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[Legal Aspects of Copyright on Book Photocopying Business Activities ]]>
<![CDATA[Debora Debora]]>;
<![CDATA[Haposan Siallagan]]>;
<![CDATA[Jesella Ramayanti Nainggolan]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.956
<![CDATA[Photocopied books are sold at much cheaper prices than original books. These pirated books are very popular with college students because of their affordable prices without thinking about the authenticity of the book. Books are objects of Copyright which are protected by law, therefore the author of the book as the creator and/or holder of Copyright for the work of the book has exclusive rights, namely the right to monopolize his creation in an effort to protect his creation from other parties, such as the right to publish and multiplying his creations or giving permission to other parties to gain economic benefits. Even though copyright is an individual right, there are certain limits regarding public authority to provide access to information for society at large. This article examines how copyright is limited in duplicating books for educational purposes and how UUHC enforces book duplication without the author's permission. The method used to study this problem is the normative research method. Based on the results of the study, it can be concluded. Copyright restrictions can be made as long as they do not conflict with morals, religion, public order, decency, national defense and security. The Copyright Law contains restrictions on Copyright related to education as stated in Article 44 jo. Article 86 wherein stating the specified source, or the obligation of the copyright holder concerned to give permission to another party to translate and/or reproduce the work or can also appoint another party to carry out the translation/reproduction of the work. This is done for creations in the fields of education and research. Law enforcement regarding Copyright violations can be resolved through civil dispute resolution and criminal prosecution]]>
<![CDATA[Legal Protection For The Tapian Dolok Community Against The Negative Impact Of The Construction Of The Tebing Tinggi-Sinaksak Toll Road Se-tion ]]>
<![CDATA[Destia Azzahra]]>;
<![CDATA[Khalid Khalid]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.957
<![CDATA[In order to realize equitable national development, the government is aggressively building infrastructure in Indonesia. One of the infrastructure developments is the construction of toll roads. The purpose of this research is to provide legal protection for the Tapian Dolok community against the negative impact of the Tebing Tinggi-Sinaksak toll road construction. This research is a type of qualitative research that uses an empirical juridical legal approach. Data sources were obtained by interviewing several sources and analyzed with existing legal regulations. The results showed that there were many positive impacts that could be felt from the construction of this toll road. However, there were also people who experienced negative impacts from the construction of this toll road such as clogging of waterways resulting in flooding, some road structures were damaged due to large vehicles transporting toll road construction needs such as; building raw materials and building construction tools. Then, some MSME traders lost buyers]]>
<![CDATA[Customer Data Protection by Bank Rakyat Indonesia is Reviewed by Law Number 27 of 2022 Concerning Personal Data ]]>
<![CDATA[Della Gatiko Negoro]]>;
<![CDATA[Gunawan Hadi Purwanto]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.958
<![CDATA[This research aims to determine the suitability of Bank Rakyat Indonesia's form of personal data protection for customers in accordance with Law Number 27 of 2022 concerning Personal Data Protection. Individuals and community groups take advantage of the lack of boundaries between public space and privacy to operate and seek profits via the Internet, giving birth to a phenomenon known as cybercrime, one of which is the violation and theft of personal information. The research method used is normative-empirical legal research. Data sources come from primary legal materials and secondary legal materials. Qualitative data analysis techniques are presented descriptively. The result is that the right to privacy is part of human rights which is specifically protected by the Personal Data Protection Law no. 27 of 2022 as a response to developments in technology, information and communication. The aim of enacting the Personal Data Protection Law Number 27 of 2022 is to protect and guarantee the basic rights of citizens in protecting the privacy of personal data. Then, the substantive framework of the Personal Data Protection Law Number 27 of 2022 is also in line with the right to privacy and the values ??contained in the philosophy of Indonesian society. Law Number 27 of 2022 concerning Personal Data Protection is expected to guarantee comprehensive protection and prevent illegal activities against the personal data of Indonesian citizens]]>
<![CDATA[Legal Protection for Paylater Organizers in Bad Credit Using the Peer To Peer (P2p) Lending System ]]>
<![CDATA[Siti Ayu Asiyah]]>;
<![CDATA[Hanin Alya'Labibah]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.959
