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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 32 Documents
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Search results for , issue "Vol. 14 No. 2 (2025): June: Law Science and Field" : 32 Documents clear
Protection of Patient Data Confidentiality in Telemedicine Services In In-donesia: A Human Rights Perspective Ari Rama, Bagus Gede; Sawitri Nandari, Ni Putu; Mahadewi, Kadek Julia
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1238

Abstract

The growth of telemedicine in Indonesia has become an innovative solution to improve access to health services, especially in remote areas, but accompanied by an increased risk of leakage of sensitive patient data. This problem is exacerbated by the uneven implementation of data protection regulations, despite the implementation of the Personal Data Protection Law (PDP Law) of 2022, Minister of Health Regulation No. 20 of 2019, and provisions in the Health Law. This study uses a normative legal approach with analysis of legal documents, legal literature, and a study of secondary data related to data leakage incidents in the telemedicine sector. The discussion focused on reviewing the legal provisions that regulate explicit approval, transparency, and information security systems in the management of medical data, as well as analyzing the application of these norms in the field. Furthermore, this study integrates legal theories such as informational self-determination and contextual integrity, as carried out by leading experts (Warren & Brandeis, Solove, Westin, Nissenbaum, and Kuner), to assess the impact of data leaks on human rights, especially the right to privacy and protection of personal information. The results show that although regulations have been legally enforced, implementation constraints such as inequality in digital infrastructure, differences in legal interpretation at the local level, and cross-sector coordination are still major obstacles. Therefore, synergy between strict regulation and a multidisciplinary approach is urgently needed to ensure that telemedicine innovation goes hand in hand with full respect for human rights.
Legal certainty of internal regulations in health services in government hos-pitals Suryaningdiah, Daniek; Subekti, Subekti; Suyono, Yoyok Ucuk; Sidarta, Dudik Djaja
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1240

Abstract

The purpose of this study is to analyze and find out that Internal Regulations (Hospital ByLaws) in government hospitals in Indonesia meet the principles of legal certainty and harmonization between Internal Regulations (Hospital ByLaws) as well as higher regulations in the legal system related to health services in government-owned hospitals. The type of research applied is normative legal research using a statutory approach, a conceptual approach, and a comparative approach. The results of the analysis show that the inconsistency between Internal Regulations (Hospital ByLaws) and regulations that have a higher hierarchy can produce various legal consequences, such as decreased hospital accreditation, lawsuits from patients or medical personnel, and the risk of administrative sanctions. Thus, the hospital must carry out continuous evaluation and revision to ensure compliance with the latest regulations. Disagreements that are left can cause legal losses for both hospitals, medical personnel, and patients. Hospitals are at risk of losing accreditation, facing lawsuits, and experiencing administrative issues that can disrupt operations. In addition, inconsistencies can also disrupt public trust in the hospital
Legal review on termination of employment due to urgent misconduct Wahyudin, Hari; Prawesthi, Wahyu; Amiq, Bachrul; Marwiyah, Siti
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1242

Abstract

The research problems formulated in this study are: 1) How does Indonesian law regulate employment termination due to urgent violations and what are the criteria for violations that can be considered urgent and serve as grounds for employment termination? 2) Does Decision No. 9/Pdt.Sus-PHI/2023/PN.Pal issued by the Industrial Relations Court of Palu District Court aligns with the applicable legal provisions? This study aims to analyze and understand the legal implications of employment termination due to urgent violations. This research employs normative legal methods using statutory, case, and comparative approaches. The norms under Article 52 paragraphs (2) and (3) of Government Regulation No. 35 of 2021 provide that employers may terminate employment contracts without prior notice based on Employment Agreements, Company Regulations, and Collective Labor Agreements. However, there is no clear definition or criteria regarding what constitutes an urgent violation as stipulated in the explanatory provisions of Article 52 paragraph (2) of Government Regulation No. 35 of 2021. This research not only makes theoretical contributions to the development of legal science, but also practical contributions to the world of labor. By clarifying the definition of “urgent violations,” proposing regulatory improvements, as well as providing recommendations for employers, workers, and the government, this research can be the basis for a more just and sustainable labor policy
Legal Implications of Trademark License Revocation on the Trademark Licensee Assari, Elsa; Murtadho, Achmad; Mufarochah, Sylvia; Putri, Febri Falisa
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1265

Abstract

The purpose of this research article is to identify and analyze the legal consequences arising from the cancellation of registered trademark rights, as well as to examine the legal protection available to trademark licensees when the original trademark rights have been removed from the General Register of Trademarks. This study employs a normative legal research method, focusing on statutory regulations and judicial decisions. The findings indicate that the cancellation of a registered trademark results in the removal of the trademark from the General Register, the loss of legal protection, legal implications for the licensee, and potential losses for the trademark holder. Legal protection for trademark rights includes sanctions against trademark infringements, which may consist of deletion and cancellation sanctions, compensation, injunctions against further use of the trademark, and additional sanctions, including possible criminal penalties. Liability sanctions are often imposed on trademark registration applicants who have acted in bad faith.
Legal Analysis of the Application of Restorative Justice in Corruption Cases Based on the Circular Letter of the Deputy Attorney General for Special Crimes Muhamad Nur, Newaldy Fatiha; Sunggara, M. Adystia; Pratama, M. Ilham Wira
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1273

