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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 21 Documents
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Search results for , issue "Vol. 13 No. 6 (2025): February: Law Science and Field" : 21 Documents clear
Legal Protection for Minors Victims of Sexual Harassment or Rape at the Sukoharjo Police Department Iqbal, Muhammad; Junaidi, Amir; Zakaria, Hafid
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1187

Abstract

Children are God's creations that must be protected by each because of their limitations, one of which is legal protection for children to receive some kind of violence. Receiving child violence has a negative impact on the child's future. I wrote this to determine the need for legal protection for child victims of sexual abuse in accordance with applicable legal regulations. Therefore, the state provides legal protection, all children are bound by law Law Number 31 of 2014 concerning amendments to Law Number 13 of 2006 concerning the protection of children and victims Number 35 of 2014 to prevent violence and abuse against children
Legal Analysis of Exemption from Obstetrician's Duties from the Perspective of Fiqh Siyasah Qadhaiyyah (PTUN Study NO. 55/G/2023/MDN.) Meuraxa, Yulia Inshiroh; Suparmin, Sudirman
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1188

Abstract

The presence of Dr. Erwynson in the RDP was the reason for the Dairi Regent to impose a disciplinary penalty in the form of a 12-month dismissal from office, on the basis of alleged violation of Article 4 letter C of Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. Fiqh Siyasah Qadhaiyyah, which regulates the procedures for trial in Islamic law, emphasizes the principles of al-'adalah (justice) and al-maslahah (public interest). This study aims to analyze the Medan PTUN decision Number 55/G/2023/PTUN.MDN regarding the dismissal of Dr. Erwynson Saut Halomoan Simanjuntak by the Dairi Regent, with a normative legal approach through the Siyasah Qadhaiyyah perspective. This approach examines positive legal decisions and the principles of justice in Islam, especially regarding the authority of public officials to take administrative actions. The primary data used include PTUN decisions and relevant laws and regulations, while secondary data include legal literature and Fiqh Siyasah studies. The results of the study indicate that the dismissal of Dr. Erwynson is not in accordance with the principles of justice in both state administrative law and Islamic law. This study offers a critical view of the application of the principle of justice in administrative actions in Indonesia
Implementation of General Election Commission Regulations in Realizing Data Updating in East Kalimantan Province Kusuma, Aji Ratna; Saipul, Saipul; Sarifudin, Sarifudin; Cornelia, Geby; Rahim, Muhammad Nur
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1193

Abstract

The General Election Commission as an institution authorized to organize elections transparently, accountably, and in accordance with legal provisions. The accuracy and precision of data is a central element that determines the quality and fairness of elections. The KPU plays a role in ensuring that every citizen exercises their voting rights through a structured and tiered data updating process. This study aims to analyze the implementation of General Election Commission Regulation Number 7 of 2023 using the implementation model according to Edward III including communication, resources, disposition, and bureaucratic structure and see the inhibiting factors of its implementation. This research uses a qualitative descriptive method. The results showed that the implementation of KPU regulations has not run optimally in realizing data updating in East Kalimantan Province. There are findings in matching and research that clearly violate and are not in accordance with established regulations. This has an impact on the inaccuracy of the Permanent Voters List data. The KPU of East Kalimantan Province endeavors in the process of updating the DPT as the basis for election calculations. This accurate data certainly leads to transparency and minimizes the potential for fraud in the 2024 elections.
Political Party Strategies in Recruiting Prospective Mayor and Deputy Mayor Candidates of Tegal 2024 Fatkhi, Ariyandi Nur; Sutjiatmi, Sri; Sugiharto, Unggul
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1197

Abstract

Political recruitment is an important process in a democratic system, as it determines the figures who will lead the regional government. Various political parties are developing different strategies in this process, ranging from internal cadre recruitment to approaches towards external figures who are considered to have electoral appeal. This research uses a qualitative method with a descriptive approach, collecting data through in-depth interviews with the leaders of the PDIP, PKS, and Golkar political parties in Tegal City, as well as party documents related to the recruitment process. The theory used by the author employs the Political Recruitment theory from Gabriel Almond & Powel, which has two processes: open and closed. The theory is used to describe and analyze the recruitment patterns carried out by the three parties. The research results show that political parties adopt various strategies in recruiting candidates, such as strict selection through electability surveys, internal party consolidation to maintain unity, and collaboration with community groups to increase public support. Factors influencing recruitment strategies include the level of popularity, candidate acceptability, financial capability, and commitment to the party's vision and mission. This research concludes that the success of recruitment strategies does not only depend on the internal mechanisms of the party but also on the party's ability to adapt to the aspirations of the community and build a solid coalition
Advocates' Compliance and Challenges to the Implementation of e-Litigation in Divorce Cases at the Medan Religious Court Based on PERMA Number 1 of 2019 Hasibuan, Fatta Arbie Permadi; Lubis, Fauziah
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1198

