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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
Review of Islamic Criminal Law and Positive Regarding Combined Criminal Acts (Case Analysis Study of TNI AL Bintara Candidates in Padang) Aina Putri Ayu; Zaid Alfauza Marpaung
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.v13i5.1171

Abstract

This study aims to discuss the review of Islamic criminal law and national criminal law related to the combination of criminal acts in the case of prospective TNI AL NCO students in Padang, West Sumatra. This study applies the method of field legal research (legal research). The results of the study reveal that positive law adopts three theories that are combined in the concept of punishment, namely cumulative theory, absorption theory, and mixed theory. The three theories are listed in Articles 60 to 71 of the Criminal Code, regulating the combination of criminal acts of concursus idealis, concursus realis, and voortgezette handeling. The application of the combined theory of punishment in positive law is designed to comply with the principles of justice, benefit, and legal certainty. Conceptually, this idea has fundamental differences with Islamic criminal law. In positive law, various criminal acts carried out by one perpetrator are subject to one type of reward according to the provisions that the criminal acts are carried out in a close time or continuously, so that they are included in ongoing actions. This provision is looser than Islamic law, recognizing the imposition of one punishment for several acts if the acts have the same purpose. If they have different purposes, the perpetrator must be given the appropriate punishment with the type of criminal punishment that has been committed
Responsibility of Swimming Pool Managers for First Aid Standards from the Perspective of Mashlahah Mursalah Pramestia Andini Putri; Rahmat Hidayat
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.v13i5.1173

Abstract

One thing that needs to be considered in public spaces, such as swimming pools, is the availability of first aid, considering that accidents or things related to visitor safety are very important. Therefore, one thing that needs to be considered is how the first aid health services are in swimming pools, so the study aims to see the standards of first aid in swimming pools. The research method used is empirical juridical with data processing from interviews or direct field observations of 4 swimming pools. From this study it was found that only 2 swimming pools met the safety standard requirements because they provided complete health facilities and 2 more did not have complete health facilities, because safety standards in swimming pools are important based on the analysis of mashlahah mursalah
Law Enforcement Against Perpetrators of Diploma Forgery Crimes in the Jurisdiction of Samarinda Police Resort Nia Syafira Ramadhanty; Ivan Zairani Lisi; La Syarifuddin
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

Abstract: This study examines the enforcement of legal actions against perpetrators of diploma forgery crimes within the jurisdiction of the Samarinda Police Resort. Focusing on both procedural and substantive legal approaches, the research explores the implications of legal enforcement efforts in addressing document falsification as a criminal offense. Using normative juridical methods, the research highlights challenges faced by law enforcement in proving criminal intent and ensuring adequate penalties for deterrence. This research contributes to the discourse on improving criminal law systems in combating intellectual fraud while safeguarding the credibility of academic credentials. Keywords: Diploma Forgery; Legal Enforcement; Samarinda Police Resort; Criminal Law; and Law Deterrence.
Effectiveness of the Jemput Bola Program at the Population and Civil Regis-tration Service of Jeneponto Regency Muh. Ilham Adhythama Maharani; Badu Ahmad
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

The Integrated Pickup Program is a public service innovation carried out by the Jeneponto Regency Population and Civil Registry Office as an effort to accelerate services in order to reach all people of Jeneponto Regency to get easy and fast services to take care of population document ownership. The target of this Integrated Pickup Program is all villages in Jeneponto Regency, the main focus of this Integrated Pickup Program is villages that still have a low percentage of population document ownership. The research method in this study uses a qualitative approach that explains objects according to the facts that occur in the field, this type of research uses a descriptive type that shows a picture of what happens in the field based on facts in the field. In addition, the purpose of the Integrated Pickup Program is to provide knowledge about the importance of recording population events. With this, the purpose of this study is to determine how effective the Integrated Pickup Program is which is analyzed using Duncan's effectiveness theory quoted by Richard M. Steers (1985:53) which includes, 1) achievement of goals, 2) integration, 3) adaptation.
Inspectorate Organizational Capacity in Central Mamuju Regency Sri Megawati AM. Nur; Nurdin Nara
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.v13i5.1178

Abstract

This study aims to analyze the organizational capacity of the Inspectorate of Central Mamuju Regency in carrying out its supervisory and audit functions. The method used is a descriptive qualitative approach with data collected through interviews, observations, and documentation. The results of the study indicate that the capacity of human resources, infrastructure, technology, and strategic leadership play an important role in the effectiveness of supervision. Although the Inspectorate has implemented a good system, challenges such as the lack of qualified auditors and budget constraints still exist. This study recommends strengthening organizational capacity through improving human resources and adopting technology to support government transparency and accountability
A Comparative Research Of Water Resources Protection Between Indonesia And Pakistan Febrina Heryanti; Adi Gunawan; Sapto Wahyono; Ach. Rifai; Sofianto; Safitri Wulandari
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

