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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 877 Documents
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Implementation Of Immigration Policy On Foreign Workers During The Covid-19 Pandemic Dimas Sutan Firmansyah Agam; I Dewa Gede Mahesa Pradnyadinata; Nurshifa Namira Jafarisy
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

As there is foreign worker (TKA), it is also a foreign investment with the aim for the welfare of the people in Indonesia. This is stated in Law No. 13 of 2003 related to Employment which provides labor protection where the basic rights are guaranteed by the company and there is no discrimination between workers. With the impact of the covid pandemic in Indonesia, of course, Immigration becomes an important role in dealing with the pandemic by limiting the movement related to people traffic in the territory of Indonesia both for foreigners with tourist destinations and up to foreign workers, surely is a major change and shift to the order of life both in terms of health, social and economic. This research uses normative type research, which is included in deductive research where it starts from an analysis of provisions related to laws and regulations that regulate the issue of immigration implementation at the time of pandemic. The focus of this research is on Foreign Workers (TKA) who wants to enter the territory of Indonesia. The data used is secondary data generated through the assessment of the literature related to this study.
Differences Flow OfDetantion In Immigration Office Of SoekarnoHatta And The Immigration Detention House Of Jakarta Muhammad Anugerah Ariyanto; Rinaldi Rachmansyah Putra
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Migration Violations committed by foreign nationals must be subject on Immigration Administrative Actions (TAK). Foreigners who are subject to TAK are placed in the Immigration Detention Room located at The Immigration Office such as The Immigration Office of SoekarnoHatta, while in the Detention Room, foreign are attempted to be deported but if 30 days pass, they will be transferred to Rudenim for detention. This research method uses normative-empirical methods in conducting observations to clarify what function of each both. The results of this research are the differences in the flow of detention between The SoekarnoHatta detention room and Rudenim of Jakarta. Suggestion that can be given from this research should be to optimize the detention room facilities at The Immigration Office.
The Crime of Sexual Intercourse Against Children Criminology and Victimology Perspective I Made Wahyu Chandra Satriana; Ni Made Liana Dewi
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The crime of sexual intercourse is a type of crime related to a person's sexual activity with another person who is helpless, such as children or women. Within the jurisdiction of the Bali Police, the prevention of the crime of sexual intercourse with children is viewed from the criminological and victimological aspects. This research is an empirical legal research. The approach method used is the criminological approach, victimological approach, case approach, and fact approach. Using primary and secondary data obtained by means of interviews and document studies. Factors causing the occurrence of criminal acts of sexual intercourse with children are caused by internal and external factors. Internal factors are caused by mental weakness while external factors are caused by lack of attention from parents to children, economic factors, environment, technology, alcoholic beverages. Efforts to overcome the crime of sexual intercourse with children are carried out through preventive and repressive efforts.
Legal Protection Of Persons With Disabilities In Education Ary Dwi Kurniawan; Imam Budi Santoso; Pri Pambudi Teguh
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Protection and guarantee of human rights are not only necessary for normal citizens but also for persons with disabilities, namely people who have physical, mental, intellectual, or sensory limitations. In reality, there are still many people with disabilities who are discriminated against in relation to the fulfillment of the right to education, employment, public facilities such as transportation, places of worship, places of entertainment, and equality before the law. The problem of this research is how are the efforts of the Karawang Regency government in fulfilling the rights of persons with disabilities in the field of education? What is the policy for educators to educate people with disabilities? Are there any differences that the Karawang Regency government applies in fulfilling the rights of persons with disabilities and children with special needs?
