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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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Juridical Study on Changes from Perumda to Perseroda (PT. Air Minum Giri Menang) Baiq Nunung Sukaryati Chindra; Hirsanuddin; Djumardin
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Este estudio tiene como objetivo analizar y determinar el estado de participación de capital regional presentado a Perseroda PT. Giri Gana y analiza y descubre cómo los directores son responsables de las pérdidas que se producen en la gestión de la empresa PT. Giri gana agua potable. Los resultados de este estudio son primero, el gobierno local en el contexto de la implementación de la autonomía regional puede tomar medidas y esfuerzos para aumentar las fuentes de ingresos locales con el fin de aumentar el crecimiento y desarrollo de las actividades de desarrollo en el sector económico a través de la formación y participación de locales. capital del gobierno a BUMD. El régimen jurídico de la propiedad estatal debe dividirse en "propiedad privada (dominio privado) y propiedad pública (dominio público)". En segundo lugar, el Consejo de Administración de la empresa puede ser considerado personalmente responsable de la quiebra de PT. La rendición de cuentas debe basarse en hechos jurídicos como principal requisito para impulsar la implementación de los artículos de la Ley PT y la Ley KPKPU. Los miembros de la Junta Directiva no pueden ser considerados responsables por las pérdidas de la Compañía si pueden probar ciertas acciones que han sido determinadas
Pardon's Judicial Urgency in Renewing Criminal Law in Indonesia Satria Fajar Putra Dipayana; Eva Achjani Zulfa
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 (925.857 KB) | DOI: 10.35335/legal.v11i2.342

Abstract

This paper will examine the concept of judicial pardon (forgiving judges) as a solution to the existing legal problems, which are perceived as an attempt to avoid incarceration. The law gives the judge the authority to forgive or pardon the convict without imposing a crime or action if they are influenced by certain factors. This article aims to convey the importance of the RKUHP's concept of judicial pardon to the future renewal of the criminal justice system. This article's research employs a normative, statutory, and conceptual approach to the law. The findings of this study indicate that the concept of judicial pardon can be viewed as the final gatekeeper for a case that disrupts social justice, or as a guide for the forgiveness of judges that functions as a safety valve or emergency door. Then in accordance with the noble values that exist in Indonesian society, such as those of the people of Jambi province, the Batak Karo, the Balinese, and many others. In order for future generations of Indonesians to realize the welfare and protection of the community, as a form of legal certainty in sentence execution.
Juridical Analysis of Alleged Provision of False Information in Pretrial Corruption Cases of e-KTP Rustam HS Akili
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 (1129.215 KB) | DOI: 10.35335/legal.v11i2.346

Abstract

On April 5 2017, the KPK named Miryam S Haryani as a suspect in the alleged corruption case of e-KTP with Investigation Order No. Sprint Dik-28/01/04/2017. For her actions, Miryam is suspected of violating Article 22 in conjunction with Article 35 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. On April 20, 2017, Miryam's legal team submitted a pretrial application stating that the KPK's determination of a suspect against his client was contrary to the law and the provisions of the applicable procedural law, because: a. The KPK does not have the authority to carry out investigations and investigations related to Article 22 of the Anti-Corruption Law, because Article 22 is regulated in Chapter III which is about other criminal acts related to corruption, so this is not the task and authority of the KPK as regulated in Article 6 Chapter II. KPK Law; b. The investigation into the criminal act of giving false information before the court is carried out based on article 174 of the Criminal Procedure Code; c. the determination of the suspect in the name of Miryam S Haryani was issued without two valid pieces of evidence. This study aims to determine the legal basis for determining the suspect as a pretrial object associated with the alleged criminal act of giving false information by Miryam S Haryani and to find out the authority of the KPK in investigating the case of the crime of giving false information by Miryam S Haryani in the e-KTP corruption case that was submitted for pretrial. at the South Jakarta District Court. The research method used is normative juridical, which is an approach to literature review as secondary data. The results of the study are, the legal basis for determining the suspect as an object of pretrial is the decision of the Constitutional Court no. 21/PUU-XII/2014 dated 28 April 2015, which provides prerequisites for the determination as a suspect, namely that a minimum of two pieces of evidence must be met as contained in Article 184 of the Criminal Procedure Code. If it is related to the alleged criminal act of giving false information by Miryam S Haryani, the pretrial application for the case number 47/Pid/Pra/2017/PN. Jkt. Sel, the determination of the suspect against Miryam S Haryani has been based on more than 2 (two) pieces of evidence.
The Violation of Copyright Music in the Form of Cover Song By Recording Through Social Media Related To Law Number 28 Of 2014 Concerning Copyright And Law Number 19 Of 2016 Regarding Electronic Transaction Information uyan wiryadi
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 (934.488 KB) | DOI: 10.35335/legal.v11i2.347

