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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
Analysis of Islamic Bank Marger Policy in the Profitability Level of Indone-sian Islamic Bank, Kutacane Branch Office Hafizah, Raisya; Anggraini, Tuti; Inayah, Nurul
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.v14i2.1302

Abstract

This study aims to analyze the influence of merger policy on bank profitability levels with a case study at Bank Syariah Indonesia (BSI) Kutacane Branch Office. Since the merger of several national Islamic banks into one entity, namely BSI, there have been various changes in both operational and financial performance. One important indicator that is the focus of attention is profitability, which is measured by Return on Assets (ROA), Return on Equity (ROE), and profit margin. This study uses a quantitative approach with descriptive and comparative analysis methods. Data were taken from the financial statements of BSI KC Kutacane before and after the merger, and analyzed using a comparative method. The results of the study indicate that there are significant changes in the level of profitability post-merger. Factors such as operational efficiency, increasing the number of customers, and synergy between business units contribute to increased profitability. However, challenges in adjusting management and system integration also have a temporary impact on several financial indicators. The conclusion of this study shows that the merger policy has a positive impact on long-term profitability, although it requires adjustment and good management in the early stages after the merger. The recommendation given is to increase the focus on optimizing services and managing risks to maintain a positive trend in profitability in the futur
The Principle of Good Faith in Oral Pawn Agreements with Motor Vehicle Credit Collateral Makruf Antoni, Amal Astana; Iskandar, Hardian
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.v14i2.1303

Abstract

In general, when someone borrows from a bank or other financial institution, an agreement will usually be drawn up by both parties. However, most of these agreements are only made verbally without using a written agreement. This analysis aims to study the validity of credit agreements made through words or speech using property collateral in the form of motor vehicles, as well as the implementation of the principle of good faith in undocumented or unwritten credit agreements involving motor vehicle collateral. This analysis uses a normative-based legal approach and utilizes primary and secondary data sources obtained through literature studies, scientific articles, books, and provisions of legal articles related to the research topic. Information was collected using the minutes and documentation method and reviewed in depth. Observations show that the credit agreement through oral communication between Party 1 and Party 2 has fulfilled all the requirements under Article 1320 of the Civil Code. An agreement was made to borrow a certain amount of money with a motor vehicle as collateral. Party 1, in good faith, fulfilled all agreed provisions, including repayment of 30% of the loan with 8% monthly interest within three months
The Role of Social Media in Realizing Good Governance Rifan T, Vicko Wahyu; Meilana Rifqi, Achmad Daffa; Al-Fatih, Sholahuddin
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.v14i2.1306

Abstract

This study aims to analyze the role of social media in influencing transparency and performance of state institutions as an effort to realize the principle of good governance. Using a qualitative approach with legal research methods, this study explores the dynamics of public communication on digital platforms and its implications for the accountability of state institutions. The results of the analysis show that social media accelerates the flow of information, increases public participation, but the increasingly rapid development of social media is a challenge in realizing good governance. However, the challenges in the form of the spread of disinformation and polarization of public opinion are also consequences that must be anticipated. These findings strengthen the argument that social media has strategic potential in strengthening good governance in Indonesia, provided it is supported by adaptive regulations and massive collaboration
Implications Of Land Ownership By Foreigners On The Investigation Process Of Criminal Acts By Foreigners Afrihadi, Faisal; Harun, Rina Rohayu; Jiwantara, Firzhal Arzhi; Ufran, Ufran
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.v14i2.1307

Abstract

This study aims to analyze the practice of nominee agreements in land ownership by foreigners in Indonesia as a form of legal smuggling in a positive legal perspective. In the regulation of land law in Indonesia, based on the UUPA, land ownership with ownership rights is only by Indonesian citizens. The practice that occurs, foreigners through a name loan agreement to be able to control and own land in Indonesia with property rights. The normative legal research method with a statutory approach and a conceptual approach uses primary legal materials and secondary legal materials. Through literature studies (literature studies). The legal materials obtained were analyzed in a qualitative descriptive manner. The results of the study show that the nominee agreement is an agreement made between a person who according to the law cannot be the subject of a certain land right (property rights), in this case a foreigner with an Indonesian citizen, with the intention that the foreigner can control (own) the land owned de facto, but legally-formally (dejure) the land is owned on behalf of Indonesian citizens. The name loan agreement is clearly a form of legal smuggling to avoid regulations that stipulate that foreigners are not qualified as subjects of land title holders in Indonesia in accordance with the provisions in Article 9 paragraph (1) jo. Article 21 paragraph (1) of the UUPA clearly states that only Indonesian citizens can have a full relationship with earth, water and space, and clearly stipulates that only Indonesian citizens can have property rights
Employment or Exploitation? A Legal Comparative Study of Domestic Worker Protection in Singapore and Indonesia Antony, Antony; Osmond, Agung Pratama; Ali Sabisi, Muhammad; Azlyn, Nurul; Rahmadani, Aini; Shahrullah, Rina Shahriyani
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.v14i2.1313