Study On Government Policy In Managing The Corona Disease Virus Pandemi 2019 (Covid-19) In Indonesia Budiman; Imam Budi Santoso; Holyness N. Singadimedja
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The current development of the Covid-19 pandemic is very worrying where there is an increase in special corona cases in Indonesia. This study aims to identify and analyze the policies taken by the government in handling the Covid-19 pandemic and the steps taken by the government to mitigate the impacts, especially the economic and social impacts of the Covid-19 pandemic. The legal research method used is the normative legal research method. The approach used in this research is a statutory approach and a conceptual approach. This research is based on the legislation governing the handling and handling of the Covid-19 pandemic as well as an analysis of the concept of establishing these laws and regulations. The results of this study are in the context of handling Covid-19, starting with the government issuing a policy on Large-Scale Social Restrictions which refers to Law Number 6 of 2018 concerning Health Quarantine. The implementing regulations are Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions, as well as the Presidential Decree on Health Emergencies. Until now, the government has issued a PPKM policy which is carried out regularly. To address the economic and social impact of Covid-19, the government has taken several policies, including: Regulation of the Minister of Finance of the Republic of Indonesia Number 23/Pmk.03/2020 concerning Tax Incentives for Taxpayers Affected by the Coona Virus Outbreak; Regulation of the Financial Services Authority of the Republic of Indonesia Number 11 /Pojk.03/2020 concerning National Economic Stimulus as a Countercyclical Policy for the Impact of the Spread of Corona Virus Disease2019; and Instruction of the President of the Republic of Indonesia Number 4 of 2020 concerning Refocussing of Activities, Reallocation of Budgets, and Procurement of Goods and Services in the Context of Accelerating Handling of Corona Virus Disease 2019 (Covid-19).
Policy Of Specific Time Working Agreement (Pkwt) On Law Number 11 Of 2020 Concerning Creation Work In Welfare Perspective Social And Subjective Sutrisno; Imam Budi Santoso; Holyness N. Singadimedja
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

There are two types of work agreement issues as regulated in the Manpower Act which qualifies work agreements, namely, a Specific Time Work Agreement (PKWT) and an Indefinite Work Agreement. Specific Time (PKWT) in Law Number 11 of 2020 concerning Job Creation in Social Welfare and Subjective Perspectives. This research was conducted using a normative juridical approach, namely an approach that focuses on research and studies through theories and legal principles, as well as legislation on employment, especially related to non-permanent workers (PKWT) as regulated in the Job Creation Act. the policy of Specific Time Work Agreements (PKWT) in Law Number 11 of 2020 concerning Job Creation in the perspective of social and subjective welfare related to the goals of labor development in Indonesia has not been achieved optimally, because workers still feel they are being treated unfairly. This PKWT status does not provide legal certainty and a sense of security for the right to work guaranteed by the State. This PKWT status if viewed from the aspect of social welfare does not reflect welfare because at any time the entrepreneur can terminate it without any guarantee of welfare for his life and if it occurs as a whole it will lead to poverty and the feasibility of a prosperous life as mandated by the constitution
Polemic of Illegal Foreign Workers in Indonesia Adelin Yovita Egia; Asrul Anggara Siregar; Muhammad Riyando Frezy
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Every human being has fundamental rights in the form of a decent living, one of which can be obtained by getting a decent job; for a job that is deemed worthy, everyone must try in various ways that are legal and legal, following applicable laws and norms. Problems regarding employment are not only felt domestically, but many countries in the world are experiencing employment problems in the form of uneven employment opportunities resulting in new situations, namely, to overcome this with advanced technology, as well as information that migrates both to find work and start a life. A new one which is more worthy than the last place. This causes many migrant workers to spread worldwide, both Indonesian citizens who become foreign workers in other countries and foreigners who become foreign workers in Indonesia. The phenomenon of the current workforce has become the attention of the Indonesian people; this is caused by foreign workers entering Indonesia; it can be said that the entry of foreign workers causes social jealousy of the community. Apart from the existence of social jealousy in society, the phenomenon of foreign workers also raises another problem, namely the security of the state, which is felt to be the possibility of foreign workers. There are many factors and influences on the number of illegal foreign workers in Indonesia.
