LEGAL BRIEF
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.
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<![CDATA[National Legal Development and the Rule of Law: A Comparative Study of Indonesian and South African Law ]]>
<![CDATA[Pratama, Amardyasta Galih]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v14i2.1280
<![CDATA[Indonesia and South Africa are both countries that adhere to the principle of the rule of law, where the state is bound by and subject to the law. However, despite the similarity of this principle, the two countries show significant differences in how they conceptualize and formulate their constitutions, mainly due to their different historical, political and socio-cultural backgrounds. The main issue addressed in this research is how these different national contexts influenced the development and implementation of the constitutional rule of law in each country. This research aims to analyse the constitutional development of Indonesia and South Africa by examining the underlying philosophy, historical trajectory and structural design of each country's constitution. Using a historical and comparative approach, this research employs a literature review and descriptive qualitative methods to explore how the rule of law is embedded and operationalized in each constitutional system. The research seeks to show that the unique national experiences of Indonesia and South Africa played an important role in shaping their respective constitutional frameworks, and that these experiences influence how the rule of law is understood and implemented in practice]]>
<![CDATA[Consumer Protection Against Overclaims of SS Skin Skincare Product Composition, Ibnu Taimiyah's Perspective ]]>
<![CDATA[Hasibuan, Siti Erika Jumintan]]>;
<![CDATA[Tarigan, Tetty Marlina]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v14i2.1281
<![CDATA[This study examines consumer protection against overclaim practices in the marketing of SKINCARE SS Skin products from Ibn Taimiyah's perspective. Overclaim practices, such as excessive claims regarding the percentage of content or the use of prohibited claims, have the potential to harm consumers both materially and immaterially. This study uses a normative method with a statutory and conceptual regulatory approach. Data were collected through document studies and interviews, then analyzed descriptively qualitatively. The results of the Ibn Taimiyah perspective study, this practice is included in the category of gharar (fraud) and provides false information, which is contrary to the principle of justice in transactions, indicating that overclaim practices in the marketing of SKINCARE SS Skin products violate consumer rights and the obligations of business actors as regulated in Article 3 paragraph (2) of BPOM Regulation Number 3 of 2022, Article 3 of BPOM Regulation Number 32 of 2021, and the Consumer Protection Law. Losses caused by overclaim practices include material losses, such as money spent on unsuitable products, as well as immaterial losses, such as skin health problems and emotional disappointment. Therefore, business actors are required to be responsible for consumer losses in accordance with Articles 19-20 of the Consumer Protection Act, Articles 1365-1367 of the Civil Code, and the provisions of sanctions in BPOM Regulation Number 3 of 2022]]>
<![CDATA[Recommendations For Carbon Economic Value Governance Regulation: A Normative Analysis Of Carbon Trading In Indonesia ]]>
<![CDATA[Soeharso, Silverius Y]]>;
<![CDATA[Sufiarina, Sufiarina]]>;
<![CDATA[Chaniago, Jafar]]>;
<![CDATA[Nursyamsudin, Nursyamsudin]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v14i2.1282
<![CDATA[: This research examines the weaknesses of carbon trading regulations in Indonesia, particularly within the framework of Law Number 32 of 2009 on Environmental Protection and Management (UUPPLH) in the context of climate change mitigation. Indonesia, as a country that has ratified the Paris Agreement, faces challenges in regulating carbon trading mechanisms to reduce greenhouse gas emissions. Although UUPPLH provides a legal basis for environmental management, it does not explicitly address carbon trading aspects, such as verification, monitoring, and transaction transparency. The study also recommends strengthening the legal system based on the principles of precaution, justice, and transparency, which would enhance the integrity of Indonesia's carbon market. The precautionary principle emphasizes the need for stricter environmental impact assessments to avoid unforeseen damage, while the principles of justice and transparency ensure equitable benefit distribution and open access for all stakeholders. By introducing clearer and more inclusive regulations, Indonesia is expected to manage carbon trading sustainably, reduce the potential for misuse, and effectively achieve emission reduction targets. This research also proposes improvements to policies to prevent carbon crimes and enhance oversight mechanisms. The research method used is normative juridical with legislative and conceptual approaches to analyze legal gaps and provide recommendations for strengthening regulations aligned with international legal principles and Indonesia's domestic needs.]]>
<![CDATA[Judicial Activism by the Constitutional Court in the Frame of Check and Balances as Development Towards Juristocracy ]]>
<![CDATA[Milzam, Qashmal]]>;
<![CDATA[Akbar Syamsul, Asyril Rizky]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v14i2.1284