Abstract

The objectives of this study were to: 1) Determine whether cover songs that were recorded via social media violated Law Number 28 of 2014 Concerning Copyright in the sphere of music. 2) To identify the factors that contribute to copyright infringement when cover songs are recorded and shared on social media. This thesis was written using a statutory approach, specifically by analyzing the changes to Law Number 28 of 2014 concerning Copyright and its implications for copyright and its implementation by high state institutions and the Law of the Republic of Indonesia Number 19 of 2016 Regarding Amendments to Law Number 11 of 2008 Concerning Information and Electronic Transactions. The following are the findings of the author's research: It is a copyright infringement when someone performs a cover song on social media without permission from the artist, whether for non-commercial or commercial purposes. Among the factors influencing the occurrence of copyright infringement in Indonesia are: 1) Weak law enforcement against infringement violators. 2) Internet creations can be quickly replicated and spread internationally in a very short period of time and in big numbers. 3) There is no geographical restriction on the location of the perpetrator because a domain name or website can be viewed by anybody worldwide. 4) The procedure for inter-state events in dealing with copyright infringement on the internet, such as ascertaining who the perpetrator is and when the infringement happens (tempus delicti) and determining the legal region of the infringement (locus delicti), remains inconsistent.
Impact of Pancasila Ideology for Millennial Generation Ajat Sudrajat
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

In making the millennial generation with high character and insight, it is necessary to implement Pancasila values according to their abilities. In addition, Pancasila will also be used as a unifying medium for the millennial generation in carrying out their various daily activities, so it is fitting for this generation to have a strong and highly integrated character, especially in facing various challenges and obstacles caused by the flow of globalization. This research is a type of qualitative research, using descriptive method. As for the goal to be achieved in this research, it is to find out the extent of the impact of Pancasila ideology on the millennial generation, the results of this study explain that, to create a millennial generation with good character, it is necessary to practice Pancasila values that are in accordance with the mindset and the personality that exists in this generation, because as we previously knew, this millennial generation is very much needed for the process of progress and growth of the nation and state, especially in understanding the various characteristics and norms that exist, so it will be easy to shape the character of the generation. On the other hand, the importance of Pancasila as the state ideology is to show how Pancasila can be a moral guide in the life of the nation and state so that threats that come from outside can be prevented quickly, because the position of Pancasila is an ideology that is open to all developments of the times, so that whatever happens In the development of the times, it must be in accordance with the rules that apply in the body of Pancasila.
Disparity and Theory of Legal Ideals Against the Cancellation of the Adoption of Children in the Study of Decisions in the Indonesian General Courts Peggy Dian Septi Nur Angraini; Rizka; Aidul Fitriciada Azhari
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Arrangements for cancellation of child adoption have not been regulated such as child adoption. This problem is the judge's consideration of examining, adjudicating, and deciding on the decision to cancel the adoption decision, there is a disparity and the judge's decision to cancel the adoption decision has fulfilled the idee des recht legal certainty, expediency, and justice. The normative juridical research method is qualitative in nature referring to laws and regulations and court decisions as well as norms that live and develop in society. There were disparities in 3 (three) civil cases, the Surabaya District Court Decision Number 155/Pdt.G/2017/PN.Sby, the Kendal District Court Decision Number 7/Pdt.G/2018/PN.Kdl and the Central Java High Court Number 389 /Pdt./2018/PT.SMG, and the Decision of the Sragen District Court Number 7/Pdt.G/2020/PN. Sby and the Sragen District Court Decision Number 7/Pdt.G/2020/PN.Sgn have fulfilled the values ??of certainty, fairness, and usefulness, but the Sragen District Court's decision is still lacking in its usefulness. While the decisions of the Kendal District Court Number 7/Pdt.G/2018/PN.Kdl and the Central Java High Court Number 389/Pdt./2018/PT.SMG did not meet the values ??of certainty, fairness, and expediency. Sby and the Sragen District Court Decision Number 7/Pdt.G/2020/PN.Sgn have fulfilled the values ??of certainty, fairness, and expediency, but the Sragen District Court's decision is still lacking in its usefulness. While the decisions of the Kendal District Court Number 7/Pdt.G/2018/PN.Kdl and the Central Java High Court Number 389/Pdt./2018/PT.SMG did not meet the values ??of certainty, fairness, and expediency
Performance at the Directorate General of Politics and PUM, Ministry of Home Affairs A. Annisa Nurul Ramadhani; H. Muh. Nur Sadik; Muhammad Rusdi
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

