LEGAL BRIEF
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.
Articles
921 Documents
<![CDATA[Juridical Review of the Acts of Vertical Integration and Discrimination Performed by Pt Grab Teknologi Indonesia and Pt Teknolog Pengangkutan Indonesia Regarding Transportation Services Special Rental ]]>
<![CDATA[Cucuk Endratno]]>
<![CDATA[ LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[This study aims to find out the problems regarding the act of vertical integration and discrimination carried out by PT Grab Indonesia and PT Teknologi Pengangkutan Indonesia related to special rental transportation services . This research is a normative juridical legal research with 2 types of approaches, namely the Legislative Approach and the legal concept analysis approach. The type of data used is primary data, namely related laws and regulations, especially Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and secondary data obtained from library materials. The type of analysis used is inductive analysis, which analyzes the laws and regulations related to the problem and then correlates it with several principles and theories that form the basis for writing this thesis. In this writing, the author concludes that the judge's considerations in analyzing the case of the Practice of Vertical Integration and Discrimination carried out by PT Grab Indonesia and PT TPI related to this special rental transportation service used 3 (three) theories, namely, the theory of business competition, the theory of justice, and the theory of protection. law]]>
<![CDATA[Democracy In Indonesia's Cross-Standards ]]>
<![CDATA[lusia indrastuti]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i3.424
<![CDATA[Indonesia as a country with a democratic system. The government is administered by the people, for the people, and by the people. Indonesia has gone through multiple periods of democracy, and is currently in a period of transformation. The plurality of Indonesian society has a significant impact on the creation of political parties and favors the formation of a multi-party system in Indonesia. The presence of political parties as foundations of democracy or the execution of popular sovereignty are, of course, justified in a democratic state. General elections are used to carry out democracy when political parties are involved and positions of authority need to be filled.]]>
<![CDATA[Forgery of Authentic Deeds by Notaries in The Case of The Judgment of The District Court of Sleman No. 196/PID. B/2018/PN.SMN ]]>
<![CDATA[Rizky Muthiarani]]>;
<![CDATA[Siti Hajati Hosein]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[As a general officer, a Notary has the authority to make authentic deeds by adhering to the Notary's Rules of Office and Ethics. However, in practice, Notaries still abuse their power in doing original deeds, namely without following the obligations and limitations set in the laws and regulations and even forging letters. This can cause adverse legal consequences for related parties and Third Parties. If this happens, the Notary can be blamed and asked for compensation by parties who feel aggrieved and cause implications in the form of Notary responsibility. This research will focus on discussions related to the authority to make Notarial deeds and the responsibility of Notaries if they are proven to have committed criminal acts of forgery of authentic deeds. This research will also discuss the legal consequences imposed on Notaries by analyzing the Sleman District Court Decision Number 196 / Pid.B / 2018 / PN.Smn. The research method used is a juridical-normative approach, examining the principles and elements of the Notary Position and Ethics Regulations and the Criminal Code. The results of this study show that the validity of a deed made by a Notary without meeting formal requirements or material requirements is null and void and is considered to have never been born. A copy of the deed issued is an act of forgery of letters. The consequences for a Notary who is proven to have committed the show can be in the form of administrative sanctions and can be threatened with criminal sanctions based on the provisions of Article 264 paragraph (1) of the Criminal Code.]]>
<![CDATA[Position of Intellectual Property Rights as Banking Guarantee Based on Government Regulation Number 24 of 2022 ]]>
<![CDATA[Lily Marlin]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The rapid development of digital technology has an impact on the growth and development of the creative economy industry where this industry is a type of industry that applies digital-based technology in its business and produces digital goods. The existence of Intellectual Property Rights attached to products owned by the Creative Economy Industry certainly requires legal protection. The facilities provided to the creative economy industry itself are IPR which can be used as collateral, but the absence of implementing regulations makes the practice still not available. This study uses a normative juridical method to analyze the existing problems. The result of this research is the issuance of PP 24 of 2022 as the implementing regulation of Law no. 24 of 2019 concerning the creative economy provides legal certainty for both debtors and creditors where this Government Regulation regulates the re-assessment of IPR as an object of debt guarantee and the availability of IPR market access as an auction place in the event of a potential default.]]>
<![CDATA[The Influence of the Company's Environment With Marketing Communications on Consumer Subscription Behavior at PT. Tri Putra Erguna ]]>
<![CDATA[Fauzan Adli]]>;
<![CDATA[Muhammad Alfikri]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i4.430
<![CDATA[This article discusses the marketing communication strategy used by PT Tri Putra Erguna in its consumer goods marketing activities. The author will observe how PT Tri Putra Erguna's marketing communication strategy in marketing activities, and what is interesting in this research is that the company's marketing communication activities have received a lot of support from the brand owner or principal. The research paradigm employed is constructivist, and the research method employed is case study research with a qualitative approach. In this study, data was gathered through observation and interviews. This study aims to discover empirical evidence from the research object, how to reveal marketing communication strategies in the marketing activities of consumer goods products at PT Tri Putra Erguna, and to construct meaning on the implementation of marketing communication activities.]]>
<![CDATA[Semiotics Analysis Of The Meaning Of Power In The Song “2+2=5” By Radiohead ]]>
<![CDATA[Muhammad Muchalif]]>;
<![CDATA[Muhammad Alfikri]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i4.431