Abstract

This study discusses the application of restorative justice principles in corruption cases based on Circular Letter of the Deputy Attorney General for Special Crimes Number B-765/F/FD/04/2018. The emergence of this policy is one of the alternative efforts to resolve small-scale corruption cases more efficiently, namely through the recovery of state losses without having to go through a lengthy legal process. This study aims to analyze the extent to which the principles of restorative justice have been applied and to identify various obstacles encountered in its implementation. The method used is normative legal research with a legislative and conceptual approach. The results of the study indicate that although this approach provides opportunities for faster recovery of state losses, its implementation still faces various obstacles, such as the lack of a strong legal basis in anti-corruption laws, concerns about abuse of authority, and resistance from the public because it is perceived as reducing the deterrent effect. Therefore, regulatory updates and strict oversight are needed to ensure that this policy is implemented fairly, transparently, and maintains the integrity of corruption eradication efforts
The Legal Responsibility of Hospitals in Medical Malpractice Cases After the Issuance of the Health Law in 2023 Vitrianingsih, Yeni; Dwi Miarsa, Fajar Rachmad; Yahya, Dhofirul
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1274

Abstract

Medical malpractice has serious consequences for patients and creates a legal burden on hospitals as healthcare institutions. This article aims to analyze the form and limits of hospital legal responsibility in cases of medical malpractice based on a normative approach to laws and regulations in Indonesia, especially Law No. 17 of 2023 concerning Health and Government Regulation No. 28 of 2024 concerning Implementing Regulations of the Health Law. This research uses a normative qualitative method with a legislative and conceptual approach. The results of the study show that hospitals can be held held accountable civilly, criminally, and administratively, especially in the framework of vicarious liability, where the hospital is responsible for the actions of medical personnel under its authority. However, there are still weaknesses in the implementation of regulations and gaps between legal norms and field practice. Therefore, it is necessary to strengthen the supervision system, internal medical evaluation, and legal protection for patients and medical personnel
Rethinking Anti-Corruption Law Enforcement in Indonesia: A Critical Analysis of the Tom Lembong Case Romdoni, Muhamad; Nathasya, Nathasya
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1275

Abstract

Corruption remains a persistent and deeply rooted challenge within Indonesia’s legal and economic frameworks. It typically manifests through the intentional misuse of authority for personal or collective gain, often leading to substantial state financial losses. This study highlights the case of Thomas Trikasih Lembong (Tom Lembong), who allegedly issued a sugar import permit without following proper procedural protocols, particularly bypassing coordination meetings—an act that resulted in state losses exceeding IDR 578 billion. Despite occurring in 2016, significant delays in legal action—where one suspect was only apprehended in late 2024 and another in early 2025—underscore critical deficiencies in Indonesia’s legal enforcement mechanisms. Utilizing a normative juridical approach grounded in secondary data and analyzed through descriptive-analytical methods, this research demonstrates the urgency of reforming law enforcement practices. The prolonged impunity in high-profile corruption cases not only hampers justice but also erodes public trust in the rule of law. Therefore, systemic strengthening of Indonesia’s legal apparatus is imperative to ensure accountability and prevent future misuse of authority
Corporate Criminal Liability in the Social Security Organizing Agency Law Ningsih, Dwi Wachidiyah; Suyanto, Suyanto
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1276

Abstract

Employees who should be protected and given social security are often not provided by the corporation, but employees still have to work without any legal protection. This research aims to find out the form of corporate criminal liability in the Social Security Organizing Agency Law and the mechanism for applying sanctions in that law. This research uses normative legal research methods by examining laws and regulations, especially UUBPJS and other library materials related to Social Security Organizing Agency Law issues. The results showed that the Social Security Administration Law No.24 of 2011 does not regulate corporate criminal liability in matters of membership obligations, but corporations can be held criminally responsible if the collection of contributions does not run following the staging that has been determined for BPJS participants
Violence Prevention Policy in Higher Education: Comparative Study of Permendikbudristek Number 30 of 2021 and Number 55 of 2024 Nur Angraini, Peggy Dian Septi
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1278

Abstract

Education develops human resources. Higher education is prone to sexual violence. The response to sexual violence in higher education, the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek) issued Permendikbudristek Number 30 of 2021 to prevent and handle sexual violence and Permendikbudristek Number 55 of 2024 to prevent and handle violence. Normative legal research qualitative descriptive analysis of secondary data sources. Permendik-Budristek Number 30 of 2021 is limited to sexual violence, recruitment of long-term task forces with unclear positions, handling of violence in the implementation of Tridharma, unclear handling of cases not related to the implementation of Tridharma, and the budget is not yet detailed. Permendik-Budristek Number 55 of 2024 physical violence, mental violence, bullying, sexual violence, differences and intolerance, and policies related to violence. The recruitment of task forces clearly takes into account the lack of human resources, adding to the implementation of the Tridharma, violence mechanisms that are not related to the implementation of the Tridharma to other mechanisms, and budgets implemented by Universities. Universities must be safe from violence, citizens have the right to be free from differences, oppression, and violence. Maintaining the value of the University, the maximum potential for happiness is formed, comfortable and safe for learning work. If there is violence, the University must not allow it to be imposed sanctions so as not to increase violations
Social and Economic Mobility in the Indonesia-Timor Leste Border Area (Case Study in Motaain Region Belu Regency) Nino, Handrianus; Seran, Remigius; Binsasi, Heribertus
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1279

Abstract

This aims to study dynamic mobility social and economic communities in the Indonesia-East Timor border region with approach locality, which focuses on practices and relations daily public border in responding to national borders. With method qualitative and approach ethnographic, research This describes How identity, network social, and economic strategies constructed in room fluid and interactive borders. Research results show that the state borders are not only as entity administrative, but rather room negotiated social repetition in a way continuously by actor locals through activity cross border.

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