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[Unraveling the Implications of Globalization and Technology on the Political System in Global Challenges to Constitutional Law ]]>
<![CDATA[Heru Riyadi]]>
<![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.v13i2.999
<![CDATA[Globalization and technology have become two dominant forces that have significantly changed the political and constitutional legal landscape throughout the world. This research uses a qualitative approach and descriptive analysis to discuss the impact of globalization and technology on the political system in global challenges to constitutional law. This approach allows researchers to gain a deep understanding of the complexity of the interactions between the two phenomena, while descriptive analysis is used to describe the research findings in detail. Data was collected through literature studies and direct observation of political phenomena and constitutional law that occurred in various countries. The research results found that globalization and technology have significantly changed the political and constitutional legal landscape throughout the world. Globalization not only has an impact on economic aspects, but also includes interrelated political and cultural aspects. Advances in information and communications technology, such as the internet and social media, have accelerated political participation, increased government transparency, and influenced the function of constitutional law. To overcome these challenges, a deep understanding of constitutional principles, the rule of law, and public participation is essential. By understanding the implications of globalization and technology on the political system, it is hoped that effective strategies can be developed to maintain the integrity of constitutional law in facing the ever-growing dynamics of global change]]>
<![CDATA[Implementation of Agricultural Land Protection Policy on The Transfer of Functions And Food Security Efforts in The Special Region of Yogyakarta ]]>
<![CDATA[Silvia Diah Puspitaningrum]]>;
<![CDATA[Wahyu adi Mudiparwanto]]>
<![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.v13i2.1000
<![CDATA[The shrinking of agricultural land is felt in the Special Region of Yogyakarta, where agricultural land is shrinking, and causing food security in Yogyakarta to be threatened. The efforts made by the government by issuing several policies are felt to have not provided a way. This study aims to provide an overview of the implementation of ineffective regional policies, and food security efforts for Yogyakarta. The data obtained in this study came from news sources, journals, and interviews. The data obtained is classified according to the formulation of the problem, then processed with qualitative descriptive analysis, so that the results are obtained in the form of a systematic review until the final results are obtained in the form of conclusions and suggestions. The approach in this study uses a legislative approach, which is in accordance with the regulations regarding the Agricultural Land Protection Policy. Then the Conceptual approach which refers to the application of legal concepts and law enforcement principles regarding the implementation of agricultural land protection policies. The results of this study show that the implementation of the policy is still ineffective, and other efforts are needed to maintain pagan resilience in Yogyakarta]]>
<![CDATA[Children's Legal Protection from Violence (Bullying) In the Education System ]]>
<![CDATA[Made Sinthia Sukmayanti]]>
<![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.v13i2.1002
<![CDATA[Currently, there is a lot of aggressive and pressing behavior, either in the form of direct physical action and/or verbal attacks or so-called bullying, occurring in the educational environment from the most basic to the tertiary level, necessitating legal protection efforts for children who are victims of bullying. This study was conducted to determine and assess how legal protection children as victims are bullied under the Child Protection Law. This study employs normative research approaches, using both a statutory and conceptual approach. The results of this study indicate that children have a right to protection from bullying. Article 80 and Article 76C of the Child Protection Law stipulate that sexual offenses and iolence committed by educators, education professionals, fellow students, and/or other parties are prohibited in educational units and will result in punishments]]>
<![CDATA[Some legal issues about bank guarantee to protect buyer's rights in buying and selling transactions of future conforming houses ]]>
<![CDATA[Thanh , Le Minh]]>
<![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.v13i2.938
<![CDATA[In the context of strong development of the real estate market and technology, the application of guarantees in future housing transactions is becoming an important trend. Guarantees not only help increase transparency and safety for participating parties but also ensure fairness and protect the interests of buyers and sellers. With guarantee relationships in future housing sales transactions as a form of title insurance to protect property owners and home buyers from financial losses due to defects or issues related to property ownership. The article uses the method of analyzing written law, accessing secondary documents through Vietnamese practice on guarantees in future housing sales transactions and warning about some risks to protect rights. The buyer's benefits in the transaction of buying and selling houses to be formed in the future.]]>
<![CDATA[Legal Aspects of Copyright on Book Photocopying Business Activities ]]>
<![CDATA[Debora, Debora]]>;
<![CDATA[Siallagan, Haposan]]>;
<![CDATA[Nainggolan, Jesella Ramayanti]]>
<![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[Azzahra, Destia]]>;
<![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[Negoro, Della Gatiko]]>;
<![CDATA[Purwanto, Gunawan Hadi]]>
<![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[Asiyah, Siti Ayu]]>;
<![CDATA[Alya'Labibah, Hanin]]>
<![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[Imran, Abdul Muammar]]>;
<![CDATA[Hayat, Hayat]]>;
<![CDATA[Andza, Hirzhi]]>
<![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[Cybertroops: Contestation and Polarization in The Perspective of Critical Discourse Analysis ]]>
<![CDATA[Aulia Sukmani, Khoirun Nisa]]>;
<![CDATA[Setyadi Aras, Taufik]]>
<![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.v13i2.964
<![CDATA[The political year is approaching; every five years, Indonesia faces a contestation of democracy and political games. Cybertroops act as a volunteer force in influencing public opinion on certain topics, creating polarization that attracts the attention of the government in defending against opinions that damage and endanger Indonesia’s integration. How is it viewed? This research uses social media ethnography to observe the landscape of cybertroops and virtual police in their respective domains. Critical Discourse Analysis is used to see how cybertroops to work in cultivating public opinion, while virtual police monitor and minimize the growth of public opinion polarization.]]>
