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INDONESIA
LEGAL BRIEF
Published by Ihsa Institute
ISSN : 1979522X     EISSN : 27224643     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 29 Documents
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Search results for , issue "Vol. 13 No. 5 (2024): December: Law Science and Field" : 29 Documents clear
Constitutional Court's Limitation on the Resubmission Ofindictments Ahmad Syahird; Rahmad Masturi; Muhammad Kamran
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1132

Abstract

This study aims to determine the legal consequences of limiting the resubmission of indictments by the constitutional court and the legal certainty of limiting the resubmission of indictments by the constitutional court. This type of research is normative with data collection techniques carried out through library research, namely laws and regulations, a case approach, namely the Constitutional Court Decision, and a conceptual approach. In addition, the author also conducts library research through data and books related to the research topic. Furthermore, the data obtained was analyzed qualitatively which was then presented descriptively. The results of the study show that: 1) The legal consequences of limiting the re-submission of indictments that have been canceled make the decision in the form of a final decision because it has been examined and considered the subject matter of the case and will be nebis in idem if filed again afterwards. The form of legal action that can be taken by the public prosecutor is an appeal or cassation and not resistance (verzet). In order to harmonize this form of legal action with the Constitutional Court's decision, additional arrangements are needed which contain new norms in criminal procedural law; and 2) The Constitutional Court's decision which limits the re-submission of indictments is a form of legal certainty. Thus, in order to prevent repeated cancellation of the indictment, the prosecutor's accuracy is required in preparing the indictment because at the second examination, there is a potential for the indictment to still not meet the material requirements so that the case is considered finished without any examination of the main case, and there is a potential for an indictment still does not meet the material requirements, while the subject matter of the case is proven. This resulted in no settlement and clarity of the status of the case for the accused and victims to obtain a guarantee of fair legal certainty as mandated in Article 28D paragraph (1) of the 1945 Constitution
Legal Protection for Medical Personnel in Providing Anesthesia Services to Patients Based on Health Laws Kartika Hariandiny Fadli; Dahlan Dahlan
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1134

Abstract

Medical personnel providing anesthesia services often face legal challenges, as the outcomes of such procedures may lead to patient disability or death, raising concerns of malpractice from the patient’s family. While conducting their duties, medical personnel are entitled to legal protection, making it essential to examine this issue. This research, titled “Legal Protection of Medical Personnel in Providing Anesthesia Services to Patients Based on the Health Law,” addresses the following questions: 1) What are the legal regulations for medical personnel in anesthesia services? 2) What risks are involved? 3) How are medical personnel legally protected in anesthesia services?. Using normative juridical research and a statutory approach, this study analyzes existing regulations and secondary sources. Although Indonesia’s Health Law does not specifically address anesthesia, the Minister of Health Decree No. HK.01.07/MENKES/1541/2022 provides guidelines for anesthesiology and intensive care, given the high risks involved. To safeguard patient safety, medical personnel take preventive measures to minimize anesthesia risks. Since anesthesia is a high-risk procedure that may result in severe outcomes, including death, enhancing its categorization within the Health Law is crucial. Legal protection for medical personnel includes preventive measures, reducing the risk of legal consequences, and repressive measures, offering support if adverse events occur
The Role of Intercultural Interaction in Community-Based Tourism Man-agement in Nganggring Rini Lestari
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1139

Abstract

This study aims to analyze the role of intercultural interaction in community-based tourism management in Nganggring Tourism Village, Yogyakarta. Through a qualitative approach with a case study method, this study explores how interactions between tourists and local communities contribute to cultural preservation, increasing social cohesion, and economic impacts on local communities. The results show that active participation of tourists in cultural activities, such as local handicrafts and agriculture, not only enriches the tourism experience but also helps preserve traditions and strengthen the cultural identity of the village community. Intense interactions between tourists and local residents also play a role in building closer social relationships, while providing economic benefits through homestays and sales of local products. This study suggests the importance of skills training for local communities, wider tourism promotion, and collaboration with educational institutions and the government to maintain the sustainability of community-based tourism in Nganggring Village. Thus, this management model can be used as a reference for the development of other tourism villages in Indonesia
The Urgency of Registering Industrial Design Intellectual Property Rights as an Effort to Increase Competitiveness in the Global Era Asri Elies Alamanda; Lailatul Mutmainah
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1140

