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 Analysis of the Increasing Number of Marriage Dispensations in 2020-2022 at the Rantau Prapat Religious Court ]]>
<![CDATA[Fikri Fadhilah Fahmi]]>;
<![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.v13i3.1028
<![CDATA[This research aims to identify the primary factors driving the increase in marriage dispensation requests at the Rantau Prapat Religious Court from 2020 to 2022 and analyze legal opinions on this phenomenon. The study employs qualitative descriptive analysis, gathering data through in-depth interviews, document analysis, and participant observation. Findings indicate that social and economic changes, the impact of the COVID-19 pandemic, low education levels, and local cultural and traditional influences are significant factors contributing to the rise in marriage dispensation requests. Additionally, the legal analysis reveals that judges exhibit flexibility in applying the law by considering the specific circumstances of each case, ensuring decisions are made in the best interests of the children and families involved.]]>
<![CDATA[Representation of Women in Making Decisions in Batak Families, Pasaman Regency (Gender Case Study in Binubu Baru Village) ]]>
<![CDATA[Rosmalina Rosmalina]]>;
<![CDATA[Muhammad Jailani]]>
<![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.v13i3.1029
<![CDATA[ In Pasaman Regency, West Sumatra, gender equality remains a significant challenge, particularly in family decision-making processes. This research focuses on understanding women's roles and their representation in decision making within Binubu Baru Village. Despite prevalent patriarchal norms that often marginalize women, this study explores how women engage in decision-making, the factors influencing their choices, and their overall involvement in family decisions. Emphasizing the ideal of horizontal relationships between married couples where no partner is considered superior—the research aims to highlight the importance of equality and mutual support within family units. By examining these dynamics, the study seeks to identify key elements affecting women's participation and contribute to strategies for enhancing gender equality and family well-being]]>
<![CDATA[The Role of the Serdang Bedagai Government's Communication and Information Service (Diskominfo) in the Development of the Bah Bolon White Water Rafting Tourist Attraction ]]>
<![CDATA[Alvi Zakiyah Putri]]>;
<![CDATA[Zuhriah Zuhriah]]>
<![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.v13i3.1030
<![CDATA[The concept of role refers to what individuals do within society as part of an organization. Information dissemination is a key aspect of the Communications and Informatics Service's role in fulfilling its duties. This research aims to examine the role of the Serdang Bedagai Government Communications and Informatics Service in developing the Bah Bolon White Water Rafting tourist attraction. Using a qualitative descriptive method with in-depth interviews and observations, the study explores how regional governments act as motivators, facilitators, and dynamists in tourism development. The Serdang Bedagai Communications and Informatics Service has made efforts to enhance its function in promoting and advancing the Bah Bolon White Water Rafting attraction]]>
<![CDATA[Development of Criminal Evidence Law in Indonesia ]]>
<![CDATA[Ali Yusran Gea]]>
<![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.v13i3.1031
<![CDATA[Proof is a form of description relating to the truth of an event so that an acceptable truth status is obtained, apart from that, proof is also the act of proving. The evidentiary system is a regulation of the types of evidence that may be used. Proving whether the defendant actually committed the act charged is the most important part of the criminal procedure. There are 4 (four) theories of evidence known in the history of evidentiary law, namely Positive Wettelijk Bewijstheorie, Conviction In Time, Conviction Raisonne and Negative Wettelijk Bewijstheorie. The evidence system in Indonesia adheres to a negative system of evidence according to law (negatief wettelijk bewijstheorie) where evidence must be based on law, namely with at least two valid pieces of evidence. The judge obtains confidence that a criminal act actually occurred and that the defendant was guilty of doing it. The development of evidence in proving criminal acts in Indonesia, both those that have been regulated in special legislation and those that are purely based on the Criminal Procedure Code, has certainly had an impact on progress for law enforcement in Indonesia]]>
<![CDATA[Reconstruction of the Legislative Authority of the Regional Representative Council in the Context of Optimizing the Position of the Regional Repre-sentative Council as a Representative Institution ]]>
<![CDATA[Firdaus Arifin]]>
<![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.v13i3.1033
<![CDATA[Indonesia as a democracy so that the government is carried out from the people to the people through elected representatives, the influence of the concept of democracy and the sovereignty of the people forms a government based on the will of the majority to carry out the interests of everyone. There is a state institution called the Regional Representative Council as one of the legislative institutions, but the legislative authority owned by the Regional Representative Council tends to be weak compared to the House of Representatives. This research is a normative juridical research, with statute approach and conceptual approach, secondary data is obtained through literature review and then analyzed qualitatively juridically. The results of the study state that juridically the Regional Representative Council has a position as a high state institution that is mandated directly in the constitution, so that the Regional Representative Council is included in the costitutional state organ, but the legislative authority possessed by the Regional Representative Council according to the constitution is quite weak and tends to be a complement to the House of People's Representatives. Thus, it is necessary to strengthen the limited legislative function of the Regional Representative Council, this is in line with the fourth precept of Pancasila. It is also worth considering the use of a strong bicameral system]]>
<![CDATA[Analysis of the Judge's Considerations Regarding the Rejection of the Wonosari Religious Court's Marriage Dispensation Application ]]>
<![CDATA[Nufrinda Shita Yusnia]]>;
<![CDATA[Wahyu Adi Mudiparwanto]]>
<![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.v13i3.1036
