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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 43 Documents
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Search results for , issue "Vol. 14 No. 3 (2025): August: Law Science and Field" : 43 Documents clear
Framing of Tempo's News Coverage on the Failure to Realise the Nawacita Programme in the Headline "Nawadosa Jokowi" Soediro, Rayhan Althaaf; Samodro, Dewanto
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1383

Abstract

This study aims to examine the framing employed by Tempo in its coverage of the 10th anniversary of Jokowi's administration, focusing on issues in the priority sectors of Nawacita. This study employs a descriptive qualitative research method with data collection techniques of observation and documentation, and data analysis using Robert Entman's framing model. Robert Entman and Erwing Goffman's framing theory is used in this study to strengthen the analysis results and understand the background of Tempo as a media outlet that can influence its framing in news coverage. The results of this study indicate Tempo's critical stance toward the implementation of the Nawacita program over the past 10 years, with Tempo aligning itself with the opposition. This alignment is demonstrated through news articles with negative news values while still adhering to journalistic ethics
The Mechanism of Land Rights Transfer in the Case of Name Discrepancies Between Administrative Documents and Land Ownership Certificates Ompusunggu, Novia Fransisca; Mudiparwanto, Wahyu Adi
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1385

Abstract

Land ownership represents a fundamental aspect of agrarian law in Indonesia, yet discrepancies between names listed in administrative documents and land certificates create significant legal uncertainties that can undermine property rights and generate disputes. This research aims to identify the mechanism for transferring land rights when such discrepancies occur and to assess the legal status of the land ownership in these cases. The study employed a normative legal method with a statute approach, analyzing primary legal materials including Law No. 5 of 1960 (UUPA), Government Regulation No. 24 of 1997, and related regulations, supported by secondary sources. The findings show that the settlement process involves coordination among government agencies, starting from problem identification at the sub-district level, clarification at the Population and Civil Registration Office (Dukcapil), and resolution at the National Land Agency (BPN). Name discrepancies caused by typographical or administrative errors do not affect the validity of ownership, whereas discrepancies due to unregistered transfers result in legal uncertainty and potential disputes. The study concludes that ensuring clarity in land certificates is crucial to achieving legal certainty, preventing disputes, and protecting certificate holders, highlighting the importance of mandatory registration of all transfers within 30 days.
Implementation of Constitutional Court Decision No. 57/PUU-IX/2011 Regarding Smoking-Prohibited Areas and Smoking Areas: A Siyasah Qadhaiyyah Perspective Siregar, Irmansyah Husin
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1387

Abstract

This study examines the implementation of Constitutional Court Decision No. 57/PUU-IX/2011, a landmark ruling that reinforces the right to a healthy environment by mandating the establishment of smoke-free areas and the provision of designated smoking rooms in public facilities. Focusing on its application at the Grand Mosque of Medan, the research adopts the perspective of siy?sah qadh?’iyyah within Islamic legal thought to assess the extent to which the decision achieves its intended goals. The findings reveal several implementation challenges, including inadequate infrastructure, weak supervision, and limited public awareness regarding the legal obligations related to smoking regulations. Through the lens of siy?sah qadh?’iyyah, the study offers both legal and ethical insights into the decision’s effectiveness, particularly in upholding substantive justice and enhancing public welfare. Moreover, the decision aligns with the objectives of maq??id al-shar?‘ah, particularly in the protection of life (?if? al-nafs), intellect (?if? al-‘aql), and the environment (?if? al-bi’ah). The research concludes that integrating contemporary legal mandates with Islamic values is crucial to building a legal framework that is not only just and enforceable but also sustainable and socially resonant.
The Bank's Act of Placing a Debt-Defaulter Sticker on the Aggrieved Party Rahmatika, Rizka; Cholil, Mochamad
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1392