Abstract

Registration of Intellectual Property Rights (IPR) for industrial designs is a crucial step in increasing product competitiveness in the global era. In the midst of increasingly fierce competition, protection of innovative designs is important to maintain the uniqueness and added value of products. IPR registration not only provides legal protection for designs, but also improves the company's image and reputation, and encourages innovation. In addition, IPR owners can take advantage of exclusive rights to explore new business opportunities and improve their bargaining position in the global market. The method used in this study is the normative research method. It is important for industry players to understand and utilize IPR registration as a primary strategy in facing the challenges of a dynamic global market. This study aims to explore the urgency of industrial design IPR registration and its impact on industrial competitiveness, as well as provide recommendations for industry players in maximizing the potential of IPR as a strategic asset. Government policies have an important role in supporting and facilitating the industrial design registration process to increase the competitiveness of local products in the international market. Industrial design registration provides legal security for design owners in running their businesses. With the legal protection provided by the Industrial Design Law, design owners can be more confident in doing business, investing in the development of new designs, and establishing business partnerships without fear of imitation or copyright infringement
Analysis of Illegal Fishing Issues in Meranti Islands Regency and Its Impact on Marine Ecosystem Sustainability Ridho Firmansyah
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1143

Abstract

Indonesia, as the largest maritime nation with over 17,000 islands and vast oceanic areas covering two-thirds of its territory, possesses significant potential in the marine sector. However, practices of illegal fishing, often conducted by foreign and local fishermen in waters such as those of the Meranti Islands Regency in Sumatra, threaten the sustainability of marine ecosystems and the livelihoods of local fishermen. This research aims to examine the enforcement efforts against illegal fishing in the region, including both preventive and repressive measures implemented by the Marine and Fisheries Office and the Water Police. The research method used is observational, with data collection techniques involving direct interviews with officials from the Water Police and the Marine and Fisheries Office as respondents. The findings indicate that preventive measures include legal education and routine patrols, while repressive measures encompass the arrest and examination of lawbreakers. However, law enforcement faces various challenges, such as limited resources and facilities, low public awareness of the impacts of illegal fishing, and economic factors that drive some fishermen to engage in illegal practices. Therefore, enhancing oversight, ongoing legal education, and providing necessary resources are essential to preserving marine resources and ensuring effective law enforcement in the Meranti Islands Regency
Leadership of Former Corruption Convicts in Government Analysis of Fiqh Siyasah (Case Study of Constitutional Court Decision Number 03-03/PHPU/DPD-XXII/2024) Edi Saputra; Iwan Iwan
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1148

Abstract

This study discusses the leadership rights of former corruption convicts in government, especially through the Constitutional Court Decision Number 03-03/PHPU.DPD-XXII/2024, highlighting how constitutional rights and ethics of leadership in government. This study uses a normative legal method to analyze the application of legal norms and collect data through literature studies, including the Constitutional Court Decision Number 03-03/PHPU/DPD-XXII/2024. This paper raises 2 (two) problem formulations, namely: (1) How is the leadership of corruption convicts in government based on the Constitutional Court Decision Number 03-03/PHPU/DPD-XXII/2024 and (2) What is the view of fiqh siyasah on the leadership of former corruption convicts in government. The results of this study indicate that the rights of former convicts to lead in government are recognized based on the Constitutional Court decision, which is a constitutional right that must be recognized and restored. However, this is considered contrary to Islamic principles and leadership ethics, which consider individuals with a history of corruption unfit to lead. From the perspective of siyasah fiqh, the opportunity for former convicts to participate in elections is considered not in accordance with the leadership criteria set by the sharia
The Influence of International Law on the Enforcement of State Sovereignty Over Digital Resources Wendy Budiati Rakhmi
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1149

