cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
HENGKI TAMANDO
Contact Email
hengki_tamando@yahoo.com
Phone
+6281260574554
Journal Mail Official
legalbrief@isha.or.id
Editorial Address
Romeby Lestari Housing Complex Block C Number C14, North Sumatra, Indonesia
Location
Unknown,
Unknown
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
 14   15   16   17   18 
Return of State Money in Court Decisions Against Criminal Acts of Corruption Sartono Gurning; Amshori Amshori
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 (351.665 KB)

Abstract

One of the fundamental issues that is very important and becomes a deeper concern in eradicating corruption is how to recover lost state losses as a result of acts of corruption, whether carried out by individuals or corporations. The phenomenon that has occurred so far is that the eradication of corruption that is carried out can only save 10-15 percent of the total money being corrupted
Implementation of Legal Sanctions Against Criminal Actions of Corruption (Study of Decision Number 8/PID.SUS-TPK/2020/PN JKT.PST) Bambang Asmoyo; Adi Sujatno; Dadang Suherli Saputra
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 (1065.461 KB)

Abstract

The crime of corruption is categorized as an extraordinary crime because the impact is extraordinary, which has occurred systematically and widely, not only harming state finances, disturbing the stability and security of society, weakening democratic values, ethics, justice and legal certainty, has also violated the social and economic rights of the community at large. The crime of corruption is included in the category of a very large crime and is very detrimental to the nation and state in one region. Therefore, the corruption law and the judicial system are very different, and there is a special institution that plays an important role in eradicating corruption. The research method used is normative juridical, namely library law research which is carried out by examining library materials or secondary data. The results of the research include that regarding the regulation of criminal acts of corruption contained in Law no. 31 of 1999 concerning the Crime of Corruption, which took effect on August 16, 1999 which was later amended by Law no. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption.
Indonesia’s Constitutional Foundation Applies the Death Penalty Against the Intermediary for the Sale and Purchase of Narcotics Bandar Mukti Jaharsa; Yusuf Muhamad Said
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 (887.845 KB)

Abstract

The danger of narcotics use is quite large in its influence on the state, if there is a large-scale use of narcotics in society, then the Indonesian nation will become a sick nation, if this happens the country will be fragile from within because national resilience has declined. This research plays an important role in obtaining accurate and reliable data. Therefore, the research method used as a tool or method for guiding in conducting research is normative juridical, namely analyzing the relationship between applicable laws and regulations with legal theory and practice of implementing positive law in the field regarding the issues discussed. In conclusion, the definition of the right to life as regulated in Article 28 J paragraph (2) of the 1945 Constitution is a right where no one's life may be taken arbitrarily. What is not allowed is "arbitrarily deprivide of his life". Meanwhile, regarding the difference in decisions between the Serang District Court Decision Number 837/Pid.Sus/2020/PN. Srg who decided the death penalty, which was annulled by the decision of the Banten High Court Number 36/PID.SUS/2021/PT BTN), is not a substantive matter, all judges agree on the death penalty, but rather on a matter of belief and a matter of trial technicality such as the number that is still doubtful by the Serang judges, and the elderly age of the defendant.
Regulation of the Education Rights of Persons with Disabilities in Law Number 8 of 2016 concerning Persons with Disabilities Maharani Nurdin
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 (377.909 KB)

Abstract

As citizens of Indonesia, persons with disabilities constitutionally have the same rights and positions before the law and the government. The state should be directly involved in people's welfare efforts, such as directly providing various forms of basic services, such as education services. The 1945 Constitution guarantees in each of its articles that every citizen has the right to get facilities and special treatment to obtain equal opportunities and benefits in order to achieve equality and justice, so that welfare will be formed for all citizens, have the right to protection from violence and discrimination. . Law Number 8 of 2016 concerning Persons with Disabilities regulates the right to education for persons with disabilities, providing an understanding that Persons with Disabilities need certain treatment, certain treatments, certain facilities, which are then tried to be explained and regulated further in the Law This basically refers to the Convention On The Rights Of Persons with Disabilities which has been ratified in Law Number 19 of 2011.
The Application Of Law On The Criminal Law Of Incest Offices Reviewing From Bali Candidate Criminal Law Hana Faridah
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 (335.792 KB)

