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LEGAL BRIEF

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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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The Effectiveness of the Role of the Regional Disaster Management Agency (BPBD) in Handling COVID-19 in Gorontalo Provinc Fachry Hidayat Katili; Moh.Subhan Lapasau; Dhiva Nandhita Mohune; Syaefullah
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 (1050.28 KB)

Disaster is an event that can threaten and disrupt people's lives and livelihoods. As is happening now, namely the Corona Virus (COVID-19) disaster which has spread throughout the world. 1. The research objective is the role of BPBD in dealing with covid-19 in Gorontalo Province 2. To analyze the obstacles and obstacles faced by BPBD in handling covid-19. By using a qualitative research approach that is useful for describing how effective the Regional disaster management agency is in dealing with the Covid-19 outbreak in Gorontalo Province. This analysis technique basically consists of 3 components, namely data reduction, data presentation and withdrawal and testing of conclusions using two data sources, namely primary and secondary data. The conclusion is that the achievement of vaccination results in Gorontalo province has been growing with assistance from related parties, especially assistance from the Regional Disaster Management Agency which has made BPBD more effective in carrying out its role as secretariat of the Task Force for the Acceleration of Handling Covid-19.

Consumer Legal Protection in the Perspective Of The Standard Clause In Tinujau In The Consumer Protection Law In The City Of Ternate Rusdin Alauddin; Irham Rosyidi; Abdul Azis; Nurhadija Isa
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

This study aims to determine the inclusion of standard clauses in Supermarkets in Ternate City and consumer legal protection related to harmful standard clauses. The type of research used is juridical, a form of legal research that takes sources from library materials. However, empirical research is also needed to find out how to include standard clauses in the field to support juridical research. The study results indicate that so far, the standard clauses contained by business actors, such as supermarkets, are not entirely by the provisions stipulated in the Consumer Protection Act. This is evident from the results of the study that business actors will include unilateral provisions and submission to new or advanced regulations that can occur at any time in the future, for example, adding money or exchanging for other goods when consumers want to insist on exchanging goods that have been purchased and of course waiving the clause. Standards prohibited by the Consumer Protection Act Article 18 paragraph 1 point g. Due to the position of the parties listed in the standard clause, it is considered unbalanced or unequal between the creditor and the customer. Business actors and debtors, in this case, consumers, then are where the role of law is needed to provide legal protection for upholding justice. Therefore, it is necessary to enforce the rights of consumers by the mandate of Law Number 8 of 1999 concerning Consumer Protection Article 4, which regulates consumer rights such as the right to have their opinions and complaints heard on the goods and services used and the right to be treated or treated. Served correctly and honestly, and non-discriminatory. This is necessary for the sake of legal protection for consumers

Legal Protection For Consumers Of Refill Drinking Water In The City Of Ternate Rusdin Alauddin; Irham Rosyidi; Mardania Gazali
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 (704.346 KB)

This study aims to (1) determine the legal protection of consumers who are harmed by consuming refilled drinking water. (2) knowing the form of supervision of the relevant agencies on refill drinking water produced by refill drinking water entrepreneurs. The type of research used is juridical, a form of legal research that takes sources from library materials. However, to support the juridical research, an empirical type of research is also needed to determine how to implement the management of Drinking Water Depots. The results of this study indicate that so far, the efforts of refilling drinking water consumers in Ternate City to obtain their rights as consumers have not been maximized. This is because not many people are aware of the Consumer Protection Act. Likewise, with refill drinking, water business actors in Ternate City, not all refill drinking water depots have permits or have registered their businesses with the relevant agencies. Whereas all matters relating to drinking water depots, including the conditions for their establishment, are explicitly regulated in the Decree of the Minister of Industry and Trade Number 651/MPP/Kep/10/2004 concerning Technical Requirements for Drinking Water Depots and their Trade. The supervision of the relevant agencies on refilling drinking water produced by refilled water entrepreneurs is also not running as it should. This is due to the lack of human resources.

