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Contact Name
HENGKI TAMANDO
Contact Email
hengki_tamando@yahoo.com
Phone
+6281260574554
Journal Mail Official
legalbrief@isha.or.id
Editorial Address
Romeby Lestari Housing Complex Block C Number C14, North Sumatra, Indonesia
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INDONESIA
LEGAL BRIEF
Published by Ihsa Institute
ISSN : 1979522X     EISSN : 27224643     DOI : -
Core Subject : Social,
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 56 Documents
Search results for , issue "Vol. 13 No. 2 (2024): June: Law Science and Field" : 56 Documents clear
Arrangement of Blockchain Technology as an Effort to Prevent Payment Fraud via the Indonesian Standard Quick Response Code (Qris) Performed by Consumers in Electronic Transactions Abel Yehud Silalahi; Adlia Nur Zhafarina
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.972

Abstract

This research discusses the use of blockchain technology as a solution to reduce the risk of fraud in electronic transactions using QRIS in Indonesia. With the development of information technology, cybercrime such as online fraud is increasing. However, existing regulations have not fully addressed this problem. The research method used is normative-empirical legal research, which combines literature study and interviews with QRIS users. The results show the need for better legal protection to protect consumers from fake QRIS and system vulnerabilities. The findings highlight that blockchain technology provides advantages in creating unparalleled transparency and security in electronic transactions, thus providing an effective solution in reducing the risk of fraud. Interviews with QRIS users also revealed their challenges and expectations regarding the use of QRIS, emphasizing the importance of public education on the correct use of QRIS as well as proactive law enforcement. This shows the importance of further exploration to create a fair digital transaction environment for consumers and businesses, as well as emphasizing cooperation between the government, regulatory agencies, and industry players in improving legal protection and public education regarding QRIS
Juridical Analysis of the 2024 Simultaneous Regional Elections in Realizing Regional Autonomy in Indonesia M. Nassir Agustiawa; Dian Samudra; Mohammad Hifni
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.975

Abstract

The 2024 simultaneous regional elections are an important moment in the consolidation of democracy and regional autonomy in Indonesia. The election of regional heads and deputy regional heads directly, generally, freely, secretly, and honestly (Luberjurdil) is expected to be able to produce qualified leaders and be able to realize effective and efficient regional autonomy.The purpose of the research is to juridically analyze the implementation of the 2024 simultaneous regional elections in the context of realizing regional autonomy in Indonesia. This research method uses normative legal research methods with doctrinal and conceptual approaches. Primary data is obtained from legislation, secondary legal materials, and the results of previous research. Secondary data is processed and analyzed by means of interpretation and comparison. The results showed that the organization of the 2024 simultaneous regional elections has a strong legal basis, namely Law Number 23 of 2014 concerning Regional Government. The implementation of the 2024 simultaneous regional elections is an important step in realizing regional autonomy in Indonesia
The Urgency of the Indonesian Doctors Association in Providing Recommendations for Doctors' Practice Licenses (Law No. 29 of 2004 and Law No. 17 of 2023 Galang Liwandika; Rizka Rizka; Siti Soekiswati
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.976

Abstract

Medical practice is a series of activities carried out by doctors and dentists on patients as part of their medical practice. When practicing medicine, a doctor who practices medicine or provides medical services must meet the requirements set by the government. All doctors and dentists who practice medicine must have a Practice License. New doctors can practice if they already have STR and SIP. This research aims to analyze the urgency of IDI's role in providing recommendations for registration of medical practice permits and its legal aspects. This research uses normative research. The results of this research explain that there are differences in SIP registration for doctors, namely: In Law no. 29 of 2004 IDI has a role and authority in providing recommendations. Meanwhile, Law No. 17 of 2023 states that registration of a doctor's SIP no longer requires a doctor's recommendation but only an STR and place of practice. The elimination of IDI's authority as a professional organization for doctors means that IDI loses its role in supervising the development and improvement of the quality of doctors to ensure that doctors who have SIP are doctors who are competent in their field
A Juridical Analysis of Intellectual Property Rights as Fiduciary Guarantees in Banking Institutions Asma Karim
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.977

