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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 Juridical Analysis Of Conventional Or Electronic Procurement Of Goods And Services And The Role Of Government Supervisory Agency Yardie David Roringkon; Yayan Hanapi; Leni Nurmala; Yusrianto Kadir; Ibrahim Ahmad
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 (318.572 KB)

Procurement of goods and services through electronics (e-procurement) is a system that can be applied because it is more transparent, effective and efficient when compared to the conventional system of procurement of goods and services (face to face). In this article the author limits the study of the effectiveness of the application of law to the procurement of goods/services by the government which is carried out through conventional and electronic methods. In this paper, using a normative juridical method, namely analyzing the enactment of the rule of law and then describing it systematically. The current legislation regarding the procurement of goods and services through electronics can be said to be ineffective because the legal regulations have not specifically regulated this matter, both in substance and in technical implementation. So it is necessary to immediately establish a law that regulates the procurement of goods and services through electronics (e-Procurement). This regulation will be the basis for implementing e-Procurement, given the increasingly complex problems in the procurement of goods and services, these regulations continue to be adjusted and changes and improvements are made, both in terms of substance and technical supporting regulations.

Delegated Legislation In Nigeria: Taming the Wilddog While it’s Still Early Kingsley Osinachi N. Onu
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Separation of power is strong pillar of a democratic government in the world. All arms of government are expected to confine themselves to their traditional responsibilities under the law. However, modern day realities have shown that a strict adherence to this sacred principle have the tendency to grid a government to a halt. Delegated legislation is the statutory donation of law making power to a person, organ or institution other than the legislature. This practice eases of huge legislative burden on the legislature, and it is an acceptable practice globally. This paper uses a desk-based approach to examine delegated legislation in Nigeria. The paper considers the concept of power and delegation; origin of delegated legislation; arguments for and against delegated legislation; publication and control of delegated legislation in Nigeria. The paper finds that a challenge associated with the growing pace of delegated legislation in Nigeria is the possible threat to the legitimacy to legislative enactments. It further finds that there is the challenge of control of delegated legislation in Nigeria due to the absence of a formal law on rule making like the Statutory Instruments Act, 1946 of England. It concludes by recommending that a law be enacted which will detail the guideline for the making of delegated legislation with strict provisions on scrutiny by the legislature or its committee.

Analysis Of President Joko Widodo's Government Performance Using A Philosophical Approach Of Public Administration Naufal Noor Rochman
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

This paper has the intention to know how public philosophy affects public administration in building governance and better state relations with society in the future. For this reason, an analysis of President Joko Widodo's Government Performance from Year 2019 to 2024 is conducted with a philosophical approach to the axiology of public administration science. The result of the discussion is that public philosophy will improve public administration quality through public inter-dependency, public learning, and public language, which create dynamic public space and encourage public involvement and participation so that the public understands the complexity of public policy. Furthermore, increasing public understanding encourages state relations with society to be better in supporting the success of governments in building state governance in the future.

Living Hadith: The Role of Husband and Wife in Family Law Moh. Hafid; Umi Sumbulah
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

In fostering a family, of course, husband and wife both have rights and obligations in playing their role. It's just that sometimes, each party does not fully understand each other's wars. So that what happens results in the erosion of the integrity of a family. This is more in the selfish attitudes that arise when problems occur. The husband proudly assumes that he has full power over his wife so that he must treat her badly. So the wife, sometimes always demands and blames her husband for not being able to provide all his needs and desires. Whereas in the words of the Messenger of Allah it is very clear that the husband has a role as a good leader, is responsible and must be understanding. His wife also as the leader must always obey and take care of household affairs as well as possible. This study uses library research with a living hadith approach. The results achieved are that there are four patterns of husband and wife roles: 1) Senior-Junior Partner pattern, 2) Equal Partner Relationship, 3) deliberation pattern and 4) maintenance and protection pattern.

Implementation of the Principle of Restorative Justice as an Alternative Resolving to Types of Crimes in the Related Criminal System Corruption Crimes in Indonesia Wawan Fransisco
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Restorative justice is basically a criminal law approach that contains a number of traditional values. It is based on two indicators, namely the values ??on which it is based and the mechanisms it offers. This is the basis for considering why the existence of restorative justice is reckoned with.Restorative justiceais a process in which all parties with an interest in a particular violation meet together to resolve jointly to resolve together how to resolve the consequences of the violation for the benefit of the future. From this definition, it can be concluded that the settlement of a criminal act by using Restorative Justice prioritizes the occurrence of an agreement between the litigants, with the interests of the future. Restorative Justice was also introduced because the current criminal justice and criminal justice system created problems. In the current prison system, the purpose of punishment is deterrence, revenge, and suffering as a consequence of his actions. Sentence indicators are measured by the extent to which inmates (prisoners) are subject to prison regulations. more approach to security (security approach).The existence of this approach is perhaps as old as criminal law itself. In addition to imprisonment that has consequences for the families of prisoners, the current system is considered not to relieve or cure victims.Types of crimes that have been resolved through restorative justice are cases of persecution, domestic violence, arson, theft, and murder.The purpose of this research is to find out howImplementation of the Application of Restorative Justice Principles as an Alternative Solution to Types of Corruption Crimes in Indonesia and whether corruption cases can be resolved through the principle of restorative justice.This paper uses a normative legal writing method because it examines laws and regulations, literature, and papers related to the material being studied, which consists of the type of data obtained in this study is secondary data, namely data obtained from library research and documentation, which is the result of research and processing of others, which is already available in the form of literature or documentation.

