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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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Notary Roles and Liabilities Related to The Delivery of Information About the Beneficial Owners of Limited Liability Companies Rama Prima Yoga; Rouli Anita Valentina
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

In the event of participating the Financial Action Task Force recommendation, Indonesian Government issued Peraturan Presiden Nomor 13 Tahun 2018 on the Penerapan Prinsip Mengenali Pemilik Manfaat atas Korporasi dalam Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang dan Tindak Pidana Pendanaan Terorisme which required limited company to deliver the information regarding beneficial owner. In relation of this issuance, there are 2 significant problems that we can study further. Firstly we can look at the regulation on delivering the information of beneficial owner of a limited company. Second, how is the role and obligation of Notary regarding the delivery of the information. This research is made by using a juridical normative method with secondary data consisted of primary law substance and secondary law substance as the base of the research. Based on this research, we can conclude that Limited Company must apply the principle of recognizing its beneficial owner. Notary has an important role in delivering the information on the beneficial owner of the company. But, Notary do not have the responsibility for the factual integrity of the beneficial owner that is provided by the company. With that in mind, it is better to apply a strict penalty or sanction for limited company that violates the regulation. Other than that, socialization on the practice of Peraturan Presiden Nomor 13 Tahun 2018 will be beneficial for the limited company.
Fulfillment of Protection Aspects of Buyers with Good Intention for The Dispute of Sale and Purchase of Girik Land where Revocation of Certificate of No Dispute on Land: Study of Supreme Court Decision Number 470K/PDT/2020 Syahira Ridma Adani; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

In an agreement, good faith plays an important role, because with the good faith shown by the parties in making an agreement, the parties will feel protected. Legal protection for land buyers who have good intentions means that legal protection arises when the buyers themselves transact in good faith. As proof of land ownership, girik cannot be separated from the object of study by a good-intentioned buyer who can also be a party to the sale and purchase transaction of girik land. Buyers and sellers need to pay attention to various conditions for transferring land rights to girik land objects. This also includes paying attention to the conditions both required by the parties themselves as treaty makers and by the state through positive agrarian law regulations applicable at the time of signing the agreement. The analysis in question is presented in this study in order to get a general idea regarding the fulfillment of the protection aspects of buyers who have good intentions for disputes over the sale and purchase of girik land where the certificate of no land dispute has been retracted. This analysis will also use Supreme Court Decision Number 470 K/Pdt/2020 as a case study.
Notary Liability for The Deed of General Meeting of Shareholders of Limited Liability Companies Against The Law (Analysis of Decision Number 123 / PDT. G-Interven/2019/PN. MKS) Benavita Aprilia Kurnia; Teddy Anggoro
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Abstract Notary is a public official who has the authority to make an authentic deed. An authentic deed as regulated in Article 1868 of the Civil Code is a deed made in the form determined by law by or before a public official authorized to do so at the place where the deed was made. Based on the Law on Notary Positions, a Notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in this Law or based on other laws. This study discusses the Notary's Responsibility for Unlawful Acts in making the deed of the general meeting of shareholders of a limited liability company. The research method used is juridical-normative research which refers to the use of written legal norms contained in statutory regulations. The data used in conducting research and collecting data is secondary data, namely as data obtained directly through tracing Court Decisions, library materials, document studies and interviews. The typology of this research is descriptive so that the results of this study are analytical. This study found that the authentic deed made by a notary that contained elements of forgery and fraud was void. The notary may be subject to administrative sanctions based on UUJN ranging from verbal reprimand, writing, temporary dismissal and disrespectful dismissal. In addition, the Notary can also be held accountable based on unlawful acts in a civil manner in accordance with Article 1365 of the Civil Code and forgery of letters based on the Criminal Code.
Juridical Review of the Circulation of E-Cigarettes (Vaporizers) Containing Addictive Substances Based on Law No. 36 of 2009 on Health Atika Sunarto; Ronal Pranata Manullang; Mashita Margaretha Manurung
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Smoking is one of the activities that are still carried out by individuals at all ages, from teenagers to adults. Many ways can be done in an effort to stop smoking, such as committing, replacing cigarettes by consuming sweets, diverting cigarettes with more useful activities. But now news is circulating about smokers who try to quit smoking using e-cigarettes. propylene glycol, and taste. e-cigarettes contain liquid nicotine, propylene glycol, and glycerin. If all the ingredients are heated the meal will produce nitrosamine compounds and those compounds can cause cancer. Therefore, consumer protection must be strictly enforced. Results of this study said that e-cigarettes and conventional cigarettes have the same danger to their users because they contain nicotine and addictive substances that are harmful to health.
Arbitration as A Choice of Forum in Dispute Resolution Regarding Deed of Agreement Novela Christine; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

