LEGAL BRIEF
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.
Articles
921 Documents
<![CDATA[The Role of Notaries in The Implementation of The Use of State Property After Regulation of The Minister of Finance No. 115 /PMK.06/2020 Concerning The Use of State-Owned Goods ]]>
<![CDATA[Siti Aldlia Catur]]>;
<![CDATA[Teddy Anggoro]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The regulations getting renewed and revised, Utilization asset related regulations also become the one that are treated the same periodically. The release of newest regulation related of the State Owned Goods Utilization, in this case The Provisions of Minister of Finance Regulation Number 115/PMK.06/2020 about State Owned Goods Utilization is a simplified version of all regulations related on State Owned Goods Utilization so far. This purpose of this research is to describe the state of notary deed in terms of cooperation Agreements of utilization which requires several number of State Owned Goods utilization which is done based on agreement made in the form of notarial deed. The type of this research is normative juridical, with the approach of the related laws and regulations to the legal issues that have been researched. This research shows that agreement utilization in the form of rental, cooperation utilization, Build Transfer operate/Build Operate Transfer, Cooperation of infrastructure Provisions (KSPI), and Limited Cooperation for Infrastructure funding, (Ketupi) requires a notary. Notarial deed in the implementation State Owned Goods Utilization agreement, after The Provisions of Minister of Finance Regulation Number 115/PMK.06/2020 about State Owned Goods Utilization released, becomes an authentic proofing tool. The role of notary becomes important in terms of agreement about state owned goods utilization.]]>
<![CDATA[Efforts to Handle the Increase in Togel Gambling Users During a Pandemic Judging from Law No. 7 of 1974 ]]>
<![CDATA[Adi Sarlup]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Lottery gambling is a crime that is troubling the community and the impact is so large on the survival of the community. The purpose of this research 1. How is the police in the process of handling lottery gambling in the city of Ambon. 2. What are the factors that influence the increase in lottery gambling in Ambon City. 3. What is the role of the police in dealing with lottery gambling in Ambon City? This study uses a qualitative approach and data collection techniques in this study using observation, interviews and using qualitative descriptive data analysis techniques. The results of this study indicate that, the efforts to handle lottery gambling in Ambon City by the police have been carried out well, but the approach to the community has not been maximized.]]>
<![CDATA[Implementation of the Political Public Relations Approach for DPR Member Dedi Mulyadi through Youtube Channel ]]>
<![CDATA[Trisno Muldani]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Public Relations (PR) Politics for a member of the National Parliamentary has an essential and strategic role in maintaining good relations with the community. As a member of the DPR RI that the people elected, Dedi Mulyadi is required to publish his daily activities to the public as proof of the transparency of the performance of a people's representative. Along with the times, political public relations must adapt to be more adaptive, collaborative, and flexible. To meet these demands, Political PR must use new media to support its work. In this digital era, one of the new media that can be used in political PR activities is Youtube. This media is optimized by DPR member Dedi Mulyadi to approach Political PR to the community. This study aims to describe the implementation of the Political PR approach to DPR Member Dedi Mulyadi who uses YouTube as a medium. This study uses a qualitative approach with a descriptive method. Data collection was obtained from the results of the documentation. This study indicates that DPR Member Dedi Mulyadi uses a Political PR approach in the form of Political Hype (Political Hype), namely PR work that takes a publicity approach with the formula "to make noise" to get the attention of the audience.]]>
<![CDATA[Giving Medical Rehabilitation Discretion to Children Perpetrators of Drug Abuse ]]>
<![CDATA[Yudhisthira]]>;
<![CDATA[Hasanal Mulkan]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Drug trafficking is a universal social phenomenon (a universal social phenomenon) in human life, and is even said to have become the oldest social problem of human kind. With the discretionary authority that is owned, it is understandable if a legal issue does not have to be resolved through the courts, but the resolution can be submitted to the decision of the police, in connection with the discretion against drug and psychotopic abuse, the police can also exercise discretion, especially against the perpetrators who are still children, discretion towards children abusing narcotics and psychotropic substances. As for the formulation of the problem in writing the journal, namely the reason for the police in providing medical rehabilitation descriptions for children who are perpetrators of drug crimes,]]>
<![CDATA[Evaluation of Judicial Practices by Students of the Faculty of Syari’ah Padang State Islamic University in the West Sumatra Religious Courts ]]>
<![CDATA[Masna Yunita]]>;
<![CDATA[Fitra Nelli]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Judicial practice is one of the compulsory subjects for the Syari'ah Faculty of UIN Imam Bonjol Padang which is held in the West Sumatra Religious Court. There are 18 religious courts in West Sumatra, while the number of students from the shari'ah faculty continues to grow from year to year. In order to improve practical activities, it is necessary to conduct an evaluation of student justice practices so far. To obtain data, interviews were conducted with judges, clerks for practicing supervisors, as well as with students who had practiced. Based on the research, it can be concluded that practical problems arise from internal problems and external problems. One of the most important problems is that when new students come to court, it appears that the students are unprepared and do not understand the procedural law of religious courts. even though they have received supplies. So it is necessary to conduct a further evaluation of the activities of debriefing students' judicial practices.]]>
<![CDATA[The Liability of The Land Deed Official (PPAT) in Terms of The Reading of The Grant Deed when Carried Out by Its Employees and The Lack of Witnesses in The Deed (Case Study of Verdict Number 3/PDT. G/2020/PN BLA) ]]>
<![CDATA[Audita Kandi Putri Maharani]]>;
