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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 14 Documents
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Search results for , issue "Vol. 14 No. 1 (2025): April: Law Science and Field" : 14 Documents clear
Settlement of Patient Data Protection Disputes in Hospitals According to Law Number 27 of 2022 concerning Personal Data Sasmiwati, Desi; Herisasono, Adi; Vitrianingsih, Yeni; Hardyansah, Rommy
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1231

Abstract

his study was conducted because there were several doubts about the security of patient personal data in the implementation of electronic medical records; leaks that were worried included, first, insurance applications requiring the transmission of patient data using electronic communication, second, patient data leakage through human resources at health facilities who deliberately photographed or provided patient data to other parties, and third, the occurrence of system leaks, one of which was due to a virus. This research aims to resolve disputes over patient data protection in health facilities by law Number 27 of 2022 Article 4 paragraph 2 concerning personal data protection. The research method used in this study is an empirical law approach. Based on the results of the study, it can be concluded that the protection of patient privacy data in the process of applying for insurance/guarantee at Health Service Facilities has been protected by law, and this is legally done in the process made well with a sophisticated system, even recently there has been a special electronic message for health facilities called to restore. Indeed, not all health facilities can use it
Constitutionality Of The Existence Of Land Banks In The Management And Control Of Land By The State Putri, Mega Mutiara
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1227

Abstract

This paper looks at the legal concerns surrounding the effects of land bank rules on governmental control and management of land. Using normative legal research techniques, it was discovered that Government Regulation Number 64 of 2021 concerning the Land Bank Agency regulates the establishment of a land bank, which is governed by Article 125-135 of Law Number 6 of 2023 concerning the Stipulation of the Job Creation Regulation. The regulation relating to the Land Bank in PP Number 64 of 2021 concerning the Land Bank Agency has legal ramifications because it conflicts with the 1945 Indonesian Constitution, specifically Article 6 letter a and Article 7 of PP Number 64 of 2021 concerning the Land Bank Agency regarding land. This is because the government determined that land control by the state is covered by Article 33 paragraph (3) of the 1945 Constitution. Because they went against the Constitution's guarantee of the State's authority, the two Articles are incompatible
Analysis of the Decision of the State Administrative Court Number 282/G/2019/PTUN.MDN Concerning the Dismissal of the Head of Sampali Village from the Perspective of Fiqh Siyasah Dalimunthe, Said Hasan Al-Khindawi; Firmansyah, Heri
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1232

Abstract

: Provinces and regencies/cities are autonomous regions, namely a legal entity with clear territorial boundaries and have the rights, authority, and responsibility to regulate and manage their own government affairs. Village apparatus plays a role in supporting the village head to ensure the smooth administration of government, provide services needed by the community, and carry out village obligations, duties, and functions. The purpose of the research is to find out how the decision of the state administrative court Number 282/G/2019/PTUN.MDN concerns the dismissal of the head of the Sampali village hamlet from the perspective of fiqh siyasah. Research method, normative legal research. The results of the research, the dismissal of the Head of the Sampali Village Hamlet was carried out without deliberation, adequate notification, or consultation with the sub-district head, as a result of which it violated Law Number 3 of 2024 concerning Villages and Regulation of the Ministry of Home Affairs Number 67 of 2017, as a result the decision was declared null and void, and the defendant was ordered to revoke the decision, return the plaintiff to his original position, and pay court costs. According to the perspective of fiqh siyasah, this decision reflects the application of the principles of justice ('adl), deliberation (shura), and responsibility (mas'uliyyah) in governance. The act of dismissing the village head without going through a legitimate procedure not only violates state law, but also the ethics of Islamic leadership. This case is an important precedent for applying the values ??of fiqh siyasah in maintaining the welfare of the community and the integrity of the village government
Preventing Terrorism Threats: Implementation and Challenges in the Indo-nesia’s New Capital City Wardana, Irfanditya Wisnu; Arfina, Zora; Priyanto , Sapto
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1239