Abstract

This study aims to find out and analyze the mechanism for assessing intellectual property rights as fiduciary guarantees in banking institutions and the mechanism for implementing the execution of intellectual property if the debtor defaults. The results showed that the mechanism for assessing intellectual property rights as fiduciary guarantees in banking institutions involves several requirements, namely: first, sub-mission of applications for intellectual trust-based financing to financial or banking in-stitutions by completing the following requirements: Financing proposals, having a creative economy business; Have an engagement related to creative economy IP; have a registration letter or IP certificate. Second: bank financial institutions or non-bank fi-nancial institutions in providing intellectual property-based financing carry out: verifi-cation of creative economy businesses; verification of registration letters or intellectual property certificates that are used as collateral that can be executed in the event of a dispute or non-dispute; valuation of intellectual property used as collateral; disburse-ment of funds to creative economy actors; and receipt of financing returns from Crea-tive Economy Actors in accordance with the agreement
Analysis of Indonesia's Constitutional System in Overcoming The Lame Duck Session Period After The General Election (Case Study: Legislation Productivity of Legislative Institution in Indonesia) Muhammad Ulil Absor; Muhammad Zaki Mubarrak
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.981

Abstract

This study discusses specifically about the Lame Duck Session period that occurred in Indonesia, Lame Duck can be said to be a situation where officials who are not re-elected but still sit in office until new officials are sworn in, the phenomenon arises because of a long time lag between polling day to inauguration day. this research aims to find out and analyze specific rules, as well as the political strategy of state law in overcoming and controlling the Lame Duck Session after the general election. The method used in this research is a type of normative legal research with a statutory approach and comparative legal sourced from secondary data, literature data by being analyzed qualitatively. The urgency of legal regulation regarding Lame Duck Session in Indonesia needs to be regulated, especially in the constitution of the 1945 Constitution, this is because there is no clear regulation compared to several other countries that have been contained in the highest constitution. However, in the constitutional system, not only law but politics or power is also an important instrument in the formation and exploration of law, especially in the constitutional law system to overcome a phenomenon such as the Lame Duck Session
Limiting the age for candidates of public officials viewed by human rights and moral perspective Lutfiadi Lutfiadi; Noer Dini Camelia; Win Yuli Wardani; Febrina Heryanti; Sapto Wahyono
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.982

Abstract

Elections are a key requirement of a democratic state. Democracies uphold human rights. There are human rights that can be restricted and Elections are a key requirement of a democratic state. Democracies uphold human rights. There are human rights that can be restricted and those that cannot. The right to be elected and to vote in public office is a human right that can be restricted by the state, but the restriction must be based on reasons that are in line with morality. This research aims to understand whether restrictions on the right to be elected and to vote based on age are in line with the law and morals or vice versa. This research is normative legal research that focuses on the problem of legal norms at the level of positive law, legal theories, and principles. The approaches used are legislation, literature review, conceptual approaches. The result is that all forms of restrictions on the community to participate in state life are restrictions on human rights. Restrictions on human rights are a violation of moral values. The conclusion is that a democratic state should not limit a person's right to vote and elect. The state should leave it entirely up to the people, whether they want to vote for that person or not. The Constitutional Court should not create new norms, the Constitutional Court should only have the authority to declare a certain legal norm contrary to the 1945 Constitution or not
Evaluation of Legal and Policy Issues in Consumer Protection in Indonesian Fintech Transactions Yuyut Prayuti
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.985