<![CDATA[This article examines the problem, firstly how the judge considers the rejection of the marriage dispensation application. Second, what is the judge's interpretation regarding the urgent reasons for rejecting the application for marriage dispensation. This research is normative-empirical research with qualitative methods. The types of primary and secondary data are direct field data and literature studies. The research results show that the judge decides whether to reject or grant a request for marriage dispensation based on whether or not the reasons are urgent. Currently there is no concrete explanation regarding the urgent reasons, causing legal uncertainty and disparities in judges' decisions. Hopefully there is certainty regarding the urgent reasons in marriage dispensation cases so that judges in examining, adjudicating and deciding on marriage dispensation cases do not experience disparity in judges' decisions.]]>
<![CDATA[Juridical Review of Sundanese Traditional Marriage and Its Recognition in National Law ]]>
<![CDATA[Afnaini Afnaini]]>;
<![CDATA[Hamdan Hamdan]]>
<![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.v13i3.1037
<![CDATA[Sundanese traditional marriage is a tradition rich with cultural values and local wisdom that has been carried out for generations by the Sundanese people. This research aims to review juridically the implementation of Sundanese traditional marriages and their recognition in the Indonesian national legal system. The research method used is a normative juridical method with a statutory approach and a case approach. Data was obtained through literature study and analysis of relevant legal documents. The research results show that although traditional Sundanese marriages are carried out in accordance with local traditions and cultural norms, there is an urgent need to ensure official registration of marriages at the Civil Registry Office. This registration is important to legally recognize marriage and protect children's rights, especially in terms of birth certificates and division of inheritance. Without official registration, children born from traditional Sundanese marriages can face challenges in claiming their legal rights, including inheritance rights and administrative protection. Integration between customary law and national law is necessary to ensure that all aspects of marriage are legally recognized and protected, avoiding potential discrimination and conflict in the future]]>
<![CDATA[Implementation of the Community Policing Program in (Problem Solving) Minor Crimes (Case Study of Lubuk Pakam Police) ]]>
<![CDATA[Vita Aliyana Wardhani Syahputri]]>;
<![CDATA[Mar'ie Mahfudz Harahap]]>
<![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.v13i3.1038
<![CDATA[This research aims to determine the legal regulation of the community policing program in (problem solving) minor crimes, the implementation of the community policing program in realizing restorative justice in minor crimes at the Lubuk Pakam police station, and to find out what the challenges and obstacles are in implementing the community policing program in (problem solving) offenses. light crime at Lubuk Pakam Police. The results of the research show that in practice the implementation of the community policing program is in accordance with applicable procedures as regulated by the Republic of Indonesia Regulation No. 3 of 2015 concerning Community Policing. However, the output of the problem solving obtained did not result in peace, because Bhabinkantibmas as the mediator was unable to mediate and provide a win-win solution between the two parties. So there are many cases of minor criminal offenses at the Lubuk Pakam Police which fail in Restorative justice efforts. The obstacles and challenges experienced by the Lubuk Pakam Police in implementing the community policing program include Bhabinkantibmas human resources who do not master the problem solving approach and the community's mindset is still layman about current legal developments]]>
<![CDATA[Legal Protection for Persons with Disabilities as Victims of Sexual Violence (Study of Medan District Court Decision No. 1245/Pid.B/2023 Pn Mdn ]]>
<![CDATA[Twina Resia]]>;
<![CDATA[Budi Sastra Panjaitan]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
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DOI: 10.35335/legal.v13i3.1039
<![CDATA[This research is a type of normative legal research with the aim of the research to find out how legal protection is for people with disabilities as victims of sexual violence and to find out whether in the Medan District Court Decision Number 1245/pid. b/2023 PN Mdn people with disabilities as witnesses and victims receive maximum legal protection. The results of the study indicate that people with disabilities have the right to legal protection from the criminal acts of sexual violence they experience, while the Medan District Court Decision Number 1245/Pid.B/2023/PN Mdn has not been maximized in providing legal protection for people with disabilities who are victims of such actions, one of which is the article used by the judge in sentencing the defendant is Article 12 of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence, where through this article the Medan District Court judge did not consider the victim who was a person with intellectual disabilities at all because the article is an article that regulates criminal sanctions for sexual violence for victims who do not have physical limitations. In this case, the judge ignored the existence of Article 15 paragraph (1) letter (h) of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence, which stipulates that for sexual harassment of persons with disabilities, the criminal sanction is increased by 1/3 of the main sentence]]>
<![CDATA[Application of Diversion to Children in Conflict with the Law as an Effort to Protect Children's Rights in Realizing Restorative Justice ]]>
<![CDATA[Safira Prima Indira]]>;
<![CDATA[Syofiaty Lubis]]>
<![CDATA[ LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field ]]>
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DOI: 10.35335/legal.v13i3.1040
<![CDATA[: This research aims to find out how the legal regulations regarding the implementation of diversion for children who are in conflict with the law are and to find out how diversion is implemented as an effort to protect children's rights in realizing restorative justice. The results of this research show that based on article 7 paragraph (2) of Law no. 11 of 2012 concerning the criminal justice system states that the right to diversion for children in conflict with the law can only apply to children who are 12 (twelve) years old and for crimes with a prison sentence of less than 7 years and not for repeat crimes. In terms of implementation, diversion is carried out through deliberations between the victim's family and the perpetrator's family, led by a diversion facilitator from a District Court judge who listens to claims for losses submitted by the victim's family. Furthermore, based on article 55 paragraph (1) government regulation no. 65 of 2015 concerning guidelines for implementing diversion states that if diversion deliberations reach an agreement then children in conflict with the law can be free from criminal punishment, however, in accordance with article 53 paragraph (2) Perma No. 4 of 2014 concerning Guidelines for implementing diversion states that if deliberations do not reach an agreement then the criminal case will be resolved through a juvenile criminal justice mechanism at court level]]>
