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.
Articles
893 Documents
<![CDATA[Traditional Law of The Nusantara; Reflection of The Indigenous Justice System in Indonesia ]]>
<![CDATA[Sukendar Sukendar]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The development of the order of life in Indonesia, has always experienced very significant changes and developments, these developments have begun to occur when this country was not yet independent, one aspect that would like to be further improved in order to form a national judicial law is the customary justice system. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the customary justice system is a system formed from various Indonesian values and culture, customary law by law is not yet included in a written law but its existence is still maintained Until now, customary law is reflected as a characteristic of the nation because it is able to explore various values contained in society, such as the values of togetherness, mutual cooperation, having a high national spirit, and upholding the sense of unity and integrity of the Republic of Indonesia. k Indonesia, besides that, there are many who think that customary law is the original personality and nature of the Indonesian nation that cannot be left behind and must be enforced for the sake of various interests of the ideals of the Indonesian nation and state.]]>
<![CDATA[Civil Law Aspects; What is The Responsibility of The Board or Directors in The Case of Bankruptcy ]]>
<![CDATA[Julius Caesar T Simorangkir]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The existence of a business entity in improving various economies of human life, as well as the state is indeed the most important aspect that must be developed to date, so the establishment of a limited liability company to provide more benefits in the world of national and international companies becomes a necessity that cannot be ignored. argue again for the continuation of human progress. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that a Limited Liability Company or what we often know as a PT, is a development of a business entity formed on the basis of providing initial capital consisting of several people in terms of technical implementation, the nature of the PT itself is already a legal entity and is formed with various advantages and conveniences for investors in investing their investment capital in a very broad scope, officially the Indonesian government issued a notice regarding the company contained in the Limited Liability Company Law which has been undergoing various reforms, as one of the government's efforts to improve the country's trade system so that it is of higher quality and able to provide various benefits and revenues for the Indonesian state.]]>
<![CDATA[Implementation of Anti-Corruption Meaning in Development of Campus Bureaucracy STIHP Pelopor Bangsa ]]>
<![CDATA[Supriyadi Supriyadi]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[As one of the crimes that has greatly affected human life, acts of corruption should actually be immediately abolished from various government agencies and institutions in Indonesia. corruption in the country. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that anti-corruption education is indeed an alternative that is being implemented by the government in various educational environments in Indonesia, as we know that the educational environment is one of the places that This is the most strategic strategy in an effort to convey various materials about the dangers of corruption for the next generation of the nation, for that there is a need for proper and comprehensive integration in efforts to instill anti-corruption education within the university environment, besides that universities are also known as one of the educational institutions that often print the young generation who are superior, creative and innovative, by having various briefings and knowledge about the dangers of corruption for the progress of the nation and state, it is hoped that the university environment can become the main fortress in eradicating corruption in the country.]]>
<![CDATA[Criminal Justice System Based on The Concept Ofrestorative Justice ]]>
<![CDATA[Try Sarmedi Saragih]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field ]]>
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<![CDATA[In a country, of course, there are several concepts of legal justice that are adopted and applied to solve a crime and criminalization that occurs in the wider community, as well as in the settlement process which always uses several different concepts, there are those who solve it through a system. state law and there are those who resolve it with a judicial process on the basis of mutual deliberation. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the legal system of restorative justice is a judicial concept in which the settlement process focuses on the peace and kinship system, this concept is certainly very different from the concept of justice adopted by the nation. In Indonesia, where the concept of criminal and civil law is a judicial process that is still adhered to by our current government, implementing a restorative justice justice system in Indonesia will clearly create a new dynamic from a legal perspective as well as from a public perspective, because the principles of justice are both has a very basic difference with the different settlement processes.]]>