One of the necessary elements in an international business contract is choice of forum, which arbitration emerged in it. The research purpose is to identify the application of arbitration as choice of forum in a notary deed. The method used in this journal is juridical-normative research. Arbitration clause is necessary in a notary agreement in order that the arbitration will bind the parties. The annulment of the agreement doesn’t result in the arbitration clause being invalid, but severability principle upholds the enforcement of arbitration in a dispute settlement. By choosing arbitration as the choice of forum, the parties are free in selecting the arbitrators, where the arbitration take place, the language used, and the law applied in arbitration. If the clause is not included, the parties could make a deed of compromise or an agreement regarding the acceptance for arbitration in a dispute settlement after the dispute arises.
Juridical Analysis of the Problem of Land Acquisition Compensation for the Development of the Jakarta – Cikampek II Toll Road Southside III Nur Amany Burhan; Suardi Suardi
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The issue that frequently happens in regards to the process of land acquisition for the public interest is in determining the amount of compensation. This problem often arises because the community or landowner asks for a higher price of compensation while the government can only offer it based on the price determined by the land appraiser. Many people or landowners complain about compensation, especially the compensation assessment factor which is carried out without paying attention to fairness and feasibility. The number of complaints regarding the compensation has resulted in the filing of an objection in court. One example of a case concerning the issue of determining compensation occurs regarding land acquisition that occurs in the community, namely the case of court decision number 15/Pdt.G/2021/PN BKS. This research aims to analyze how the implementation of land procurement compensation determination and what is the judge's consideration in the matter of objection to land acquisition compensation based on the decision of the district court number 15/Pdt.G/2021/PN Bks. The type of research used by the author in this research is normative juridical by examining library materials or secondary data and the application of positive legal rules.
The Influence of Price and Product Quality on Purchase Decisions at Meimei Plaza Marelan Ahmad Fadli
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The main study of this study is to analyze the effect of price and product quality on the purchasing decision of Meimei Plaza Marelan. The research approach is quantitative. The population in the study are customers who have used Vivo cellphones as many as 100 respondents. The sources of data in this study are primary data and secondary data. Where the primary data is from observations, interviews, and questionnaires. The results of the t test show that the price has a positive and significant effect on consumer purchasing decisions and the product quality variable also has a positive and significant effect on purchasing decisions. The most powerful variable in influencing purchasing decisions is price. The results of the coefficient of determination with a correlation regression value of 0.760, meaning that together the price and quality of the product on the purchasing decision of Vivo Mobile at Meimei Plaza Marelan have a close and positive contribution. Then the coefficient of determination (R2) is 0.760 (76%). So it can be said that 76% of the variation in the dependent variable, namely price and product quality in the model, can explain the purchasing decision variables at Meimei Plaza Marelan, while the remaining 24% is influenced by other variables outside the model.
Liability of Notary/Official Certifier of Title Deeds as Perpetrators of Falsification of Letters and Legal Consequences on The Object of Dependent Rights Guaranteed by Unauthorized Parties (Case Study of Family Land Dispute Nirina Zubir) Winnie Nathalia Wenur; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The case that happened to the family of artist Nirina Zubir is no longer foreign because it has been spread in various mass media in Indonesia. This case is where the problem boils down to the transfer of land rights carried out without rights by an unauthorised party, namely the household assistant of Nirina Zubir's own family. In this case, the involvement of a Notary and Land Deed Officials is actually the key to the success of the transfer of land rights without these rights. This is because the household assistant of Nirina Zubir's family changed the name of the certificate belonging to Nirina Zubir's mother and then carried out various legal actions on it with the help of a Notary and Land Deed Making Officer in their respective positions. The existence of Notaries and Land Deed Making Officials should help create legal certainty for land rights owned by the Indonesian people. However, in this case, the public officials are also the perpetrators of the crime. Not only involving the Notary, Land Deed Officials, and Nirina Zubir's family, but furthermore, this case also involved banking institutions. This is because several certificates belonging to the family of Nirina Zubir, which have been illegally renamed, are then used as collateral for the credit of the household assistant of Nirina Zubir's family, as a party who has no right to carry out such legal actions. Because of the many parties involved, this case becomes very interesting to study from various sides, especially in terms of the accountability of the Notary and Land Deed Making Officials involved, as well as on legal certainty over the existing mortgage object.
Comparison of Abandoned Land Laws in Indonesia and Malaysia Sa'daatud Daroini; Fransiscus Xaverius Arsin Lukman
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