Abstract

This research investigates the unilateral action of banks placing "default debtor" stickers on properties, even when the targeted party is not a debtor, causing both material and immaterial harm. The study aims to analyze the legal protection available to affected parties and determine the bank’s liability for such actions. A normative legal research method is used, employing statutory, case, and conceptual approaches. Data is analyzed prescriptively to develop legal arguments based on existing laws. The findings indicate that such actions when conducted without lawful basis or proper verification can constitute unlawful conduct under Article 1365 of the Indonesian Civil Code and violate banking secrecy and consumer protection principles. As institutions of trust, banks are held liable for damages caused by procedural negligence, including when carried out by third parties such as debt collectors. The study concludes that stricter legal mechanisms are necessary to prevent such harmful practices. These mechanisms should include internal safeguards through bank SOPs and external supervision by the Financial Services Authority (OJK). Strengthening these legal protections is essential to uphold justice and ensure that consumers of banking services are treated fairly and their rights respected within the financial sector
Analysis of the Issuance of Land Use Rights in the Name of the Medan City Government from a Fiqh Siyasah Perspective (Study of Decision Number 296/G/2019/PTUN.Medan) Parinduri, Muhammad Rafli; Permata, Cahaya
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1394

Abstract

This study aims to analyze the issuance of land use rights by the Medan City Government from the perspective of Fiqh Siyasah, focusing on Decision Number 296/G/2019/PTUN.Medan. The problem in this case began with the issuance of Certificate of Use Rights Number 01653/Kesawan Village dated March 14, 2018 with a measurement letter Number 00194/Kesawan/2018 covering an area of 1,752 m² in the name of the Medan City Government. The issuance of the certificate was then challenged to the Medan PTUN by the Plaintiff who is the heir of Dalip Singh Bath, who claims to be the legal owner of the land and buildings that are the object of the case. The Plaintiff feels legally and administratively disadvantaged by this action because the issuance of the right of use was carried out without involving or paying attention to existing inheritance rights. This research is a normative legal research with a statute, conceptual, and judicial case study approach. Data were collected through literature studies and analyzed qualitatively. The research results show that the issuance of land use rights by the Medan City Government has led to ownership conflicts with heirs. From a Fiqh Siyasah perspective, government actions should prioritize justice, public interest, deliberation, and the protection of property rights. This study emphasizes the importance of synchronizing positive law with sharia principles in land management by local governments
Implementation of North Sumatra Provincial Regulation No. 3 of 2014 concerning the Implementation of Child Protection Against Differences in Beliefs/Religions Adhered to by Children from the Perspective of Siyasah Dusturiyah Harahap, Syakirah Alda; Khalid, Khalid
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1395

Abstract

This study aims to analyze the implementation of Regional Regulation of North Sumatra Province No. 3 of 2014 on Child Protection, particularly in safeguarding children who experience violence due to religious differences or religious conversion, through the lens of Fiqh Siyasah Dusturiyah. This research employs a normative-empirical legal method, combining statutory, conceptual, and empirical approaches, with data obtained from legislative review and interviews with relevant local government institutions. The case study focuses on a 15-year-old girl named Dewi, who faced physical and psychological violence from her father in 2023 after converting from Christianity to Islam. The findings reveal that the regulation is implemented mostly in administrative terms and lacks substantive legal enforcement. From the perspective of Fiqh Siyasah Dusturiyah, the state should act as a guardian of justice and protector of maq??id al-shar?'ah. Therefore, this study recommends a policy reform grounded in constitutional justice and Islamic benefit values to ensure comprehensive protection of children's spiritual rights and physical safety
Public Awareness and Legal Compliance with the Implementation of Public Order Policies in Bagan Batu, Rokan Hilir: A Syariah Law Perspective Nasution, Putri Ramadayanti; Sari, Seva Maya
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1396

Abstract

This study examines the legal awareness and compliance of the public regarding public order policies in Bagan Batu, Rokan Hilir, based on Regional Regulation No. 3 of 2014, using a juridical-empirical legal approach and the perspective of siyasah syar'iyah. The findings indicate that public legal awareness remains pragmatic and has not been fully internalized into consistent legal behavior. Violations committed by street vendors are largely driven by economic hardship, institutional weaknesses, and the absence of viable relocation alternatives. The author critically argues that policies lacking justice and public benefit fail to gain social legitimacy. From the perspective of siyasah syar'iyah, legal obedience must be built on the principles of justice ('adl), public interest (maslahah), and participatory governance (sh?r?). Qur'an Surah An-Nisa (4):59 and Imam al-Mawardi's views assert that obedience to government is conditional upon the fairness and benefit of its policies. Therefore, strengthening legal awareness requires institutional reform, legal education, and the formulation of just and inclusive policies based on Islamic ethical governance
Analysis of the Uncertainty of Basic Wages in the Employment Agreement of PT X from the Perspective of Law No. 13 of 2003 on Manpower and DSN-MUI Fatwa No. 112/DSN-MUI/IX/2017 Sima, Dwi; Sahliah, Sahliah
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

