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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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Design of the Death Penalty as a Legal Instrument for Combating Corruption Crimes Abdul Wahid
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

There are two opinions, especially the death penalty, causing controversy over the regulation of the death penalty as a legal instrument to combat corruption. There are those who agree with the imposition of the death penalty and some people in fact question the basis for the justification of the sentence which does not provide opportunities for criminals to improve to become good human beings. In fact, the death penalty for cases of corruption has never been imposed, so the threat of capital punishment cannot be used as an ultimum remedium against perpetrators of corruption. The form of crime and the punishment system in corruption crimes deviates from the general criminal system, namely regarding the form and system of imposing the punishment, regarding the severity of the main crime to be imposed, the maximum limit for each crime has been determined, while the specific minimum limit is not determined, but the general minimum limit. , for example imprisonment and imprisonment for a minimum of one day. In the criminal law of corruption, two main types of criminal sanctions are imposed simultaneously, which are imperative, between imprisonment and fines. - additional types of crime. Imperative-facultative system. It is suggested the need for amendments to the Law on the Eradication of Criminal Acts of Corruption by formulating capital punishment for all acts of corruption without any special criteria such as a disaster situation because of its large impact on society, nation and state, so that it becomes the ultimum remedium. The need for judges to impose severe criminal sanctions, so that it can create a deterrent effect for corruptors and other people who have the opportunity to commit corruption are reluctant or afraid to commit acts that violate the law because the criminal sanctions are heavy.
Legal Certainty on the Form of Outsourching Work Agreements Based on the Regulation of the Minister of Manpower and Transmigration Number 19 of 2012 concerning Conditions for Submission of Part of the Implementation of Work to Other Companies Ghina Rahmania; Imam Budi Santoso; Holyness N. Singadimedja
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The falling economic condition has forced the government and business to be more creative in creating business climate, government has created the legal instruments for the development of the investment through business activities. On the other hand, business actors try to catch every single business opportunity available, for example to make efficiency to cut the operational expenses. Outsourcing system becomes the trend used by several companies. Many big companies hire their workers through this system. The problems occurred were the employment of the Regulation of Ministry of Labor and Transmigration No. 19 of 2012 concerning Terms on Distribution of Work Partly to Other Corporation; the legal protection for the oursourcing worker under the Law No. 13 of 2003 concerning Labor jo Regulation of Ministry of Labor and Transmigration No. 19 of 2012 concerning Terms on Distribution of Work Partly to Other Corporation; the settlement to be taken by the government to protect the outsourcing workers. The method of research used in this was descriptive analytical specification in which the researcher described or illustrated a case that was analyzed with the laws using juridical normative method of approach. Stages of research used included library and field research. Data collecting technique was throudocument study and field study in the form of interview. The findings of the research concluded that both has violated Article 17 section (3) of the Regulation of Ministry of Labor and Transmigration No. 19 of 2012 in which both corporations did not place the outsourcing workers in supporting job, instead, they were posted for main job. The protection given by in general was similar namely health insurance, holiday allowance, overtime incentives. While at the other company, they gave one more incentives that was end of contract pension. The judgment of Constitutional Court No. 27/PUU-IX/2011 deciding in favour of the interest of the workers, ordered that every outsourcing worker should have their rights equal to the rights of the non-outsourcing workers. In addition, outsourcing company should count the working time into the guidance to determine the wages and other rights at the outsourcing companies including the transferof from the company receiving other works.