Abstract

This study aims to analyze the comparative legal protection systems for Domestic Workers (DWs) in Indonesia and Singapore, while highlighting the urgency of ratifying ILO Convention No. 189 as an international instrument to ensure decent work in the domestic sector. The research employs an empirical legal method, utilizing statutory, conceptual, and empirical approaches. The statutory approach involves reviewing national and international regulations related to labor and domestic worker protection. The data consist of primary data from observations and interviews, as well as secondary data from primary legal sources such as the 1945 Constitution of the Republic of Indonesia, Law No. 13 of 2003, the Draft Bill on Domestic Workers, the Employment of Foreign Manpower Act (EFMA), the Employment Act, and international instruments such as ILO Convention No. 189. The data are analyzed using descriptive-qualitative methods with deductive reasoning to identify normative and empirical gaps in the protection of domestic workers. The findings reveal that both Indonesia and Singapore have yet to provide comprehensive legal protection for domestic workers, particularly regarding formal employment status, basic rights, and access to justice. The ratification of ILO Convention No. 189 is considered crucial for both countries to improve national legal frameworks, raise protection standards, and enhance their diplomatic position and international reputation in upholding human rights and social justice.
Legal Protection for Personal Guarantee Agreements In Bankruptcy Cases (Analysis Of Commercial Court Decision Number 6/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst.) Asomarito Pakpahan, Devi Maulani; Harahap, Mhd. Yadi
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.v14i2.1316

Abstract

Personal guarantee merupakan jaminan perorangan yang diatur dalam Pasal 1820-1850 KUHPerdata, di mana penjamin bertanggung jawab melunasi utang debitur jika debitur gagal memenuhi kewajibannya. Terdapat ketidakjelasan regulasi terkait kedudukan personal guarantee dalam kepailitan, khususnya mengenai hak istimewa yang tercantum dPersonal guarantee is individual guarantee regulated in Articles 1820-1850 of Civil Code, where guarantors are responsible for paying debtor’s debt if debtors fail fulfilling obligations. There is unclear regulation regarding personal guarantee position in bankruptcy, especially regarding privileges in Article 1831 of Civil Code. This ambiguity creates legal uncertainty for guarantors due to interpretation differences in practice (Subhan, Sukamto Satoto, 2022). This study aims to analyze legal protection forms for personal guarantees declared bankrupt through Central Jakarta Commercial Court decision. The research uses normative juridical method with statutory approach and case study analysis, examining Central Jakarta Commercial Court Decision Number 6/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst. as primary case. Data collection involves primary and secondary legal materials analysis. Results show that personal guarantees can be declared bankrupt simultaneously with main debtors, particularly when agreements contain privilege release provisions. Legal protection provided includes application of fair and proportional bankruptcy principles and recognition of guarantor rights in bankruptcy proceedings. The study concludes that current legal framework provides basic protection but requires more explicit regulations. Therefore, clearer regulatory framework is needed to ensure legal certainty and adequately protect personal guarantee rights in Indonesian bankruptcy system while maintaining balanced creditor-debtor relationshipsalam Pasal 1831 KUHPerdata. Ketidakjelasan tersebut berkaitan dengan ambiguitas penerapan hak istimewa penjamin yang memungkinkan menuntut eksekusi harta debitur terlebih dahulu sebelum harta penjamin dapat ditagih, namun tidak ada pengaturan eksplisit apakah personal guarantee dapat langsung dipailitkan, terutama ketika melepaskan hak istimewanya. Akibatnya, dalam praktik sering terjadi perbedaan penafsiran mengenai kapan dan bagaimana personal guarantee bertanggung jawab dalam kepailitan, sehingga menimbulkan ketidakpastian hukum bagi penjamin. Salah satu perkara yang menarik untuk dianalisis adalah Putusan Pengadilan Niaga Jakarta Pusat Nomor 6/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst yang membahas kepailitan seorang personal guarantee. Penelitian ini bertujuan untuk menjawab pertanyaan: “Bagaimana bentuk perlindungan hukum terhadap personal guarantee yang dinyatakan pailit melalui putusan Pengadilan Niaga Jakarta Pusat?” Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan dan studi kasus, menggunakan data primer dan sekunder. Hasil penelitian menunjukkan bahwa berdasarkan Putusan Nomor 6/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst, personal guarantee dapat dinyatakan pailit bersamaan dengan debitur utama, terutama jika perjanjian tersebut memuat tentang ketentuan pelepasan hak istimewa. Perlindungan hukum yang diberikan meliputi penerapan prinsip kepailitan yang adil dan proporsional, serta pengakuan terhadap hak-hak penjamin dalam proses kepailitan. Penelitian ini merekomendasikan perlunya pengaturan yang lebih eksplisit untuk mewujudkan kepastian hukum dan melindungi hak-hak personal guarantee dalam sistem kepailitan Indonesia.  
Legal Philosophy Values in the Law Formation in Indonesia Agustina, Ria; Anas, Kamal; Jalaluddin, Jalaluddin; Fikri, Ahmad Ma’mun
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.v14i2.1318

