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[A Juridical Analysis of Intellectual Property Rights as Fiduciary Guarantees in Banking Institutions ]]>
<![CDATA[Asma Karim]]>
<![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.v13i2.977
<![CDATA[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]]>
<![CDATA[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) ]]>
<![CDATA[Muhammad Ulil Absor]]>;
<![CDATA[Muhammad Zaki Mubarrak]]>
<![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.v13i2.981
<![CDATA[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]]>
<![CDATA[Limiting the age for candidates of public officials viewed by human rights and moral perspective ]]>
<![CDATA[Lutfiadi Lutfiadi]]>;
<![CDATA[Noer Dini Camelia]]>;
<![CDATA[Win Yuli Wardani]]>;
<![CDATA[Febrina Heryanti]]>;
<![CDATA[Sapto Wahyono]]>
<![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.v13i2.982
<![CDATA[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]]>
<![CDATA[Evaluation of Legal and Policy Issues in Consumer Protection in Indonesian Fintech Transactions ]]>
<![CDATA[Yuyut Prayuti]]>
<![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.v13i2.985
<![CDATA[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]]>
<![CDATA[The existence of arbitration verdict cancellation efforts regarding final and binding characteristics ]]>
<![CDATA[Noer Dini Camelia]]>;
<![CDATA[Lutfiadi Lutfiadi]]>;
<![CDATA[Febrina Heryanti]]>;
<![CDATA[Win Yuli Wardani]]>;
<![CDATA[Agustri Purwandi]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[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]]>
<![CDATA[Questioning the Protection of President’s Dignity in the New Criminal Code ]]>
<![CDATA[Adi Gunawan]]>;
<![CDATA[Suhaimi Suhaimi]]>;
<![CDATA[Adriana Pakendek]]>;
<![CDATA[Gatot Subroto]]>
<![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.v13i2.987
<![CDATA[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]]>
<![CDATA[The Role of Specialized Judicial Bodies for Regional Head Elections in Election Law Enforcement ]]>
<![CDATA[Wahyu Hindiawati]]>
<![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.v13i2.988
<![CDATA[The complex problems of electoral justice require the need for comprehensive reconstruction of the justice system. The large number of institutions involved in the process of resolving election cases makes the integration of the electoral justice system very urgent. Moreover, Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Determination of Government Regulations in Lieu of Law Number 2014 concerning the Election of Governors, Regents and Mayors into Law has mandated the formation of a special judicial body. From the description of the problem, the problem is formulated as follows: How will the Special Regional Election Judicial Body be designed in Indonesia in the future? Meanwhile, the method used in this research is a normative legal research method, by examining Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Determination of Government Regulations in Lieu of Law Number 2014 concerning the Election of Governors, Regents and Mayor Becomes Law. The conclusion of this research is as follows: The future design of the Special Judicial Body for Regional Elections in Indonesia refers to the special judicial body specified in Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning Determination of Government Regulations in Lieu of Laws -Law Number 2014 concerning the Election of Governors, Regents and Mayors into Law Article 157 paragraph 1, as well as Article 157 paragraph (1) Law Number 8 of 2015 should be formed and remain under the auspices of the Constitutional Court on a par with other courts. both at the district or city and provincial levels. Apart from that, all regional election disputes, both process disputes and result disputes, are decided by the special Regional Election Judicial Body]]>
<![CDATA[Analysis of the Effectiveness of Interpersonal Communication Strategies of Shield Agents at BPJS Ketenagakerjaan Makassar Branch Office ]]>
<![CDATA[Yuyun Syafranti]]>
<![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.v13i2.997
<![CDATA[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]]>
<![CDATA[Implementation of the Use of Co-Branding of Yogyakarta Specialty Products and Dispute Resolution of Trademark Infringement Rights ]]>
<![CDATA[Rellyta Dea Ekasari]]>;
<![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.v13i2.998
<![CDATA[Micro, small, and medium enterprises (MSMEs) are one way the government can achieve maximum economic growth. The number of established MSMEs has resulted in the emergence of many new brands, increasing the opportunity for violations. Therefore, public awareness and the role of local government in protecting MSMEs in the region are needed . In addition to adhering to the Trademark Law, the Special Region of Yogyakarta initiated an innovative regulation governing Co-Branding Jogja to protect the essence of intellectual property rights owned by MSMEs, especially trademark rights. This research uses a normative-empirical type of legal research with qualitative data analysis. The results of this study show that there are still obstacles to implementing the use of the Jogja co-branding brand. However, the government seeks to continue evaluating regulations to solve these problems. Regarding alternative dispute resolution, the government cooperates with the Regional Office of the Ministry of Law and Human Rights of Yogyakarta by facilitating complaints if the Trademark Rights holders find their trademarks used by others without permission]]>
<![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]]>
