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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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Legal Review Concerning Uncertified Land Rights in Bandung District Agus Mulyono
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The legal process carried out by the community in case of a dispute by using mediation to resolve the problem in order to reach an agreement that is beneficial for both parties through negotiation. In the development of dispute resolution, the term Alternative Dispute Resolution (ADR) or Alternative Dispute Resolution Mechanism (MAPS) was used in Law Number 30 of 1999 concerning procedures for resolving disputes through ADR, namely as an institution for resolving disputes or differences of opinion through procedures agreed upon by the parties. with out-of-court settlements, one of which is through mediation, especially disputes over uncertified land rights. The objectives of the study are as follows: To find out the legal protection for uncertified land owners in Purwakarta Regency related to Government Regulation Number 24 of 1997 concerning Land Registration. To find out the settlement of disputes regarding ownership of land that has not been certified according to Government Regulation Number 24 of 1997 concerning Land Registration. The approach method is normative juridical, namely legal research conducted by reviewing and testing secondary data in the form of positive law. Specifications The research used is descriptive analytical, which systematically describes the facts and problems related to the legal aspects of land dispute resolution on uncertified land rights in Purwakarta Regency associated with PP. 24 of 1997 concerning Land Registration. The data obtained will then be analyzed in a qualitative normative manner. The legal protection of the parties for uncertified land rights in Purwakarta Regency is linked to PP No. 24 of 1997 concerning land registration is Article 32 paragraph (1) of Government Regulation Number 24 of 1997, that the certificate is a proof of rights that applies as a strong proof of physical data and juridical data contained therein, as long as the physical data and juridical data are in accordance with the data contained in the letter of measurement and the book of land rights in question. Settlement of land disputes over uncertified land rights in Purwakarta Regency is linked to PP No. 24 of 1997 concerning Land Registration. Land Dispute Settlement Solutions can be reached through the National Land Agency and solutions through the Judicial Body. Completion of the provisions of laws and regulations in the field of land, is not solely based on its juridical suitability but is also equipped with sociological, economic and political considerations.
Accountability of a Person Possessing, Controlling or Providing Types of Drugs not from Plants with the use of Restorative Justice (a Case Study of the Cassation Decision number 1423K/PID.SUS/2016) Aditia Johan Permana; Yusuf Muhamad Said
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Narcotics crime is an extraordinary crime. Therefore, the handling must also be extraordinary, not only using Law No. 35 of 2009 concerning Narcotics, but also the Criminal Code and the Crime of Money Laundering (TPPU). BNN until March 2021 had confiscated 3,462.75 kilograms of marijuana evidence, an increase of 143.64 percent compared to 2,410 kilograms of evidence in 2020, even though in a pandemic condition, covid 19 drug trafficking has increased marked by an increase in evidence confiscated in the context of enforcement. law. Thus, the condition of the pandemic and the consequences of working from home, the circulation of narcotics and the like rose, especially the type of marijuana. BNN asks for support from all parties to jointly support the eradication of these prohibited items. The research method is carried out in a normative juridical manner, which relies on literacy from various books, journals, expert opinions and is equipped with State Court Decisions to Cassation Decisions Against cases of handling illegal drug trafficking, class I. All are analyzed and made a narration so that it can be concluded in a study. In conclusion, the handling of drug crimes, in Indonesia still uses positive legal parameters, the aspect of imprisonment is not yet related to the aspect of restorative justice, it is not easy because there are no binding statutory regulations, except for regulations under the law other than the impact of drugs can damage the order. socially and economically to the potential to lose the best generation of the nation.