Authority Of Bawaslu In Election Law Enforcement And Justice (Analysis Of Handling Of Election Administrative Violations Through Adjudication) Khoirudin; Imam Budi Santoso; Pri Pambudi Teguh
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

One indicator of a democratic rule of law is general elections to ensure the sovereignty of the people, democratic elections are elections that run in accordance with the electoral legal framework. The implementation of elections has its own legal character, different from other laws, therefore, the legal framework for elections must be able to guarantee the rights of the people in elections, so that law enforcement and election justice can run upright and straight, leading to elections with integrity. In the electoral legal framework, Bawaslu is given more authority by the election law, in addition to being tasked with prevention and supervision, it is also given adjudication authority in resolving the process of handling election administrative violations. The research method that the author uses is normative juridical, primary, secondary and tertiary legal data sources, data collected through library studies and field studies, and analyzed by qualitative juridical. The results of the study show that the authority of Bawaslu in enforcing election law and justice is to take legal action in the election process if it is not in accordance with the election laws and regulations. Such legal actions can be constructive, namely law enforcement that allows to change and/or cancel decisions, and can be punitive, namely those that allow sanctions to be imposed on perpetrators of violations, the decisions issued by Bawaslu are binding on the parties. The Bawaslu adjudication mechanism is guided by Perbawaslu concerning the Settlement of Election Administrative Violations. KPU is obliged to follow up on Bawaslu's decision. If it is not followed up, the KPU can be reported to the DKPP, for violating the election organizer's code of ethics.
Implementation Of Law Number 6 Year 2011 Concering Immigration Administrative Actions Against Policies Applicable At The Immigration Office Achmad Aziz; Ady Arif; Gyan Samladandi Gumay
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The purpose of this research is to explain, analyze, and develop the law in immigration. Indonesia's strategic geographical location has always been a crossroads of world traffic, both air and sea traffic, it cannot be denied because of the strategic location of the Indonesian state, the traffic of foreigners entering or leaving the territory of the Indonesian state is very congested, foreigners entering the country are very dense. Indonesian territory certainly has goals and interests, thus immigration has a function to maintain the upholding of the sovereignty of the Indonesian state. In order to realize the principle of "selective policy" it is necessary to supervise foreigners. This supervision is not only when they enter, but as long as they are in the territory of Indonesia, including their activities. Immigration supervision includes the enforcement of immigration law, both administrative and criminal in nature. To prevent crime or criminal acts from occurring, immigration officers carry out super strict inspections of travel documents owned by people who want to enter or leave Indonesian territory.
Analysis of Legal Protection for Start-up Companies as Partner Companies in Venture Capital Agreements Sudja’i; Muzakki Affandi; Muh. Bangsu
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The focus of this research is to determine how investors in venture capital agreements and start-up enterprises as business partners are legally protected. This research employs an empirical-juridical qualitative method in conjunction with a descriptive analytic technique for collecting data via a literature review. The purpose of this research is to determine how investor businesses in venture capital agreements and start-up companies as business partners are legally protected. This research is also a review of the legal literature. According to the research and discussion, there have been no standards governing venture capital performance since Presidential Decree No. 9 of 2009 and Minister of Finance Decree No. 18/PMK.010/2012. The technique is predicated on the concept of contract freedom, which is realized through the submission of a contract (agreement) to the parties. The venture capital financing agreement is then implemented using a standard contract model determined in advance by the venture capital company, which frequently results in partner companies accepting only what the venture capital company offers, as the basic rules governing standard agreements in Indonesia are unavailable. These conditions create an imbalance between the parties and are frequently viewed as unfair—partner companies whose position as a weak party has not yet been adequately protected by law. which frequently results in partner companies accepting only what the venture capital company offers, as the basic rules governing standard agreements in Indonesia are unavailable. These conditions create an imbalance between the parties and are frequently viewed as unfair—partner companies whose position as a weak party has not yet been adequately protected by law which frequently results in partner companies accepting only what the venture capital company offers, as the basic rules governing standard agreements in Indonesia are unavailable. These conditions create an imbalance between the parties and are frequently viewed as unfair—partner companies whose position as a weak party has not yet been adequately protected by law.

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