Abstract

: The relocation of Indonesia’s capital to Nusantara presents security challenges, particularly in preventing terrorism. Existing counterterrorism frameworks lack integration between urban planning, technological security, and community-based strategies. This study examines the role of AI-based surveillance, biometric security, and cybersecurity alongside participatory approaches to enhance resilience and detect radicalization early. Key issues include gaps in policy coordination, the effectiveness of digital surveillance, and the role of local communities in countering extremist narrative. A qualitative content analysis identifies patterns and challenges in terrorism prevention. Findings highlight the need for synergy among the government, society, and technology. Practical recommendations include an integrated security framework combining smart surveillance, adaptive policies, and cross-sector collaboration. With a comprehensive approach, Nusantara can serve as a model for a secure and resilient capital city
Pandora's Box in Surrogacy: The Paradox of Legal Altruism and the Threat of Human Trafficking Gisymar, Najib A.; Noorhidayah, Noorhidayah; Naufal, Naufal; Purnawirawan, Agung Cucu; Suhra, Sarifa
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1246

Abstract

The practice of surrogacy is now an international debate, colored by the tension between the legal policies that regulate this practice and the potential for exploitation and human trafficking. Some countries, such as Italy, prohibit this practice with severe sanctions, while others, such as India and Thailand, legalize it with certain restrictions, prioritizing the altruistic dimension. This article explores the paradox contained in surrogacy, considering it as a Pandora's box that contains both hope and serious potential risks, especially related to the threat of exploitation and human trafficking. This study adopts a normative legal approach by comparing the regulation of surrogacy in countries that allow and prohibit this practice. The methodology used is a socio-conceptual approach, where data is collected through a review of literature and related international conventions, and analyzed with a teleological interpretation to understand the purpose of the rules and the developing legal phenomena. The research findings show that although surrogacy can offer reproductive solutions, this practice often gives rise to ethical and legal dilemmas that threaten the human rights of both surrogate mothers and the children born. Therefore, it is important to find a middle ground that ensures the protection of all parties involved, both those who support or oppose this practice
Effectiveness of Implementation of the 1974 SOLAS Convention Regarding Safety Standards at Public Ports in Batam City Maharani Siregar, Ghea Regita; Priyo Amboro, Florianus Yudhi; Sudirman, Lu
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1247

Abstract

The International Maritime Organization (IMO) held a conference from 9 to 13 December 2002 in London, resulting in an amendment to the international convention on safety of life at sea or Safety of Life at Sea (SOLAS) 1974. This research aims to analyze the effectiveness of implementing SOLAS 1974, analyzing obstacles, and providing solutions in dealing with obstacles in the implementation of SOLAS 1974 at the Public Port in Batam City. The research objects are SCN Batam Public Harbor, BP Batam and 99 Batu Ampar Harbor. The research results were analyzed using the theory of legal effectiveness according to Soerjono Soekanto which consists of five factors, namely the legal factor itself, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors which are the results of the research. From this research it can be concluded that at the SCN Public Port the facilities and infrastructure factors were found to be less effective and other factors were effective, whereas at the BP Batam and 99 Batu Ampar Ports each factor was found to be effective. The obstacle experienced by the SCN Batam Public Port in implementing SOLAS 1974 was support from the Company itself, namely the provision of facilities and infrastructure for. Meanwhile, the obstacle experienced by the BP Batam and 99 Batu Ampar Public Ports in implementing the results of the researchers' field observations was the lack of firmness in law enforcement in the field
Evaluation of the Effectiveness of Legal Protection for Consumers for Unused Electricity Bills in Batam Zulfi, Natasya Artameivia; Seroja, Triana Dwi; Sudirman, Lu
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1248

