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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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Notary Criminal Liability against Authentic Deals Indicated to Criminal Actions (Case Study of Field High Court Decision Number: 82/PID/2010/PTMDN) Zico Ricardo Aritonang
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The Law on Notary Positions does not at all contain the concept of notary criminal responsibility. Whereas in practice in the field it is often found that a legal action or violation committed by a notary related to the authentic deed he made is qualified as a criminal act. criminalizing a notary by applying the articles of the Criminal Code without being preceded by an in-depth study of the concept of criminal liability of a notary is an act that cannot be justified scientifically and juridically. Therefore, efforts to formulate the concept of criminal liability of a notary is an important step that must be taken to avoid the symptoms of arbitrary criminalization of a notary as a public official.
Legal Position and Health Rights of Adopted Children with Different Parents of Citizenship in the Legal System in Indonesia Agatha Chriestie Tarigan
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The importance of the registration of adoption is that the adopted child protection. The importance of the protection of children raised, namely, as an adopted child or a child is the subject of law and therefore may impose any parent well is, couples foreigners (foreign citizens) with foreigners or citizen (Citizen Indonesia) with citizen and foreign citizen (Citizen foreign) and citizen (Citizen Indonesia) are required to register the children raised , in order to provide protection for the child in terms of rights in inheritance and obtain legal standing.
Supervision Policy On Public Services At The Office Of Transportations Of North Sumatra Province Saima Rambe; Nurul Dalimunte
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study raises the issue of Public Service Supervision Policy at the North Sumatra Provincial Transportation Service, the Supervision Policy is a provision made in an effort to determine whether the conditions of the activities carried out have reached the specified target. To reveal the research problem used secondary data and primary data with a sample of 30 people. The analytical method used is Product Moment Correlation Analysis. Individual Competence has a strong positive relationship to employee performance at the Department of Transportation of North Sumatra Province where the research results are based on a correlation test. Supervision Policy has a strong positive effect on Public Services where the research results are based on the correlation test of Public Service Supervision Policies of 0.97. compared to the critical table r product moment (n = 30) with df = 95% there are numbers r table = 0.349 where rxy = 0.97 > 0.349 this means that the Supervision Policy has a strong positive relationship to public services in North Sumatra Transportation Service Province. The results of this study suggest that the better supervision policies owned by the North Sumatra Provincial Transportation Service are formed in the dimensions of systems and work methods, repair of work errors, procedures or policies, compensation and use of work tools and facilities and followed by increased efficiency, effectiveness, fairness, responsibility and accountability of public services at the North Sumatra provincial transportation office. Policy factors for implementing work systems and methods, correcting work errors, procedures or policies, compensation and use of work tools and facilities will be followed by efficiency, effectiveness, fairness, responsibility and accountability of public services in North Sumatra provincial transportation offices.
The Effect of the Effectiveness of the Family Hope Program on Poverty Reduction in Sorkam Kanan Village, West Sorkam District, Central Tapanuli Regency Nurul Dalimunte
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 (256.298 KB) | DOI: 10.35335/legal.v11i3.405

Abstract

Poverty is one of the problems experienced by developing countries, including Indonesia. Efforts to reduce poverty in Indonesia have been carried out by the government in every era of government with various poverty alleviation programs that aim to break the chain of poverty and improve the welfare and economy of the people in Indonesia. This study aims to determine whether there is an effect of the Effectiveness of the Family Hope Program on Poverty Reduction in Sorkam Kanan Village, West Sorkam District. The method used in this study using quantitative methods. The data sources include primary data and secondary data. Data collection techniques in the field, obtained by means of interviews, observation and questionnaires. It can be concluded that this study uses the product moment correlation test which is distributed to respondents with the results of r = 0.611. These results indicate that the effectiveness of the family of hope program in reducing poverty in the Sorkam right sub-district, West Sorkam sub-district is quite strong. Meanwhile, the results of the significant correlation coefficient test are t = 5, 319. From the test results, it can be concluded that there is a positive and significant influence between the hopeful family program on poverty reduction in Sorkam Kanan Village, West Sorkam District . While the advice offered by the researcher is that PKH participants are expected to attend every meeting held by the PKH supervisor so as to increase public knowledge about the goals and benefits of the assistance received
Center Legal Instruments In The Field Of Spatial Planning As Space Utilization Control Devices Mochamad Moro Asih
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Spatial utilization control, as an integral part of spatial utilization process, is an important element, which have its function to maintain the order of spatial utilization, in accordance to planning direction. In the spatial utilization control action, instruments as a mechanism tools is a requirement, specifically related to law. The two is (spatial utilization) permit and sanctions. Permit and sanctions are closely related to spatial utilization enforcement, as a final mechanism of prosecution of spatial planning violations. To imposing a sanctions to the violators of spatial planning, legal instrument of spatial planning is a vital instrument. Its key functions is to analyze and to imposing a legal actions to spatial planning violator.
Legal Consequences of Child Marriage Judging from Law No. 35 of 2014 Concerning Child Protection Amalia Aryani; Ayudya Puzhanurina; Faura Irsyadianty Waluyo; Ratu Bilqisy
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 (415.199 KB) | DOI: 10.35335/legal.v11i3.407

