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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 921 Documents
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Equality of Education Quality in Indonesia through Education Reform Deding Ishak
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The era of globalization causes the need for changes in various fields, including education. One of the steps that can be used to improve the quality of education is through equal distribution of education. Therefore, this research will look at how the implementation of education in Indonesia through the zoning system and its comparison with countries that have implemented this before. The research will be carried out using a qualitative approach with data sources and previous studies. The results of this study indicate that there are many challenges for the Indonesian state to follow this system. But slowly, the Indonesian state can overcome this problem by providing the same facilities as the system abroad.
Hospital’s Legal Responsibility in Health Services during the Covid-19 Pandemic Elli Ruslina
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Hospital is a health service institution that provides complete individual health services (health services that include promotive, preventive, curative, and rehabilitative services) that provide inpatient, outpatient, and emergency services. Health law is all legal provisions that are directly related to the maintenance or service of health and its application. This means that health law is a written rule regarding the relationship between the health service provider and the community or community members. By itself this health law regulates the rights and obligations of each service provider and service recipient or the community, either as individuals (patients) or community groups. The purpose of the study was to determine the legal responsibilities related to patient rights; legal responsibilities related to obligations set by the government; and legal responsibilities related to the task of carrying out the legislation. The research method uses analytical descriptive with a normative juridical approach, which uses secondary data in the form of legislation and research results. The conclusion is that legal responsibility for patient rights is the same as in general responsibilities, legal liability is classified into civil and criminal liability, and the responsibility is based on statutory provisions.
The Reconstitution of Death Criminal Imposition against Persons of Criminal Actions on Narcotics Post-Decision of the Constitutional Court Number 2-3/PUU-V/2007 Muhamad Romdoni
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Many people consider the death sentence to be a violation of their human rights. For these and other reasons, petitioners Edith Yunita Sianturi, Rani Andriani (Melisa Aprilia), Myuran Sukumaran, Andrew Chan, and Scott Friedrich request that Anthony Rush file a judicial review petition against Articles 28A and 28I, paragraph (1) of the 1945 Constitution until the Constitutional Court Decision No. 2-3-PUU-IV/2007 is issued. This study employed normative juridical research, which is described as research that focuses on studying the rules or norms in the ius constitutum. The goal of this research is to rebuild the imposition of the death penalty following the Constitutional Court's judgment. For this inquiry, it was decided to take a state-level strategy. The fact that the state is willing to take stronger action, such as the imposition of capital punishment, against drug producers, dealers, and sellers because it has the potential to have a very negative impact on humanity demonstrates that the death penalty does not conflict with the 1945 Constitution of the Republic of Indonesia and the country's human rights principles.
Modern Modern Community Capital Social (Case Study on Increasing the Popularity of Millennial Youtubers in Makassar City) Andry Wijaya; Suparman Abdullah
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

YouTube has become an internet media that is in demand by various audiences around the world. Youtuber is a new job that is synonymous with Millennials in this 4.0 industrial era. This study aims to determine the use of social capital trust by youtubers in increasing popularity, as well as to determine the use of social capital linking youtubers in increasing popularity. This study uses a qualitative approach, with informants namely millennial youtubers who live in the city of Makassar. Data collection techniques through observation, interviews and documentation, with data analysis techniques using: data reduction, data presentation and drawing conclusions and verification. The results of the study show that trust social capital is widely used by youtubers to increase their popularity, in this case increasing the number of subscribers and viewers on their youtube channel. Many YouTubers use social capital linking or networks to increase the number of subscribers and viewers. The social capital of the network used is by utilizing the friendship and community of YouTubers in the process of designing content, taking videos, editing to uploading videos and socializing YouTube channels in order to minimize the cost of managing YouTube channels for YouTubers.