<![CDATA[Positive Legal Review and Social Construction of Transwomen/Transvestites Case Analysis in Medan ]]>
<![CDATA[Henry Kristian Siburian]]>;
<![CDATA[Sumiaty Adelina Hutabarat]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The existence of transvestites in Indonesia has become a subject of debate in postif law until now due to the pros and cons. If his group supports allowing transgender people on the basis of human rights they can do what they want. While that defies the idea that transgender people are against nature and even transgender is a non-human right. So they are steamed and treated discriminatoryly. This study aims to obtain a picture of rejection experienced by transvestites not only from the normal and religious society but the first rejection from parents and families because of normal behavior. This study uses qualitative methods. The results of the analysis showed that the dominant society did not know what and how transvestite was, and further saw that their values tended to stay away from transvestites unless they were concerned with their existence.]]>
<![CDATA[Termination of Criminal Investigations by The Prosecutor Under Criminal Law ]]>
<![CDATA[Nurkholim Nurkholim]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[One of the functions of a sovereign state of law is to be able to properly administer each judicial process and realize it in a very broad scope of society. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that each country has its own way of completing each judicial decision as well as Indonesia as a country that is very obedient and obedient to applicable laws, the Indonesian people highly respect every judicial process that is carried out. issued through the prosecutor's decision, while the mechanism for terminating the decision of the prosecution of cases carried out by the attorney general is a special authority regulated through a law and has certain reasons for each decision making, as for several reasons that serve as a reference for prosecutors in implementing The judicial process includes cases that do not have strong enough evidence to be involved in a trial process, then the case has passed the time limit determined by the trial and lastly The case is closed for a legal interest, the purposes of the interests contained in the Act have a broad meaning and one of them concerns the interests of the state and society at large.]]>
<![CDATA[Nyentana Marriage Divorce Reviewed From Balinese Customary Law And Its Consequences For Children ]]>
<![CDATA[Ni Wayan Sridiani Diani]]>;
<![CDATA[Dwi Ratna Kamala Sari Lukman]]>;
<![CDATA[Ni Nyoman Ertnita Ratnadewi]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Marital divorce is a divorce in which the husband returns home. Divorce certainly has an impact on the family, especially the child, especially the status and rights of the child considering the status of the child's inheritance due to divorce of the marriage nyentana different from ordinary marriage. The method of approach is legislation and conceptual approach. The type of research is normative. The data types are primary data (marriage law) and secondary data (research results). Data collection techniques with literature studies. Qualitative methods of analysis. The result of his research that against divorce nyentana marriage reviewed from the customary law of Bali that men will return to their home with the status of mulih teruna. The custody status of the child is in the mother with the consideration that if he in certain matters does not carry out his duties as a mother then custody can be transferred to his father. In terms of inheritance the child will follow his mother's lineage]]>
<![CDATA[Ratio Legis Of The Policy On The Formulation Of Electronic Evidence In Special Crime ]]>
<![CDATA[Madinah Mokobombang]]>;
<![CDATA[Achmad Ruslan]]>;
<![CDATA[Syamsuddin Muchtar]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[This study aims to identify and analyze the existence of electronic evidence in Law No. 20 of 2001 concerning corruption and Law No. 8 of 2010 concerning the eradication of money laundering in terms of the ratio of legislators to the legislature. This research uses normative research methods, which focus on written studies, namely legislation, legal theory, legal principles, library documents, and can be in the form of scientific works of legal scholars (doctrine). These legal materials were analyzed using a statutory approach in order to obtain a systematic picture which was then studied further normatively using qualitative analysis techniques with data analysis methods linked to theories from literature studies so as to obtain answers to problems. The results of the study indicate that: In terms of the ratio of legislators to the legislature, the legislators (DPR) did not discuss the existence of the position of electronic evidence as an extension of the evidence of guidance in the corruption law and electronic evidence as evidence that stand alone in the money laundering law. the legislators only explained two reasons for recognizing electronic evidence, namely as a form of anticipation of the development of information technology and as an intensive effort to uncover criminal acts. For the same reason, without any specific reason underlying the difference in the existence of the electronic evidence, it shows that the form of recognition of the electronic evidence is an open policy for legislators, so that the existence of the position of electronic evidence can be changed based on strategic considerations in accelerating criminal disclosure process.]]>