Abstract

Law has two forms, namely written and unwritten, one of the laws that has an unwritten form is customary law. As written law, the existence of customary law also plays a role in realizing an orderly and safe life, because in life there will always be actions that are not in accordance with applicable norms. Acts that are not in accordance with these norms are sometimes found to be in two legal domains or intersect with two legal domains. For example, between the realm of criminal law and the realm of customary law. Customary law has a strong influence in several areas in Indonesia, one of which is in the province of Bali, where most of the customary offenses are regulated in the rules (awig awig) of the village concerned. The attachment of religion, especially Hinduism to customary law in Bali, can be found in the way the Balinese people resolve a violation of their customs. One of the customary offenses regulated in the awig awig of the Balinese village is related to morality (the traditional offense of Gamia Gamana). This study uses empirical legal research methods that use primary data sources and secondary data sources that are descriptive with qualitative data analysis. The results of the analysis will be presented in a descriptive way, which describes the problems studied systematically and critically. Gamia Gamana is a violation of adat in the form of a prohibition on sexual relations between people who still have close family relationships (such as children and stepmothers, fathers and daughters, and so on). To restore the balance that has been disturbed as a result of unusual acts.
Application Of TheTheory Of Utilitarianism In Perllegal Protection For The Provision Of Compensation For Land Rights Holders Declared Abandoned For Development In The Public Interest Devi Siti Hamzah Marpaung Marpaung
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 (390.604 KB)

Abstract

Procurement of land for the development of public interest and the determination of compensation cannot be separated from the issue of relinquishing land rights. This study aims to study and understand the implementation of compensation for land rights holders who are declared abandoned and legal protection for land rights holders who feel disadvantaged in the process of land acquisition for the public interest. In this study the author uses a normative juridical method, using a statutory approach, namely Law no. 5 of 1960 concerning Agrarian Principles and Law no. 2 of 2012 concerning Land Acquisition. The results of this study indicate that the implementation of compensation for land rights holders who have been declared abandoned for the development of public interest is carried out by identifying, researching, warning, and determining abandoned land. land, deliberation. As well as legal protection for land rights holders who feel aggrieved include; has the right to obtain data and information, the right to demand a file of rights or a claim for the determination of the development area/location, has the right to receive fair and fair compensation payments, and has the right to refuse the type and amount of compensation.
Community Participation In Village Fund Management In Banyuanyar Village, Boyolali Regency Ellectrananda Lusia Indrastuti
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 (272.191 KB)

Abstract

Community participation is one of the factors that influence the success of development programs and rural community development. Community participation is needed to realize village development in accordance with the needs of the village itself. Community participation does not only involve the community in making decisions in every development program, but the community is also involved in identifying problems and potentials that exist in the community. Without community participation every development activity will fail. Likewise with regard to community participation in the use and management of village funds, this involvement is important so that the use and management can be more targeted and the benefits will be more impactful. However, what happened in Banyuanyar Village, Ampel District, Boyolali Regency in terms of the use and management of village funds was still minimal related to community involvement or participation. This affects community support for various programs that will be run using village funds. This of course would violate the requirements in managing village funds that have been regulated in Law No. 23 of 2014 which already regulates how to manage and use village funds. There are several factors that affect the level of community participation in the management of village funds such as the lack of socialization from the village government regarding the village fund program so that people do not understand about the village fund program, which makes the community less participating. In addition, the education factor for the people of Banyuanyar Village, Ampel District, Boyolali Regency is still lacking, so it is difficult for people to understand all the activities carried out by other people in the community.
PCR Test Juridical Review for Prospective Domestic Airplane Passengers Hotmaria Hertawaty Sijabat; Sardjana Orba Manullang; Asep Saepullah; Karman Karman; Oskar Hutagaluh
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 (350.178 KB)

