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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 6 Documents
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Search results for , issue "Vol. 9 No. 1 (2019): Law Science and Field" : 6 Documents clear
The Function of the Power of Attorney Imposes Mortgage Rights in Terms of the provisions of Article 15 of Law Number 4 of 1996 Mira Novana Ardani
LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

The granting of credit guarantees should be done directly by the grantor of the mortgage, for something because it can not be present itself, it must appoint the other party as its proxy, with SKMHT in the form of an authentic deed. This research uses empirical / sociological juridical approach. To carry out the SKMHT function, actually any credit agreement is not always made SKMHT. There are legal consequences if after making SKMHT not followed by making APHT
Joint Venture Mujuranto Sihotang
LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

Investment becomes an arena for an entrepreneur who has capital and has an entrepreneurial spirit. With a passion for profit, investors do everything they can to obtain abundant profits. One way to develop the company is through collaboration with several parties or companies to run a joint business within a certain period, namely by building a new company or commonly called a Joint Venture. The purpose of this research is to find out a juridical study about the information on joint ventures, and to find examples of cases against illegal actions (PMH) in joint ventures and solutions. Arrangements regarding joint ventures themselves are specifically listed in Law No. 1 of 1967 concerning Foreign Investment (PMA). To find out juridical studies of joint ventures and resolve cases of legal battles against joint ventures with this type of research is a type of normative research. In a joint venture contract governed the distribution of national and foreign shares (capital). Foreign parties can have a maximum capital of 95% and a minimum of 5% domestic capital. From this cooperation will form a new legal entity, which is a combination of foreign legal entities and domestic legal entities. Legal protection against shareholders has been outlined in Law No. 1 of 1967 concerning foreign investment. However, this protection is less clear because it does not clearly provide legal protection for minority majority shareholders or shareholders who have a balanced ownership.
Police Efforts in Combating Trafficking in Persons with the Exploitation Mode of the Area and Disabled People to Become Beggars Febriana Citra
LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

Crime of trafficking in persons is carried out using various modes, one of which is to exploit the elderly and disabled people to become beggars. The police follow up on the crime to carry out criminal acts in accordance with the duties, functions and authority of the police as law enforcement officers. The problems of this study are: (1) What is the police's effort in dealing with the crime of trafficking in persons with the exploitation mode of the elderly and disabled people to become beggars? (2) What are the inhibiting factors in the police's efforts in dealing with the crime of trafficking in persons with the exploitation of the elderly and disabled people to become beggars? The problem approach in this study uses a normative and empirical juridical approach. The research data consisted of primary data and secondary data. Research resource persons included Lampung Regional Police Investigators, Bandar Lampung City Social Service Officers and Unila Law Faculty Criminal Law Lecturers. Data collection is done by literature study and field studies. Data is analyzed qualitatively. The results of the study and discussion show: (1) Police efforts in the handling of criminal acts of trafficking in persons with exploitation of the elderly and disabled people to be used as beggars by the Lampung Regional Police through pre-emptive, preventive and repressive efforts. Pre- emtive efforts are carried out with socialization activities in collaboration with the Social Service and relevant government institutions. Preventive efforts are carried out by patrolling and monitoring the activities of the elderly and people with disabilities. Repressive efforts are carried out by investigation and investigation. (2) The inhibiting factors of police efforts in dealing with criminal acts of trafficking in persons with the exploitation mode of the elderly and disabled people to become beggars are factors of law enforcers, namely quantitatively the number of investigators is still limited and the quality of human resources is still not optimal tactics and investigation technique. The community factor is that the community does not report if they are aware of the crime of trafficking in persons with exploitation mode of the elderly and disabled people to be used as beggars. Cultural factors, namely people assume that begging is not a crime or acrime.
Criminological Analysis of the Crimes of Fraud and Embezzlement with Perpetrators Using False Identities Through Social Media Arif Munandar
LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

Crime of fraud and embezzlement with perpetrators using fake identities in the police station Salatiga from 2016-2018 there were 413 cases. Based on this, the author makes a thesis entitled Criminological Analysis of Fraud and Darkness Crime with Actors Using False Identities through Social Media. The problem sinthi sstudyare: (1) What are the factors that cause fraud and embezzlement with perpetrators using fake identities through social media? (2) How are efforts to overcome fraud and embezzlement crimes against perpetrators using false identities through social media? This study uses a normative juridical approach and an empirical juridical approach. The results of the study and discussion show: the causes of fraud and embezzlement with the perpetrators of using false identities through social media include internal factors namely educational and trial factors and external factors namely economic factors, environmental factors, global development factors and law enforcement factors. Mitigation can be done with a pre-emptive effort, namely by providing employment. Preventive countermeasures or actions taken to prevent fraud and embezzlement by holding legal counseling, prevention, approaches, friends programs, social media and door to door systems. Repressive efforts are by imposing a punitive sentence against the perpetrators of fraud and embezzlement in accordance with Article 378 and Article 372 of the Criminal Code, namely a maximum of 4 years in prison. Suggestions in this study are: (1) The community is advised to increase alertness to anyone by not easily believing in all kinds of persuasion or forms of cooperation invitation or whatever. (2) The police are advised to be more active in educating the public.
Analysis of the Application of Criminal Sanctions against Companies Paying Labor Wages Below the Regency / City Minimum Wage Dirhamfathurusi Dirhamfathurusi
LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

Wages are the rights of workers or employees received and expressed in the form of money as compensation from employers or employers to workers who are determined and paid according to a work agreement, agreement or legislation, criminal sanctions against companies (entrepreneurs) who make wages workers below the minimum wage can be seen from the number of violations of workers 'rights, especially the practice of paying workers' wages below the provincial minimum wage standard, the existence of criminal sanctions did not reduce the criminal acts not repeated, for example in Lampung province. The problem in this thesis is how to enforce criminal sanctions against companies that pay labor wages below the Regency / City minimum wage and what factors hinder enforcement of criminal sanctions against companies that pay labor wages below the Regency / City minimum wage. The approach of the problem in this paper is a normative juridical and empirical juridical approach. The sources and types of data used are primary data and secondary data. Determination of sources is done by interviewing respondents. The method of data collection is done by literature study and field studies. Based on the results of the research and discussion on the results of the study, it was concluded that the company violated the Regency / City Minimum Wage provisions, so the worker could take a criminal effort, namely reporting to the labor inspectors at the Manpower Office. The inhibiting factor is the existence of lameness from the substance of Law No. 13 of 2003 concerning Manpower. The number of labor inspectors in Lampung Province is not comparable to the number of companies supervised. The community, especially workers / laborers, do not know about the existence of criminal facilities. Lack of public awareness of the importance of law enforcement in the field of employment. The suggestion in this study is that labor inspectors should increase socialization to companies regarding minimum wage provisions. Workers /laborers are expected to be able to report to labor inspectors if the rights as workers get wages below the minimum.
Legal Aspects of Merging Limited Liability Companies in Company Law by Merger Atika Sunarto; Muhammad Ali Adnan
LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

In general, the goal of a merger is to obtain synergy or added value. The added value in question is more long-term compared to the added value that is temporary. Therefore, there is no synergy of a merger that cannot be seen shortly after the merger occurs. But it takes quite a long time. The synergy that occurs as a result of a merger of business bias in the form of ups and downs of economic questions, and financial synergy in the form of capital increase. The advantage of merger is that the takeover through a merger is simpler and cheaper compared to the other takeovers while the merger's shortcomings are that there must be approval from the shareholders of each company, whereas to obtain the agreement requires a long time. The merger strategy is an alternative to expanding the business.

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