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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 16 Documents
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Search results for , issue "Vol. 14 No. 5 (2025): December: Law Science and Field" : 16 Documents clear
Legal Consequences of Fines for Street Vendors Through North Sumatra Provincial Regulation Number 35 of 2025 from the Perspective of Siyasah Qadhaiyyah (Case Study of North Labuhanbatu) Nasution, Imam Mashuri; Harahap, Mhd Yadi
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1476

Abstract

This study aims to analyze the legal consequences of imposing fines on street vendors (PKL) in North Labuhanbatu Regency who sell on the roadside, viewed from the perspective of siyasah qadhaiyyah. This issue is important to study considering that many street vendors still violate the provisions of North Sumatra Provincial Regulation Number 35 of 2025, thus causing disturbances to public order. To obtain answers to the above problems, this study uses an empirical legal research type with a case study approach and statutory regulations. The data were collected through field observations and in-depth interviews with informants / respondents. The results of the study indicate that the imposition of fines has not fully complied with the provisions of the Regional Regulation, both in terms of amount and imposition procedures. From the perspective of siyasah qadhaiyyah, these sanctions must be implemented by considering the principles of benefit, proportionality, and justice so as not to cause greater harm to traders
Comparison of Non-Execution Auctions on Fiduciary Guarantees in Indo-nesia and Malaysia Maskanah, Ummi; Situmorang, Jefri; Adenafio, Muhammad Reifal; Nurwanda, Ahmad Yusuf
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1478

Abstract

This study discusses the implementation of non-execution fiduciary auctions in Indonesia and Malaysia in the context of effectiveness, legal certainty, and protection of the parties. The approach used is normative-comparative jurisprudence, by analysing primary legal materials in the form of laws, court decisions, and legal documents in both countries, as well as secondary legal materials in the form of related scientific literature. The results of the study show that Indonesia, with its civil law system, considers fiduciary auctions to be public legal actions supervised by the state through administrative mechanisms and Constitutional Court Decision No. 18/PUU-XVII/2019. while Malaysia, with its common law system, implements contractual repossession and public auctions based on the Lease Purchase Act 1967 and the Draft Act on Security Rights over Movable Property. These differences reflect Indonesia's focus on substantive justice and debtor protection, while Malaysia excels in procedural efficiency and legal certainty for creditors. This study concludes that the ideal model for non-execution fiduciary auctions in Indonesia needs to integrate the efficiency of the Malaysian system with Indonesian legal protection through regulatory reform, digitisation of fiduciary registration, and strengthened supervision. This hybrid model is expected to create a balance between legal certainty, justice, and economic efficiency in national security law practice
The Role of Notaries in the Auction Process: A Comparative Analysis be-tween Indonesia and Malaysia Maskanah, Ummi; Putri, Adinda Amalia; Abiyyu, Rizki Daffa; Praidno, Zahra Ardhanie
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1479

Abstract

This study aims to analyse and compare the role of notaries in the auction process between Indonesia and Malaysia using a normative-comparative legal approach. The main issue of this study stems from the differences in institutional structure and legal basis governing the authority of notaries in the auction system in both countries. In Indonesia, the role of notaries is based on Law Number 2 of 2014 concerning the Position of Notaries, the Vendu Reglement (Staatsblad 1908:189), Minister of Finance Regulation No. 213/PMK.06/2020, and Minister of Finance Regulation No. 86/PMK.06/2024 concerning Auction Minutes. In Malaysia, auctions are conducted based on the National Land Code (Revised 2020) and Court Regulations 2012, which are carried out digitally through the e-Lelong system under the supervision of the High Court of Malaya. This study uses a normative-comparative legal approach (doctrinal and comparative legal research) with qualitative-descriptive analysis methods. The data used consists of secondary legal materials in the form of legislation, legal doctrine, and relevant academic literature. The analysis was conducted with reference to the theory of legal effectiveness (Fuller, 1969), the theory of legal certainty (Radbruch, 2006), and the theory of comparative legal functionalism (Zweigert & Kötz, 1998). The results of the study show that the Indonesian legal system is still centred on notaries, emphasising formal legitimacy and the authenticity of deeds, while Malaysia has implemented a judicial auction system model that integrates digitalisation and efficiency of legal processes through e-Lelong. The role of notaries in Indonesia is functional but limited, as the substantive authority to conduct auctions remains in the hands of auction officials, whereas in Malaysia, the function of notaries is almost non-existent as the entire process is under the control of the courts. Theoretically, this study reinforces the view that the effectiveness of the law is not determined solely by legal officials, but rather by the clarity of norms, institutional consistency, and the ability of the system to adapt to legal technology. In practical terms, this study recommends two things: (1) the need to harmonise regulations between the Notary Law and the Minister of Finance Regulation on Auctions to clarify the limits of legal officials' authority, and (2) the acceleration of national auction digitalisation, such as the e-Lelong system in Malaysia. Thus, Indonesia can realise a more efficient and transparent auction system that is in line with the principles of legal certainty, justice, and legal benefits.
Analysis of Joint Property Distribution Using The Concept Of Jurimetry: Perspectives From John Rawls And Jeremy Betham's Theories Of Justice Azizah, Alia; Fauzi , Mohammad Yasir; Indra, Gandhi Liyorba
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1483

