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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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Optimization of SIAP KAKA Application for the Implementation of the Tramtibum to the Community by the Pamong Praja Police Unit, North Kalimantan Province Chendy Franklin Tan; Adyan Yanuar Ramadha; Selamet Dwi Purwantomo; Mujahidin
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The Civil Service Police Unit is a regional government apparatus in maintaining public order and peace and protecting the community as well as enforcing regional regulations and regional head regulations that take place dealing with the community. In helping to carry out these main tasks and functions, the Satpol PP of North Kalimantan Province made an application of the Strategy for Control of Public Order and Public Order (SIAP KAKA), the application (SIAP KAKA) is an application service whose job is to monitor conditions around areas/areas that are prone to Tramtibum violations via Circuit Closed Television (CCTV) based on Information Technology (IT) which is installed at various street corner points and at traffic lights. The purpose of this study was to determine the optimization of the SIAP KAKA application to facilitate supervision and control of the community by the Civil Service Police Unit of North Kalimantan Province. The method used in this scientific study is descriptive qualitative using a literature study approach, namely in collecting information and data, conducting a review of literature books and information from various internet. The results obtained show that the optimization of the SIAP KAKA application in supporting the implementation of the tasks and functions of the Satpol PP in Tramtibum is very easy and helpful, but there are still some obstacles that cause the SIAP KAKA application to not work properly, one of which is a budget problem.
Monitoring of Forest and Land Fires by the Regional Disaster Management Agency of South Kalimantan Province through the LAPAN Application: Fire Hotspot Muhammad Shaufi Taqiyuddin; Ahmad Robiansyah Awaly; Muhammad Dheva Aditama; Annisa Zahra; Marshela Manurung; Mujahidin
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

As a country that has a very high potential related to forest and land fires (karhutla), Indonesia especially South Kalimantan Province needs to have media that can be used in efforts to manage disasters such as forest and land fires more effectively. The benefit of this study is to find out the efforts of the South Kalimantan Disaster Management Agency (BPBD) in tackling the karhutla disaster that occurred. The method used is a descriptive qualitative study which is carried out through the study of literature related to the topic of discussion, journals, articles, books, to research results. The result of our study to show up how the utility of LAPAN : Fire Hotspot as one of the ICT-based media in dealing with disasters such as forest and land fires has various benefits and great advantages. This media can provide an overview related to disasters, especially forest and land fires such as statistical data, risk indexes, and spatial planning. From this study, we can be conclude this LAPAN : Fire Hotspot will have great benefits if it is used properly by the community, government, and other interested parties. Therefore, it is necessary to provide sufficient literacy and information regarding the use of this application, especially to the South Kalimantan BPBD as the front guard in tackling the problem of forest fires in South Kalimantan.
Land Status Arises Law (Aanslibbing) Which Is Controlled By The People Of Muarabaru Village, Cilamaya Wetan Kabupaten Karawang District, Is Associated With Government Regulation No. 16 Of 2004 Concerning Land Stewardship Saim Aksinuddin
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 find out and analyze how land status arises law (aanslibbing) which is controlled by the people of muarabaru village, cilamaya wetan kabupaten karawang district, is associated with government regulation no. 16 of 2004 concerning land stewardship. The research used is descriptive analysis, which describes systematically the data on the problem to be discussed. Analytical descriptive specifications of research methods aimed at describing the facts that occur, and not only describe the results of the research, but also examine in line with government regulation number 16 of 2004 concerning land stewardship and other laws and regulations as well as legal theory and practice of implementing positive law, so that answers can be found to the problem of legal protection of land tenure arises. The results of the study prove Legal Status of Emerging Land (Aanslibbing) Controlled, Mechanism for Obtaining Arisen Land (Aanslibbing) According to the Customs of the People, And Settlement arising from land arises (Aanslibbing) which is controlled by the community of Muarabaru Village, Cilamaya Wetan District, Karawang Regency.
Intellectual Rights Protection Law in the Technology Era: Academialogy Integrity Studies Gunawan Widjaja
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 (824.233 KB) | DOI: 10.35335/legal.v11i2.298

Abstract

Technology and science advances have impacted all sectors of life, including business, health, and education. This development is not only related to business affairs because it has an impact on the law, especially the protection of Copyright or intellectual rights. This study will discuss copyright protection in academic philosophical works in an era where technology is developing very quickly, impacting the increasing prevalence of electronic plagiarism. To facilitate this discussion, our data search was carried out using a qualitative approach: collecting all data from literature sources related to books, published articles, and other data sources. After collecting the data, the next effort is to examine it to get relevant answers to discuss. The attempt to answer the problems of this study is by using a cultural study approach, analyzing data, interpreting data, and drawing conclusions that meet the requirements of valid data findings. Finally, this study concludes that the results include, among others, the state has prepared rules in the form of protection of intellectual property rights which are described as one of the most fundamental rights in which the government has a role in protecting in the form of legal assistance so that all copyright documents can be protected. With this legal protection, the state respects the efforts of a person's Copyright with economic value and prevents all forms of copyright infringement.
Land Status Arises Law (Aanslibbing) Which Is Controlled By The People Of Muarabaru Village, Cilamaya Wetan Kabupaten Karawang District, Is Associated With Government Regulation No. 16 Of 2004 Concerning Land Stewardship Saim Aksinuddin
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 (779.942 KB) | DOI: 10.35335/legal.v11i2.302