An employment agreement is a legal instrument that underlies the bond between workers and employers, encompassing the rights and responsibilities of each party. One of the essential elements of the agreement is the basic wage, which serves as the foundation for calculating various wage components. Ambiguity in stipulating the basic wage often leads to negative effects, with serious implications for legal protection and legal certainty for workers. This research aims to examine the issue of ambiguity in determining the salary or basic wage in employment contracts at PT X, using the perspective of Law No. 13 of 2003 on Manpower and Fatwa No. 112/DSN-MUI/IX/2017. To complete this study, the author applies a normative juridical research method. The findings reveal that the absence of a detailed basic wage in the employment contract at PT X contradicts the provisions of Article 54 paragraph (1) letter e of Law No. 13 of 2003 on Manpower, as well as the principle of clarity of ujrah (wages) in an ijarah contract. Therefore, it is necessary to revise PT X’s employment contracts by specifying the basic wage components in detail and explicitly, as a form of legal certainty and legal protection for employees, in accordance with applicable legal regulations and sharia values
Analysis of Constitutional Court Decision No. 150/Puu-Xxii/2024 Concerning Civil Servant (PNS) Lecturers Being Advocates from the Perspective of Fiqh Siyasah Ulong, Raja; Iwan, Iwan
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1401

Abstract

The Constitutional Court Decision No. 150/PUU-XXII/2024 allows civil servant lecturers to engage in the legal profession as advocates, strictly within the framework of community service. This study aims to examine the normative structure of both the legal profession and the civil service, analyze the content of the Constitutional Court's decision, and assess its implications from the perspective of fiqh siyasah (Islamic constitutional political jurisprudence). This research employs a normative legal method using statute, case, and conceptual approaches, supported by classical and contemporary Islamic political theory. The findings reveal normative disharmony between the Court's decision and the Law on Advocates, the Civil Service Law, and the Law on Civil Servant Discipline. Although the ruling offers individual benefit (maslahah), from the perspective of fiqh siyasah, combining the roles of lecturer and advocate contradicts the principle of separation of power (ta'addud al-mas'uliyyah) and may trigger structural disruption within public institutions. Therefore, the policy should be accepted only under strict regulatory control and institutional ethical oversight to safeguard justice, neutrality, and governance stability
Legal Protection Against Unilateral Cancellation for Tenants of Shophouses Built on Cultivated Land Based on DSN-MUI Fatwa No. 112/DSN-MUI/XI/2017 Husni, Zahra Chairawani; Tarigan, Tetty Marlina
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1407

Abstract

The issue of legal protection for shophouse tenants who experience unilateral cancellation due to unclear land status, particularly when the shophouse is built on cultivated land, remains a significant challenge in Indonesia's business sector. This study employs a normative legal method by analyzing laws and regulations, fatwas, and relevant literature, with a focus on the application of DSN-MUI Fatwa No. 112/DSN-MUI/XI/2017 concerning the ijarah contract. The findings indicate that tenants are highly vulnerable to financial losses and business disruptions when shophouse owners unilaterally terminate leases, especially when land ownership status is uncertain. The fatwa provides a sharia-based explanation emphasizing the importance of ownership clarity, mutual agreement, and fair compensation in lease contracts. The implementation of DSN-MUI Fatwa no. 112/DSN-MUI/XI/2017 is considered a potential solution to address unilateral cancellations, offering legal certainty and protection for all parties, as well as serving as a basis for recommendations to policymakers and business actors in creating fair and sharia-compliant lease agreements.

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