Juridical Review of Illegal Fishing Perpetrators: Analysis of Law Number 45 Year 2009 Yuspan Zalukhu
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Illegal fishing comes from the word illegal which means illegal or unofficial. The term illegal fishing is popularly used by law enforcement officers and related agencies for criminal acts in the fisheries sector. From this it can be seen that the term illegal fishing is also used in official events by state institutions. The breadth of Indonesia's seas and the many fisheries potentials owned by Indonesia make foreign ships steal marine wealth, especially fisheries in Indonesian territory, which is also called illegal fishing activities. Many types of illegal fishing carried out by foreign vessels in Indonesian waters do not have SIUP, do not have SIPI, do not have SIKPI, falsify permits, and use hazardous materials to catch fish. The purpose of this research is (1) to find out the types of illegal fishing activities carried out by foreign ships in Indonesian waters (2) to find out the obstacles and efforts made by the government in enforcing illegal fishing actions. The research method used in this research is descriptive analytical with a normative juridical approach. Data collection techniques are carried out through literature review to obtain secondary data and qualitative data analysis or analyze problems from the point of view according to the provisions of applicable laws or regulations. The results of the research stated that the government's efforts to enforce the law on illegal fishing with the issuance of Presidential Decree no. 115 of 2015 is the latest breakthrough by the Jokowi-Jusuf government. In this Presidential Decree, it is clear that the problem of illegal fishing is an acute problem. The sinking of fishing boats for illegal fishing has only received great attention in recent years, which is evidence that law enforcers are implementing tougher and stricter laws as well as being a means of threat to prevent potential fish thieves from committing crimes in the fisheries sector.
The Legal Power of Informed Consent as A Valid Evidence in Cases of Alleged Malpractice in Terms of Civil Law Siti Sundari; Saritua Silitonga; Annisa Danti Avrilia Ningrum
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Patients have rights that must be fulfilled when informed consent. Patient information rights are often ignored. There are at least two kinds of information, namely: first, the risks and complications that may occur, and the prognosis for the actions taken. Providing clear information at the time of informed consent will provide a sense of security and for the patient will understand the actions during the rehabilitation period. A medical action is an action that is full of risks. In legal norms any medical action that results in harm to a patient can be called medical malpractice if it fulfills certain elements in both civil and criminal law. Based on the above background, the problem is how the function of informed consent in evidence in court is related to efforts to find the truth and how is the strength of proving informed consent for judges against alleged malpractice in terms of civil law. For this purpose, research was carried out using a normative juridical approach, the research specifications used were descriptive analytical, the data used in this study were secondary data, namely data obtained through library research. The data technique used is literature. The analysis used is normative qualitative. Based on the results of the analysis of the patient's rights as Article 45 paragraph 1 of Law Number 29 of 2004 concerning Medical Practice says that the operation must obtain the patient's consent, If the patient's condition is an emergency, then the approval of the family. If it is not possible, the operation can be carried out by the hospital authority, Article 56 paragraph (1) of Law Number 36 of 2009 concerning Health states that everyone has the right to accept or reject part or all of the relief measures that will be given to him after receiving and understanding information regarding the action is complete. And based on Article 45 paragraph (3) of Law no. 29 of 2004 concerning Medical Practice explains that risks, complications and prognosis must only be given before surgery. So that normatively informed consent has a legal position as evidence of letters and instructions in cases of malpractice. However, this evidence must be supported by other evidence, such as expert testimony, but if it is related to the teaching of the law, the evidence must still be adjusted to the requirements of the evidence, namely: 1) Allowed by law, 2) Reability, 3) Necessity, and 4) Relevance. Thus, the value of the power of proving informed consent is not fully binding on the judge but depends on the conviction and accuracy of the judge.
