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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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The Right to Bequeath a Wife in a Polygamous Marriage According to The Compilation of Islamic Law Nadya Farras Indriati; Febby Mutiara Nelson
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Marriage in Islamic law adheres to an open monogamy system, where a man is allowed to have more than one wife.  Marriage has an influence on inheritance.  The legal consequences that arise due to death are the emergence of rights and obligations.  One of the inheritance problems occurs because of polygamous marriages.  So the formulation of the problem in this paper regarding the rights of a wife and child from polygamous marriages according to the Compilation of Islamic Law in the case of the decision of the Religious Court Number: XX /Pdt.G/2013/PA.Bks.  This research was conducted using a normative juridical research method with secondary data collection sourced from books related to the distribution of inheritance in polygamous marriages, as well as looking at the normative aspects in Law Number 1 of 1974, Compilation of Islamic Law, Decision of the Bekasi Religious Court  No.  XX /Pdt.G/2013/PA.Bks.  Data analysis in this study was carried out qualitatively with deductive conclusions.  The conclusion of this study is that it is possible for wives from polygamous marriages to jointly obtain property and inheritance from their husbands as regulated in Article 190 of the Compilation of Islamic Law and children from polygamous marriages are entitled to inherit property.
The Notary's Liability Who Participated Doing Unlawful Acts in Making The Deed of Guarantee Submission Agreement Based on The Case Study of Decision Number 61/PDT.G/2019/PN.GIN Bedita Putri Sa’idah; Pieter Everhardus Latumeten
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

A notary is a public official who is authorized by the state to make an authentic deed. If one of the parties feels aggrieved by the deed made by the Notary, that party can sue the Notary for the unlawful act committed. Notaries as public officials who have an important role in people's lives. In carrying out his position, it is not enough for a Notary to only have legal expertise but must also be based on responsibility and appreciation of the nobility of dignity and ethics. Its role and authority are very important for legal traffic in society. Therefore, a notary must carry out his profession professionally, highly dedicated and uphold the dignity and worth of by upholding the code of ethics of a notary. By enforcing the notary's code of ethics, it is very important for the notary to better understand the extent to which the act can be regarded as a violation of the code of ethics, and provide education so that things do not happen that can harm the notary and the community he serves. This study aims to examine the accountability of the Notary to the deed of guarantee delivery agreement that he has made based on Decision Number 61/Pdt.G/2019/PN.Gin. This research uses In this study the legal research method used is normative juridical. The approach used is a statutory approach. The analytical method used is qualitative, and the results of the research used are analytical explanatory. The findings in this study are the responsibility of the notary in making the guarantee agreement deed, proven to have committed an unlawful act and violated the provisions of Article 1365 of the Civil Code. The legal consequences given are the cancellation of the deed and dishonorable dismissal. It is recommended that the notary be more careful in making the deed so that problems do not occur in the future.
The Use of Electronic Signatures and Seals in Notarial Deeds According to the Principle of Tablelionis Officium Fideliter Exercebo Nisrina Anrika Nirmalapurie; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The notary as the official authorized to make authentic deeds in carrying out his duties must work traditionally due to the principle of Tabellionis Officium Fideliter Exercebo. Technological developments and the needs of the community make making agreements today easier and more concise, namely by using electronic signatures and seals in an agreement. The question that arises from this background is whether the use of electronic signatures and seals is under the principle adopted by a notary, namely the Tabellionis Officium Fideliter Exercebo principle. The result of this research is that the use of electronic signatures cannot be applied because the legislation does not allow certified digital signature on notarial deeds so the use of digital signatures on notarial deeds is not following the principle of the Tablelionis Officium Fideliter Exercebo, while the use of electronic seals can be carried out and does not conflict with this principle because apart from the stamp duty, it is not a requirement for the validity of a deed, the use of an electronic seal in a notarial deed is also possible under the Stamp Duty Act.
Liability of The Land Deed Making Officer (P PAT) as a General Officer for The Cancellation of The Sale and Purchase Deed Due to Unlawful Acts Christy Monaita Martanti; Yoni Agus Setyono
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The Land Deed Maker Official (PPAT) is a public official who is authorized to make authentic deeds regarding certain legal actions in terms of the transfer of land rights, one of which is the deed of sale and purchase. In relation to its authority, PPAT is required to be responsible for the deed made and must uphold the dignity of the profession. In carrying out his profession, there are still violations committed by PPAT such as making a sale and purchase deed that is illegal (onrechtmatige daad), which results in the deed being null and void by a court decision. The research method used is normative legal research. The results of this research discussion are PPAT's responsibility for unlawful acts in carrying out their profession, namely the imposition of administrative sanctions. As for the deed which is declared null and void by a court decision, it is deemed to have never existed. That is, from the beginning the law considered that there had never been a sale and purchase.
The Obligations for Consularization and Legalization of Credit Guarantee Documents Signed in Singapore based on the Regulation of the Minister of Foreign Affairs of the Republic of Indonesia Number 13 of 2019 concerning Procedures for Legalization of Documents at the Ministry of Foreign Affairs (Case Study of PT X Guarantee Document at Bank Y) Gravita Sari Rahajaan; Arman nefi
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

