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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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Legal Protection Of Creditors In Credit Agreements With Guarantee Of Land Rights Apip Nur
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Material guarantees have the most important and strategic position in bank lending. The collateral material that is most requested by banks is in the form of land because economically the land has favorable prospects. With the enactment of the 1996 Mortgage Law, mortgages regulated by the Civil Code and creditverbands were previously used to bind land as collateral for debts. Law Number 4 of 1996 concerning mortgage rights over land and objects related to land has provided legal protection to creditors, it is explained that agreements that create debt-receivable relationships that are guaranteed to be paid off can be made in 2 (two) forms, namely either in the form of a private deed or an authentic deed, depending on the legal provisions governing the material of the agreement

The Division Of Gono-Gini's Property from The Credit Agreement with The Deed Under The Hand Between The Husband and Wife and The Outstanding Creditor Is Associated with The Banking Law and The Notary Office Law Fathalya Laksana; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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The Banking Law does not explain the regulation regarding the form of credit agreement in the banking world, it must be made in the form of an underhand agreement or must use an authentic deed made before a notary. Meanwhile, the Notary Position Act only regulates private agreements and the authority of a notary in making authentic deeds, but does not specifically regulate credit agreements made in the form of notarial or private deeds. The purpose of this study is to analyze how the validity of private credit agreements is seen from the Banking Act and UUJN as well as arrangements for the distribution of gono-gini assets for couples who have divorced from the results of private credit agreements between husband and wife and creditors who have not been paid off. To answer the main problems in this study, the author uses a juridical - normative research method and is sourced from secondary data, with an emphasis on the use of library materials as a source of research. Based on the results of the author's research, the credit agreement under the hand can be said to be valid if the credit agreement is recognized by the customer. Because the legal force of an underhand credit agreement depends on the recognition of the parties, the party whose name and signature are included in the underhand deed. In addition, the distribution of gono-gini assets must be based on the principle of justice, which is to be divided equally between both parties.

Combating the Crime of Abortion and Midwife Selling Baby in Criminology Perspective Yopiza Yopiza; Poppy Fristy
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abortion or known as abortion provocatus is not only a medical or health problem, but also a problem that arises because humans follow Western civilization. According to Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons Article 1 paragraph (1), trafficking in persons is the act of recruiting, transporting, harboring, sending, transferring or receiving someone with threats of violence, use of force, kidnapping, confinement, forgery, fraud, abuse of power or position of vulnerability, debt bondage or giving payments or benefits, so as to obtain the consent of a person having control over another person, whether carried out within a country or between countries, for the purpose of exploitation or causing people to be exploited. The act of provocatus abortion is not allowed in the articles of the Criminal Code, even provocatus abortion is prohibited by rape victims for women, so it is clear that these articles (Article 341 and Article 342 of the Criminal Code) constitute abortion provocatus killing the child in the fetus. Efforts that can be made in providing legal protection to children as victims of criminal acts of trafficking in persons on the principle of legality have been regulated in the 1945 Constitution of the Republic of Indonesia and national legal regulations in the form of laws and Presidential Regulations as well as TAP MPR and are also regulated in the provisions of international law which have been adapted into Indonesian positive law. Efforts that can be made to ensure legal protection for children as victims of the crime of trafficking in persons are reflected in 3 stages, namely (a) at the time of the occurrence of the crime of trafficking in persons, (b) the stage of trial for the perpetrator of the crime of trafficking in persons (c) the stage after the court's decision on perpetrators of the criminal act of trafficking in persons concluded from the provisions of Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

Enhance Urisdictions On The Implementation Of Uncertain Time Working Agreements Muhammad Mahendra M. Sinaga
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

An Indefinite Time Work Agreement is an unspecified work agreement, which is permanent and valid forever until termination of employment. employment. This type of research uses empirical juridical research using qualitative data using purposive sampling in taking samples. The research method used is field research. The data collection technique used is through interviews and literature as well as other sources that support and relate to this research.