Abstract

The purpose of this study was to find out and analyze how land status arises law (aanslibbing) which is controlled by the people of muarabaru village, cilamaya wetan kabupaten karawang district, is associated with government regulation no. 16 of 2004 concerning land stewardship. The research used is descriptive analysis, which describes systematically the data on the problem to be discussed. Analytical descriptive specifications of research methods aimed at describing the facts that occur, and not only describe the results of the research, but also examine in line with government regulation number 16 of 2004 concerning land stewardship and other laws and regulations as well as legal theory and practice of implementing positive law, so that answers can be found to the problem of legal protection of land tenure arises. The results of the study prove Legal Status of Emerging Land (Aanslibbing) Controlled, Mechanism for Obtaining Arisen Land (Aanslibbing) According to the Customs of the People, And Settlement arising from land arises (Aanslibbing) which is controlled by the community of Muarabaru Village, Cilamaya Wetan District, Karawang Regency
Law Enforcement Against Mill Criminal Activities During The Implementation Of Ppkm In West Java Yani Swakotama; Joko T. Suroso; Edy Santoso
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 (974.018 KB) | DOI: 10.35335/legal.v11i2.303

Abstract

The implementation of Community Activity Restrictions (PPKM) in its implementation is still not effective based on data, that as of April 8, 2021 the number of people who were positively exposed to Coronavirus Disease-19 (Covid-19) spread across various provinces in Indonesia, amounting to 1,552,880 people, with recovery infected patients amounted to 1,399,382 people and the number of deaths was 42,227 people in Indonesia. In addition, there are cases of PPKM violations during the Covid-19 pandemic on West Java Provincial Regulation Number 05 of 2021 concerning the Implementation of Peace, Public Order and Community Protection, as happened in the jurisdiction of the Purwakarta District Court which has decided the case with Decision Number 19 /Pid.C/2021/PN.Pwk. jo. Decision Number 28/Pid.C/2021/PN.Pwk. The method used is normative juridical with descriptive analytical research specifications with data collection techniques carried out through document studies and interviews which are then analyzed by qualitative normative methods without using mathematical formulas and numbers. Based on the results of the research, that in practice in the field it is resolved through the Court although it is still not effective.
Effect of Occupational Safety, Health (K3) and Leadership Style on Employee Work Productivity Mediated by Discipline in Operations PTPN IV Balimbingan Hazmanan Khair; R.Sabrina; Rizki Wulanita Batubara
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (697.551 KB) | DOI: 10.35335/legal.v11i1.304

Abstract

This study aims to determine the effect of occupational health safety (K3) and leadership style on employee work productivity mediated by employee discipline in the operational section of PTPN IV Balimbingan. The research method used is quantitative research, where the variables are measured using a Likert scale. The number of samples in this study was 39 employees of the operational section of PTPN IV Balimbingan. Data collection techniques used in this research are document studies and questionnaires. The data analysis technique used Structural Equation Modeling (SEM) using Smart-PLS. The results of the study indicate that (1) Safety and occupational health (K3) has a significant effect on the work productivity of employees at PTPN IV Balimbingan. (2) Directly safe, occupational health (K3) has a significant effect on employee discipline at PTPN IV Balimbingan. (3) Directly leadership style has a significant effect on employee work productivity at PTPN IV Balimbingan. (4) Directly leadership style has a significant effect on employee discipline at PTPN IV Balimbingan. (5) Directly discipline has a significant effect on work productivity at PT. Nusantara IV Balimbingan Plantation. (6) Indirectly safety, and occupational health (K3) significantly influence work productivity through employee discipline at PTPN IV Balimbingan. In other words, discipline acts as a mediator between occupational safety and health (K3) on work productivity. (7) Indirectly, leadership style has a significant effect on work productivity through the discipline of PTPN IV Balimbingan employees. In other words, discipline acts as a mediator between leadership style and work productivity. This study was only limited by three factors, namely: occupational health safety (K3), leadership style, and discipline. Besides, this study also limits the discipline variable as a mediating variable. Further research can discuss other variables such as motivation, work environment, work ethic, skills, education, and so on. This research is limited only to employees of the operational division.
Policy Implementation Of Family Welfare Empowerment Program (Pkk) In Improving Women's Empowerment In Sukamantri Village, Cisaat District, Sukabumi Regency Santi Legianti Sutandi
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 (888.387 KB) | DOI: 10.35335/legal.v11i2.307