Abstract

The implementation of e-Litigation regulated in Perma Number 1 of 2019 is a form of reform of the judicial system to improve efficiency, transparency, and accessibility of law in the digital era. Within this framework, the author determines the formulation of the problem to solve how compliance and obstacles and solutions in the implementation of e-Litigation in Divorce Cases at the Medan Religious Court Based on PERMA Number 1 of 2019, the purpose of this study is to Analyze advocate compliance with the implementation of e-Litigation according to PERMA Number 1 of 2019, Identify the challenges and obstacles of advocates in divorce cases through e-Litigation, Propose solutions to overcome obstacles in the implementation of e-Litigation at the Medan Religious Court. In this study, the author uses the empirical normative juridical research method. In this study, legal documents, field data, and various secondary data such as laws and regulations, court decisions, and legal theories are used. Advocates play a key role as legal assistants who are responsible for mastering electronic procedures, implementing professional ethics, and protecting client data. However, the implementation of this system faces several challenges, especially in divorce cases, such as gaps in technological infrastructure, parties’ unfamiliarity with the e-Litigation mechanism, and concerns regarding data security. This article highlights the strategic role of advocates in ensuring a fair and inclusive judicial process through e-Litigation. In addition, it is proposed to improve training, strengthen technological infrastructure, and develop supporting regulations to overcome existing obstacles. In conclusion, the success of e-Litigation is highly dependent on the synergy between technical readiness and the role of advocates in supporting technology-based access to justice
The Effect of Functional Interpersonal Communication Skills of Tax Exten-sion Officers on Improving Tax Reporting Compliance at the South Makassar Tax Service Office Maswar, Muhammad Azwar; Unde, Alimuddin; Arianto, Arianto
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1199

Abstract

This study aims to analyze and understand the level of functional interpersonal communication skills of tax extension workers, the level of taxpayer compliance, taxpayer awareness and the magnitude of the influence of the level of functional interpersonal communication skills of tax extension workers on the improvement of tax reporting compliance at the South Makassar Pratama Tax Service Office. This study uses a quantitative method using an interpersonal communication skills approach and data collection is carried out through the distribution of questionnaires. The variables tested were the influence of functional interpersonal communication skills of tax extension workers, understanding and awareness of taxpayers on increasing taxpayer compliance. The results of the study show that the level of functional interpersonal communication skills of tax extension workers, the level of understanding and the level of tax awareness simultaneously have a positive and significant effect on tax reporting compliance. This is marked by a calculated F value (21,712) greater than the F table (2.68) and a significance value of 0.000 less than 0.05 as the threshold of the set significance value. However, when tested partially, only one variable had a positive and significant effect on the improvement of tax compliance, namely the level of functional interpersonal communication skills of tax extension workers. Meanwhile, the variables of the level of understanding and awareness of taxpayers have a negative effect
Lawsuit Against the Regent of Mandailing Natal Over the Location Permit for Plasma Land from the Perspective of Fiqh Siyasah (Analysis Study of Ptun Decision Number 84/G/2018/Ptun.Mdn) Hamid, Ikmal; Firmansyah, Heri
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1203