Abstract

This study aims to analyze the legal consequences of child marriage in terms of law no. 35 of 2014 concerning child protection. The research method used is normative law, namely the library research method. The results of the analysis show that the legal consequences of underage marriages have an impact on their marital status; child's position; assets in marriage and children who receive a marriage pension. Efforts to prevent child marriage from occurring are by not asking parents for a marriage dispensation for any reason, unless it is really an emergency such as getting pregnant out of wedlock to save the child they are carrying. consequence, the opening of dispensation opportunities may worsen the condition of the quality of children's growth in Indonesia because they lose access to education and the opportunity to develop and understand responsibilities in marriage prior to marriage. child rights. In relation to underage marriages that can hinder child protection, it is necessary to improve the Child Protection Act in regulating the protection of children from underage marriages. Due to the threat that endangers the child's self and soul in the period of growth and development, special protection has the right to be given to the child.
The Doctor ES's Liability for Filler Injecting Without Full Explanation in Informed Consent Causing Blindness in ADF Left Eye Judging Dennis Saputra Trikadibusana; Isai Ronny Tanoko; Cynthia Sugandhy; Stefani Berliana Magdalena
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

Research titled The Doctor ES's Liability for Filler Injecting Without Full Explanation in Informed Consent Causing Blindness in ADF Left Eye Judging from Act Number 29 of 2004 Regarding Medical Practice and Regulation of the Minister of Health Number 290/MENKES/PER/III/2008 concerning Approval Medical Action discusses the issue of whether the ES doctor is responsible for injecting fillers without a full explanation in the informed consent which causes blindness in the ADF's left eye in terms of Act Number 29 of 2004 Regarding Medical Practice and Regulation of the Minister of Health Number 290/MENKES/PER/III/2008 concerning Approval of Medical Action. The research method used is the statue approach, which means that in answering the main problem through legislation, and using a conceptual problem approach, which means using literature to solve the main problem. The results of the study stated that ES doctors have committed violations of the discipline of the medical profession in the form of not providing a complete explanation to the ADF in seeking approval of medical action or informed consent as referred to in article 3 paragraph (2) letter h of Regulation of the Medical Council No. 4 of 2011 on Professional Discipline of Doctors and Dentists. In addition, ES and ADF doctors as patients have been bound in therapeutic transactions and there are losses suffered by the ADF in the form of permanent blindness in the left eye of the ADF due to the actions of ice doctors, then ES Doctors can also be sued on the basis of default in accordance with Article 1239 of the Civil Code.
Study of Marriage Processions with Unequal Beliefs in The Perspective of Marriage Law in Indonesia Nasution Dwi Shafira Chairunnisa; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to further examine the rules governing interfaith marriages in Indonesia in terms of legal studies. The research method used is a normative approach using analysis of the study of legal material sources. The results of the study indicate that the rules contained in Law Number 16 of 2019 contain three binding articles, namely in article 1 which states that marriage must be based on the first principle of Pancasila, the second principle regulates the validity of marriage based on religious rules that and the third precept contains orders to carry out monogamous marriages. The existing rules are not prohibitive but are commanding and those who can determine whether a marriage is legal or not are from the respective religions. The background that underlies this research is the number of cases of interfaith marriages that occur in Indonesia so that it becomes a controversy in Indonesia.
Law Enforcement Of The Crime Of Illegal Fishing In The Waters Area Of Pangkajene Regency And The Islands Muhammad Fauzi Ramadhan; Abd. Asis; Audyna Mayasari Muin
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 (295.361 KB) | DOI: 10.35335/legal.v11i3.410

Abstract

Law enforcement of illegal fishing in the waters of Pangkajene and the islands has not been effective. This research is an empirical normative research, combining the normative legal approach to legislation with empirical elements in the form of interviews. The results of the study show that law enforcement of criminal acts in the field of fisheries in the Pangkajene and archipelagic waters has not been effective, this is due to a conflict of norms between one regulation and another related to the marine and fisheries sector, which causes law enforcement officers to find it difficult to implement which rules to enforce. In addition, the existence of an ego-sectoral relationship between law enforcement officers causes law enforcement to still not go hand in hand with each other and the ability of prosecutors and judges to complete the mighty crime of illegal fishing in the Pangkajene and Kepualuan districts.
Marriage Legal Aspects On The Status Of Out Of Marriage Children In Birth Certificates And Child Protection Daud Munasto; Oci Senjaya
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (314.476 KB) | DOI: 10.35335/legal.v11i4.411