In its implementation, the provision of bank credit cannot be separated from the guarantee provided by the debtor. One type of guarantee that is generally given in the implementation of lending is in the form of a cash guarantee in the guarantor's account which is tied to a pawn account and the signing of an account pawn agreement between the guarantor and the Bank, however, it is not uncommon to find situations where the guarantor will sign the agreement. This pawn is not in Indonesia. Upon the signing of this document abroad, Minister of Foreign Affairs Regulation No. 13/2019 requires the legalization and consularization of these documents, however, with the ratification of the Apostille provisions, there is a view that foreign documents do not need to go through the legalization and consularization process. Therefore, a study was conducted to determine how the validity of foreign documents in the process of granting credit did not go through the consularization and legalization process, and how the consularization and legalization obligations were with the ratification of the apostille convention. This research is a normative juridical research with analytical descriptive typology. The legal materials used are primary and secondary legal materials to be analyzed by qualitative methods. Based on this research, it can be said that the implementation of consularization and legalization of documents in Indonesia does not have a direct sanction and has no effect on the document. And with the ratification of the apostile convention, legalization and consularization of foreign documents is no longer required, however, for documents directly related to commercial activities, consularization and legalization are still mandatory.
Legal Remedies for Notary Involvement in Land Mafia Cases (Case Study of Verdict Number 272/PID/2021/PT DKI) Aldian Kukuh Trisetiyadi; Muhammad Sofyan Pulungan
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Land is one of the valuable assets, because it has a high economic value. Land is a vital object in human life, because it has various values. Due to the high demand for land, it triggers the number of land mafias. The land mafia mode is to issue land evidence, manipulate cases and pretend to carry out land sales and purchase transactions. If someone wants to make a sale and purchase, someone is needed in the process of making the Sale and Purchase Deed. In the case of the land mafia that is currently rife, they will later work with a notary to process the AJB. The provisions of the Law on Notary Positions and this Code of Ethics have regulated the obligations and prohibitions of a Notary in carrying out his duties. The form of research used in this research is normative juridical research, namely research that refers to theories and laws and regulations related to this research. If there is a violation committed by a Notary which has been prohibited by laws and regulations. The notary will be subject to a code of ethics sanction as well as sanctions in the Notary Position Act. There are several efforts that can be done to eradicate the land mafia that is so rampant in Indonesia: 1) take firm action against the land mafia actors; 2) improve the integrity and professionalism of the apparatus; 3) improve cooperation/coordination between apparatus in handling and eradicating land mafia; 4) carry out land certification.
BPJS Membership as The Terms for The Transfer of Land Rights Registration Due to Sale and Purchase by a Limited Company Choirunnisa Aprilita Andan; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Land rights can be granted to individual legal subjects (natuurlijk person) and legal entities (Recht person). BPJS membership as a term for the transfer of land rights registration due to sale and purchase made by Limited Company after the issuance of Presidential Instruction (Inpres) Number 1 of 2020 about the Optimization of Jaminan Kesehatan Nasional (known as JKN, the national health insurance) Implementation. The focus of this research is the implementation of the BPJS membership requirement for transfer of land rights registration due to sale and purchase that is applied for Limited Company. The method used in this research is juridical normative and literature reviews on relevant legal literature. The result of this research shows that BPJS membership is also applied as the terms for Limited Company as the purchaser. The required BPJS membership attached is owned by the member of the Limited Company who is appointed as the representative of the Limited Company.
Execution of Scriplee Shares Secured in Fiduciary Security Following the Enactment of The Constitutional Court Decision Number 18/PUU-XVII/2019 Sabrina Fauzanazila; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Shares, as one of the securities traded on the Share exchange, can be issued in scripless form and the transaction settlement shall be carried out using book-entry settlement. The ownership of the scripless Share shall be evidenced in an electronic form, i.e. the ownership account at The Indonesia Central Securities Depository (KSEI) as the Depository and Settlement Institution in the  Indonesian Capital Market. As a movable object, shares can be used as debt collateral, one of which mechanism shall use fiduciary security. However, In a fiduciary security system, the control of such collateral remains with the fiduciary grantor. In terms of scripless Share collateral, KSEI will block the pledged shares in KSEI’s account, therefore, the shareholder shall have no longer control over such shares. The position of the fiduciary grantee is prioritized over other creditors due to the executorial power deemed having the same legal force as a legally bound court decision. However, following the enactment of the Constitutional Court Decision Number 18/PUU-XVII/2019 regarding the judicial review of Law No. 42 of 1999 concerning Fiduciary Guarantees, there is a provision that any fiduciary execution cannot be carried out without an agreement among the parties regarding the default by the borrower. The method used in this research is descriptive-analytical using a normative juridical approach bu utilizing secondary data i.e. regulations in capital market, fiduciary security and Constitution Court Judicial Review Decree.
Juridical Review on Police Repressive Action in Wadas Village National Strategic Project Hanifah Nur Ramadhanti; Dini Mardhatillah; Reyhana Nabila Ismail
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (722.934 KB) | DOI: 10.35335/legal.v11i3.292