Abstract

Land or territory is the main element of a country. In the perspective of fiqh siyasah, which regulates politics and government in Islam, land dispute cases on Batahan Plasma land as occurred in the case at the Medan PTUN can be seen as part of the leader's responsibility in maintaining justice and preventing conflict in society. The purpose of the study was to find out how the Lawsuit Against the Regent of Mandailing Natal Over the Location Permit for Plasma Land from the Perspective of Fiqh Siyasah (Analysis Study of Ptun Decision Number 84/G/2018/Ptun.Mdn). Research method, Normative Law research. The results of the study, PTUN Decision Number 84/G/2018/PTUN.MDN which granted the lawsuit against the Regent of Mandailing Natal regarding the location permit for Batahan Plasma Land shows the importance of the principles of legality, justice, and public interest in government administrative actions. The Medan PTUN assessed that the permit issued by the Regent was unlawful, not through a legitimate procedure. In the perspective of fiqh siyasah, this decision reflects an effort to uphold justice, transparency, and accountability, which is in line with the principles of social justice and public responsibility. This emphasizes the role of the court in ensuring that public policies are carried out for the public interest, not for the interests of individuals or certain groups. Accurate data certainly leads to transparency and minimizes the potential for fraud in the 2024 elections
The Role Of The State Towards Data Protection In The Use Of Artificial In-telligence Through The Cooperation Between Countries In Asean Gandawidjaja, Yanly; Bunawan, Petra; F. X. Purba, Christian Josua
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1205

Abstract

Cutting-edge technology, including Artificial Intelligence (AI), is essential for supporting human activities, automating tasks, and processing vast amounts of data. However, the use of AI raises concerns about data security, privacy, and the role of humans in legal decision-making. This study explores Indonesia's role in protecting personal data amidst AI advancements and its efforts to establish cross-border data protection cooperation within ASEAN. Using a normative juridical research method, this study examines legal aspects, literature, and case studies through conceptual, analytical, and case approaches, analyzing the data qualitatively. Indonesia ensures legal certainty in personal data protection through Law No. 27 of 2022 on Personal Data Protection. Additionally, Minister of Communication and Information Circular Letter No. 9 of 2023 on AI Ethics serves as a guideline for electronic system administrators to implement technology responsibly. At the regional level, Indonesia collaborates with ASEAN countries to address cross-border data protection. It participated in the formulation of the "ASEAN Framework on Personal Data Protection," which provides non-binding guidelines for member countries in drafting national regulations. Despite its non-obligatory nature, this framework's principles influence Indonesia’s approach to personal data protection and promote regional cooperation. Through bilateral, multilateral, and regional efforts, Indonesia seeks to enhance data protection and address challenges arising from AI integration in daily life
Legal Protection for Whistleblowers in Efforts to Disclose Drug Distribution Ridha NZ Lubis, Muhammad Rasyid; Nasution, Rasina Padeni
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1209

Abstract

Knowing and explaining the legal status of whistleblowers in Indonesia. Identifying and explaining the role of informants in resolving drug trafficking crimes in Indonesia. Exploring and explaining legal protection for drug crime reporters in Indonesia. The type of research used in this article uses regulatory research based on legal provisions related to the Narcotics Law No. 35 of 2009. Using a legislative approach. This approach is carried out by examining all existing legal provisions related to the problem (legal issue). In Indonesian law, a whistleblower or crime reporter is a person who reveals corruption cases or other crimes that occur in the workplace or community. They play an important role in preventing and exposing corruption and ensuring a fair and transparent legal system. The role of informants in resolving drug trafficking cases in Indonesia is very important to increase the effectiveness of law enforcement and reduce the negative impact of these crimes on society. Reporters can act as witnesses who provide information about drug crimes to law enforcement officers, allowing these crimes to be traced and eradicated. In some cases, informants have helped find and resolve drug crimes that were previously unknown to the authorities, thereby helping to increase the effectiveness of law enforcement in addressing the problem
Validity and Reliability of the Agile Leadership Questionnaire Adaption: Indonesian Version Wijayanti, Brigitta Sonia; Susanto, Hery
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1211

Abstract

In the competitive advantage of individuals, some abilities need to be owned and have an essential role, such as the ability to lead. One way to develop this ability is through the application of Agile Leadership. Provide evidence of the reliability of the Agile Leadership Questionnaire adaptation with internal consistency between items using Cronbach-Alpha. The validity evidence of the Agile Leadership Questionnaire adaptation consists of content-based validity evidence using the Content Validity Index (CVI), and construct-based validity evidence using Confirmatory Factor Analysis (CFA). CFA evidence indicated a model that did not fit, as did after modification. Exploratory Factor Analysis (EFA) was conducted, and then reliability and validity evidence were re-conducted using the results of EFA. EFA is used to identify the latent structure underlying a set of variables. Reliability evidence uses SPSS 25 software, Confirmatory Factor Analysis (CFA) validity evidence uses JASP 0.15 software. The adaptation research for the Indonesian version of the Agile Leadership Questionnaire with 4 dimensions containing 15 items provides good reliability and construct validity results

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