How does Environmental Law View Sustainable Ecological Development in Indonesia? Dadi Dadi
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The problem of natural resources and the environment has developed into a crisis experienced by various countries in the world, including Indonesia. The damage to the global environment that has a serious impact on the sustainability of human life and development must be addressed as early as possible, so that the effect does not spread to the growth cycle of future generations. One of the efforts that can be taken as a reaction to the current environmental management crisis is to start developing an environmental movement based on an ecological approach or sustainable development. This study uses a normative juridical approach, which is an approach that is based on legislation, by examining all laws and regulations related to the legal issue that the researcher is looking for, while the results of this study explain that the enactment of Law no. 32 of 2009 concerning Environmental Protection and Management (UU-PPLH) in Indonesia is a tangible manifestation of the government's and community's concern in realizing the welfare of the people, which began through the establishment of environmental law and is an instrument of state administration in the efficient management of natural resources. The concept of ecology which is based on the existence of legal order and values ??that requires policy changes in overcoming environmental crises or emergencies due to exploitation of environmental resources that ignores aspects of sustainability and environmental carrying capacity does require encouragement from all parties so that all management processes and the application of sanctions can be implemented. The sanctions can be realized in various concrete actions and actions, the environment as a forum for management policies various natural resources that exist, contain legal rules that are in accordance with the principles of Humanity is intended to optimize the benefits of natural resources (SDA) and human resources to be further harmonized in an ecological concept that is beneficial for human survival.
The Potential of Stability of Domestic Social Political Stability in the Industrial Relations Court (Taken From the Case of Unilateral Wage Increase Dispute & Violation of the Employment Agreement) Harrys Pratama Teguh; Ru’fah Abdullah
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Creating a harmony in life is the main goal of all human beings to be achieved, but it is very difficult to be fulfilled and felt by the whole community both before and after the implementation Undang Undang Nomor 11 Tahun 2020 About Cipta Kerja which was marked by the spread of the outbreak in 2019 Novel Coronavirus known as Covid 19. Seen in the political arena, if the government is unable to control the curve of increasing positive cases of Covid-19, then public anxiety about the threat of Covid-19 will still be high which will trigger the overall productivity of the community to decrease and unemployment to increase, so that people's incomes are aggregated. will decrease and poverty will certainly increase accompanied by a political crisis so that national political stability will be increasingly problematic.Based on the research background above, the identification in this study is as follows: 1). What are the Factors Affecting the Shaking of Socio-Political Stability Associated with a Unilateral Wage Increase by an Employer or an Entrepreneur? 2). What are the next steps in responding to the Shaking of Domestic Socio-Political Stability following the issuance of Law Number 11 of 2020 about Cipta Kerja In the era of President Joko Widodo ? In accordance with the background and identification of the problem, the objectives of this study are: 1). To find and analyze the factors that influence the shaking of socio-political stability associated with unilateral termination of employment by an employer or an entrepreneur. 2) To find and analyze future steps in responding to the Shaking of Domestic Socio-Political Stability over the enactment of Law Number 11 of 2020 about Cipta Kerja In the era of President Joko Widodo. This research is a doctrinal legal research, the doctrinal law research in question is research that places the law in a construction of a norm system in accordance with legal norms that apply to positive legal provisions, namely the Ius Constitutum principle by using a normative juridical approach, namely inventorying, reviewing and analyzing and understanding the law as a set of rules or positive norms in the legal system that regulates human life which is colored by various symptoms and facts contained in social life in depth. Based on the results of the study in accordance with the identification of the problem in the study, it can produce a conclusion that is not far from the identification of the problem, namely as follows: Government Regulations, Company Capability, Position and Responsibilities, Term of Service, and Productivity & Job Appraisal. The next step in responding to the Shaking of Domestic Socio-Political Stability with the issuance of Law Number 11 of 2020 about Cipta Kerja In the era of President Joko Widodo, which until now, there are still many regions that do not have/have a Bipartite Institution in accordance with the regulations Pasal 106 UU Number 13 tahun 2003 about Ketenagakerjaan.
Social Service Model For Women Ex-Migrant Workers Maksud Hakim
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Women former migrant workers experience various problems such as discrimination, stigmatization, difficulties with economic resources. Their existence requires assistance in the form of social services organized by the government and other institutions. The main article aims to provide an overview of services that can be carried out to overcome various problems of women ex-migrant workers. This article uses a literature study method to comprehensively describe the services provided. The results of the study show that the social services include assessment, implementation, evaluation and termination. In each stage, it applies gender sensitive values, namely practical needs and strategic needs.