<![CDATA[The Constitutional Court as the guardian of the constitution and the guardian of the democracy is a form of rapid progress of the modern legal state. The authority of constitutional judges is growing not only as a negative legislature, but also as a mini-positive legislature by using judicial activism so that several times it has issued ultra petitum or ultra vires decisions. This phenomenon is called jurisprudence where judicial institutions are increasingly involved in state administration and political affairs. This study uses a type of normative juridical research with a legislative approach and a case approach. The results of this study found that the Constitutional Court in creating the phenomenon of jurisprudence had a great impact on improving democracy in Indonesia and did not harm checks and balances. However, the threat still exists because constitutional judges are also ordinary human beings who can make mistakes, so internal control that refers to the code of ethics and clearer selection guidelines are the key in ensuring that the quality of constitutional judges remains fair and independent from all conflicts of interest]]>
<![CDATA[Effectiveness of Control Dashboard Utilization in Managing Multiple Events at Telkom Corporate University ]]>
<![CDATA[Haq, Najwa Maulita]]>;
<![CDATA[Pranata, Rici Tri Harpin]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The development of digital technology encourages organizations to adopt a more integrated management system, including in the management of large-scale events or multiple events. This study aims to examine the implementation and effectiveness of the use of control dashboards in the management of multiple events at Telkom Corporate University, an institution under the Telkom Group that routinely organizes various training and development programs. The research method used is a qualitative descriptive approach with data collection techniques through observation, interviews, and documentation studies. The results of the study indicate that the control dashboard plays an important role in facilitating the planning, monitoring, and evaluation of events in real-time through features such as event overview, database events, event calendar, and feedback analysis. This system not only improves operational efficiency but also strengthens team collaboration and the quality of decision-making. This study concludes that the use of control dashboards significantly optimizes the process of managing multiple events at Telkom Corporate University. These findings are expected to contribute to the development of real-time data-based management information systems in the corporate education and training sector]]>
<![CDATA[Legal Protection for the Welfare of the Generation Z Exodus: A Constitutional Law Perspective in Fulfilling Constitutional Rights ]]>
<![CDATA[Nugraha, Tirta]]>;
<![CDATA[Guntara, Deny]]>;
<![CDATA[Rahmatiar, Yuniar]]>;
<![CDATA[Fauziah, Margie Rahayu]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v14i2.1288
<![CDATA[This study aims to examine legal protection for the welfare of Generation Z in the context of exodus or migration, both abroad and between regions, triggered by dissatisfaction with socio-economic conditions at home. From the perspective of constitutional law, Generation Z as part of Indonesian citizens has constitutional rights to work, education, and social welfare as guaranteed in Article 27 paragraph (2), Article 28C, Article 28D paragraph (1), and Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This study uses a qualitative method with a normative legal approach and descriptive-analytical specifications, with data collection techniques through literature studies of national laws and international legal instruments. The results of the study show that although the basic rights of Generation Z have been guaranteed in various laws, their implementation is still weak. High unemployment, unequal access to education and health, and minimal protection of the informal sector such as the gig economy, have encouraged the emergence of the Gen Z migration phenomenon, including through the hashtag "KaburAjaDulu". This reflects the state's failure to provide decent employment and social security. This study recommends regulatory reform with a progressive legal approach and data-based affirmative policies. The state needs to strengthen institutions such as BP2MI and ensure real legal protection for Generation Z through a legal political commitment to social justice.]]>
<![CDATA[Resolution of Land Disputes Between the Government and the Community Related to Overlapping Land Rights ]]>
<![CDATA[Cahyani Putri, Amanda Dwi]]>;
<![CDATA[Kamal, Ubaidillah]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v14i2.1297
<![CDATA[Land disputes between the government and the community, especially related to overlapping land rights, have become an important issue in land governance. This research aims to identify the causes of disputes and the forms of their resolution. The method used is a qualitative approach with an empirical legal research type through field studies at the Land Office and the City Spatial Planning Department in Semarang. Data were obtained through interviews and documentation, and then analyzed qualitatively in a descriptive manner. The results indicate that the main causes of disputes include inaccuracies in tracing land history, measurements conducted without involving legitimate owners, the absence of a legal basis for issuing usage rights, and PTSL procedures that do not comply with regulations. Resolutions are carried out through non-litigation pathways such as mediation and conciliation, as well as litigation avenues through the Administrative Court (PTUN). As a result of this case, the PTUN stated that it does not have jurisdiction to examine the matter because the core of the dispute concerns land ownership, which falls under the jurisdiction of general courts. This research emphasizes the importance of accurate validation of land data to prevent disputes in the future]]>