Had A Role Of Polri An Implementing Crimes Violent (Study In Subdit Iii Jahtanras Directorate Of General Criminal Reservations Polda North Sumatera) Jona Wira Karya; T Riza Zarzani; Ismaidar
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Various factors, such as low education, religious morals, and environmental factors, can lead to a criminal act. However, the factors that significantly influence the emergence of criminal acts are economic factors. Economic needs must be met urgently. At the same time, the available job opportunities cannot meet all Indonesian people to work and earn a steady income, so that in meeting their needs, many people do everything they can to meet their needs. Accompanied by” or “followed by” violence or threats of violence must be closely related to efforts to facilitate or prepare or, if caught red-handed, to allow escape for oneself. This study aims to find out how to analyze the legal arrangements for violent crimes, analyze the factors that cause violent crimes, and explore the efforts of the Police Sub-Directorate III of Jahtanras General Criminal Investigation of the North Sumatra Police in Overcoming the Level of Violent Crime. It is an Empirical juridical with data collection tools at the location of the Police Sub Directorate III Jahtanras General criminal investigation of the North Sumatra Police related to the problem of this thesis. Based on the research results obtained, Crime in the Criminal Code is divided into two, namely Crime and Violations. The division is based on a principal difference, namely the division of Crime is arranged in Book II of the Criminal Code, in the Criminal Code Crimes Against Property, for example, theft in Article 362 up to 367 of the Criminal Code, Extortion in Articles 368 to 371 of the Criminal Code, Fraud in Articles 406 to 412 of the Criminal Code. According to the law, theft is divided into five types, namely common theft, regulated in Article 362 of the Criminal Code, theft with aggravation is regulated in Article 363 of the Criminal Code, theft with violence is regulated in Article 365 of the Criminal Code, theft within the family is regulated in Article 367 of the Criminal Code, Crimes Against A Person's Body and Life such as Persecution and Murder.

The Force of Law of The Agreement on The Transfer of The Right To Charge Receivables (Cessie) Against The Right of Dependents Marcha Amalia; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Based on Law no. 4 of 1996 concerning Mortgage on Land and Objects Related to Land stipulates that mortgage rights must be reinforced by the means of an authentic deed in the form of a Mortgage Granting Deed made before Land Deed Officer (PPAT), and registered at the Land Office with a valid Mortgage Certificate issued. This study aims to examine the transfer of the receivable (cessie) in the case of mortgages that are not registered at the Land Office and are not recorded in a land title certificate, as well as legal protection of third parties as buyers in good faith who occupy the subject of mortgage in the process of transfer of the receivable (cessie). This legal analysis uses a normative juridical method in approaching the relevant provisions of the law. The data collection method used is literature study with qualitative data analysis. The results indicate that the transfer of the receivable (cessie) cannot immediately proceed to the stage of ownership rights transfer and buyers in good faith who have complied with the provisions of SEMA No. 4 of 2016 must first seek additional legal protection of their rights.

An Implementation of Restorative Justice in Settlement Framework Criminal Acts Fraud and Employment to Provide Useful And Fair Legal Guarantee (Study In Police Regional North Sumatra) Mangara Hutagalung; Ismaidar; T Riza Zarzani
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

The settlement of criminal cases of fraud and embezzlement is generally the application of compensation by the perpetrator and his family to the victim or his family to avoid the consequences of revenge. The main principle of Restorative Justice is the participation of victims and perpetrators, the participation of citizens as facilitators in resolving cases so that there is a guarantee that the child or perpetrator will no longer disturb the harmony created among the community. This research is aimed at legal arrangements for fraud and embezzlement through restorative justice efforts, to analyze the application of restorative justice in the settlement of fraud and embezzlement crimes and forms of legal remedies provided by the police in resolving criminal acts of fraud and embezzlement through restorative justice in this study at regional Police of North Sumatra which is related to the problem of this thesis. This research uses research specifications, namely analytical descriptions that describe or describe events as stated by the respondent in writing or verbally, as well as actual behavior, which is researched or studied in its entirety. In the application of restorative justice and penal mediation, restorative justice is a concept of thought that responds to the development of the Criminal Justice System by focusing on the need for community involvement and victims who feel left out by the mechanisms that work in the current SPP. Police efforts by taking preventive and repressive actions in dealing with embezzlement and fraud.