The Effectiveness of Legal Protection for Abandonment of Wives by Husbands as a Form of Domestic Violence Prasetyo Budi Utoyo; Indra Koswara; Yopie Gunawan
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Integrity and harmony in the household will depend on everyone in the household, namely husband and wife, children and people in the family. Disorganized home harmony will mainly emerge and can be seen from the level of quality of behavior and control of everyone in the household. According to Article 1 Paragraph (1) of the Law on the Elimination of Domestic Violence, it is any act against a person, especially a woman, which results in
Anomaly "Marriage Mut'ah" in Arab Village Bogor Safira Amalia Nuranisa; Nunung Nurwati; Muhammad Fedryansyah
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

This article focuses on the problem of deviant behavior that examines the phenomenon of tourist irregularities labeled halal. The focus of the situation in this study is to explain the phenomenon of marriage mut'ah (contract marriage) currently as halal tourism in the Arab village of Cisarua in Bogor Regency. This study uses a qualitative approach to develop concepts, explain the reality associated with a theory, and develop an understanding of a phenomenon. The results of studies show that the phenomenon of contract marriage is a social-cultural formation, a social construction, not an instinct, so contract marriage can be interpreted as a form of efforts to legalize the form of adultery, adultery, struggles to escape from the pressures of poverty, efforts to legitimize sexual desire so as not to say cheating, all of which are very dependent on their society. The practice of contract marriages is done through brokers or specific individuals whose place is hidden where the whereabouts are unknown. It can be concluded that the current control over the phenomenon of marital mut'ah is considered to be no longer sufficient if it is only based on the family. Therefore, social control must involve various parties; it is no longer sufficiently preventive or persuasive. On the other hand, simultaneously by multiple groups, whether preventive or repressive, non-violence (transparent) or coercive is still carried out in various forms.
Position of Dispute Resolution Institutions in the Financial Services Sector: Analysis of Regulation No. 1/POJK.07/2014 in Disputes Over Islamic Gold Payments Rizal Ramadhani
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The role of Islamic banks in the economy is still relatively small due to several obstacles, namely not yet optimal consumer protection and disruption of the financial system. The development of Sharia-based products is increasingly widespread in Indonesia, and Pegadaian is no exception. The purpose of this research is to identify and study contracts in Islamic banking business activities related to gold pawn services at BRI Syariah banks, to know and understand the position of alternative dispute resolution institutions in the financial services sector in sharia gold pawning product disputes. This research is descriptive analytical research, namely research that conveys an overview of the existing facts supported by applicable and applied provisions. The method used is the Normative Juridical Approach Method, namely the Legal Research Method of Library/Secondary Data. In this study using the Qualitative Method, so that the existing data is then analyzed qualitatively based on the existing laws and regulations as a positive legal norm so that it does not use statistics or formulas. Contracts and Legal Aspects in Islamic Banks, the contracts carried out have worldly and hereafter consequences because the contracts are based on Islamic law. Often customers dare to violate the agreement/agreement that has been made if the law is only based on positive law, but this is not the case if the agreement has accountability until yaumil qiyamah later. Every contract in Sharia Banking, both in terms of goods, transaction actors, and other provisions, must meet the provisions of the contract. What must be noted is that consumers cannot immediately resolve disputes through LAPS. Article 2 of POJK Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector regulates procedures for resolving complaints. Where, the complaint settlement mechanism must first be resolved directly with the PUJK. This step is called the Internal Dispute Resolution (IDR). Islamic banking needs to prepare Human Resources who are not only equipped with Islamic Economics skills, but also have a legal background because Islamic Banking Operational Activities are not only based on Islamic Sharia, but are also bound by statutory provisions in the Indonesian National Legal System.
Review on The Inclusion Of The Exoneration Clause In The Standard Clause Based On Law No 8 Of 1999 Concerning Consumer Protection Sandi Nugraha; Gunawan Nachrawi
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to obtain information and analyze the law regarding consumer protection against standard agreements that include an exoneration clause and the responsibilities of business actors that include an exoneration clause. A standard agreement is an agreement where all the clauses are standardized by one party in the agreement without the participation of the other party which basically can eliminate the opportunity to request a change of the agreement. , or hidden defects. The standard agreement that includes the exoneration clause is prohibited because it is very contrary to the principles of good faith, the principle of balance, the principle of justice and especially the principle of freedom of contract which has been accommodated in Article 1338 of the Civil Code, Law Number 8 of 1999 concerning Consumer Protection in Articles 19 to Article 28 regulates the responsibilities of business actors in being accountable for all business activities carried out. Protection and supervision of consumers and business actors can be achieved by the existence of concern, involvement, and cooperation between the government, community, business actors, and (LPKSM) the existence of BPSK is expected to be achieved a sense of justice for all parties in conflict in consumer disputes, the government and law enforcement in this case (Polri Investigators, Civil Servants, Prosecutors, Judiciary and Advocates), must play an active role in monitoring and implementing the existence of this Consumer Protection Act, especially Article 18 aya t 1 About inclusion clause containing exoneration clause.