Analysis of Consumer Protection Regulations Against Unlicensed Cosmetics by BPOM. Case Study: Etude House Cosmetic Elvira Fitryani Pakpahan; Atika Sunarto; Dicky Alfredo Ginting
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

The purpose of this research is to analyze the regulation of consumer protection for cosmetics that are not licensed by BPOM. The research method used by the author is secondary research based on library research, laws and regulations, and related journals. The results of the study are the authors can find out that the legal protection process that has been implemented in Indonesia has been carried out properly and in accordance with existing procedures, legal remedies taken by consumers as a form of protest are more contextual because of the rapid development of technology and the role of BPOM in overcoming cosmetic products that have been circulating in the community are complex

Non-Tax State Revenue at the Directorate General of General Legal Administration in the Perspective of State Finance Law Wulan Kusumaramdhani
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

State revenue is part of the scope of State Finance which is divided into tax revenues, Non-Tax State Revenue (PNBP) and grants which are managed in the APBN mechanism. In the management of State Finances, PNBP has two functions, namely the budgeting function and the regulatory function. This study intends to find out how PNBP is managed at the Directorate General of General Legal Administration (DG AHU) in the perspective of state finance law and how PNBP is managed at the DG AHU during the Covid19 Pandemic. The research method used is normative juridical with a statutory approach supported by field studies. In addition, a quantitative approach will be used in the form of descriptive analysis using a statistical approach and effectiveness analysis to determine the management of PNBP at the Directorate General of AHU. The results obtained indicate that based on the regulation regarding the type of PNBP, the Directorate General of AHU has the right to collect PNBP originating from legal services for legal entities, general civil law, notary, inheritance, fiduciary, fingerprint taking for formulation, political parties, citizenship, citizenship status, investigators. Civil Servants, as well as Non-Legal Business Entities. Meanwhile, the management of PNBP at the Directorate General of AHU during the Covid pandemic was able to maintain an effective performance assessment with an effectiveness percentage of 82.54% in 2020 and 83.34% in 2021

Politics of Sharia Banking Law in Indonesia Muhammad Tun Samudra
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Basically, Islamic banks have the same function as conventional banks, namely as intermediate institutions that carry out their functions by collecting funds from the public, managing them, then channeling them back to people in need in the form of loans, but of course the government will not establish Islamic bank institutions if basically their functions are will be the same as conventional banks. The purpose of this study was to determine the role of legal politics on the development of Islamic banking in Indonesia. This research was structured using descriptive analysis method using a form of library research, with a detailed description of the existing facts, both in the form of secondary data, primary legal materials, and tertiary legal materials. Based on the research findings, it can be concluded that the development of Islamic banking. This can be proven by the gradual start of sharia banking regulations from when it was still a profit-sharing bank in Law Number 7 of 1992. This was further strengthened in Law Number 10 of 1998 with the term bank operating according to sharia principles. Until finally confirmed independently in Law No. 21 of 2008

Social Media Communication Strategy BusinessB-To-B in an Effort to Increase Customer Loyalty Helda Rahayu Chandra
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

A Business-to-Business (B-to-B) operation is one that demands customer loyalty. Unlike B-To-C (Business-to-Customer) Business, B-To-B (Business-to-Business) Industry has a target market of other businesses or organizations. However, the use of social media to increase B-to-B customer loyalty is still the widely discussed topic. This study aims to determine the use of social media in B-To-B businesses in building B-To-B consumer loyalty. The research was conducted on B-To-B companies which also have a target market of business customers using descriptive qualitative methods. The results of the study indicate that communication activities on social media carried out by companies are in the form of content management, advertising, and digital activities. Companies use social media to increase consumer awareness of products or services with their advertising features, and enhance brand image by presenting content that reflects the company's image. Social media is also considered to be able to increase engagement with customers through content that is considered useful for customers. Social media communication is not done to increase customer loyalty to the company. To gain customer loyalty, the company strives to provide services or products that meet customer expectations, prices that are in accordance with customer capabilities, and the total experience gained while using the service. Social media is also considered to be able to increase engagement with customers through content that is considered useful for customers. Social media communication is not done to increase customer loyalty to the company. To gain customer loyalty, the company strives to provide services or products that meet customer expectations, prices that are in accordance with customer capabilities, and the total experience gained while using the service. Social media is also considered to be able to increase engagement with customers through content that is considered useful for customers. Social media communication is not done to increase customer loyalty to the company. To gain customer loyalty, the company strives to provide services or products that meet customer expectations, prices that are in accordance with customer capabilities, and the total experience gained while using the service.

