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[Duties Of The Village Head In Implementing Village Development (Case Study in Paku Alam Village, Banjar Regency) ]]>
<![CDATA[Finka Shofia]]>;
<![CDATA[Nikmah Fitriah]]>;
<![CDATA[Deni Nofrizal]]>;
<![CDATA[Muhammad Mahendra Abdi]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1004
<![CDATA[Law Number 6 of 2014 Concerning Villages explicitly assigns tasks to the village government, namely administering government, implementing development, community development, and community empowerment based on Pancasila, the 1945 Constitution of the Republic of Indonesia, and Unity in Diversity. To find out the implementation of the village head's duties in carrying out village development in the village of Paku Alam and to know the arrangements regarding sanctions against village heads who are not optimal in carrying out village development tasks. In research this writer uses empirical research. The Head of Paku Alam Village has carried out his duties and functions as the most important element for the community in carrying out village infrastructure development based on the APBDes. Based on the results of observations it was found that there is still uneven infrastructure development. Meanwhile, legal sanctions if the village head does not carry out his duties in village development are administrative sanctions ranging from reprimand to dismissal as village head. Meanwhile, criminal sanctions are applied if there are criminal acts such as corruption, abuse of authority and other criminal acts. The Village Head has carried out his duties and functions in carrying out village development, but there is still uneven infrastructure development. There are two sanctions for village heads who do not carry out their duties, namely administrative sanctions and criminal sanctions]]>
<![CDATA[The Film Dirty Vote from Roland Barthes' Perspective ]]>
<![CDATA[Hermawan Yulianto]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1010
<![CDATA[Dirty Vote is a documentary film that will appear ahead of the 2024 General Election. The aim of this study is to understand the descriptive nature of the documentary film Dirty Vote in depth using the concept of Roland Barthes' Semiotics with three aspects, namely denotation, connotation and myth. The data source for this study is watching the documentary film Dirty Vote which was uploaded directly from the YouTube Center for Indonesian Law and Policy Studies. The method used is a qualitative content analysis study which emphasizes discourse analysis. The results of this study found that the documentary film Dirty Vote has relevance to Roland Barthes' concept of semiotics, where in the documentary film Dirty Vote there are explicit words, words, signs or symbols, and implied images and hopes for something that has not happened from several words, signs or symbols and images]]>
<![CDATA[Notary legal protection against violations of the code of ethics in carrying out the professione ]]>
<![CDATA[Bilmar Ndaru Quthney]]>;
<![CDATA[Gatut Hendro Tri Widodo]]>;
<![CDATA[Dhody Ananta Rivandi Widjajaatmadja]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1011
<![CDATA[The existence of an act, agreement, stipulation from a Notarial Deed which has full evidentiary force aims to avoid disputes but actually causes the Notary to receive a written warning sanction by the Notary Regional Supervisory Council of the Special Capital Region of Jakarta Province which arises due to disputes between the parties facing it. Qualitative normative juridical research methods Constitution of 1945, Law Number 5 of 1986 concerning State Administrative Courts, Law Number 13 of 1999 concerning Human Rights (HAM), Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions, Civil Code and decision Number 190/G/2020/PTUN.JKT, decision Number 99/B/2021/PT.TUN.JKT, and decision Number 13K/TUN/2022. Notaries implement a code of ethics and legal protection for alleged violations of the Notary's code of ethics Drs. Gunawan Tedjo, S.H., M.H. because he did not provide a copy of Deed Number 50 Sale and Purchase of Receivables and Notarial Deed Number Cessie by not disseminating the contents of the Deed to the parties who had no interest in the Deed. In order to obtain legal protection for not being able to freely carry out the Notary profession and the decline in public trust in Drs. Gunawan Tedjo, S.H., M.H. as a person whose interests are harmed by filing a lawsuit with the competent court, the State Administrative Decree Number: 05/PTS/Mj.PWN.Prov.DKIJakarta /IX/2020 becomes null and void.]]>
<![CDATA[Analysis of Barriers to Village Consultation Boards in Following up Village Community Aspirations for Democracy ]]>
<![CDATA[Mukhammad Soleh]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1013
