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LEGAL BRIEF

legal
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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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Juridic Review On Civil Decisions Which Was Not Executed Because Of Resistance In The Tobelo State Court" (Judiction Analysis Number 11/Pdt.G/2011/Pn.Tbl Donylisan F. Romkeny; Rusdin Alauddin; Faissal Malik
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

This study is to find out the legal actions taken in the execution of the Tobelo District Court and what are the causes of the non-execution of the object in case Number 11/Pdt.G/2011/PN.TBL which has permanent legal force (inkracht). This research is a normative legal research, namely research that focuses on examining the decision of the Tobelo District Court regarding claims for land ownership without rights and why the decisions of the Tobelo court judges who already have legal force are still hampered in the execution process. The source of data used in this study is secondary data, namely data obtained from library research and documents, which are the results of research and processing of others, which are already available in the form of books or documents that are usually provided in libraries, or privately owned. In legal research, secondary data includes primary legal materials, secondary legal materials, and tertiary legal materials. Based on the results of the research conducted, it can be concluded that this decision cannot be executed due to resistance to the object by third parties and the defendants / defendants. There were also executions that were hampered because when the execution confiscation was about to be placed on the object of the case, it turned out that the object of the case had changed hands to a third party due to the National Land Agency (BPN) continuing to process the transfer of names or the issuance of a new certificate on the object of the dispute. Upon the request for execution, a third party who also feels that they have the right to the object of the dispute then submits another rebuttal or resistance to the execution.

Juridic Review Concerning The Position Of Joint Assets After Post Divorce Analysis Of Civil Decision Number 343/Pdt.G/2020/Pa.Tte Irnayanti Tjan; Rusdin Alauddin; Faissal Malik
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

A marriage agreement is an agreement made before the marriage takes place and binds the two prospective brides who will be married, its contents regarding the issue of the distribution of assets between husband and wife which includes what belongs to the husband or wife and what is the responsibility of the husband and wife, or related to property. In the event of a divorce or death in one of the partners, usually a prenuptial agreement is made for legal purposes for each other's property, husband or wife. Making a prenuptial agreement is allowed as long as it does not conflict with law, religion and decency, moral values ??and customs. All legal actions related to joint property must have the consent of both parties, in this case husband and wife, if it is violated, the consequences of the act are one of the parties can file an objection. Based on the description above regarding the existence of joint property of husband and wife, there are many cases regarding this joint property, such as the case that was submitted to the Ternate Religious Court where between husband and wife who are going to divorce dispute their joint assets after the divorce decision has permanent legal force. Which aims to analyze how the mechanism for the distribution of joint property after divorce without a prenuptial agreement. and what are the legal consequences if one of the parties does not carry out the decision of the Religious Court judge regarding the distribution of joint property which already has permanent legal force. By using a normative juridical research method, which is a type of sociological legal research and can be referred to as field research, which examines the applicable legal provisions and what has occurred in people's lives. This study uses a statutory approach, a concept and case approach. Especially in this case regarding the analysis of the agreement in the Civil Code and the regulation of joint property and the strength of the judge's decision. From the results of the discussion, it was revealed that with respect to these objects, at trial the Defendant was also unable to show proof of ownership and year of acquisition, nor could the proposed witnesses explain the type, year of acquisition and status of the object, as well as during an on-site examination of the object. the intended object is not found, so that the object must be declared unproven and deserves to be declared unacceptable; Whereas based on the provisions of Article 37 of Law Number 1 of 1974 concerning Marriage jo. Article 97 Compilation of Islamic Law, because the marriage has been broken up due to divorce, then for the assets that are designated as joint property of the Plaintiff and Defendant, each Plaintiff and Defendant are entitled to one-half of the joint property. So that in the Court's Decision, the Judge granted the Plaintiff's claim in part and determined that the Plaintiff and Defendant were each entitled to (half) of the joint property

Analysis Of Independence Law Of Children Born From Rent Of Women In The Study Of Civil Law Kartini Pandjab; Rusdin Alauddin; Wahda Z Imam
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Ideally in marriage is the fulfillment of the objectives of the marriage itself, one of which is to obtain legal offspring. Children are the most beautiful gift from God Almighty which is highly coveted by all married couples. But in reality today, not all couples can form a family or give birth to children. This can be due to several things, such as a disease that causes a married couple to be unable to produce offspring. This of course can cause despair for married couples who want to have children. Many married couples are willing to do anything to have a child, not even a few of them adopt children. So with such circumstances, a husband and wife's desire arises to perform artificial insemination by borrowing another woman's womb, then after success they will get a baby or child from the artificial insemination. The surrogate mother program with the correct procedures and the uterus being used for economic needs is very unethical. Although this surrogate mother is quite promising in overcoming several cases of infertility, but because this process is still constrained by laws and regulations due to the absence of legal rules that clearly regulate the practice of surrogate mothers, this of course creates legal uncertainty so that the practice of surrogate mothers it is still questionable what its legal status is. The purpose of this study is to examine the Legal Status of Inheritance and Lineage of Surrogate Mothers in the Civil Law Perspective and to analyze the legal protection of children resulting from the practice of Surrogate Mothers in the Civil Law View. This type of research is included in the category of normative legal research, because in its analysis it uses library materials as a source of research data