Analysis Of Change in The Minimum Extent of Forest Areas in The Job Creation Law Through An Environmental Perspective Dwiki Alfajri; Budi Darmono
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Forests have a very essential role in countries with the high rainfall intensity and vulnerable to disasters regarding the balance of water systems that can lead to floods up to sedimentation. Therefore, it is very important to have the minimum limit of forest areas which is regulated and maintained in the Forestry Law, with the aim of optimizing the social, ecological, and economic benefits of the local communities. Through the Job Creation Law, the obligation to maintain a forest area of at least 30% in the Forestry Law is eliminated. The reason is its obligation is irrelevant to the current developments. The minimum policy of 30% forest area is like a double-edged sword, among others, the provinces with forest areas under 30% as in Java must buy the land to be used as a forest area for the substitute. Then, some islands such as Papua, Sumatera, Kalimantan, and other islands with about 70% forest area will endanger the environment because it provides up to 30% for deforestation. Therefore, a question arises for this study to be carried out related to how the impact of the policy of restrictions forest areas in the job creation law in environmental aspects. In this study, the authors used the methods of normative legal research. The result of this study was the loss of 30% forest area. This Job Creation Law Policy will certainly increase deforestation rates, and of course it will have an impact on the natural environment that has an important role in human, plant, and animal life. Biodiversity and animals living in the forest will be reduced since their habitat has been damaged and can cause disasters, such as landslides and floods if the state of the forest continues to have deforestation. The 30% minimum limit must be applied to the islands with less than 30% forest area.

Analysis of Unsecured Loans (KTA) in terms of the Prudential Banking Principle Noer Dini Camelia; Rifkah Romizah; Iftitah Dian Ukhrowi; Ihsyan Jani Syamsi
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Bank is an intermediary institution that accommodates public funds and distributes them in the form of credit. One of the credit loan facilities provided by banks is Unsecured Loans (KTA). The existence of Unsecured Credit (KTA) causes banks to be deemed not to carry out their obligations to apply one of the principles in banking, namely the Prudential Principle as contained in the provisions of Article 8 of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking. Unsecured Credit (KTA) is a form of bank facility that is considered very risky because it does not meet the credit principles that are guaranteed by banks in providing loans, known as the "5C" principle, namely Character, Capital, Capacity, Collaterals and Conditions of Economy. This study aims to analyze the Prudential Principle, especially in the provision of Unsecured Loans (KTA). This research is normative legal research with a statutory approach. Based on Article 8 of Law Number 10 of 1998 Concerning Amendments to Law Number 7 of 1992 Concerning Banking, banks are required to pay attention to the conditions in granting credit, including believing debtors have good intentions and the ability to pay, and to observe the credit principle "The 5 C's Analysis of Credit." The "5C" credit principle includes collateral as an additional guarantee, thus it is not required in credit provision. Unsecured Credit does not contradict the concept of caution in credit payments provided the bank is convinced the credit will be returned.

Analysis of Local Wisdom in Bima Community Marriage (Study of Socio-Cultural Values) Amrin Amrin; Adi Priyono; Supriyanto Supriyanto; Nurrahmania Nurrahmania
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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This article aims to examine local wisdom in the marriage of the Bima community in terms of socio-cultural values. This study uses a descriptive qualitative type with an anthropological approach. The data collection method uses observation, interviews and documentation as well as literature study. While the data analysis technique is descriptive qualitative with data reduction, data presentation, and conclusion. The results of the research shows that the tradition of peta kapanca at the wedding ceremony of the Bima community has socio-cultural values that are still preserved to this day, namely friendship, mutual assistance and cooperation, and brotherhood. The research is only limited to socio-cultural values so further research is needed on the Mbojo culture as a whole so as to explore the cultural values of the Bima people which have implications for the preservation of local wisdom values in an area.

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

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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