According to Government Regulation Number 11 of 2010 and the National Land Code of 1965, in general, abandoned land is land that is intentionally not used, cultivated, and utilized according to its intended use of the land. The issue raised is the comparison of abandoned land laws in Indonesia and Malaysia. The main problem in this study is about how positive law regulates abandoned land in Indonesia and Malaysia and what factors cause differences in positive law governing abandoned land in Indonesia and Malaysia. By using normative juridical research methods, it can be concluded that first, positive laws governing abandoned land in Indonesia are Law Number 5 of 1960, Government Regulation Number 11 of 2010, Regulation of the Head of the National Land Agency Number 4 of 2010 and Regulation of the Head of the National Land Agency Number 5 of 2011. While the positive law governing abandoned land in Malaysia is the National Land Code 1965. After knowing the positive law governing abandoned land in Indonesia and Malaysia, you will see similarities and differences. The similarity is regarding the meaning of land and the concrete needs of the community for land. While the differences are in the form of the definition of abandoned land, the criteria for abandoned land, the authorities in controlling abandoned land, the stages of determining abandoned land and the utilization of abandoned land. Second, the factors that cause differences in positive land law regarding abandoned land in Indonesia and Malaysia are differences in the conception of land law and differences in regulations governing abandoned land.
The Effect of Career Development and Emotional Intelligence on Organizational Citizenship Behavior Mediated Job Satisfaction in Employees PDAM Tirta Deli M. Topan Sahroni
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The purpose of this study was to determine and analyze the effect of career development and emotional intelligence on organizational citizenship behavior mediated by job satisfaction. The sample in this study used a saturated sample, where all of the population was sampled, but employees as leaders and researchers were not included in the sample. The sample in this study amounted to 67 employees. The data collection technique in this study used a questionnaire method, with SEM-PLS statistical analysis. Data processing in this study using the software program SmartPLS 3.3.3. The results of this study prove that career development directly has a positive and significant effect on organizational citizenship behavior. Furthermore, emotional intelligence has a positive and significant effect on organizational citizenship behavior. While job satisfaction has a positive and significant effect on organizational citizenship, and career development has a positive and significant effect on job satisfaction, emotional intelligence has a positive and significant effect on job satisfaction, so indirectly job satisfaction can mediate career development on organizational citizenship behavior. And indirectly job satisfaction can mediate the influence of emotional intelligence on the organizational citizenship behavior of employees.

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