Control of Delegated Legislation in Nigeria: a myth or a reality? Kingsley Osinachi N. Onu
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

It is a common saying that power corrupts and absolute power corrupts absolutely, so is the case with delegated legislation. The legislature sometimes delegates its law making power(s) statutorily to the other arms of governments/institutions or persons to aid ease of governance. The delegate, therefore, handles the deals of the power delegated with a touch of expertise and skill. This paper uses an armchair research approach to examine the control of delegated legislation in Nigeria. The paper finds that there is a challenge of control of delegated legislation in Nigeria due to the absence of a formal law on rule making like the Statutory Instruments Act, 1946 of England. It concludes by recommending that a law be enacted which will detail the guideline for making delegated legislation with strict provisions on scrutiny by the legislature or its committee.

Apathy of the Obligation to Provide Public Cemetery Facilities in Residential Areas in West Lombok Regency Habibi; I Putu Pasek Bagiartha W
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

The purpose of this study is to analyze the legal basis for the responsibility for providing funeral facilities in a residential area in West Lombok Regency and the legal force of a housing contract that does not include arrangements regarding rights to public facilities in the form of burial ground . The research used is juridical empirical. The legal basis for regulating the right to a funeral departs from the state's responsibility to provide a proper place to live according to Article 28H Paragraph (1) of the 1945 Constitution and reaffirmed in Law Number 1 of 2011 which is specifically described in Article 9 of the Regulation of the Minister of Home Affairs. Number 9 of 2009. The developer's absence of an obligation to provide a public cemetery area violates the provisions of the sale and purchase contract between the consumer and the housing developer. The cause of the violation of the obligation to provide a burial area by the developer is due to socio-economic considerations and convenience as well as marketing needs, so that it will have an impact on the potential for social conflicts experienced by residents of housing with villagers in the location where the housing is built.

Technological Advancement In The Society 5.0 Era For Notary In Indonesia: Glory Or Obsolete? Agustini; Nurlaily; Triana Dewi Seroja
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

The development of the legal profession is changing at an extraordinary speed, such as in the field of technology. The legal needs in society will be met by new entities, including technology companies that provide document creation systems and artificial intelligence systems to support legal services. But in the era of society 5.0, with digital advances and the emergence of artificial intelligence machines and big data, this eventually led to a change in the perspective and way of individuals in terms of law, which turned into an "alarm" for disruption to the legal profession, especially advocate offices. notaries, including courts, which at first were often ignored because of the emergence of artificial intelligence. This study aims to answer how the legal profession, especially the notary position, is associated with technological developments in the era of society 5.0. The research method used is normative juridical, in which the researcher examines this research by applying secondary data. The study of secondary data means the collection/study of data through literature studies, in the form of written regulations, books and journals. The author explores previous studies that discuss artificial intelligence in notary positions. The author also sees the latest developments in "competition" between the human legal profession, especially in the notary position and artificial intelligence. More sophisticated technology will replace something technological in nature, so the legal profession whose legal method is mechanical will be replaced by artificial intelligence that is faster and more accurate

Legal Protection For Online Transportation Drivers In The Case Of Fictional Order In Indonesia Denden Adith Fauzan; Yana Sukma Permana
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

The development of technology and information has penetrated all aspects of life, one of which is the problem of transportation. Transportation is an important aspect for humans in their activities. Changes in the mass transportation system infiltrated by technological sophistication make conventional methods gradually abandoned. There are several companies that provide online transportation services due to the changing times that humans use for time efficiency and effectiveness. Among them are Gojek, Grab, and Maxim who have contributed greatly to helping the community's economy by creating millions of jobs. Behind the benefits that the company presents to partners and consumers, there is a serious problem that occurs, namely the existence of fictitious orders from several unscrupulous consumers that harm drivers. This study aims to unravel the problem of fictitious orders that occur and how the legal protection for the driver is related to the case that happened to him. The conclusion is that the company's efforts to protect drivers are only limited to solving problems internally. There has been no firm action in eradicating rogue consumers because if this continues, it will disrupt the performance of driversitself. Online transportation service companies must immediately evaluate services and make SOPs that are not only preventive in nature but also repressive in resolving cases firmly and thoroughly as regulated in the Civil Code and the Consumer Protection Law.

Authority Of The Village Head In Transfer Of Rights To Traditional Land Law Perspective Land Registration Suyanto
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

The Village Head as the lowest government apparatus has very strategic tasks in assisting the Head of the Land Office in carrying out land registration including the making of land sale and purchase deeds in accordance with applicable laws and regulations. The procedure for the sale and purchase of land rights has been determined according to the applicable provisions, namely Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. The transfer of title to land that is not yet certified as buying and selling land must be proven by a deed drawn up by and in front of the official deed of land deed or PPAT. To guarantee legal certainty in the sale and purchase of land can only be done on land owned based on land rights, meaning that the object of land is validated with proof of ownership of land rights in the form of a certificate. Therefore, the task of the Village Head is expected to be a motivator for the community who hold land rights so that they have the awareness to buy and sell land in front of the PPAT rather than in front of the Village Head, because until now there are no regulations governing strict sanctions against the village head in exercising his authority regarding the transfer of rights.

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HENGKI TAMANDO

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hengki_tamando@yahoo.com

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legalbrief@isha.or.id

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Romeby Lestari Housing Complex Block C Number C14, North Sumatra, Indonesia

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Home Page

OAI Link

Editorial Team

Contact

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Abstract

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