The purpose of this study is to describe and analyze the performance of employees at the Directorate General of Politics and General Administration of the Ministry of Home Affairs regarding bureaucratic reform in improving employee performance at the Directorate General of Politics and PUM of the Ministry of Home Affairs.'' This research was carried out by the Directorate General of Politics and PUM of the Ministry of Home Affairs. This type of research is qualitative research by analyzing events and facts in the field and matching existing theories with a case study approach. Data collection techniques used are observation, interviews and documentation.” The results of the research that has been done show that; (1) The performance of bureaucratic reform employees at the Directorate General of Politics and PUM of the Ministry of Home Affairs with the bureaucratic reform seen from three areas of change: Organizational Arrangement, Improvement of the Management System, and Management of Human Resources Management System as a whole has gone well. (2) The factor of cooperation between leaders and employees in creating good performance is the key to success in realizing bureaucratic reform''.
Development of Sharia Economic Law in Indonesia (Positivation of Zakat Law) Suciyani Suciyani; Amrin Amrin
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

In this study, we describe the development of sharia economic law in Indonesia with a focus on positivizing the Zakat Law. The method used in the literature review research is descriptive analysis approach with data collection techniques in the form of literature. The data analysis is using a normative qualitative method. Zakat regulation in Indonesia is still relatively new when compared to the time when Islam entered Indonesia itself. The history of zakat regulation in Indonesia can be classified into 3 (three) periods, namely (1) Pre-Independence, Zakat is only interpreted as an obligation that is managed individually. (2) During the Old Order and New Order, zakat management in the early days of independence was not much different from the period before independence. At this time, the management of zakat was still held by individuals, mosques, educational institutions that do not have the main activity in managing zakat. The government still chooses not to interfere with religious matters, including zakat. (3) During the Reformation Era, the Government began to accommodate zakat management with the issuance of a law, namely Law no. 38 of 1999 which was replaced by Law Number 23 of 2011
Inclusion of Notary Positions on Social Media as a Form of Self-Promotion Based on The Notary Code of Ethics Avicenna Galang Muhammad; Daly Erni
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The developments of technology make interaction between humans is easier, for example in the term of using social media. The Notary use is not prohibited, but the Notary should obey to the Notary Code of Ethics as a guide to Notary behaviours. The problems that will be discussed in this study are regarding the inclusion of a Notary position on social media and the procedure for imposing sanctions by the Notary Honorary Council against Notaries who violate the Notary Code of Ethics. In order to answer this problem, a normative juridical research method with a descriptive research typology is being used. The results of the analysis show that a Notary who lists his position on social media violates Article 4 paragraph (3) of the Notary Code of Ethics. This can be reviewed based on 2 (two) factors, namely aspects of forming personal branding and the Notary Code of Ethics. The Notary Honorary Council in carrying out its authority takes action based on reports both actively and passively. In giving the number of ethical sanctions, the Notary Honorary Council refers to the quantity and quality of the violations committed by the Notary. Based on this, Notaries are still allowed to use social media without including their position on social media. For the public, if they see someone who has listed the position of a Notary on social media, they can report it to the Notary Honorary Council. In addition, there is a need for a revision of the Notary Code of Ethics, especially regarding self-promotion because it does not follow the development of science and technology.
Fulfillment of The Principle of The Best Interest of Children in The Granting of Child Marriage Dispensation in Indonesia Gina Wulandari; Tirtawening Paritkesit
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The purpose of this paper is to analyze how the fulfillment of the principle of the best interests of the child in the consideration of the Panel of Judges to provide dispensation for child marriage. Indonesia occupies the 10th position with the highest child marriage rate in the world in 2020. The National Development Planning Agency states that 1,220,900 Indonesian children are married before an early age. The problem of child marriage is indeed one of the problems that has occurred for a long time, but until now it has not been able to be solved. One of the efforts made by the Government to suppress the high number of child marriages in Indonesia is by increasing the minimum age for marriage through Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Marriage Law). The provisions in Article 7 paragraph (1) of the Marriage Law change the minimum age for marriage which was previously 16 years for women and 19 years for men to 19 years for women and men. However, the provisions in Article 7 paragraph (2) open the opportunity for marriages under the specified age to be carried out, namely requesting a dispensation from the Court on the grounds that it is very urgent.

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