<![CDATA[Peer to Peer(p2p) lending is an online loan system in the financial services sector between loan recipients and lenders so that this system presents a pay later method which is the result of financial technology (fintech) in the financial services sector. The peer to peer (P2P) lending and borrowing process using the paylater method, even though it is done online, may result in legal consequences. The aim of this research is to find out how paylater credit is regulated using the peer to peer (p2p) lending system in society and to understand the legal protection that occurs if debtors face default or bad credit. The method used in this research is normative legal research using a statutory approach and a conceptual approach. The results of this research are that the legal protection that can be obtained by debtors is by using preventive and repressive legal protection, where later in this protection there are several stages of resolution that can be taken]]>
<![CDATA[Analysis of strengthening the traditional system of village head elections viewed from the democratic aspect ]]>
<![CDATA[Abdul Muammar Imran]]>;
<![CDATA[Hayat Hayat]]>;
<![CDATA[Hirzhi Andza]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.960
<![CDATA[This research tries to look again at the government system through the Lamahala Adonara Custom of East Flores. This shows that even though Lamahala Jaya is covered by binding customary rules, traditional stakeholders and the community still respect the implementation of democracy in Indonesia. Lamahala Jaya as one of the traditional villages in Indonesia has become a tradition passed down from generation to generation that in carrying out the wheels of power so that they continue to follow the inherited customary system. The aim of this research is to find out the common ground that occurs in the implementation of democracy adopted by Indonesia based on the rules of the Constitution and the rules of the customary system that applies in Lamahala Jaya Village. This research uses a qualitative approach because it can directly create a more sensitive relationship between researchers and informants. The process of selecting the Village Head in Lamahala Jaya Village, East Adonara District, East Flores Regency began with the formation of a committee by the Bela Tribe of Telo whose members came from Kapitan Pulo and Pegawe Lema, followed by the election of the Village Head with the criteria of being devoted to God Almighty, knowing history, coming from from the Bela Telo tribe, wise, fair, honest and humane]]>
<![CDATA[Implementation of Marketing Communication Strategy at Moju Moju Caffee & Tea by Utilizing Instagram as a Promotional Media ]]>
<![CDATA[Candra Ananda Pratama]]>;
<![CDATA[Budi Santoso]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.965
<![CDATA[The development of coffee shops is trending and mushrooming, giving rise to tight business competition, therefore it is necessary to implement marketing communication strategies in developing and expanding market share. A marketing communication strategy is very necessary so that communication can be delivered accurately and effectively and can form awareness of customers or the general public in accordance with the goals to be achieved. The aim of this research is to find out how to implement marketing communication strategies on the Instagram account @mojumojuid in order to attract potential customers by utilizing the features available on the Instagram application to promote their products. This research uses descriptive qualitative methods through structured interview methods in collecting research data. There were eight respondents including one quality control, two baristas, and five customers around the Surakarta City area to obtain information and data in this research. The variable or theory used in the title of this research is an online marketing communication strategy with a communication mix approach based on advertising, sales promotion, events & experiences, public relations and publicity. ), direct marketing, interactive marketing, word of mouth promotion, personal selling and this theory can influence consumer decisions in using products]]>
<![CDATA[Analysis of Influencer Communication Strategies in Building Investment Awareness on Social Media Platforms ]]>
<![CDATA[Antania Hanjani Nugraheni]]>;
<![CDATA[Yanti Haryanti]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.966
<![CDATA[The phenomenon of digital asset investment emerged in the midst of the ongoing pandemic, one of which is investing in crypto coins. This research aims to identify and find out how effective influencer communication strategies on social media platforms are in building investment awareness. This research uses descriptive qualitative research methods. The results of this research are First, the communication strategy used by influencers with (1) influencers providing direction that investment is a good and beneficial thing. (2) the influencers who are followed have an educational background that is suitable as a financial planner who is an expert in their field (3) The number of influencers who contribute and persuade the general public from all economies and the messages conveyed are quite informative (4) starting to provide an understanding of investment through social media (5) ) Providing education regarding decisions to increase literacy regarding investment, especially trading. Second, the communication strategy used by influencers on social media platforms is effective because the influencer has the appropriate educational background as a financial planner who is an expert in their field]]>