Abstract

Children are buds, potentials, and the younger generation as the successor to the ideals of the nation's struggle that has a strategic role. Children have special characteristics and characteristics that ensure the continuity of the existence of the nation and state in the future. Children are the living messages we send to a time we will not see (children are the living messages we send for a time we don't see), that's how John W Whitehead in Lenny N. Rosalin describes the importance of children as the next generation as well as the greatest asset for the future. front. Every newly born child must be registered immediately in the form of a Birth Certificate as the child's identity even though the child's status is out of wedlock without losing the rights of the child. This study uses a normative juridical method that is descriptive in nature, which is a systematic and comprehensive description of the object under study. The legal materials used are secondary data consisting of primary, secondary and tertiary legal materials. This research is a library research (library research). To obtain the data presented in this study, the authors used the legal materials obtained were analyzed qualitatively normatively and explained deductively. So that in the end get the expected results, to then draw a conclusion as the final result of this research. The conclusion of this thesis is that the Constitutional Court Decision No. 46/PUU-VIII/2010 which states that Article 43 paragraph (1) of Law Number 1 of 1974 concerning Marriage, namely: "Children born outside of marriage only have a civil relationship with the mother and her mother's family, contrary to the Constitution of the Republic of Indonesia Number 1 of 1945 if it is interpreted as eliminating civil relations with men which can be proven based on science and technology or other evidence according to the law, it is proven that they have blood relations with their fathers. When doing a relationship, it should be considered in the long term, which ultimately does not harm other people, both juridically and non-juridically. Keywords: Child Out of Wedlock, Child Position, Child Protection ABSTRAK Anak merupakan tunas, potensi, serta generasi muda sebagai penerus cita-cita perjuangan bangsa yang memiliki peran strategis. Anak mempunyai ciri dan sifat khusus yang menjamin kelangsungan eksistensi bangsa dan negara pada masa depan. Children are the living messages we send to a time we will not see (anak adalah pesan hidup yang kita kirim untuk masa yang tidak kita lihat), begitulah John W Whitehead dalam Lenny N. Rosalin menggambarkan pentingnya anak sebagai generasi penerus sekaligus aset terbesar untuk masa depan. Setiap anak yang baru dilahirkan untuk segera didaftarkan dalam bentuk Akta Kelahiran sebagai identitas diri anak walaupun status anak luar kawin tanpa menghilangkan hak-hak anak tersebut. Penelitian ini menggunakan metode yuridis normatif yang bersifat deskriptif yaitu mendeskripsikan secara sistematis dan menyeluruh dari obyek yang diteliti. Bahan hukum yang digunakan adalah data sekunder yang terdiri dari bahan hukum primer, sekunder dan terseier. Penelitian ini merupakan penelitian kepustakaan (library research). Untuk memperoleh datadata yang dipaparkan dalam penelitian ini, penulis menggunakan bahan hukum yang diperoleh dianalisis secara kualitatif normatif dan dijelaskan secara deduktif. Sehingga pada akhirnya mendapatkan hasil yang dharapkan, untuk kemudian diambil suatu kesimpulan sebagai hasil akhir dari penilitian ini. Kesimpulan dari skripsi ini adalah dijelaskan Putusan Mahkamah Konstitusi No. 46/PUU-VIII/2010 yang menyebutkan bahwa Pasal 43 ayat (1) Undang-undang Nomor 1 Tahun 1974 tentang Perkawinan yaitu: “anak yang dilahirkan di luar perkawinan hanya memiliki hubungan perdata dengan ibu dan keluarga ibunya, bertentangan dengan UndangUndang Dasar NKRI Nomor 1 Tahun 1945 apabila dimaknai menghilangkan hubungan perdata dengan laki-laki yang dapat dibuktikan berdasarkan ilmu pengetahuan dan teknologi atau alat bukti lain menurut hukum terbukti mempunyai hubungan darah dengan ayahny”. Hendaknya ketika melakukan suatu hubungan harus dipikirkan dalam jangka panjang yang akhirnya tidak merugikan orang lain dalam yuridis maupun non yuridis. Kata Kunci: Anak Luar Kawin, Kedudukan Anak, Perlindungan Anak

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