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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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Validity of Sanctions for Imposing Vaccination Fines Covid-19 Nurmi Aliyatul Syakira
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to determine how the legal position of Presidential Decree No. 14 of 2021 as the basis for setting up the sanctions for the Covid-19 vaccination fine and also to find out how effective the law is in setting the sanctions for the Covid-19 vaccination fine. This research is normative legal research (doctrinal law), namely legal research that examines written law in laws and regulations (law in books) or laws that are conceptualized as rules or norms that guide behavior. With data collection techniques through library research, namely reviewing relevant laws and regulations that support arguments in research and conducting observations through direct interviews with the Head of the Management and Development of the Covid-19 Vaccination Implementation and Functional Coordinator of Legal Counsel for the Mayor of Makassar. In addition to using a conceptual approach, the author also conducts library research through data and books related to the research topic. Furthermore, the data obtained were analyzed qualitatively which was then presented descriptively. The results of this study are: 1) In an emergency, the Government (President) is given the authority to make a statutory regulation to overcome the problems being faced. However, the government must still pay attention to the limits of this authority and continue to pay attention to the rules for the formation of laws and regulations. When this Presidential Regulation is considered as part of binding statutory regulations in general, not as beleidregels , this regulation should have a basis in the form of a law that regulates or PP in advance as the contents of the contents of the Presidential Regulation are material ordered by law or material to implement PP. The Birth of the Supreme Court Number 31 P/HUM/2022 which states that the provisions of Article 2 of Presidential Regulation No. 99 of 2020 does not have binding force because it is contrary to the Halal Product Guarantee Act, then immediately the provisions governing vaccine obligations also do not have binding force. 2. Provisions for regulated fines in Presidential Decree No. 14 of 2021 in fact is not implemented or enforced so that the effectiveness of this regulation also participates questionable because effective law in general can make what is designed can be realized.
Implementation of The Binding Agreement for The Sale and Purchase of Land Rights Based on a Notarial Deed in East Jakarta Dewa Ayu Sinddhisar Smaratungga; R. Ismala Dewi; Enny Koeswarni
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The binding sale and purchase agreement is a preliminary agreement on an agreement to purchase rights to land and or buildings which will later be made and ratified or signed before a notary. Where the parties who are bound by the agreement will fulfill the rights and obligations in accordance with what was conveyed and agreed upon in the binding sale and purchase agreement made. This study aims to find out about the implementation of the binding sale and purchase agreement of land rights based on a notarial deed in East Jakarta. This research is descriptive analytical with an empirical juridical approach, while the data is obtained through library research and field research. Furthermore, the data were analyzed qualitatively. From the results of this study, it will be known that the legal force of the PPJB deed of land rights made by a Notary in the implementation of making his AJB is very strong and is perfect evidence, because the deed is a notarial deed which is an authentic deed and legal protection for the parties. The existence of this PPJB depends on the content or content of the PPJB itself. If one of the parties defaults, it really depends on the strength of the PPJB made, that is, if it is made with a private deed, it is in accordance with the protection of the private deed, while if it is made by or before a Notary then the deed automatically becomes a notarial deed. which has the power of protection in accordance with the protection of the authentic deed.
Unconstitutional Legal Problems of the Job Creation Law against Local Working Patents in the Elimination of Article 20 of Law Number 13 of 2016 concerning Patents Juliani Fransiska
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Patent is a tool or tool aimed at disseminating technology and means in transferring technology so that patents can have a high social impact both through learning and economic progress of society in a country through technological developments. Patents are not only about granting the right to monopolize. However, it is also an award for technology to develop which will eventually have a good impact in the world of education and teaching as well as from the development of technology itself which aims also to increase the economic growth of the community. This method of research is normative juridical. The problem in this study is How is the problem of the application of local working after the abolition of article 20 in the UUPATEN? and then after the validity of Article 110 of the Job Creation Law for almost 1 year How is the polemic of the position of Article 20 of the UUPATEN and the achievement of TRIPs after the unconstitutional occurrence of the Job Creation Law based on the Constitutional Court Decision Number 91 / PUU-XIX / 2021? The conclusion of this study is that Article 20 of the Patent states that Bauwa requires patent holders to make products in Indonesia. So that Article 20 makes a conflict with Article 27 paragraph 1 trips agreement. the ratification of the JOB CREATION Law was then declared conditionally unconstitutional by the constitutional court and resulted in the regulations it had previously invited to patents.