Abstract

Indonesia's fintech industry has grown rapidly, with transactions reaching more than IDR 15 trillion by 2023, but this growth has also brought significant challenges such as fraud and data leaks that highlight weaknesses in consumer protection. Regulations such as OJK Regulation No. 77/POJK.01/2016 and Government Regulation No. 71 of 2019 have been implemented to balance innovation and consumer protection, but still require further evaluation for their adequacy. The study aims to assess the effectiveness of these regulations in identifying, preventing, and addressing fraud and privacy violations, as well as supporting the continued growth of the fintech industry. Using juridical-normative methodology with statutory, comparative, and conceptual approaches, this study seeks to map weaknesses in the existing legal framework and propose possible improvements. The results of this study are expected to provide practical recommendations to strengthen fintech regulation in Indonesia, support the growth of the digital economy while protecting consumer rights
The existence of arbitration verdict cancellation efforts regarding final and binding characteristics Noer Dini Camelia; Lutfiadi Lutfiadi; Febrina Heryanti; Win Yuli Wardani; Agustri Purwandi
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The arbitration verdict must include a verdict implementation period. It is based on the arbitration verdict characteristics based on Article 60 AADR LAW (Law on Arbitration and Alternative Dispute Resolution), namely that an arbitration verdict is final, has permanent legal force, and is binding on both parties; therefore, the legal consequences do not only apply to the parties who are arbiter but also arbitration verdicts cannot be further tested for legal consequences by other institutions. However, the provisions of Article 60 AADR LAW are followed by the provisions of Article 70 AADR LAW, which allows for arbitration verdict cancellation by the District Court as in Article 71 AADR LAW. Hence, this research aims to determine the binding power of an arbitration verdict and the District Court’s authority in canceling an arbitration verdict. The research methodology was normative research with statutory and conceptual approaches. The research results stated that efforts to cancel the arbitration verdict by the District Court had implications for the loss of the final and binding characteristics of the arbitration verdict. Efforts to cancel the arbitration verdict required to reconsider its existence
Questioning the Protection of President’s Dignity in the New Criminal Code Adi Gunawan; Suhaimi Suhaimi; Adriana Pakendek; Gatot Subroto
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.987

Abstract

Protecting the president’s dignity in law is not a new thing that has received much controversy from the public, even in the realm of the international state. Even in Indonesia, this article was annulled by the Constitutional Court. Nevertheless, the new Criminal Code has been reinforced, resulting in many pros and cons from the public. Therefore, this research discussed why the article on protecting the president’s dignity was reinserted in the New Criminal Code. This research was normative legal research, while the data source consisted of secondary data, with primary and secondary legal materials such as books, scientific journals, papers, and scientific articles. The data collection process was done through library research using qualitative data analysis. This research used a conceptual approach and studies related to statutory regulations. The research found that protecting the president’s dignity is essential for ordinary people in general. However, in the constitutional realm, a president is an interpretation of the State representing all citizens. Therefore, it is highly justified if this article is reactivated. Apart from that, if this article is not included in the new Criminal Code, it can potentially cause subsociality in public
Analysis of the Effectiveness of Interpersonal Communication Strategies of Shield Agents at BPJS Ketenagakerjaan Makassar Branch Office Yuyun Syafranti
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.997

Abstract

The aim of this research is to analyze the effectiveness of interpersonal strategies of shield agents, as well as to analyze whether or not the implementation of interpersonal strategies is effective using the AIDDA method, namely Attention (attention), Interest (interest), Desire (Desire), Decision (Decision) and Action (action or activity). ) in increasing the number of participants at BPJS Employment Makassar Branch office. Data were collected through observation and conducting interviews with informants, namely leaders, staff and participants of BPJS Employment Makassar Branch office. The data analysis technique uses descriptive analysis and uses data reduction, data display, and data description. The results of the research show that the interpersonal strategy carried out by agents using the AIDDA strategy has been effective, where the shield agent is able to attract attention and arouse participants' interest through an emotional approach and intensive socialization. Apart from that, it is also effective in arousing the desires of potential participants so that it influences decisions by taking action for participants according to the shield agent's expectations by becoming a participant in one of the programs offered by BPJS Employment Makassar Branch office

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