Abstract

This research examines the influence of international law on the enforcement of state sovereignty over digital resources, focusing on a comparison of digital sovereignty policies in the European Union, the United States and China. With the rapid development of technology and the increasing reliance on digital infrastructure, many countries have sought to strengthen their digital sovereignty to protect data, privacy and national security. However, the absence of comprehensive international legal instruments poses challenges in the fair and uniform enforcement of digital sovereignty. This research uses a qualitative-descriptive approach with a multiple case study method, analyzing legal documents, national policies, and reports of relevant international organizations to identify the impact of international law on digital regulation. The results show that the European Union places privacy rights as a priority by implementing the General Data Protection Regu-lation (GDPR), while the United States tends to support market freedom and technological innovation, but with some exceptions related to national security. China, on the other hand, takes a protectionist and centralized approach with strict control over data and digital access in its territory. In conclusion, these different approaches result in fragmentation in the management of digital sovereignty, which could threaten global connectedness. This research recommends international cooperation to create a global digital legal framework that balances state sovereignty rights with the need for connectedness and equitable access to data around the world
Implementation of Agricultural Land Lease with Harvest Season Payment System in Namu Terasi Village, Sei Bingei Subdistrict, Langkat Regency Muhammad Ramanda Alif Syaufi Ginting; Tetty Marlina Tarigan
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1150

Abstract

Agricultural land lease agreements with a harvest season payment system are a custom practiced by farmers in Namu Terasi Village, Sei Bingei Subdistrict, Langkat Regency. The residents of this village primarily work as farmers to sustain their livelihoods, although not all possess extensive land. Consequently, farmers in Namu Terasi Village engage in agricultural land leases with a harvest season payment system. However, some tenants fail to pay the rent within the agreed time frame, often avoiding the landowner's attempts to collect payment. In extreme cases, tenants have left the area with no known whereabouts, thus resulting in a breach of contract. This research, categorized as field research or empirical legal research, is based on primary and secondary data sources. Findings indicate that leasing agricultural land with the harvest season payment model has become customary among farmers in Namu Terasi Village, particularly for irrigated lands primarily used for rice cultivation. Lease agreements are typically conducted orally due to family connections and shared community ties. This payment system, structured around the harvest season, offers convenience to the tenant. While this lease arrangement aligns with the Civil Code’s legal contract requirements, the harvest-based payment method falls outside its purview, relying instead on mutual agreement. Should a tenant default on their obligations, they are required to compensate for any incurred costs, losses, and interest. To prevent similar issues, future lease agreements should ideally be documented in writing to ensure both parties are accountable for their respective rights and obligations
The Construction of Corporate Fault related to Corporate Criminal Liability in the New Criminal Code: Implications and Formulation Ade Sathya Sanathana Ishwara
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1151

Abstract

 On January 6, 2023, President Joko Widodo signed a new Penal Code (Law No. 1/2023) regulating corporate criminal liability in Indonesia, introducing significant changes in corporate criminal law. This regulation alters the definition, subjects, conditions of liability, justifications, and sanctions for corporations. The aim of this research is to identify the implications of the construction of corporate fault in the new Penal Code on corporate criminal liability in Indonesia and to formulate appropriate criminal sanctions based on this construction. The research employs a normative legal method with a legislative approach to analyze the construction of corporate fault in Law No. 1/2023, affecting corporate criminal liability in Indonesia. Data is gathered from legal texts, court decisions, legal literature, and analyzed with a focus on the implications and formulation of suitable sanctions for corporations. The implications of the construction of corporate fault in the new Penal Code (Law No. 1/2023) on corporate criminal liability in Indonesia are highly significant, expanding the accountability of corporations and individuals involved in corporate criminal activities. Despite varying opinions on these changes, the implementation of the new Penal Code reflects the government's commitment to improving corporate governance, promoting legal compliance, and ensuring the protection of public interests. The formulation of appropriate and proportionate criminal sanctions should encompass various aspects, ranging from fines to rigorous monitoring, restitution, and corporate education, to foster a more ethical and sustainable business environment while maintaining fairness and legal certainty.
The Impact of Tax Policy on The Growth of Micro, Small, And Medium En-terprises (MSMEs) In Indonesia Goei Elvian Kertojoyo
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1152

Abstract

Micro, Small, and Medium Enterprises (MSMEs) contribute significantly to the Indonesian economy, accounting for 60% of GDP and 97% of jobs. However, this sector still faces challenges in taxation, particularly related to administration and tax burden. The government has implemented a final income tax policy of 0.5% as an effort to support MSMEs. The research uses a combination of normative juridical and qualitative empirical methods, with data collection through literature study, interviews with 30 MSME actors, surveys of 200 respondents, observation, and Focus Group Discussion. The research findings reveal that although tax policies have simplified the tax system for MSMEs, their implementation is still hindered by low levels of tax compliance and understanding. There is a need for policy refinement that is oriented towards the needs of MSMEs, as well as more intensive education and mentoring programs to support the growth of this sector

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