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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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Implications and Validity of the Association of Owners and Residents of Flats Units in Hotel Condominiums Beatrix Tanjung; I Made Pria Dharsana
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 (308.737 KB)

Normatively, the implementation of flats with the concept of hotel condominiums (condotels) has not been regulated. However, in practice as in Decision No. 34/Pdt.G/2021/PN.Bgr it is stated that the implementation of condotels refers to the provisions of Law Number 20 of 2011 (Flats Law). In its management, condotels are managed by a hotel operator appointed by the developer based on an agreement with the condotel owner. This is a problem when a condotel is managed by a legal entity that is a hotel operator and not by the Association of Owners and Residents of Flats Units (PPPSRS) as mandated in the Flats Law. In this article, we will discuss, how the legal implications for the formation of condotel PPPSRS and the validity of the appointment of a hotel operator who replaces the authority of PPPSRS on Le'eminence condotels based on the Agreement for the Management and Operation of Condotel Unit Stacking Units based on Decision No. 34/Pdt.G/2021/PN.Bgr. This article concludes, PPPSRS on condotels still refers to the Flats Law whose arrangements are specifically regulated in PERMENPUPR 23/2018 which currently has changed to PERMENPUPR 14/2021 and the appointment of a hotel operator, namely PT EHS, which replaces the PPPSRS authority on the Le'Eminence condotel based on the Agreement for the Management and Operation of the Condotel Unit Flats is contrary to Article 1 number 22 of the Flats Law and Article 23 paragraph (3) of PERMENPUPR 23/2018.

Understanding the Duties and Responsibilities of the Police in Criminal Cases in the Jurisdiction of a Country: A Study of Legal Literacy Sardjana Orba Manullang
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

This study discussed the duties and roles of the legal apparatus, especially the Police, in handling criminal cases and courts against perpetrators of criminal acts. We manage this study with a phenomenological approach that we design in a qualitative study and rely on secondary data, namely data in the form of scientific evidence that has been published in several literature sources, books, and scientific papers of academic work that were released between 2010 and 2022. As for the mechanism of our study, we carried out extensive data coding techniques, thorough evaluations, and data interpretation to obtain findings that would answer the problems and hypotheses of this study with the principles of high validity and reliability. From the results of the study and discussion of the findings, we can conclude, among other things, that the duties of the Police are based on Article 13 of Law no. 2 of 2002 that the Police are law enforcement, citizen protection, and community service. Meanwhile, the understanding of jurisdiction is an authority possessed by the Police in forcing citizens to obey the criminal Law to uphold justice for the power and authority of state law towards citizens and other aspects. Thus, these findings are intended to be an additional important input for understanding legal and Police studies in future studies.

Underage Marriage in Teenagers Judging from Law Number 16 of 2019 Zetria Erma; Yulkarnaini Yulkarnaini
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 (206.022 KB)

Marriage can be carried out by both men and women who are old enough. The purpose of this study is to identify and analyze the factors that cause underage marriage in Indonesia and underage marriage in adolescents in terms of Law Number 16 of 2019. This type of research is normative with a legal approach. The type of data used is secondary data consisting of primary, secondary and tertiary legal materials, while data analysis is carried out qualitatively. Factors that cause underage marriages in Indonesia are religion and culture, economy, education, already pregnant, the will of parents, their own will, customs and culture, feeling that they have been able to take responsibility, promiscuity, closing shame, arranged marriages, worship and social media. Meanwhile, underage marriages in adolescents according to Law Number 16 of 2019 are marriages carried out by boys and girls who are under the age of 19 (nineteen) years. In practice, it is mostly done by teenagers between the ages of 12 (twelve) to 19 (nineteen) years. This should not be done but if something unwanted happens and to protect the rights of children, especially girls, a marriage dispensation can be requested at the religious court.

The Structure of Public Policy Models Mediated by Public Services on the Performance of Makassar City Government Apparatus Rusdin Nawi
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 (268.742 KB)

The model structure that is in the spotlight in administrative actualization is political policy, the social and economic environment, as agency progress and a fundamental step in the era of society 5.0. The research approach uses exploratory, ex post facto and causal studies. There are two types of data, namely quantitative data and qualitative data. Sources of data in this study consisted of primary and secondary data. Data collection techniques are observation, questionnaires, interviews and documentation. The population is 11,067 civil servants of Makassar City Government. The sample using the 0.10% Slovin formula was obtained as many as 99 apparatus respondents. Data analysis techniques are descriptive statistical analysis techniques and Structural Equation Modeling (SEM) analysis. The results show that political policies based on trust, conflict, power, strategy and paradigms have an effect on public services and apparatus performance. Social environmental policies in the form of facilities, competition, security, comfort and communication affect public services and apparatus performance. Economic policies seen from income, equity, unemployment, transactional and budgeting affect public services and apparatus performance. Public services in the form of simplicity, fairness, transparency and economy affect the performance of the apparatus in terms of quantity, quality, efficiency, effectiveness and loyalty of each apparatus. Likewise, political policies, the social environment and the economy indirectly have a significant effect on the performance of the apparatus through public services from the government apparatus, which means that the latent structure of public policies contributes to influencing the improvement of the performance of the apparatus through the services applied to the public.