<![CDATA[Law Number 6 of 2014 concerning Villages states that the Village Consultative Body has the following functions: "a. discussing and agreeing on the Draft Village Regulation with the Village Head; b. accommodating and channeling the aspirations of the village community, and c. supervising the performance of the Village Head". Examine and evaluate the barriers that prevent the Village Consultative Body from carrying out its duties in a way that accommodates and directs the aspirations of the village community. Asrikaton Village, District, Malang Regency, was the research site for the empirical legal research method. The Village Head, Village Secretary, Chairman and Secretary of the Village Consultative Body, and Hamlet's Head are the sources of information. The results of the study found that the factors inhibiting the implementation of the functions of the Village Consultative Body in following up on the aspirations of the village community. a). Lack of intellectual qualities of personnel members of the Village Consultative Body. b). Members of the Village Consultative Council, busy with their lives in other jobs, work occupied before becoming a member of the Village Consultative Body. c). Operational budget support and infrastructure facilities from the Asrikaton Village Government are inadequate and minimal]]>
<![CDATA[Analysis of the Regent's Leadership Style in Improving the Performance of Civil Servants in Tana Toraja District ]]>
<![CDATA[Rudy Irwan Suhad]]>;
<![CDATA[Muhammad Akmal Ibrahim]]>;
<![CDATA[Muhammad Tang Abdullah]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1014
<![CDATA[ As a Motivator within each Local Government organisation, the Regent has a reliable ability to carry out management functions. The Regent as a coach, activator, director of potentials as well as a booster of ASN work enthusiasm in local government organisations in order to achieve organisational goals. The Regent's Leadership Style will always affect ASN Performance where ASN is an important element in the success dimension of participatory, responsive and accountable regional autonomy, more independent in accordance with the principles of good governance. Each Tana Toraja Regent's style has a dominant role in each period. The research themed Analysis of the Regent's Leadership Style in Improving ASN Performance in Tana Toraja Regency, was designed with a Qualitative method to describe the phenomenon of the Regent's distinctive leadership style and how it impacts ASN performance. The locus of this research, carried out at the Regional Government of Tana Toraja Regency where the researcher is the key instrument, making actual and purposive observations and conducting interviews with informants who are considered objective and relevant. The results of this research show that in each leadership period led by 2 different Regents, there are types of situational leadership styles where there are 3 different styles, namely Bureaucratic Participatory Style, Patrenealistic Leadership Style and Decmocratic Participatory Style]]>
<![CDATA[PTSL Policy Analysis from the Perspective of Legal Certainty, Justice and Benefits: Challenges and Opportunities ]]>
<![CDATA[Ni Gusti Ayu Made Srinadi]]>;
<![CDATA[I Ketut Kasta Arya Wijaya]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1015
<![CDATA[Legal certainty, fairness, and community benefits are the goals of Indonesia's Complete Systematic Land Registration Program (PTSL), which seeks to streamline and simplify the land registration process. The purpose of this study is to examine the PTSL policy and its execution in order to draw conclusions about the program's strengths and weaknesses in terms of its ability to provide legal certainty, fairness, and advantages. This study delves into the effects of PTSL on several parts of Indonesian agricultural legislation using a qualitative method with normative analysis. Although PTSL has improved access to land rights and legal clarity, the study found that indigenous peoples' rights, conflict resolution, and equitable benefit sharing remain major obstacles. In order to maximize the effectiveness of PTSL implementation, this study suggests three main strategies: enhancing regulatory frameworks, empowering communities, and strengthening the ability to implement]]>
<![CDATA[The Geoeconomics Analysis of the Digital Currency Law in El Salvador ]]>
<![CDATA[Lidia Eka Yuliana]]>;
<![CDATA[Muhammad Ridha Iswardhana]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1019