Abstract

The mandatory Polymerase Chain Reaction (PCR) testing continues to be an interesting issue for many people. So the legality of the polymerase chain reaction test for local airline passengers is interesting for us to study. The data for this study were derived from secondary data from various journals and related literature readings that we obtained electronically. Then we explore as deeply as possible to understand the question and purpose of this study. So we also conducted a study through the evaluation system and data coding to draw valid conclusions and have high reliability. Sources of publication data include international and national journals. Based on the discussion of the findings, we can summarize that the regulatory status of mandatory testing for prospective passengers often changes, both in terms of price and legality, and other conditions. So along with this study, we report that there are still changes and the legal status of mandatory testing or not for prospective domestic passengers. It is hoped that this study will be helpful in the development of legal studies and business legality of PCR in Indonesia.
Implementation of Regional Regulation Policy on The Sustainability of The Ammatoa Kajang Customary Forest Andi Ahmad Malikul Afdal
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 (284.168 KB)

Abstract

The policy that preserves the Kajang customary forest through regional regulation (PERDA No. 9 of 2015) concerning the strengthening and the protection of the rights towards the Ammatoa customary forest community in orders and authorities of the Ammatoa Kajang customary law community, namely to fulfill, maintain, and perpetuate “Pasang” as a guideline for the order of community life. Thus, through this qualitative descriptive study, it attempts to describe how policy implementation is related to the George C. Edward III implementation model and then analyzes it to an absolute conclusion. The results showed that the implementation of the regional regulation in preserving the Ammatoa customary law in the Kajang indigenous people based on four indicators, namely: communication, resources, disposition and bureaucratic structure had been well. However, it cannot be denied that in the implementation of PERDA No. 9 of 2015 there are still many shortcomings in it.
Obstacles to the Prosecution Process of Criminal Acts during the Covid-19 Period at the Belawan State Prosecutor's Office Jerri Habeahan; Jogi Silalahi; Marolop Butarbutar
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 (828.931 KB)

Abstract

Covid-19 or commonly known as Corona Virus Disease abbreviated as COVID is an infectious disease which due to its rapid spread has had a very large impact on an international scale. The purpose of the study was to find out how the process of prosecuting criminal acts at the Belawan District Attorney's Office during the covid-19 period, to find out the obstacles faced by the prosecutor's office and to find out the efforts made by the prosecutor's office. The research method in analyzing this research uses empirical methods. Namely an analysis of the obstacles to prosecuting criminal acts during the Covid-19 period at the Belawan District Attorney. Results Based on research in the field, the highest crimes are crimes in drug cases, theft and violence.

Page 16 of 93 | Total Record : 921

 14   15   16   17   18 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol. 14 No. 6 (2026): Law Science and Field Vol. 14 No. 5 (2025): December: Law Science and Field Vol. 14 No. 4 (2025): October: Law Science and Field Vol. 14 No. 3 (2025): August: Law Science and Field Vol. 14 No. 2 (2025): June: Law Science and Field Vol. 14 No. 1 (2025): April: Law Science and Field Vol. 13 No. 6 (2025): February: Law Science and Field Vol. 13 No. 5 (2024): December: Law Science and Field Vol. 13 No. 4 (2024): October: Law Science and Field Vol. 13 No. 3 (2024): August: Law Science and Field Vol. 13 No. 2 (2024): June: Law Science and Field Vol. 13 No. 1 (2024): April: Law Science and Field Vol. 12 No. 6 (2024): February: Law Science and Field Vol. 12 No. 5 (2023): December: Law Science and Field Vol. 12 No. 4 (2023): October: Law Science and Field Vol. 12 No. 3 (2023): August: Law Science and Field Vol. 12 No. 2 (2023): June: Law Science and Field Vol. 12 No. 1 (2023): April: Law Science and Field Vol. 11 No. 6 (2023): February: Law Science and Field Vol. 11 No. 5 (2022): Desember: Law Science and Field Vol. 11 No. 4 (2022): October: Law Science and Field Vol. 11 No. 3 (2022): August: Law Science and Field Vol. 11 No. 2 (2022): Law Science and Field Vol. 11 No. 1 (2021): Law Science and Field Vol. 10 No. 2 (2021): Law Science and Field Vol. 10 No. 1 (2020): Law Science and Field Vol. 9 No. 2 (2020): Law Science and Field Vol. 9 No. 1 (2019): Law Science and Field Vol. 8 No. 2 (2019): Law Science and Field Vol. 8 No. 1 (2018): Law Science and Field More Issue