Law Enforcement Towards Illegal Logging Perpetrators Based on Law Number 18 of 2013 Concerning Prevention and Eradication of Illegal Logging (P3H) Muhammad Irvan Fachrozi
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Illegal logging or illegal logging is logging, transporting or selling timber that is illegal or does not have a permit from local authorities. Deforestation, especially in the form of illegal logging, has caused state losses, damaged socio-cultural life and the environment, and increased global warming. Forest destruction has become a crime that has extraordinary, organized and transnational impacts carried out with a sophisticated modus operandi, has threatened the survival of people's lives so that in the context of preventing and eradicating effective forest destruction and providing a deterrent effect, a strong and capable legal basis is needed. ensure the effectiveness of law enforcement. The purpose of the article with the title "Law Enforcement Against Illegal Logging Perpetrators Based on Law Number 18 of 2013 concerning Prevention and Eradication of Illegal Logging (P3H" is to find out that the existence of this law can be used as an alternative to prevent acts of violating the law on forest crimes, especially illegal logging. and make it easier to deal with cases by referring to existing regulations in conducting research. The type of approach used is a normative legal approach.
The Implementation of Criminal against Corporation in Environmental Crime Andini Wiranti; Nur Azisa; Haeranah Haeranah
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to identify and analyze the Implementation of criminal aginst corporation in environtmental crime. This research uses empirical legal research methods, which examines the law as a social phenomenon. The random sampling method was used to collect samples from the Department of Environmental Services and the Makassar District Court. Data collection techniques are based on the needs of analysis and evaluation and are carried out in two ways: directly in interviews and through library research. The results of the study indicate that the implementation of punishment against corporations for environmental crimes is carried out if the settlement through administrative and civil sanctions is ineffective, with the goal of providing a different effect on corporations that commit environmental crimes.
International Law to Understand Russia's Invasion of Ukraine 2022: Between Self-Defense and Defiance Sardjana Orba Manullang; Irma Rachmawati Maruf; Hadi Priyono; Tamaulina Br Sembiring; Prasetyono Hendriarto
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

This paper's legal review will discuss how to understand the Russian invasion in 2022 from the point of view between self-defense and disobedience to international law. To discuss the above theme, we conducted a series of data source searches on some scientific publications, global politics, international law, and the mass media that seriously discuss the racial conflict with Ukraine. This study uses a phenomenological approach, which is trying to understand international events, complete with the questions of this study. We found information and supporting data by searching on the Google engine or electronically and continued with data analysis with an in-depth evaluation and concluding relevant to the topic of discussion. So, based on the evidence from international reports, we can conclude that international law history on Russia's attack on Ukraine in 2022 is a violation of international law. However, when viewed from a country's defense, its existence, and openness to foreign powers in a neighboring country. Russia, then this is a threat to the safety of secrets in the future.
Marriage Cancellation due to Force and Threats (Juridical Review of the Decision of the Religious Court of Tanjung Karang Regency Number 0174/Pdt.G/2020/PA.Tnk) Kasmudin Harahap
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Arrangements for the annulment of marriages are regulated in Articles 22 to 28 of the Marriage Law. In the provisions of Article 22 it is stipulates that "a marriage can be annulled if the parties do not meet the requirements to enter into a marriage." Article 25 of the Marriage Law stipulates that an annulment of a marriage can be made by submitting an application to the court in the legal area where the marriage is taking place or at the residence of both husband and wife. One of the reasons for the annulment of a marriage is that there is a threat that violates the law against the husband or wife (Article 27 Paragraph (1) of the Marriage Law), or in the implementation of the marriage there is coercion in Article 71 Letter f KHI. The basis for the judge's consideration in granting the Petitioner' s request was in the decision of the Tanjung Karang Religious Court Number 0174/Pdt. G/2020.PA. Tnk, that according to Law Number 50 of 2009 concerning Amendments to Law Number 7 of 1989 concerning the Religious Courts, the examination of cases of marriage annulments submitted by the Petitioners is the absolute and relative authority (competence) of the Tanjung Karang Religious Court. Furthermore, the arguments for the petitioner's petition are legally grounded, in accordance with the provisions of Article 27 Paragraph (1) of the Marriage Law in conjunction with Article 70 of the KHI.

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