Abstract

The division of joint property as regulated in Article 97 of the Compilation of Islamic Law (KHI) is set at half (1/2), unless otherwise specified in the marriage agreement. This approach is often used as a reference by judges because it provides legal certainty. However, this provision is often considered to not take into account the condition of wives who bear a double burden, namely taking care of domestic affairs while also playing a role in the public sphere. This study aims to examine the division of joint property using the concept of jurimetry in the perspective of the theory of justice proposed by John Rawls and Jeremy Bentham, in order to evaluate the extent to which substantive justice is reflected through the application of jurimetry in joint property cases. The method used is normative legal research with a legislative, conceptual, and case study approach. The findings of the study indicate that the use of jurimetrics in joint property cases must be combined with the principles of justice according to Rawls and Bentham, so that the division is not solely based on a formal legal approach but also considers aspects of social and moral justice
Legal Certainty of Follow-up Actions on Peace Agreements Resulting from Mediation at the Gorontalo City Consumer Dispute Resolution Agency Podungge, Abdul Madjid; Solihin, Dwi Indah Yuliani; Huwana, Robby
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1485

Abstract

The 2024 empirical investigation into the legal certainty of mediation agreements at the Gorontalo City Consumer Dispute Resolution Agency (BPSK) where 27 of 40 cases were successfully resolved underscores the agency’s vital role as an efficient, socio-economic safeguard for vulnerable consumers. However, this study reveals a critical structural vulnerability: unlike the robust enforcement provided for arbitration and court-annexed mediation, the lack of automatic judicial homologation renders BPSK’s Peace Deeds vulnerable, coupled with the recurring problem of business actor non-compliance. These factors position the agreement as a mere moral obligation rather than an enforceable executory title. To transform these outcomes into legally binding instruments, this study advocates for the immediate adoption of an integrated governance model centered on three priority policies: digital integration with the Court's SIPP to streamline ratification and reduce bureaucratic latency; standardization of SOPs and document formats to ensure technical compliance with Article 130 HIR; and mandatory mediator certification to guarantee the drafting of judicially executable agreements. Furthermore, acknowledging the single-jurisdiction scope, future research is necessitated to validate the model's scalability through longitudinal comparative studies across high-volume regions and sector-specific analyses (e.g., digital economy) to ensure efficacy against complex cross-border defaults
Responsibility of Bank Financial Institutions for The Loss of Customer Money Saved In Their Accounts Wattimena, Yohanes Yosua; Renjaan, Henrikus; Siswani, Carina Budi
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1486

Abstract

This study analyzes the legal responsibility of banking and financial institutions for the loss of customer funds stored in their accounts, a problem that has grown alongside the rapid expansion of digital banking and financial technology in Indonesia. Using a normative juridical method with statutory, conceptual, and case approaches, this research examines the legal foundations, scope of liability, and dispute-resolution mechanisms applicable when customer funds are lost due to system errors, internal negligence, or cybercrime. The findings reveal that banks’ obligations arise from multiple legal regimes: contractual liability under deposit agreements, non-contractual liability for unlawful acts, administrative obligations under the Banking Law and OJK regulations, and strict liability principles under consumer protection law. Although these norms require banks to safeguard customer assets, investigate losses, and provide compensation, practical implementation often remains weak, leaving customers in a disadvantaged position during dispute resolution. Mediation through OJK and internal complaint units provides alternative mechanisms, yet outcomes are not always binding or effective. Strengthening prudential principles, cybersecurity standards, and supervisory enforcement is essential to ensure substantive protection for customers and maintain public trust in the financial system
Payment of Marriage Assets from the Perspective of Customary Law of The Maybrat Tribe in West Papua Kareth, Yusak Jimmy; Wanma, George Frans; Luturmas, Agustinus
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1487