The Role of Women in Preventing Corruption Saptosih Ismiati
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Women are one of the legal subjects who also influence the law enforcement in society. Currently, many women also play a role in the public sector and organizations, in addition to carrying out their roles as mothers and wives in their families. Women currently have a decisive position in both companies and professions in various fields, so that women have roles as mothers, wives, members of the community or co-workers who have dominant power, one of which is in terms of eradicating corruption in Indonesia. This research is a normative juridical method, namely legal research that refers to written regulations or other legal materials, including statutory approaches, case approaches and conceptual approaches, while the results of the study explain that, corruption is a systemic crime. and endemic, besides that corruption also has a gender dimension, where if there is no comprehensive handling and prevention efforts, it is certain that a country can suffer enormous losses. Women with all the resources that exist in themselves play an important role in the continuation of the life of the generation, women are the closest figures who shape the character of children and give color to their domestic life. Currently, the facts show that women are in the circle of corruption. The powerlessness of women in the public sphere with a corrupt system or accusations of women being one of the causes of corruption in the domestic sphere has increasingly cornered women's position. However, women also have rights and should be involved in every activity related to acts of corruption, considering that Indonesia is one of the countries in the world that has the highest corruption cases compared to several other countries, the participation of women should also be given the opportunity. the same and even more specifically in dealing with every corruption case in Indonesia. The problem of women and corruption has nothing to do with gender identity itself, because the problem of corruption is solely the duty of all citizens and the law has guaranteed it, it cannot be denied that women can also be the spearhead of a country in terms of eradicating corruption.
The Impact of Ultimate Beneficial Owner Being Declared Bankrupt on Companies Under its Control Reiza Ibrahim Saleh
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The existence of the ultimate beneficial owner became a concern after the issuance of Presidential Regulation No. 13 of 2018 concerning the Principle of Recognizing the Beneficial Owner to Prevent and Eradicate Money Laundering and Terrorism Financing as the efforts to prevent criminal acts from the company’s cash flow and trace the person who has control over the company. This paper uses a juridical-normative research method, examining the application of regulations of issues discussed in this paper. This paper discusses the impact if the ultimate beneficial owner is declared bankrupt by a court decision. From this paper, it can be concluded that the bankruptcy of the beneficial owner based on a court decision could have an impact on the shareholders composition company under their control.
Changes in the Marriage Agreement in Mixed Marriages in a Positive Indonesian Legal Perspective Moh. Asep Suharna
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Many cases may occur in some areas, where changes to the marriage agreement are made after the marriage takes place and the deed of amendment to the marriage agreement has been made by a notary. In view of Article 147 of the Civil Code which states that the Marriage Agreement is threatened with cancellation if it is not made by a Notary. The marriage agreement between the two prospective husband and wife is made, either in writing or in deed, either under the hand or in an authentic form made by an authorized public official. However, to provide maximum and binding protection for the parties concerned, the marriage agreement should be made in the form of an authentic deed. The purpose of this paper is to analyze the notary's responsibility for changes to the marriage agreement after the marriage and the legal consequences of changing the marriage agreement in mixed marriages for the husband and wife concerned and for third parties. The research method used in this research is descriptive analytical, with a normative juridical approach. This research was conducted by means of library research and field research with data collection techniques through documentation studies and interviews as well as data analysis methods used in this study using qualitative juridical analysis. Based on the results of research and discussion, the following conclusions can be drawn: First, if the notary commits an unlawful act in the amendment of the marriage agreement which causes harm to a third party, the notary must be held accountable for his actions by being subject to civil sanctions in the form of reimbursement of costs or compensation to the party who violated the law. harmed; Second, the legal consequences of changing the marriage agreement which have been ratified by the Marriage/Marriage Registrar and made in a Notary deed, will bind and apply as law for the parties and third parties with an interest in the amendment to the marriage agreement.
