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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
Judicial Review and Civil Society Oversight: Synergy in Realizing a Demo-cratic Constitutional Court (Study of Constitutional Court Decision Number 90/PUU-XXI/2023) Khilmi, Erfina Fuadatul
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.v14i1.1261

Abstract

The intervention of political power in judicial review has a significant impact on the constitutional court, which is considered to disrupt the independence of constitutional judges and the pattern of constitutional interpretation in line with power. Although, the resulting decision opens up opportunities for people's constitutional rights, it does not fully favour the power of the community as a counterweight in judicial review. The research method used is normative juridical with a conceptual approach, a statutory approach and a case approach to Constitutional Court Decision Number 90/PUU-XXI/2023. This study aims to analyze Judicial Review and civil society oversight that work together in realizing democratic judicial decisions in the midst of political forces that intervene in constitutional courts in Indonesia. The results show that in a judicial review that has been intervened by political forces, public access to the judicial review process has been controlled by political interests. Therefore, the importance of special arrangements regarding the amicus curiae mechanism of public participation is a form of democratic control in a state of law to provide opinions as additional considerations for judges which should be part of the formal procedures in judicial review. This is done while still ensuring the protection of the constitutional rights of the community actively and objectively in the decisions produced by the Constitutional Court.
The Responsibility Of A Notary For Negligence In Handling Business Licensing Through Oss-Rba Sya’ban Tiar, Risvan; Sesung, Rusdianto
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.v14i1.1260

Abstract

Based on the results of the study, it can be concluded: First: With the granting of a power of attorney by a business actor to a notary, it clearly creates a legal relationship in which the notary acts on behalf of all the legal interests of the business actor, gives authority and responsibility, as well as gives birth to rights and obligations that arise between the two parties. A notary who carries out the business licensing process through the OSS system can be held accountable based on a power of attorney agreement that creates rights and obligations for the principal and the attorney. The responsibilities that arise are civil responsibility and moral responsibility related to the notary's code of ethics. Second, for the occurrence of typographical errors in the minutes of the deed, these errors can be corrected by making changes or by replacing, adding, crossing out, or inserting words. These changes may only be made to the contents of the deed, not at the beginning and end of the deed. The change is valid if it is initialed or given other validation marks by the signer, witness, and notary. The notary's responsibility for the occurrence of typographical errors in the minutes of the deed that have been issued copies is to directly make changes to the draft of the deed by reprinting it if the facing is still available and there is office equipment to support it. However, if the appearers are no longer present before the notary, the notary must contact the appearers again to make improvements to the deed (not changes)
Juridical review of the decision of the constitutional court number 70/phpu.bup-xxiii/2025 re-voting of the serang regency election Hibar, Ujang; Wahyudi, Wahyudi; Asnawi, Asnawi; Saepudin, Eli Apud
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.v14i1.1264

Abstract

Constitutional Court Decision Number 70/PHPU.BUP-XXIII/2025 is a response to the dispute over the results of the 2024 Serang Regency Regional Head Election (Pilkada), which was marked by allegations of structured, systematic, and massive (TSM) election violations. The violations included the involvement of state officials, such as the Minister of Villages and Disadvantaged Regions Development, as well as open support from village heads for one candidate pair. This study aims to examine the legal basis and juridical considerations of the Constitutional Court in deciding to order a re-voting (PSU) in all polling stations (TPS) in Serang Regency. The method used is a normative juridical approach with analysis of laws and regulations, decision documents, and election law literature. The results of the study show that the Court consistently upholds the principles of electoral justice by making integrity and neutrality the main foundation in organizing Pilkada. This decision is also an important precedent in maintaining the quality of local democracy and emphasizing the limits to power intervention in electoral contestation
Reconstruction of Consumer Protection Regarding the Provision of Halal Features in the Marketplace from the Perspective of Maqashid Syariah Pangaribuan, Rohid Ramadani; Permata, Cahaya
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.v14i1.1272

Abstract

Consumer protection in the marketplace is an important issue along with the increase in digital transactions in Indonesia. One aspect that needs to be considered is the provision of halal features on the marketplace to ensure that the products sold are in accordance with sharia principles. This study aims to analyze the regulation of halal features in the marketplace as well as the concept of consumer protection based on the perspective of Maqashid Sharia. The research method used is an empirical legal method with a statute approach and a conceptual approach. The results of the study show that although regulations regarding halal product assurance have been regulated in Law Number 33 of 2014 concerning Halal Product Assurance, there are still many marketplace platforms that have not provided halal features in a transparent manner, so that it has the potential to cause asymmetric information for Muslim consumers. From the perspective of Maqashid Sharia, the absence of halal features in the marketplace can hinder the fulfillment of the principles of hifz al-din (maintaining religion), hifz al-nafs (preserving the soul), and hifz al-mal (preserving property). Therefore, it is necessary to strengthen regulations and the responsibility of marketplaces in providing halal information symmetrically to improve the protection of Muslim consumers and realize fair transactions in accordance with sharia principles

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