Abstract

This study examines the practice of marriage property payment (dowry) within the Maybrat customary law community in Papua, focusing on its forms, procedures, and socio-legal significance. The tradition centered on the highly valued Eastern Cloth (Bo) functions not only as a cultural symbol of honor and kinship integration but also as a mechanism for wealth redistribution and social legitimacy within the clan system. Using an empirical socio-legal approach, this research explores how dowry payment practices reflect collective obligations, cultural identity, and intergenerational continuity. Data were collected through legal document analysis, customary law sources, and relevant literature. The findings show that dowry payment rituals, including the proposal (Amu Nfot Bofot), negotiation, verification, and ceremonial handover, carry deep social and symbolic meaning, particularly regarding respect for women and family alliances. However, tensions arise when these customary practices intersect with Indonesian national law, especially concerning gender equality, marriage validity, and human rights protections. While the Constitution recognizes customary communities and their traditions, the increasing economic burden and potential commodification of women pose legal and ethical challenges. The study concludes that harmonizing customary norms with national legal principles requires inclusive dialogue and adaptive legal frameworks that respect cultural identity while safeguarding fundamental rights
Victimology Aspects from the Perspective of Legal Protection of Children As Victims of Criminal Acts of Intercourse Ayorbaba, Gracetin Yosepina; Hammar, Roberth K.R.; Silubun, Siria
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1488

Abstract

This article examines the application of victimology in the legal protection of children as victims of sexual intercourse crimes in Indonesia. Using a normative juridical method complemented by conceptual and case approaches, it analyses child protection laws, the Juvenile Criminal Justice System Law, the Criminal Code, and selected court decisions, particularly from Papua and Maluku. The study explores how victims are positioned within the criminal justice process, whether as mere objects of evidence or as rights-bearing subjects entitled to protection, recovery, and restitution. The findings show that, although the legal framework formally recognizes preventive and repressive protection, implementation remains fragmented: trauma-informed procedures, child-friendly examinations, psychological support, and restitution orders are often absent or inconsistent. As a result, child victims frequently experience revictimization and unresolved psychological and social harm. Drawing on modern victimology and restorative justice theory, the article argues for a victim-centred juvenile justice paradigm that integrates preventive safeguards, comprehensive rehabilitation, and effective coordination among law-enforcement, child-protection agencies, and support institutions. Strengthening these elements is essential to realizing a truly child-friendly justice system and fulfilling the state’s constitutional mandate to protect children from sexual violence
Legal Protection For Occupants Of Magersari Land Held For 90 Years Maulana, Farah Fauziah; Subekti, Rahayu; Isharyanto, Isharyanto
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1490

Abstract

This study examines the form of legal protection for the community that has occupied Magersari land for approximately 90 years against illegal transfer of rights. Long-term occupation of land has given rise to certain rights for the occupants, but these rights are often threatened by illegal actions that have the potential to harm them. The approach of this study used normative juridical, examining the provisions of laws and regulations, legal doctrines, and relevant court decisions. Based on Article 24 paragraph (2) of PP No. 24 of 1997 concerning Land Regristration, individuals who have physically controlled land for more than two decades in good faith and without dispute can apply for registration of land rights. This provision is very relevant to the condition of Magersari land, where the community has occupied the land for generations and is recognized by the surrounding community. Evidence of physical control, reinforced by a letter of reference from the local village office, can be used as an administrative basis for the legalization process. The results of the study confirm that legal recognition through land registration is an important step in ensuring legal certainty, protecting community rights, and preventing future agrarian disputes.
Authority of Traditional Leadership in Natural Resource Management in the Meyah Tribe of Manokwari Mandacan, Noris; Hammar, Roberth K.R.; Labobar, Filex M.
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1491

Abstract

This study examines the leadership structure and authority of the Meyah customary law community in managing natural resources in Manokwari Regency, West Papua. Using a qualitative approach using legal ethnography methods combined with an empirical juridical model, this study highlights how living customary law serves as the primary foundation for maintaining the ecological, spiritual, and social balance of the community. The findings indicate that tribal chiefs and customary councils play a central role in establishing customary rules related to the management of customary lands, customary forests, rivers, and sacred areas, based on the values ??of deliberation and respect for ancestors. However, this authority faces serious challenges, such as the dominance of state law based on formal documents, overlapping customary territories with investment permits, and weak recognition of customary institutions in public policy. This article concludes that strengthening customary authority requires structural and legal strategies, such as the issuance of Perdasus, participatory mapping of customary territories, community legal literacy, and strengthening the political representation of indigenous communities. It is crucial as part of protecting constitutional rights and preserving local wisdom-based natural resource governance

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