Legal Analysis Of Siri Marriage Registration In The Family Card In The Directorate General Of Population And Civil Registration (Dukcapil) Husna; Wahda Z. Imam; Rusdin Alauddin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Some people still carry out the practice of marriages that are not officially registered before the Marriage Registrar (PPN) and the Office of Religious Affairs (KUA) which are known as “sirri” marriages and some call them religious marriages or underhanded marriages. However, at this time through the Directorate General of Occupation and Civil Registry (DUKCAPIL) it is possible to issue Family Cards (KK) for unregistered married couples with a special mark because of the spirit of providing legal protection to citizens. Based on the issues raised above, the issue related to the juridical implications of the issuance of Family Cards for unregistered married couples becomes interesting to study. Especially in the perspective of legal harmonization between the Marriage Law and the Minister of Home Affairs Regulation. The purpose of this study was to analyze the juridical implications of registering unregistered marriages in family cards (KK) in DUKCAPIL. This type of research falls into the category of normative legal research, because it examines and analyzes normatively regulations related to legal implications as a consequence of the issuance of KK.

The Position of the Departing Child Leaving His Parents in Inheritance According to Western Inheritance Law (Case Study of Surakarta District Court Decision Number 70/Pdt.G/2018/PN Skt) Margareth; I Made Pria Dharsana
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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In Indonesia, there are no rules governing the termination of the relationship between parents and children, but the termination of the inheritance relationship between parents and children due to certain reasons is regulated in the Civil Code. In civil inheritance law, when a parent dies, the child is the heir of the parents, but if the child commits an inappropriate act as stipulated in Article 838 of the Civil Code, he is excluded from inheritance. In this study, to examine the position of children who leave their parents in inheritance according to western inheritance law based on the decision of the Surakarta District Court Number 70/Pdt.G/2018/PN Skt. The background of this research is that parents break the relationship and exclude their children from inheritance because they feel hurt and disappointed with children who leave their parents for 21 (twenty one) years. Based on the results of the research, it can be understood that in inheritance according to western inheritance law, it does not determine the legal consequences of the breakup of the parent-child relationship, the child will continue to inherit if he does not fulfill the reasons for inappropriate inheritance as regulated in Article 838 of the Civil Code.

Analysis of Women's Protection Law in Divorce Case Santi; Rusdin Alauddin; Nam Rumkel
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

The Supreme Court Regulation Number 3 of 2017 has not been implemented as a whole in divorce cases in the Religious Courts, women who file for divorce (divorce lawsuits) have not fully obtained their rights due to divorce, and divorces that occur in religious courts are mostly divorce lawsuits. The purpose of the study is to find out the extent to which judges apply Supreme Court Regulation Number 3 of 2017 in deciding cases, especially divorce cases against Verstek's decision, and the obstacles faced by judges in implementing Supreme Court regulations Number 3 of 2017. This study uses empirical normative research methods, while data collection techniques are carried out by interviewing, observing and reviewing literature, books and other information relevant to the study. The results of the study show that the Supreme Court Regulation Number 3 of 2017 is very important and very helpful for judges in making decisions but until now Judges are still having difficulty executing Verstek Divorce Decisions if in the decision there are ex-wife rights due to divorce, especially non-civil servants

SWOT Analysis in Facing the Quality 2024 Elections at the Regional General Election Commission of Kubu Raya Regency, West Kalimantan Heriyanto Heriyanto; Melti Oktavianda; Grace Kelly Hadiputri Sihombing
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 (225.269 KB)

This study aimed to identify internal and external factors at the Kubu Raya Regional General Election Commission and what strategies the Kubu Raya Regional General Election Commission took to prepare for the 2024 simultaneous elections. The research method used was the qualitative method. The study results indicate that as a government institution carrying out its primary duties and functions, the General Election Commission of Kubu Raya Regency is influenced by internal and external conditions. Internal conditions include Institutional, Human Resources, Leadership, Planning and Budgeting, facilities and infrastructure, as well as commitments built. Meanwhile, from the external aspect, it is influenced by the presence of stakeholders in the political field, the condition of the general public and related regulations and the strategies carried out by the arrangement of programs and activities of each work unit; Implementing employee arrangements in accordance with job analysis and employee workload analysis; Increasing the quality and quantity of HR of the General Election Commission of Kubu Raya Regency; Availability of an integrated performance management system; Optimizing the monitoring system and internal control over budget management; Implementation of activities under standard operating procedures (SOP); Availability and implementation of public service standards and notices; Availability of electoral logistics distribution maps; Improvement of modern office facilities and infrastructure; Optimizing the use of information technology; and Availability of an adequate budget ceiling.