<![CDATA[Legal Analysis of the Regency/City Election of The Watchdog Authority in Handling the Violations of the Code of Ethics for the Sub District General Election Committee of Ad Hoc ]]>
<![CDATA[Ilmanbahri Widyananda Mansyur]]>;
<![CDATA[Andi Pangerang Moenta]]>;
<![CDATA[Muh. Hasrul]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[This research aims to analyze the authority had by the general election supervisory agency of regency/city in handling violations of the code of ethics for the sub-district general election supervisory committee and outlines the ideal concepts of handling violations of the code of ethics for the sub-district general election supervisory committee. This research used normative legal research method which examined and resolved legal issues done by analyzing the legal materials was primary legal materials and secondary legal materials. Those legal materials were then analyzed using a statutory, historical, comparative and conceptual approach in order to resolved the legal issues examined and drew conclusions on researched legal issues.This research’ results show that: 1. The implementation of the authority of the regency/city election of the general election supervisory agency in the process of handling violations of the election supervisory committee of Ad Hoc has been carried out in the 2019 election, However, it was just that the implementation has not been considered effective inasmuch as there have been still several factors that hindered its implementation, such as the legal factor itself, the lack of harmony in regulations related to the implementation of handling authority. Then, the institutional factor, institutionally the general election supervisory agency of the regency/city that has hierarchical relationship with the election supervisory committee of Ad Hoc, and the third factor related to the high number of the violators of the code of ethics of the election supervisory committee of Ad Hoc in all over Indonesia, 113 cases of which 102 were proven and 11 were not proven; 2. In the process of handling the violations of the code of ethics, the sub-district general election supervisory committee should have been formed of election organizer ethics council on an Ad Hoc basis to examine Ad Hoc election organizers with 1 person of the general election commission, 1 person for the element of election supervisory agency and 1 person from community that the aspects of the audit authority were examined openly and presented both sides based on the principle of audi et alterm partem.]]>
<![CDATA[Law and Technology: Legal Technology Model under the Authority of the Indonesian Notary Position in the Industrial Revolution Era 4.0 ]]>
<![CDATA[Unggul Basoeky]]>;
<![CDATA[Fx Joko Priyono]]>;
<![CDATA[Siti Malikhatun Badriyah]]>;
<![CDATA[S Sukirno]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The era of the Industrial Revolution 4.0 has changed the old paradigm and standard values quickly. Likewise, the legal aspect cannot be separated from the demand to transform every concept, value and paradigm. On the public law side, each country is required to reform its legal rules to be adaptive and compatible with the development of the 4.0 era, while on the private law side it has an impact on trade transaction practices that have created new platforms, namely e-commerce and e-contracts. The position of a notary as a part of the legal system cannot avoid the disruption of the development of the industrial revolution. The preservation of the old paradigm of the position of a notary that requires it to be done traditionally should be reconstructed immediately so that the practice of office can develop and meet the demands of the times. This study uses a normative juridical research method through a conceptual approach, a statutory approach and a legal history approach which is elaborated with the concept of disruption technology and the theory of the economic analysis of law. Conclusion This journal describes that the fundamental obstacle to notary practice based on the Legality Principle which relies on Procedure, Authority & Substance should have been able to be transformed electronically based on the legal technology paradigm. With references from various organizational benchmarks and conventions mentioned above, they can be the philosophical, sociological and normative foundations in formulating notarial laws that are compatible, adaptive and adequate to the realities of the industrial revolution era 4.0. Recommendations for the need for legal reform, namely changes to legislation concerning the position of a notary through the establishment of an e-notary PP that integrates in a rigid manner the procedure, substance and authority in applying the authority of a notary in certifying electronic transactions.]]>