Criminal Policy as an Effort to Overcome the Criminal Act of Theft of Plantation Products during the Covid-19 Period Through the Criminal Law (Study of PTPN III-(Persero)) Herlina Manullang
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Criminal acts in Indonesia have increased during the COVID-19 pandemic which caused unrest in the community. One of the most common types of criminal acts during the Covid-19 pandemic is the crime of theft, all of which cause many layoffs. During 2019-2021, the number of thefts of plantation products in PTPN III during the Covid-19 pandemic increased significantly. The type of research used is empirical juridical research, while the source of legal materials used is primary legal materials and secondary source legal materials. The factors that cause the criminal act of theft of plantation products in the territory of PTPN III PERSERO are economic factors, educational factors, environmental factors, global development factors and law enforcement factors. Efforts to combat the theft of plantation products are carried out by penal and non-penal means. 
Application For Bankruptcy By Creditors Perspective Of Law Number 37 Of 2004 Concerning Bankruptcy And Suspension Of Debt Payment Obligations(Study of Decision Number 3/Pdt.Sus-Pailit/2021/PN Niaga Jkt. Pst) Muhammad Nurohim; Yusuf Hanafi; Asmaiyani Asmaiyani
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Settlement of debtors' debts to creditors through the bankruptcy process must meet the elements and requirements in filing an application for bankruptcy. In this case, the law requires that there must be two or more creditors and the non- payment of debts due to at least one creditor. The mechanism for the settlement of debtor assets in the event of bankruptcy is carried out by the Curator through several stages, namely: bankruptcy, verification meeting, making a list of debts and receivables of Bankruptcy, reconciliation and the stage of settlement of bankrupt assets. The basis for the judge's consideration in imposing a bankruptcy decision is in Decision Number 3/Pdt.Sus-Pailit/2021/PN Niaga Jkt. Pst, namely considering whether or not the conditions in the bankruptcy petition are fulfilled by the bankruptcy applicants. Apart from taking into account the circumstances in which the Bankrupt Respondent was proven to have completely failed to pay its due debt to at least one creditor.
Analysis Of Exoneration Clauses In Terms And Use Of The Tik Tok Application Reni Agustin; Arikha 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 (777.526 KB) | DOI: 10.35335/legal.v11i2.284

Abstract

Tik Tok is one of the biggest social media apps with many users. In terms of security and use of their personal data, Tik Tok ensures its users will maintain user data privacy. However, the privacy policy has an exoneration clause stating that Tik Tok cannot guarantee the security of user information transmitted through the platform. Therefore, the user himself bears the risk of any transmission. This provision contradicts Article 18 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection. This shows that Tik Tok is not fully responsible for maintaining the confidentiality of its user data. The exoneration clause is a means for Tik Tok to avoid the obligations that should be its responsibility. The terms and use of the Tik Tok application in protecting the personal data of Tik Tok users are under the Regulation of the Minister of Communication and Information Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems, but not optimally. This is due to the existence of an exoneration clause which frees Tik Tok from its responsibility for the risk of transferring its users’ personal data.
The Government's Role In Building Notary Professionalism Mustiqo Vitra Ardhiansyah; Jusuf Irianto
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

A notary is one of the legal professions that requires public trust, so a notary must be able to act professionally. Professionalism can be formed if the Notary in carrying out his duties remains guided by the Notary code of ethics and the Notary Position Act and utilizes information technology. However, the fact is that recently there have been many cases of violations committed by Notaries which ultimately violate the code of ethics and the Law on Notary Positions. For this reason, the role of the Government in minimizing violations in order to foster a professional attitude is very much needed. Based on these reviews, this study aims to examine the Government's efforts in building Notary professionalism. This study uses a normative juridical approach with data collection techniques through literature study. This study concludes that in building Notary professionalism, the Government, namely the President of the Republic of Indonesia together with the House of Representatives,stipulation of laws and regulations concerning Notary Positions, regulations concerning the establishment of the Notary Supervisory Council and Notary Honorary Council, regulations concerning the use of AHU Online, conducting guidance and supervision, as well as routine inspections. Meanwhile, if the Notary has violated the code of ethics, these agencies seek to impose sanctions as a follow-up to the violation.

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