<![CDATA[The Use of Audio Visual Learning Media for Trainees at the Balai Besar Pelatihan Kesehatan (BBPK) Makassar ]]>
<![CDATA[Maryam Maryam]]>;
<![CDATA[Tuti Bahfiarti]]>;
<![CDATA[Muliadi Mau]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.968
<![CDATA[Communication plays an important role in the world of education, this research will discuss the training aspect. Communication facilitates the exchange of information between educators and trainees to achieve learning goals. One of the factors that contributes to the effectiveness of communication in the teaching and learning process is the use of learning media. This media is used as a means to convey messages from educators (communicators) to training participants (audience). This research aims to evaluate the extent of use of audio-visual learning media by training participants at BBPK Makassar. The research method used is a quantitative approach with descriptive statistical analysis to describe and summarize statistical data. The research results show that the majority of participants predominantly use audio-visual learning media in the high category, namely 62.9% of the total number, while in the medium category with an assessment of 36.5% and the remaining 0.6% in the low category. This research also displays tabulated data on the use of audio-visual learning media by training participants based on various factors, such as gender, age, length of service, highest level of education, agency of origin, type of job/profession, learning style, and training methods.]]>
<![CDATA[Bajo Fishing Tradition: Implications and Conformity with UNCLOS in the Context of Protecting Traditional Fishermen's Rights ]]>
<![CDATA[Hengki Hengki]]>;
<![CDATA[Agrifin Bernadeth Criemen Lokovettor]]>;
<![CDATA[Rian Nugraha Anwar]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.969
<![CDATA[This research explores the dynamics of interaction between the traditional fishing practices of the Bajo tribe in Indonesia and international regulations covered by the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The Bajo tribe, known for their maritime life and sustainable approach to fishing, facing new challenges in the era of globalization and environmental change. Although UNCLOS aims to regulate the use of the sea and its natural resources globally, the absence of a clear definition of traditional fishing rights causes uncertainty in Bajo practices. This research uses normative juridical methods to examine how the Bajo tribe adapts to UNCLOS provisions while maintaining their fishing traditions. The research results show that the Bajo tribe has attempted to adopt new practices such as mariculture to overcome restrictions posed by modern regulations. However, the shift away from traditional methods sometimes leads to environmentally damaging practices. This study suggests the need for a more inclusive legal framework that integrates local wisdom in international regulations, to recognize and protect the traditional rights of the Bajo tribe, thereby enabling them to maintain their way of life without threatening the marine ecosystem. This research provides insight for policy makers and stakeholders in navigating between cultural preservation and environmental sustainability in a global context]]>
<![CDATA[Legal Protection for Auction Buyers Who Are Disadvantaged Regarding the Validity of the Auction Deed Attended by Online Auction Officials (E-Auction) ]]>
<![CDATA[Safa Luthfia Gumilang]]>;
<![CDATA[Not. Ranti Fauza Mayana]]>;
<![CDATA[Amelia Cahyadini]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i2.970
<![CDATA[This research aims to investigate legal protection for auction buyers who experience losses related to the validity of the relaas deed attended by online auction officials (e-auction). This research uses a normative legal approach Legislative Approach (Statute Approach) and Conceptual Approach (Conceptual Approach). This legislative approach is carried out by reviewing the laws and regulations that regulate the Auction implementation regulations. The research results show that legal certainty regarding the validity of the auction deed attended by online auction officials (e-auction) is very important to ensure that the auction meets the established principles, such as openness, competition, fairness, legal certainty and accountability. This is in line with the mandate of PMK 213/2020. The auction minutes prepared by the auction official are authentic deeds that reflect the implementation of the auction. Legal protection for auction buyers who suffer losses related to the validity of the relaas deed attended by online auction officials includes provisions in the Civil Code, PMK 213/2020, as well as other related regulations. Auction officials, both in Class I and Class II, have the authority stipulated by law to carry out auctions and prepare Auction Minutes as proof of the validity of the auction.]]>