Abstract

Non-violence right has been guaranteed by some regulation. However, in fact, many acts of violence are conducted by law enforcers, in this case the police, such as the cases of Wadas Village. This inspires authors to conduct research on repressive law enforcement that has violated procedures. The research method used is empirical juridical with an statue approach and a case approach. The results of this study indicate that many arbitrary arrests were accompanied by violence during the PSN implementation in Wadas Village. Executions conducted at Wadas must refer from procedural aspects so that they are in line with the protection of human rights.  therefore, authors conclude there is need strict sanction from the Police to members who violate human rights.  Meanwhile, the victim can apply to LPSK for compensation.
Existence Of The Towani Tolotang Community Based On Atr Candy Number 18 Of 2019 Heri Heril; Andi Suriyaman M Pide; Sri Susyanti Nur
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

The Towani Tolotang community has for generations passed on and maintained the culture and beliefs that originated from its ancestors. The passage of time is quite long, proving that their community is able to survive all the influences and penetrations of other cultures that surround from all timelines. The purpose of this study is to determine the existence of the Towani Tolotang community based on the ATR Regulation Number 18 of 2019. This research is an empirical legal research, with primary and secondary data sources and analyzed descriptively. The results of the study concluded that the Towani Tolotang community cannot be said to be an indigenous law community, because of the non-fulfillment of the creteria listed in article 2 paragraph 2, Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 18 of 2019. Such as not having controlled indigenous territories and clear customary institutions. However, the Towani Tolotang community can be said to be an ordinary indigenous people, where they still have communally controlled areas that are only used as religious activities and traditional ceremonies and have Uwa' and Uwatta as the traditional stakeholders who are the highest decision-making among them.

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