<![CDATA[Mohamad Fajri Mekka Putra]]>;
<![CDATA[Henny Marlina]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Conveyancer (PPAT) has the authority to make an authentic deed regarding the transfer of land rights, one of them is the Grant Deed. In making the deed, Conveyancer must be responsible for what they made because Conveyancer has been appointed directly by the Minister of Agrarian and Land Affairs. The article discusses the legal issues in the Blora District Court Decision Number 3/Pdt.G/2020/PN Bla, namely regarding Conveyancer's responsibilities based on the Grant of a Deed read by his employees and the lack of witnesses in making the Grant Deed. This study uses a normative juridical method by using secondary data sourced from primary, secondary, and tertiary legal materials. The Deed of Grant is an authentic deed that can be used as a perfect evidence. Due to its irrevocable nature and can't be erased, except for certain reasons, it requires accuracy and prudence in the preparation of the deed. Conveyancer is obliged to read out the Deed of Grant before it is signed by the parties and there must be at least 2 (two) witnesses in making the Deed of Grant in accordance with the provisions of Article 22 of Government Regulation Number 37 of 1998 concerning the Regulation of the Position of the Official Making the Land Deed which is currently updated with Government Regulation Number 24 of 2016.]]>
<![CDATA[Power of Attorney to Install Mortgages Made by Notaries in The Process of Charging Mortgage Guarantees on Ships ]]>
<![CDATA[Arum Sekar Ayurani]]>;
<![CDATA[Akhmad Budi Cahyono]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The Mortgage Deed in the process of guaranteeing ship mortgages based on Law number 17 of 2008 concerning Shipping becomes the authority of the Registrar and Registrar of Ship Transfers (hereinafter referred to as P3BK). However, the mortgage deed product issued by P3BK is considered less protective and representative of the interests of the parties, namely creditors and debtors and has the potential to cause legal problems, it is necessary for a Notary to make a Power of Attorney to Install a Mortgage (hereinafter referred to as SKMH) using an authentic deed in accordance with Article 1171 of the Civil Code. The importance of making SKMH itself is basically to represent and protect the interests of the parties and as a means of reflecting the wishes of the parties. The existence of SKMH in the process of guaranteeing ship mortgages is the choice of the parties. The function of the SKMH made currently is not only used limitedly because the parties are in a different place from the registered ship, or because the parties are unable to be present at the time the guarantee binding is carried out, but the SKMH is made because it is desired by the parties in the Mortgage binding agreement to get more benefits. special protection that is felt to be able to bridge their desires that are not fulfilled by the P3BK mortgage deed.]]>
<![CDATA[The Effect of Career Development and Emotional Intelligence on Organizational Citizenship Behavior Mediated Job Satisfaction in Employees PDAM Tirta Deli ]]>
<![CDATA[M. Topan Sahroni]]>;
<![CDATA[R. Sabrina]]>;
<![CDATA[Muis Fauzi Rambe]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[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.]]>
<![CDATA[Criminal Elements in Debt Restructuring During The Covid-19 Pandemic: Between Business Continuity and Legal Compliance ]]>
<![CDATA[Hasanal Mulkan]]>;
<![CDATA[Serlika Aprita]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The coronavirus (Covid-19) pandemic has hit the world economy, including Indonesia. In addition to direct handling of the epidemic problem, the government is also preparing to anticipate the impact of the economic slowdown caused by the pandemic. The government has issued regulations in relation to the forms of restructuring that can be carried out by banks and national financial institutions with their debtors that open up various alternative patterns of restructuring the settlement of obligations based on POJK No. 11 of 2020. This regulation has the potential to create an imbalance between creditors and debtors. The regulation provides the dominant flexibility for creditors to assess and offer forms of restructuring, so that there is the potential for an imbalance in the form of restructuring between creditors and debtors. The law enforcement scheme has its relevance to Law no. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK and PKPU). Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities. Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities. Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities.]]>
<![CDATA[The Role of Curator in Increasing The Asset Recovery Value Through The Bankruptcy Process ]]>
<![CDATA[Serlika Aprita]]>;
<![CDATA[Yonani]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Bankruptcy cases in the Commercial Court since 2004 have not shown a significant increase, this is caused by the low asset recovery value which is the responsible of the curator. This condition makes debt settlement through bankruptcy unattractive for the creditors. The research question in this study was does the ratio of the curator's legal liability for errors or negligence result losses for the debtor in the legal process of managing and settling the assets of the bankrupt debtor in supporting the increase of asset recovery in bankruptcy. This research was a prescriptive normative research. The results of the study indicates that the Curator must be responsible for errors and negligences if these are the main causes of the less optimal settlement of bankruptcy documents. From a creditor's perspective, the recovery value is an indicator of the success or failure of the bankruptcy process. If asset recovery is low, creditors only feel that they have won on paper, causing them not to be interested in going through the bankruptcy process to resolve their debt problems. It is expected that the curator in carrying out his duties in managing and settling the assets of the bankrupt debtor can increase the value of the bankruptcy assets as much as possible for the benefit of the debtor and creditors. However, up to now there is still no clarity about the limits of errors and omissions. An adequate legal structure is needed to support the smooth process of bankruptcy asset settlement and legal substance related to the arrangements for the settlement and management of bankrupt debtor assets by the curator that can support the increase of asset recovery in bankruptcy. Thus, it can be seen which legal substances are obstacles so that they can hinder settlement and management of bankrupt debtor asset by the curator.]]>