Abstract

The most significant influence on the development of Indonesian law is legal philosophy. The term "Pancasila" refers to the entirety of regulations and laws, beginning with our constitution. All regulations that are not based on our constitution must establish Pancasila as the basis and foundation of the law. Indonesia's legal framework is known as Pancasila. Consequently, Pancasila is recognized as both a philosophy and a written law in Indonesia that encompasses living law. The issue is the extent to which legal philosophy influences the development of the legal system in Indonesia. Certainly, it is crucial to address this issue. The legal method was implemented by the authors to evaluate this issue with normative law. The authors' methodology was derived from numerous books that address comparable issues. The results of this research show that Legal philosophy is a critical component of Indonesian law, serving as both a guide for its development and a necessity. Legal philosophy contributes to the elucidation of the philosophical foundation of legal values, capable of achieving the ideals of justice and order in society in accordance with the reality of the applicable law
Efforts To Prevent And Eradicate Money Laundering By The North Sumatra Financial Services Authority (Ojk) Siregar, Reza Ananda; Lubis, Risyad Fakar
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.v14i2.1319

Abstract

This study aims to analyze efforts to prevent and eradicate money laundering crimes (TPPU) carried out by the North Sumatra Financial Services Authority (OJK) and compare the authority and effectiveness of the OJK in preventing and eradicating anti-money laundering with the Financial Transaction Reporting and Analysis Center (PPATK). The research method used is qualitative with a case study approach and data collection through interviews, documentation, and analysis of related regulations. The results of the study show that the North Sumatra OJK has implemented various strategic steps in preventing and eradicating anti-money laundering through strict supervision of financial services institutions and the implementation of anti-money laundering policies. However, the authority of the OJK is still limited compared to PPATK which has broader authority in reporting and analyzing suspicious financial transactions. However, the collaboration between OJK and PPATK plays a very important role in increasing the effectiveness of preventing and eradicating trafficking in the North Sumatra region. This study provides recommendations for strengthening coordination and increasing the capacity of the OJK to strengthen the supervisory function and law enforcement against money laundering crimes.
The Application of Artificial Intelligence (AI) in Health Services within the Context of Positive Legality in Indonesia Westiartika, Dhira Taramadia; Agustina, Ria; Anas, Kamal; Abdulhamid, Muhammad; Lidiawati, Meri; Prayuti, Yuyut
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.v14i2.1320

Abstract

The quality and efficiency of healthcare services have changed significantly due to advances in digital technology and artificial intelligence (AI) in the medical field. However, these advances also present various legal, ethical, and social obstacles that require serious consideration. This study investigates the application of AI in the medical field from a progressive and responsive legal perspective. Using normative juridical methods and qualitatively analyzed secondary data. This study aims to establish adaptive regulations that can adapt to the changing nature of technology while protecting the integrity of medical services and patient rights. This study also shows the importance of integrating human and spiritual values ??into the application of medical technology to ensure that healthcare services are holistic and focused on patient welfare. The study findings suggest that the establishment of a safe, equitable, and sustainable digital health ecosystem depends on the collaboration of policymakers, medical personnel, technology experts, and the public. Therefore, to optimize the advantages of technology and reduce risks in the future healthcare sector, it is important to establish responsive and inclusive regulations based on lex specialist.
Song Copyright Law Reform in Indonesia Westiartika, Dhira Taramadia; Abdulhamid, Muhammad; Nobel, Raden Muhammad; Fikri, Ahmad Ma’mun
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.v14i2.1321

Abstract

 Copyright on songs is one component of intellectual property rights that is philosophically based on the theory of naturalism and the theory of interests. However, in the Indonesian context, it also needs to be understood through the Marhaenism approach which emphasizes social justice. The National Collective Management Institution which was established based on Government Regulation Number 56 of 2021 and Law Number 28 of 2014 is tasked with managing copyright licenses. However, its existence raises various problems, including the potential for monopoly, lack of transparency, and limited access for independent music creators. The purpose of this study is to determine how copyright regulations are implemented in Indonesia. Using normative legal methods and secondary data, this study proposes a hybrid licensing model that will reform the copyright licensing system in Indonesia by implementing a progressive and responsive legal approach. This model will allow creators to choose between collective licenses and individual licenses based on digital technology. This reform is expected to realize distributive justice, more adaptive legal protection, and respect for the moral and economic rights of creators in a balanced manner

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