Juridical Review Concerning Civil Liability of Mutual Fund Investment Managers Against Lossed Investors Raden Ati Haryati; Enggar Widianingrum; Nyoman Suardhita; Agus Suhaila
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (630.146 KB) | DOI: 10.35335/legal.v11i2.195

Abstract

Investment Manager is the party that manages the securities portfolio for customers or manages the collective investment portfolio for a group of customers based on the prevailing laws and regulations. One of the Mutual Fund products is the Equity Fund. The Investment Manager in managing Equity Mutual Funds carries out portfolio activities, both securities portfolios and collective investment portfolios. Portfolios are intended to minimize the risks that occur when managing investments. With the existence of a portfolio, it is hoped that the rate of return expected by investors can be achieved optimally. In managing a Equity Mutual Fund, mistakes are never made. Investment Manager errors can cause losses on the part of investors. As for the problem, what are the actions of the Investment Manager in carrying out stock portfolio activities that can harm investors in equity mutual funds, what is the civil liability of the Investment Manager to investors who are harmed in the Equity Mutual Fund, and where investors can file a complaint against the actions of the Investment Manager. to the detriment of investors. The research method carried out by the author is library research, namely the activity of collecting data and provisions in laws and regulations that have binding legal force, both regulations issued by the government of the Republic of Indonesia and regulations issued by BAPEPAM-LK. In addition, data is also collected from books and internet media. Based on the research conducted by the author, it can be concluded that: Investment Manager's actions in carrying out stock portfolio activities that can harm investors in Equity Mutual Funds include actions that are prohibited for Investment Managers as regulated in Article 35, Article 41, and Article 42 of the Law No. 8 of 1995 concerning the Capital Market. If the Investment Manager is proven to have committed an act that can cause harm to the investor, the Investment Manager is responsible for compensating the loss, and if the Investment Manager does not want to compensate for the loss, the investor can file a complaint with BAPEPAM-LK or file a lawsuit with the District Court. It is hoped that before investors invest in an Mutual Fund, the investor should know in advance the vision and mission of the Investment Manager who manages the Mutual Fund, including the soul, spirit, and also the characteristics of the Investment Manager Representative who is appointed as the person in charge of carrying out operational management activities. The Mutual Funds, including the preparation of the Securities portfolio which is the basis for the existence of the Mutual Funds.
The Judge's Decision in Resolving the Marriage Problems of the Adhal Guardians (Case Study at the Religious Court of Serang Banten) Ru’fah Abdullah
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The position of the guardian in marriage is mandatory, so that a marriage cannot be carried out, or the marriage is invalid due to the absence of a guardian, because the guardian is a pillar that must be fulfilled in the marriage contract, even though some scholars say that the guardian in a marriage contract is not a pillar that must be fulfilled. fulfilled, but it is only sunnah and a marriage that is carried out without the presence of a guardian in the marriage contract is not a legal defect, the marriage is still valid and does not become null and void. However, because Indonesia is specifically based on the Syafii madhab, and is supported by legislation in article 14 of the KHI, that among the pillars of marriage is the presence of a guardian. syara or not fulfilling the syara, even though the daughter still insists on marrying the man of her choice, in this case the judge can change the position of the guardian, due to the fact that the guardian. In deciding the case the judge is very careful, based on an agreement with the member judges, the judge must consider that between the applicant and the candidate there is no blood relationship, breastfeeding, it is not illegal to marry, both have persuaded the applicant's parents to marry off, the prospective applicant is already working, the applicant with the candidate kufu. There is a marriage refusal letter issued from the KUA, arguing that the guardian does not exist. The absolute power of judges is the authority of the Religious Courts in accordance with their absolutes, to settle cases of marriage, divorce, especially guardians of adhal. In principle, the Court is the end of solving problems in the family, especially in society so that when the problem is not resolved at home and in the extended family, the spearhead of the problem is brought to the Religious Courts, although the settlement must be through mediation.