<![CDATA[ The exclusive reliance of El Salvador is on the utilization of US Dollars for its day-to-day financial transactions. The review conducted in this research adopts geoeconomics of analysis to delve into the policy implications of integrating digital currency in El Salvador. This nation being the pioneer in embracing digital-based currency as an official medium of exchange, operates as local currency at present. The methodology employed in this research involves a qualitative-descriptive approach coupled with the collection of secondary data. The findings of this study indicate that the utilization of digital currency presents a dual nature due to its volatile characteristics, encompassing numerous advantages as well as disadvantages. Owing to the resolute implementation right from the beginning, the initiative undertaken by El Salvador poses both advantages and risks with regard to the legalization policy concerning digital currency]]>
<![CDATA[DPMD Communication Strategy to Improve the Performance of Village Of-ficials in Enrekang Regency ]]>
<![CDATA[Sukmawati Zain]]>;
<![CDATA[Andi Alimuddin Unde]]>;
<![CDATA[Muhammad Akbar]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1024
<![CDATA[The limited quality and performance of village officials is one of the sources of problems that arise in the Village Government in managing village funds. The research was conducted with the aim of exploring and describing the communication strategy applied by DPMD as a village monitor and coach in an effort to improve the performance of village officials in Enrekang Regency, especially in the management of village funds. Researchers used a qualitative approach with a case study method. The informants taken were four people who had information and experience related to improving the performance of village officials, namely the head of DPMD, the Head of the Division that handled the performance improvement of village officials and 2 (two) Village Heads. In this study, it is known that the communication strategy applied by DPMD in an effort to improve the performance of village officials, especially in the management of village funds, is through several steps, namely by conducting research, planning, implementing and evaluating communication. The communication strategy implemented is quite good, but not optimal because in determining communicants in the implementation of training and socialization, DPMD has not been able to present or invite all village officials who should participate in the process of managing village funds. This is also due to the limited budget of the Enrekang Regency PMD Office]]>
<![CDATA[Analysis of Factors Affecting the Effectiveness of Public Services in the Digital Era ]]>
<![CDATA[Muhammad Fadillah Velayati]]>;
<![CDATA[Badu Ahmad]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1025
<![CDATA[The digital era has changed the way public services are delivered, but its effectiveness depends on a variety of factors. This study uses a qualitative approach to analyze these factors, combining literature review with interviews with public service stakeholders. The study identifies three main factors influencing the effectiveness of digital public services: infrastructure and technological readiness, human resources and organizational culture, and regulations and policies. Adequate technology and digital readiness are critical, as are skilled government employees and a culture that supports innovation. Flexible regulations and supportive policies are also necessary for the success of digital public services. Research shows that increasing the effectiveness of public services in the digital era requires a holistic approach that focuses on infrastructure, human resources, and regulations. This has important implications for policymakers in developing sustainable digital transformation strategies for public services]]>
<![CDATA[Responsibility of Transport Entrepreneurs for the Risk of Damaged Shipped Goods (Study at CV. Maharani Travel) ]]>
<![CDATA[Syarifah Hannum]]>;
<![CDATA[Ramadani Ramadani]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v13i3.1027
<![CDATA[This research aims to investigate the responsibility of transport entrepreneurs for damaged goods based on Law no. 22 of 2009 concerning Road Traffic and Transportation, with a focus on the CV case study. Maharani Travel. The method used is empirical juridical research by collecting primary data through observation and interviews, as well as secondary data from legal materials and related literature. Based on this research, it can be concluded that transportatiXCZon entrepreneurs, such as CV. Maharani Travel, has clear and firm responsibilities regarding damage to shipped goods as regulated in Article 191 of Law no. 22 of 2009 concerning Road Traffic and Transportation. Transport operators are required to provide compensation for damage to goods that occurs during transportation, unless it can be proven that the damage was not due to their fault or negligence. This research shows that CV. Maharani Travel has implemented quite good claims handling procedures, although there are still several obstacles in the verification and compensation payment process. Therefore, improving administrative efficiency and staff training are essential to ensure consumer satisfaction and compliance with legal requirements.]]>