Abstract

Building a development program in the community, in its implementation it is very important to pay attention to who the participants will receive empowerment. This is intended so that the reception of information becomes balanced and equal between participants who have different ways of thinking as a result of different life experiences. This is done so that the community development programs that are implemented can be implemented properly. DIn this case, the focus of the research focuses on the issue of implementing the Family Welfare Empowerment Program (PKK) policy in Sukamantri Village which is related to women's empowerment. In qualitative research, the problem brought by the researcher is still dim, even dark, complex and dynamic.” Therefore, problems in qualitative research are still temporary, tentative and will develop or change after the researcher is in the field.
Legal Protection For Unregistered Mark in Indonesia Dania Agustina; Ratih Kemala
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Mark is a sign that identifies an item. Based on the elements in it, the Mark has a distinguishing power and is used in the context of trading goods or services. In Indonesia, trademarks are protected under the first to file system. This means that a ‘protected mark’ is a mark that has been registered with the Directorate General of Intellectual Property (DJKI) or trademarks declared as ‘well-known mark’. However, currently there are many products whose marks have not been registered with the DJKI. Legal problems often occur when an ‘unregistered mark’ turns out to have similar elements to a ‘well-known foreign marks’ that has been previously registered with the DJKI. This certainly has an impact on the continuity of the mark's business of ‘unregistered marks’. Thus, this journal raises issues, including how the mechanism for registering mark/trademarks is based on the current regulations in Indonesia, and how the protection for the ’unregistered mark’ in Indonesia, with examples of cases of the ‘unregistered mark’ having similar elements to ‘well-known foreign mark’ in Indonesia. The purpose of this study is to find out how the provisions for trademark registration are and to find out how to protect ‘unregistered mark’ in Indonesia. The type of this research is a normative juridical method. The results indicate that mark registration in Indonesia can be carried out in two ways, namely through domestic trademark registration and registration based on the Madrid protocol. Both of these methods now can be submitted through the official DJKI website, namely https://www.dgip.go.id/. As for the ‘unregistered mark’ in Indonesia, there is currently no legal regulation to protect them. The ‘unregistered mark’ has to register through the official website of the DJKI. Regarding if the ‘unregistered mark’ has similarities with a ‘well-known foreign mark’, the owner of the ‘unregistered mark’ must check whether administratively the ‘well-known foreign mark’ has been registered or not, or the protection period has expired, and so on to become an opportunity to be applied for. Even though, in the end was DJKI would decide the decision on the submitted application.
The Impact of The Decision of the Constitutional Court Number 91/puu-xviii/2020 on The Establishment of Regional Regulations Concerning Levies Building Approval Satria Adhitama Sukma; Fitriani Ahlan Sjarif
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Government Regulation Number 16 of 2021 concerning Implementing Regulations of Law Number 28 of 2002 concerning Buildings orders the establishment of a Regional Regulation concerning Retribution for Building Approval within a period of 6 (six) months. Before all Regional Governments had time to form a Regional Regulation on Building Approval Levy, the Constitutional Court issued Decision Number 91/PUU-XVIII/2020 on the Review of Law Number 11 of 2020 concerning Job Creation. The decision does not justify the establishment of implementing regulations of Law Number 11 of 2020 concerning Job Creation for 2 years until the law is finish repaired. So, what is the impact of the Constitutional Court's Decision Number 91/PUU-XVIII/2020 on the formation of Regional Regulations concerning Retribution for Building Approval? How does the Ministry of Home Affairs see the problem of the Regional Government that has not yet formed a Regional Regulation on Retribution for Building Approval? How are the Policy Regulations that have been issued by the Ministry of Home Affairs seen from the Science of Legislation? Through the normative juridical method, it was concluded that the Constitutional Court's decision caused new turmoil for the Regional Government which at that time was still adapting to the new system. The Ministry of Home Affairs then issued Instruction Number 68 of 2021 which ordered the Regional Government to continue the process of forming a regional regulation implementing the Job Creation Law. However, after that, the Minister of Home Affairs along with 3 other Ministers actually issued a Circular Letter which actually extended the time period for the formation of the Regional Regulation concerning Retribution for Building Approval until 2024. From a legal perspective, about Instruction Number 68 of 2021 seems to be interpreted as a follow-up to the Decision of the Constitutional Court Number 91/PUU-XVIII/2020, although there are also policy regulations in the form of a Joint Circular of 4 Ministers provide a time limit who different from Government Regulation Number 16 of 2021 concerning Implementing Regulations of Law Number 28 of 2002 concerning Buildings.

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