning they do not commit violence against children who are naughty, rebellious, truant from school, and like to disturb their friends. So the conclusion that can  be drawn from this research is that there is no correlation between the high level of violence against children that occurs and the level of legal awareness of the people of Sibolga City and its surroundings
Juridical analysis of the rights of workers who are terminated due to refusal of mutation in terms of law no. 13 of 2003 concerning labor manpower Sunarto, Atika; Efendi, Stanley A.; Adnan, Ali; Kelly, Kelly
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.v13i1.920

Abstract

Workers in Indonesia have the right to reject mutations, as stated in Article 32 paragraph (1) letter b of Labor Law No. 13 of 2003. This provision allows workers to refuse changes in employment conditions, including relocation, if these alterations violate employment agreements, company rules, or legal statutes. The research, following a normative approach and using secondary data sources, highlights that workers can refer to Articles 31 and 32 to assess the compatibility of mutations with existing regulations. Termination of employment, as defined in Article 1 Point 25 of the Labor Law, can occur due to specific events resulting in the cession of rights and obligations between workers and employers. Rejection of mutations may lead to termination, according to Article 161 of Law No. 13 of 2003, with a mandatory issuance of warning letters. Disputes can be resolved through the Industrial Relations Court or alternative mechanisms, including Bipartite, Tripartite, Mediation, Conciliation, and Arbitration. If out-of-court attempts fail, the Industrial Relations Court serves as the final resolution step, involving filing a lawsuit and examination procedures in the local court
Legal Accountability for Police Members Involved in Narcotics Crimes Romdoni, Muhamad
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.v13i1.921

Abstract

This writing aims to determine the factors that cause Polri members to be involved in narcotics crimes and the legal accountability of individual Polri members who are proven to have committed narcotics crimes. The writing emphasizes normative law, with the data source being secondary data. The conclusions obtained are as follows: First, the factors that cause members of the National Police to be involved in criminal acts are personal, the environment, the economy, and weak internal supervision from the National Police. Second, members of the National Police proven to be involved in narcotics crimes can be held legally accountable through administrative sanctions in the form of dismissal for violating the code of ethics. Criminal liability can be sought in the form of a prison sentence by the provisions of Law Number 35 of 2009 concerning Narcotics.

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