Dissemination Of Public Information Through Online Media: Study on the Vision and Mission of the Mayor of Palu Hadianto Rasyid Citra Antasari; A. Reza Fadillah Putri
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 (581.44 KB)

The service and management of public communication within the scope of government is one of the important principles that must be implemented by the Regional Government. Based on the Law-No. 14 of 2008 related to public information, the dissemination to the Palu City Government was carried out by the IKP (public communication information) which is a sub-section of the Palu City Communications and Information Office, as well as the involvement of the Palu City media center where both of them act as government officials. This research method is descriptive qualitative with a case study approach, and the use of data collection techniques of observation, documentation and in-depth interviews using purposive sampling technique. The dissemination was carried out through 4 online media platforms, namely websites, instagram, facebook and YouTube. Three of the four platforms use the name "Palu City Communication and Information Office" as the account name for social media that IKP manages including instagram, facebook and youtube, and only websites that use the name "palukota" in public communication activities.

Legal Protection Against Cyber Crime Threats for Business Economics 4.0 Didi Sukardi
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Appearance crime cyber (cybercrime) is motivated by progress technology that doesn't balanced by progress resource man as well as omissions made by tempted users _ _ with lure gifts given by parties who do not responsible on behalf of the other party as amplifier that that true and not fraud , as well most from users _ tempted will lure present the so that give room for people to To do crime cyber . Study this character descriptive in form protection law for perpetrator economy business 4.0 against threat cyber crime according to Law No. 11 of 2008 on ITE. As for results study this is that principle protection law for perpetrator economy business 4.0 that is with existence provision from Article 1320 of the Civil Code which contains : condition happening agreements , threats and challenges as well as the obstacles faced by the perpetrators economy business 4.0 which is all is serious threat , and form protection law for the perpetrators effort that is provision law that can used to drag the perpetrators of the cyber crime new limited to regulations statute book of law Law Criminal Code (KUHP) and Law no. 11 of 2008 concerning ITE.

Perspective of the Pancasila on Religious Moderation (Analysis of Religious Development Communication) Denny Al Anshori Daulay; M. Yoserizal Saragih
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Indonesia is a country where you will be diverse in ethnicity and culture, indirectly Indonesia has become a pluralistic country. The thing that is currently a problem and is often discussed by the goverment and figures as well as elements of society in it is religious moderation. How to maintain, maintain and involve the whole community totolerate being wrapped in religious moderation (religious develovement communication) can be a solution to differences and sexual disputes, which are questions that will be discussed in this study.

State Protection Against Corona Virus Disease 2019 Based On Emergency Constitutional Law Firman Freaddy Busroh; Fatria Khairo
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

The purpose of this study is to find out how the development of Covid-19 in Indonesia impacts people’s lives and how the steps taken by the government to deal with the Covid-19 Pandemic are based on the Study of Emergency Constitutional Law. This research will be carried out using normative legal research methods. The study results found that according to the Indonesian Emergency Constitutional Law, the Indonesian state recognizes emergency conditions with two terms: Dangerous Conditions & Forced Emergencies. Regarding the Covid-19 Pandemic from the perspective of this emergency constitutional law, as well as looking at the policies and legal instruments set by the President, it can be concluded that the President did not categorize Covid-19 in the dangerous category but entered the second terminology, namely Forced Urgency according to the with Article 22 of the 1945 Constitution

Commercialization of Waqf Assets in the Perspective of Legislation and Islamic Law Muchlis Bahar
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

The purpose of this study is to analyze the problem of commercialization of waqf assets according to laws and regulations and Islamic law. This research uses qualitative research with descriptive analysis method. The type of data source used in this study is a secondary data source. Based on the results of the analysis, it can be concluded that according to the legislation in Article 1 paragraph (1) Government Regulation No. 28 of 1977 and Law No. 41 of 2004 concerning waqf as well as in the view of Islamic Law that commercializing waqf assets with the aim of obtaining profits that will be used to develop the waqf property itself is permissible (Mubah), because there is no evidence that forbids it. The results of this study also show that waqf assets may not be traded, therefore waqf assets are prohibited from being sold, donated and inherited, while producing waqf assets in the form of commercializing them is not prohibited

Removing Intellectual Property Barrier: A Solution To Renewable Energy Technology Transfer Shelly Kurniawan
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Renewable energy currently becomes one of the global issues. Not all developing countries are capable of inventing or making renewable energy technology. In this regard, the intellectual property serves as a hindrance. The present study aims to further identify hindrances in recreating renewable energy technological invention, as it is protected by intellectual property. This normative legal study reviews literature and other sources relevant to technology transfer, intellectual property, and renewable energy. It concludes that reengineering, as a developmental effort, is difficult to be done within the context of technology transfer. It is possible to perform renewable energy invention reengineering by applying specific stipulation that does not harm the inventor’s moral and economic rights

Page 34 of 93 | Total Record : 921

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HENGKI TAMANDO

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hengki_tamando@yahoo.com

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+6281260574554

Journal Mail Official
legalbrief@isha.or.id

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

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Abstract

Abstract

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

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

Abstract

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