Abstract

Electricity is a primary necessity in today's world, and it has an impact on a country's economic growth. PT PLN Batam, as a subsidiary of PT PLN (Persero), is not only a provider of electricity but also must prioritize the quality of service to consumers. However, in practice, there are consumers who experience an increase in electricity bills compared to the previous month, and they do not receive a clear and proper explanation from PT PLN Batam regarding their electricity usage. The purpose of this research is to analyze the form of legal protection for consumers against electricity bills without usage in Batam and to evaluate the effectiveness of legal protection for consumers against such bills in Batam. The research method used in this study is empirical legal research, as it is conducted through field studies by observing the implementation of applicable regulations in the community. The results of this research show that legal protection for consumers against electricity bills without usage in Batam is still weak due to the low legal awareness from both PT PLN Batam and consumers, as well as the lack of clarity in the Electricity Law regarding the steps consumers can take. The effectiveness of legal protection is also hampered by the use of difficult-to-understand language in SPJBTL, the low legal awareness of the public, and the lack of legal literacy regarding consumer rights and obligations. This leads to difficulties for consumers in resolving issues related to electricity bills that do not match their actual usage
Driver's Liability for Negligence Resulting in Damage to Toll Facilities from the Maqasid Syariah Perspective (Case Study of the Medan-Tebing Tinggi-Kisaran Trans Sumatra Toll Road) Damanik, Rahma Aulia; Hidayat, Rahmat
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

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Abstract

Along with the large volume of vehicles on toll roads, it has an impact on traffic accidents that are very detrimental to toll road users, both in the form of material losses and loss of life. On the other hand, toll road managers also experience losses in the form of damage to toll road facilities. This study aims to determine the regulations related to damage to toll facilities, as well as to determine the form of driver responsibility for damage to toll facilities. This problem is analyzed from the perspective of maqasid sharia on driver responsibility for negligence resulting in damage to toll facilities. The type of research is empirical legal research with a case approach (living case approach). The results of this study indicate that PP Number 15 of 2005 Concerning Toll Roads Article 86 paragraph 3 (a) (b) (c) and (d), is a regulation that regulates damage to toll facilities due to driver negligence. In the case of the Trans Sumatra Toll Road, damage to toll facilities caused by driver negligence is the responsibility of the driver, in accordance with the toll assets that were damaged. In the maqasid sharia perspective, driver responsibility is the application of the principle of Hif al-Mal (protecting property), therefore it is obligatory to maintain toll facilities.
Maqashid Syariah as a Foundation Social Based Crowdfunding (Comparison of Indonesian and Malaysian Sharia Economic Law) Kusmiadi, Kusmiadi; Maruf, Irma Rachmawati; Ruslina, Elli; Noor, Zakhiri Md
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1250

Abstract

Maqashid Sharia, which is the purpose and basic principle of Sharia, serves as a moral and ethical foundation in the development of various economic activities. The method used is a qualitative approach to explore the relevance of Maqashid Syariah in Social Based Crowdfunding contracts. This method was chosen to obtain an in-depth understanding of the concept of Maqashid Syariah and its application in the context of Islamic economic law in Indonesia and Malaysia.  Based on the analysis conducted, it can be concluded that Maqashid Syariah has significant relevance as a foundation in Social Based Crowdfunding contracts in Indonesia and Malaysia. Maqashid Syariah, which focuses on achieving the goals and benefits of society, can ensure that every Crowdfunding transaction is not only financially beneficial, but also in accordance with sharia principles. Social Based Crowdfunding based on Maqashid Syariah is able to answer the needs of the community by providing access to financing for beneficial projects, such as social, education, and health. This approach also promotes justice and equality in resource distribution, reduces inequality, and supports small entrepreneurs who need support. Agreements structured based on Maqashid Syariah principles emphasise the importance of transparency and accountability, so that all parties involved can be held accountable for their roles and contributions
How are the dynamics of village regulations related to preserving local wisdom and community culture? Consistency in laws and regulations in Indonesia Nurfurkon, Ardika
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

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Abstract

Village regulations are often not consistent with higher laws and regulations, so some villages still face the dilemma of carrying out their role in maintaining local wisdom and community culture amidst the pressures and demands of increasingly complex times. This research aims to show the dynamics of village regulations, especially in maintaining the local wisdom and culture of village communities and their consistency in statutory regulations. This research uses a normative research method that studies relevant laws and regulations, including Law Number 6 of 2014 concerning Villages. Researchers found the strategic role of village regulations in preserving local wisdom and community culture, consistency in village regulations in statutory regulations and challenges to the existence of village regulations in supporting the preservation of local wisdom and village community culture. This is strengthened by the legitimacy regulated in Law Number 6 of 2014 concerning Villages, providing a strong legal basis for villages to regulate and carry out affairs that are beneficial to local communities.

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