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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
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 Ghufron, Ahmad; Rizka, Rizka; Yuspin, Wardah
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 Anshori, Aiyub; Anwari, M. Khairul; 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 Basuki, Muhammad Nur Aji; Yuspin, Wardah; Soekiswati, Siti
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 Abdul Majid, M. Kaprawi
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 Hidayati, Taufika; Erma, Zetria
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
Juridical Review of Conduct of Traffic Violations Based on Lei No.6/2003 Martins Freitas, Raimundo; Monteiro, Seguito; Gusmão, Eugenio de Sousa
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

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 Soleh, Mukhammad
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 Murtadho, Achmad; Assaris, Elsa
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 Wahyul, Ririn Anugrah; Haning, Muh. Thahir; Lambali, Suryadi
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) Brahmana, Herman; Laras Samosir, Monica Cita; L. Tobing, Dina Ariani; Silaban, Joyce Shania
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

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