Implementation of the Independent Law of Independent Campus Learning According to the Regulation of the Minister of Education and Culture No. 3 of 2020 concerning National Higher Education Standards Saritua Silitonga; Siti Sundari; Annisa Danti Avrilia Ningrum
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Independent Learning The independent campus is a policy of the Minister of Education and Culture which aims to encourage students to master various sciences to enter the world of work. The Independent Learning Campus Policy implemented by the Minister of Education and Culture of the Republic of Indonesia is an innovative step that should be appreciated in an effort to improve quality human resources.The Minister of Education and Culture issued a policy for public and private universities to run the Independent Learning Campus by granting the right to study for 3 semesters outside the study program. This research will raise the problem, namely: how to apply the law of Merdeka Learning Merdeka Campus according to the Minister of Education and Culture No. 3 of 2020 concerning National Higher Education Standards. The research method used in this research is the normative legal method, which is a legal research obtained from a literature study by analyzing a legal regulation that is applied by an institution. The results of this study are: the Independent Learning Policy of the Independent Campus, providing opportunities for students to broaden their knowledge horizons,
Legal Analysis of Unpaid Loss Insurance Claims Against Rental Cars Muhammad Dhobit Azhary Lubis; Sarah Furqoni
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

A loss insurance claim is a form of the insured's right to demand compensation for an insurance object that experiences an event, namely an uncertain event, it can be an accident, damages that have been stated in the policy, even fatally the insurance object is lost. Submitting an insurance claim for the insured must first complete the requirements for filing a loss insurance claim such as the necessary documents, facts that actually occurred at the scene of the case where all of these requirements can be seen in the policy.The purpose of this study is to find out how the form of a loss insurance policy for rental cars is, how to submit a loss insurance claim against rental cars, and how to analyze the law of unpaid loss insurance claims against rental cars. To achieve the research objectives, a juridical research was conducted, namely data analysis that revealed and retrieved the truth obtained from the literature by combining regulations, scientific books that had to do with the "title". Then it is analyzed qualitatively so that it gets a problem solving and a conclusion can be drawn. Based on the research results, It is understood that the loss insurance claim that is not paid for the rental car is due to the dishonesty of the insured against the insurer at the time of entering into the insurance agreement. The insurance agreement made between the insured and the insurer is a loss insurance agreement for a private car, the object of which must be used in accordance with its form as a private car that is not used as a rental car. The basic principle in this insurance agreement is the principle of honesty and goodwill between the insured and the insurer. As is the case with agreements in general, insurance agreements are subject to 4 (four) important principles for the validity of an agreement according to the Civil Code, namely the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. Due to the intentional element of the insured party to benefit from the insured car by means of rental, therefore, the insurance party cannot compensate for the insured object and the insured party has violated the principle of the agreement which resulted in the agreement being void.
Coffee Shop as Symbol Lifestyle of the Urban Community (Case Study on Customers of Coffee Shop in Makassar City) Wahyu Hidayat; Hasbi
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study discusses visiting and spending time in coffee shops as a symbol of the lifestyle of urban communities in Makassar City. This can be seen from the people who often visit coffee shops which consist of various groups based on their backgrounds and professions. This study aims to identify various activities of urban communities on coffee shop customers among marketing, students, and online motorcycle taxis so that they often spend their time in coffee shops. This research was conducted in three coffee shops in Makassar using a qualitative approach in the form of descriptive qualitative with a case study basis, by interviewing 9 informants who were referred to as customers based on the intensity of their visits and 3 coffee shop managers. Data were collected through observation, in-depth interviews, and recommendations. The results of this study indicate that various customer activities in taking their time to coffee shops in Makassar City which started as a place to rest and relieve drowsiness, now visiting coffee shops in Makassar City have become part of the lifestyle and fashion of various groups as a place of work and business. , as a literacy space, and as a means of entertainment.
FORCE MAJEURE DURING THE COVID-19 PANDEMIC (A STUDY OF CAUSALITY IN THE PERSPECTIVE OF ENGAGEMENT LAW) Vani Wirawan; Ariesta Wibisono Anditya; Andi Redani Suryanata; Anisah Karim
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Corona Virus Disease 2019 (COVID-19) has been declared by President Joko Widodo to be a National Disaster with Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster, where this is the reason for delays or cancellations. In a contract related to force majeure. This study aims to analyze whether the Covid-19 pandemic cannot be said to be a force majeure that can cancel an engagement. This research contains a diagnostic form with a sociolegal or socio-legal research approach. The result of the discussion is that the Covid-19 pandemic, which has been designated as a national disaster by the Government, does not necessarily become the basis for changing or even canceling an engagement because the event is casuistic, which requires a comprehensive study and approach as well as evidence regarding the impact of the Covid-19 pandemic. This results in the parties being hindered in carrying out or fulfilling their achievements. Then, the Covid-19 pandemic, which is said to be force majeure, can only be used as the basis for a relative force majeure reason because the situation or event is only temporary, meaning that the Covid-19 pandemic as force majeure can only delay the implementation of achievements without canceling the engagement.

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