Legal Review on Military Criminal Acts in Peaceful Time Done Repeatly According to the KUHPM and KUHP Based on Military Court Decision II-09 Bandung Number: PUT/067-K/PM-II-09/AD/III/2012 Sufmi Dasco Ahmad
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (634.949 KB) | DOI: 10.35335/legal.v11i2.203

Abstract

This study aims to determine the military crime of dissertation based on the decision of the military court of Bandung City. The settlement process for desertion crimes committed by members of the Indonesian National Armed Forces basically includes the Military Court, the High Military Court, the Main Military Court, and the Military Combat Court (Article 31 of Law Number 31 of 1997). The Military Court, like other judicial bodies, also leads to the Supreme Court as the highest court in Indonesia. This research was taken with a descriptive method, meaning that it aims to describe in full the characteristics and circumstances, personal and group behavior by separating the data that has been collected according to their respective categories, to be interpreted in an effort to answer problems in writing. So the results of this study explain that, according to the Law of the Republic of Indonesia Number 25 of 2014 concerning Military Disciplinary Law, Article 8 CHAPTER V entitled Military Disciplinary Law and Military Disciplinary Punishment explains that several types of Military Disciplinary Punishment Violations have been published by the government Indonesia consists of all acts that are contrary to official orders, official regulations, or actions that are not in accordance with military rules and acts that violate criminal laws and regulations of such a light nature. In addition, judges at the Military Court are appointed and dismissed by the President as Head of State at the suggestion of the Commander in Chief and based on the approval of the Chief Justice of the Supreme Court. For this reason, before taking office, judges are required to take an oath or promise according to their respective religions. According to Article 23 of Law Number 31 of 1997, the power of the Military Court is to examine and decide at the first instance a criminal offense in which the defendant is a soldier with the rank of Captain and below, a member of a group or service or agency or who is equal or considered a soldier based on the law. The rank of Captain and below and a person who is not the same as a soldier or member of a group or service or agency that is not equal is not considered a soldier under the law which must be tried by the Military Court.
Legal Analysis on the Valuation of A Company’s Shares Nominal Value M.Y.F. Hafidz Nasution; Dwi Sartika Paramyta
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The existence of a Company as a legal entity with a commercial purpose in a state holds an important role in developing the national economy. Such existence must be supported with a comprehensive regulatory framework that able to ensure legal certainty of every legal action relating to a Company. The prevailing regulations relevant to a Company includes, among others, the valuation of a Company’s shares, which hold a significant role either to the Company itself, the shareholders, and other third parties, especially in investing into or doing a business activity. Therefore, this research is drafted to discuss the legal aspects in valuation of a Company’s shares in Indonesia. This research used a descriptive method with a qualitative approach.
The Authority of the Special Guidance for Children in Gorontalo City, Gorontalo Province in Implementing Guidance for Children in Conflict with the Law Leni Nurmala
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

In the Juvenile Criminal Justice System, the Child Special Guidance Institution (LPKA) is a forum for children to carry out their criminal period. As the next generation, children have an important position so they must get protection and guarantees for their rights. In this article, the author limits the discussion of the role of LPKA in providing guidance to children in conflict with the law. The sociological juridical research method is used with the aim of obtaining empirical legal knowledge obtained directly from the object. The implementation of special guidance for children in conflict with the law is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The role of LPKA is to provide guidance and supervision to children in carrying out their criminal sanctions. The results of research and discussion obtained at the Gorontalo City Children's Special Guidance Institute, children receive guidance and education. Coaching activities are carried out to shape the personality in the form of developing the potential of children according to the needs and conditions of children, while educational/school activities cooperate with the relevant education office. Children in conflict with the law can become good individuals and can face the future brilliantly.

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