Viewed from the legal aspect, the government’s attention to water resources can be seen from the management, sustainable water resource development, and public participation principles. This research discussed these three aspects by adding the advantages and disadvantages of water resource management in Pakistan. This research was library research with a legislative approach and using comparative research. The research results showed that there were three aspects of water management in Indonesia. The first was the principle that water resources are part of Human Rights. Furthermore, water resources are an important part that cannot be separated from an environmentally friendly sustainable development strategy. Then, community participation was stated in Articles 2, 4, Articles 62, and 63 of Law 17 of 2019. Meanwhile, there were three basic aspects of the management of Pakistan’s water resources. First was the principle of Pakistan’s water management, which was stated in the country’s constitution in 1973 and adopted by the UN Resolution, which ensured fair and equal access to clean water and sanitation for all its citizens. The second aspect of sustainability of the Pakistani government was to establish a planting policy strategy with the concept of More Crops per Drop or more plants per drop, which was continued with national-scale technical actions. At the same time, the third aspect was in terms of public participation. The government stated it in the National Water Policy of 2018. The advantages of Pakistan’s water resource management law were based on Islamic law, the internationalization of water resource management, and the establishment of a special agency that deals with water resources. The weakness of the law was that Pakistan did not have a master law on water resource management that applied nationally. Secondly, there was no national legal update and a tiered water resource management structure that could cause national disparities between regions.
Criminal Law Enforcement Against Cyber Phising Perpetrators (Study of decision Number 85/Pid.Sus/2022/PN Bjb) Amalia Zahra Harahap; Zaid Alfauza Marpaung
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

Cyber ??phishing crimes are the result of technological advances that allow attacks without physical interaction. This problem is getting worse and is a serious threat to public safety. This study examines the phenomenon of theft and hacking of personal data in a digital context, especially related to cyber phishing violations. This study also evaluates the criminal law framework in Indonesia that regulates these crimes. The methodology used is normative law with a conceptual approach, namely analyzing written laws from library materials, and collecting data from academic literature. The analysis in this study refers to the provisions of the applicable laws. This study aims to determine how criminal law applies to phishing perpetrators in decision No.85/Pid.Sus/2022/PN.Bjb and, explore the relationship between this problem and the Criminal Code, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions and the Personal Data Protection Law. The results of the study discuss how the criminal law system deals with cybercrimes such as phishing, to overcome this crime problem, it is important to increase public awareness, provide education, and strengthen personal data security.
Criminal Law Regulations Against Cyber Harassment Perpetrators Through Social Media Amany Zuhairah Ritonga; Zaid Alfauza Marpaung
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to determine the criminal law regulations for perpetrators of cyber harassment through social media. Basically, problems that occur in society occur because of the reciprocal relationship that occurs due to the process of social interaction. Law Number 11 of 2008 con-cerning Information and Electronic Transactions (ITE) and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, shows the state's commitment to providing legal protection to its citizens, especially those who are victims of sexual violence. One form of sexual crime that is given protection is electronic-based sexual violence as stated in the provisions of Article 4 letter i. The research method used in normative legal research is commonly referred to as doctrinal legal research or library research. The research approach uses qualitative analysis, legal mate-rials in the form ofprimary, secondary and tertiary legal materials. The research results con-cluded that cyberharassment through social media is a problem that affects all levels of society. Social media users who become victims of Cyberharassment often suffer from serious psy-chological impacts such as Post-Traumatic Stress Disorder (PTSD). Victims can report through the Ministry of Communication and Information or law enforcement officers. Therefore, it is necessary to regulate the law for perpetrators of cyberharassment, so that there are no more victims of such actions.
Problems of Abortion Implementation in the Perspective of Indonesian and Thai Criminal Acts Miranda Damayanti; Nurul Fajriyah
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

Abortion is a complex and controversial issue involving legal, moral, and ethical aspects. This study aims to analyze the problems of implementing abortion from a criminal perspective in Indonesia and Thailand, as well as a review of Islamic law. The method used in this study is the normative legal research method. This study is theoretical and tends to use secondary data as the main source, such as laws and regulations, court decisions, legal journals, books, and related documents. The purpose of this study is to Analyze the Legal Regulations on Abortion from Indonesian Law and Law in Thailand, and to identify the Problems of Its Implementation. In the Indonesian context, abortion is regulated in Law No. 1 of 2023 and Law No. 36 of 2009 concerning Health, which permit abortion under certain conditions, such as medical emergencies and pregnancy due to rape, with strict time limits. Meanwhile, in Thailand, recent legal reforms allow abortion up to 12 weeks without conditions, reflecting a more liberal approach compared to Indonesia. From a Positive legal perspective, abortion is generally considered haram, but there are exceptions in emergency or hajat situations. This study found that there is a discrepancy between the positive laws in both countries regarding the time limits and conditions that allow abortion. This analysis is expected to provide a better understanding of the legal and ethical challenges in the practice of abortion, and encourage dialogue between positive law and religious values ??to achieve more just and sustainable solutions.

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