Use of Social Media as a Public Relations Strategy during the Covid-19 Pandemic in Indonesia Kartika Ratri
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

The field of Public Relations (Humas) is a field of communication carried out to establish and manage relationships with various stakeholders (stakeholders). With digitization, public relations also take advantage of the development of digital technology to establish relationships. Until the term digital public relations emerged. Since the occurrence of the Covid-19 pandemic, when the main effort to overcome the Covid-19 pandemic was to carry out physical distancing, several stakeholders such as the government, health workers, and social organizations in Indonesia have used social media in order to deal with the Covid-19 pandemic crisis. Several social media platforms such as Instagram, Twitter, to personal conversations such as Whatsapp are used. The purpose of this study is to find out how the role of the use of Social Media as a Public Relations Strategy during the Covid-19 Pandemic in Indonesia. This research method uses a meta-analysis of 9 journal articles, which will synthesize the relationship between “Digital Public Relations” and “Social Media”. Broadly speaking, "Social Media" is a "tool" used in the practice of "Digital Public Relations" which is synthesized with the findings of previous research as a theoretical basis, the practice of social media in digital public relations, and an analysis of what is happening in Indonesia over the past few years. The Covid-19 pandemic is ongoing

The Urgence of Peaceful Settlement of State Administrative Disputes Through Mediation in State Administrative Courts Hendri Darma Putra
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

The process or stages of examining State Administrative disputes at the State Administrative Court, both based on statutory regulations, as well as in judicial practice, do not include a reconciliation process between the litigants through mediation. This is different from the examination of civil cases in both the general court and religious courts, in which there is mediation between the litigants. Based on these problems, the purpose of this study is to analyze the urgency of peaceful settlement of state administrative disputes through mediation at the State Administrative Court, as well as its legitimacy. The research method used in this research is normative juridical, which is a method in normative legal research that analyzes secondary data, which is then analyzed qualitatively. The results of this research are as follows: Settlement of state administrative disputes peacefully through mediation in the Administrative Court State Enterprises are very important (urgent) as instruments to be applied to the procedural law of the State Administrative Court, so that the Procedural Law of the State Administrative Court is more comprehensive, and can fulfill the administration of justice which is simple, fast and low cost and provides greater access to the parties. in obtaining a settlement of state administrative disputes that fulfills a sense of justice, and the legitimacy of peaceful settlement of state administrative disputes through mediation at the State Administrative Court, it is necessary to make changes to the amendments to the Republic of Indonesia Law Number 5 of 1986 concerning Judiciary. State Administration, or at least amendments are made to the Regulation of the Supreme Court Number 1 of 2016 concerning Mediation Procedures in Courts, which are adjusted to the procedural law of the State Administrative Court, so that with a formal acknowledgment (legitimacy) peaceful settlement of state administrative disputes through mediation at the State Administrative Court, so that the amicable settlement of state administrative disputes through mediation at the State Administrative Court is recognized as valid.

Application of Law no. 8 of 1999 concerning Consumer Protection to Minimize Consumer Disputes Dede Hafirman Said; Azizatur Rahmah
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

The purpose of this study is to find out what efforts are made to minimize consumer disputes in ensuring legal certainty to protect consumers. The existence of a trade-in in both goods and services carried out by business actors often causes consumers to be harmed in terms of shopping which leads to a dispute between consumers and business actors. The research method used is normative juridical with a statutory approach whose data source is secondary data consisting of primary, secondary, and tertiary legal materials with data collection methods using library research. Data analysis is carried out from the hierarchy of laws and regulations. The problems in this scientific journal are aimed at how to apply Law No. 8 of 1999 concerning Consumer Protection in minimizing consumer losses, providing education to consumers, and being responsible for losses suffered by consumers. Regarding the efforts to resolve consumer disputes, it can be carried out through deliberation between the consumer and business actors, or assisted by third parties. The purpose of this study is to find out what efforts are made to minimize consumer disputes in ensuring legal certainty to protect consumers. The existence of a trade-in in both goods and services carried out by business actors often causes consumers to be harmed in terms of shopping which leads to a dispute between consumers and business actors. The research method used is normative juridical with a statutory approach whose data source is secondary data consisting of primary, secondary, and tertiary legal materials with data collection methods using library research. Data analysis is carried out from the hierarchy of laws and regulations. The problems in this scientific journal are aimed at how to apply Law No. 8 of 1999 concerning Consumer Protection in minimizing consumer losses, providing education to consumers, and being responsible for losses suffered by consumers. Regarding the efforts to resolve consumer disputes, it can be carried out through deliberation between the consumer and business actors, or assisted by third parties.

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Home Page

OAI Link

Editorial Team

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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

Abstract

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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