<![CDATA[Using Roland Barthes' semiotic theory, this study investigates the meaning of power in the lyrics of Radiohead's song "2+2=5". Roland Barthes examines the meaning of denotation, connotation, and myths regarding the meaning of truth in the song in this semiotic analysis. The approach is interpretive qualitative. Document study is the collection technique used to obtain data from various sources relevant to the research. The research findings based on the denotative meaning indicate the existence of a condition in which a person can be made to believe anything, even when the truth is obvious. As a result, some people will take advantage of this to exert control over others. The connotation result is someone who prefers false reality to the truth every day. While the myth's meaning is that people in power believe they are not getting the attention they deserve despite having people under their control who they believe need it more. The authority figures' ideas shift from wanting to attract attention to believing their own lies. In this case, the author emphasizes that power can be extremely dangerous if not used correctly.]]>
<![CDATA[The Authority of the Party Court in Resolving Internal Disputes of Political Parties in Indonesia (A Case Study of Golkar Party) ]]>
<![CDATA[Suparto Suparto]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[In its development, political parties as organizations are always faced with a conflict that often leads to divisions. On that basis, the internal party settlement is then regulated in the political party law. In Law no. 2 of 2011, it is stated that the resolution of internal conflicts of political parties related to management is resolved by the Party Court and the decision is final. However, many conflicts that occur in political parties are not resolved, for example as happened to the Golkar Party. The research method uses normative juridical with a statutory approach. Based on the results of the study, there are several influential factors in the resolution of internal disputes within the Golkar party, including: 1. The unusual and multi-interpreted form and format of the decision from the Golkar Party Court does not solve the problem of internal disputes in the management of the Golkar party, 2. There is a tendency for the government to intervene in the internal affairs of political parties, in this case the Golkar party, by acknowledging one of the parties close to or supporting the government in the form of ratification of the management of political parties, 3. The neutrality of the membership of the Party Court from internal political parties is doubtful and there is a tendency to side with one of the disputing parties. 4. The even number of members of the Party Court when hearing the dispute over the management of the Golkar party]]>
<![CDATA[Comparative Study on The Legal Protection for Digital Wallet Users between Indonesia and South Korea ]]>
<![CDATA[Kurniawan Sutrisno Hadi]]>;
<![CDATA[Lucky Suryo Wicaksono]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The Digital wallet has developed rapidly in recent years. The number of users of digital wallets has been increasing significantly over several years. However, the financial accident related to digital wallets occurred and caused damage to the users. This study aims to analyze and determine the legal protection of digital wallet users for loss of e-money in Indonesia and Korea, and the legal issue from the Korean digital wallet regulation that can be harmonized in Indonesian’s regulation. This type of research is normative research using statutory and comparative approaches. The results of this study indicate that Indonesia carried out the legal protection for digital wallet users by prohibiting several actions, responsible for the loss of e-money by the provider unless the fault comes from the users, and sanctions. Korea carried out the legal protection for digital wallet users by ensuring the users safety, prohibition against electronic infringement, responsible for the loss caused by all types of electronic infringement, and sanctions. Then, several lessons can obtain to harmonize the digital wallet regulation in Indonesia, including the adoption single codified law, the responsible of the digital wallet provider and compensation for damage, and the response to the financial accident.]]>
<![CDATA[Communication Strategy Of Police Investigators In Central Aceh Resort In Handling Children In Contact With Law ]]>
<![CDATA[Achmad Surya]]>;
<![CDATA[Viana Safrida Harahap]]>;
<![CDATA[Hasiun Budi]]>;
<![CDATA[Kaidah]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i4.436
<![CDATA[Handling children in conflict with the law, finding various problems that hinder the interrogation process faced by investigators, namely those given by children are often convoluted, making it easier for investigators to collect evidence. The purpose of the study was to determine the communication strategy of the Central Aceh Resort Police investigators in dealing with children's cases, and to determine the factors that hindered the investigation strategy in children's cases. This research is a type of qualitative descriptive research, using a descriptive approach. Sources of data used are primary data and secondary data. The results of the study show that children's communication strategies in dealing with children's cases are carried out by persuasive communication techniques using clear, firm and straightforward language. Interpersonal communication techniques are also an option for investigators when interrogating children humanely by respecting human values. Factors that hinder investigators' communication strategies in dealing with children's cases, namely: First, the statements from children are always different, one of the most memorable events and answers to questions from investigators are often convoluted. Second, the child's lack of ability to understand the language used by the investigator during the interrogation process.]]>
<![CDATA[Protection of Personal Data Information in Indonesia ]]>
<![CDATA[Jonathan Brilliannata]]>;
<![CDATA[Rofikotul Jamiilah]]>;
<![CDATA[Haidar Talib]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[With the rapid development of technology at this time, causing us to have to register our personal data with many service providers (providers) to provide certainty of user data, so that we can enjoy their services. With this, it causes vulnerabilities for the leakage of our personal data information that is managed by these providers. It can be seen that the violations of personal data protection were caused either due to irresponsible use by the provider and also due to data breaches by irresponsible people (hacking). Leakage of personal data can occur because there are no laws and regulations that specifically regulate the regulations for protecting people's personal data. Therefore, the government must immediately discuss and finalize the Personal Data Protection Bill to minimize the occurrence of data leakage cases such as those that have occurred before so that they do not happen again. The conclusion of this scientific work is that there are already protections regulated in the laws and regulations in Indonesia, but all of these regulations have not explicitly regulated the protection of personal data. In addition, it is necessary to make special rules regarding Personal Data Protection in order to provide clarity and assurance regarding the protection of personal data. This can be done with the establishment of the Personal Data Protection Bill (RUU PDP).]]>