<![CDATA[Management of Movable Assets as Endowment According to Law no. 41 of 2004 Concerning Endowment (Case Study: Al-Ikhlas Mosque Ambulance, Hinai Village) ]]>
<![CDATA[Humairah, Fanny Azelita]]>;
<![CDATA[Nasution, Abdul Halim]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
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DOI: 10.35335/legal.v14i2.1299
<![CDATA[Endowment is action wakif law for separate or deliver part treasure object his For utilized forever or in term time certain in accordance its importance for religious purposes and/ or welfare general according to sharia. Research This discuss draft endowment object move according to Law No. 41 of 2004, management endowment object moving at the Al-Ikhlas Hinai Mosque, as well implementation Constitution the to management waqf ambulance car . Research This aiming know How endowment object move managed and to what extent the implementation of Law No. 41 of 2004 is applied . Research use method juridical-empirical with emphasize principle certainty law and welfare , and data obtained through observation and interview . The results show that management The ambulance waqf was carried out by BKM Al-Ikhlas Mosque and utilized For Hinai community and its surroundings . However , its utilization Still nature consumptive and not yet productive . In addition , the ambulance has not registered with the Indonesian Waqf Board (BWI) because BKM's ignorance regarding procedure registration , so that No in accordance with provisions of Article 32 of Law No. 41 of 2004 concerning obligation registration endowment object move.]]>
<![CDATA[Protection Consumer to Perspective Brand Manipulation Maqashid Syariah (Shopee Marketplace Case Study) ]]>
<![CDATA[Syafitri, Rizka]]>;
<![CDATA[Sativa, Annisa]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
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DOI: 10.35335/legal.v14i2.1300
<![CDATA[Brand manipulation is one of the most common violations of intellectual property rights in marketplaces, including Shopee. This practice harms consumers and original brand owners by causing confusion, lowering product quality in the market, and threatening user safety. This study aims to analyze the factors causing brand manipulation to protect consumer rights based on the consumer Protection Law (UUPK) and explore the application of Maqashid Syariah justice values. This study uses a library research method with a descriptive qualitative approach. A statute approach is used to analyze relevant regulations, such as Law No. 8 of 1999 on Consumer Protection and Law No. 20 of 2016 on Trademarks and Geographical Indications. . Research suggests that brand manipulation results from a number of major factors: a lack of consumer knowledge of the original, a profitable economic advantage for business owners, a lack of legal supervision and enforcement, tight market competition, and a lack of clear quality standards. This dishonest act costs the consumer dearly. Maqashid sharia views all Islamic laws as aimed at keeping the five main things in human life: religion (ad-din), soul (an-nafs), reason (al-'aql), descendants (an-nasl), and treasure (al-mal). This points out that the importance of increased surveillance, more stringent law enforcement, and education of consumers to be more aware of products circulating in the marketplace. Shopee as an e-commerce platform also has a crucial role in ensuring that the sellers on the platform comply with consumer protection regulations.]]>
<![CDATA[The Role of BINWIN (Marriage Counseling) by KUA of Wampu Subdistrict in Protecting Wives from Husbands Addicted to Narcotics in Maintaining Household Harmony (A Case Study in Ampera Hamlet, Wampu Subdistrict ]]>
<![CDATA[Avanti, Nabila Shakira]]>;
<![CDATA[Iqbal, Muhammad Nur]]>
<![CDATA[ LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field ]]>
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DOI: 10.35335/legal.v14i2.1301
<![CDATA[This study aims to explore the impact of drug use by husbands on household harmony and the role of marriage guidance ( Binwin ) in Wampu District, especially in handling cases of households affected by drug addiction. The method used is a phenomenological approach with qualitative descriptive analysis, through in-depth interviews with wives of drug addicted husbands and KUA officers. The results of the study indicate that drug use by husbands causes physical, psychological, and economic damage in the household, which is reflected in relationship tensions, domestic violence (KDRT), and heavy financial burdens on wives. Wives often feel depressed, and children experience fear and emotional trauma. On the other hand, the role of Binwin carried out by KUA in overcoming this problem has proven to be limited because the material taught is still too general and does not cover actual issues such as drugs, domestic violence, and mental health in marriage. This study suggests the need for the development of more specific Binwin materials and cross-agency cooperation to provide more comprehensive solutions for families affected by drugs.]]>