Responsibility of Notaries in The Inclusion of The Names of Instrumentary Witnesses Who Were Not Present at The Signing of Authentic Deeds (Study of The Decision of The Rantau Prapat District Court Number 26 / Pdt.G / 2020 / PN RAP) Adella Tanuwidjaja; Siti Hajati Hoesin
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 (267.463 KB)

In essence, the scope of the task of carrying out the position of a Notary is to make evidence as desired by the parties who appear to carry out a certain legal action. The case raised in this study originated from a lease agreement made before a Notary. Based on the applicable laws and regulations, the Notary is obliged to read the Deed in front of an audience in the presence of at least 2 witnesses, or 4 witnesses specifically for the making of a private will, and signed at the same time by the appearer, witness, and the Notary. However, the Notary in this case included the name of a witness in the relevant Lease Deed, even though the witness was actually not present on the day of making, reading, and signing of the deed by the parties. Therefore, one of the parties in the Lease Deed filed a lawsuit against the Notary because he felt aggrieved by the possibility that the Lease Deed would lose its proving power as an Authentic Deed because it did not meet the requirements as regulated in the laws and regulations. The main issue raised in this study is the responsibility of the Notary in including the name of the Instrumental Witness who was not present at the signing of the Authentic Deed and its implementation in the decision of the Rantau Prapat District Court Decision Number 26/Pdt.G/2020/PN RAP. This research is normative judicial research. The type of data used is secondary data obtained through literature study. To further elaborate the main issue, it is further described in the introduction, a discussion of the Instrumental Witness and the responsibilities of the Notary in relation to the inclusion of the name of the Instrumental Witness who was not present at the signing of the Authentic Deed, and closing.

Ministry of Religious Affairs of Toba Samosir Regency Public Relations Performance to Increase Knowledge of Potential Pilgrims Muhariman Siregar; Hasan Sazali; Indira Fatra Deni
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

This study seeks to evaluate the public relations strategy of the Toba Samosir Regency Ministry of Religion in expanding the understanding of prospective Hajj pilgrims, as well as the inhibiting and supporting aspects of the Toba Samosir Regency Ministry of Religion's office in doing so. This study's data was collected through interviews, observations, and documentation, and then analyzed utilizing qualitative methodologies. The results of this study indicate that the Public Relations office of the Ministry of Religion of the Toba Samsir Regency employs the following strategies: 1) collecting data on prospective Hajj pilgrims in order to obtain facts; 2) educating the public about the importance of the Hajj; and 3) educating the public about the importance of the Hajj. 2) planning by compiling actions associated with the execution of the Hajj 3) Activity and communication, such as sociability, pilgrimage rites, and coaching 4) Evaluation, including performing in-depth reviews at both the district and provincial levels in conjunction with coordination meetings. The factors inhibiting public relations at the ministry of religion are differences in congregational characteristics, a lack of human resources at the ministry of religion office, and the distance between the ministry of religion office and the candidates' congregation, while the factors supporting public relations are the trust of prospective pilgrims in the committee, communication facilities, and the support of various parties.

Education Of Sharing Culture In The 20th Ramadhan 1443 H – Upmi Share Ta'jil At Mamiyai Orphanage, Jalan Bromo, Medan City Dewi Robiyanti; Imanuddin Siregar; Ismayani Ismayani; July Esther; Erwin Hamonangan Pane
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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This study aims to discuss the phenomenon of sharing ta'jil sharing activities during Ramadan in Indonesia, the study of the science of ma'anil hadith. This research is a qualitative type that applies a literature study by applying the maudhu'i hadith method from a cultural perspective with a phenomenological approach. The results and discussion of this study include the phenomenon of sharing ta'jil during Ramadan in Indonesia, ma'anil hadith sharing takjil during Ramadan, as well as the virtues and benefits of sharing ta'jil. This study concludes that the phenomenon of sharing takjil during Ramadan by people in Indonesia has a positive impact on people who receive ta'jil and has many virtues and benefits for ta'jil givers both in hablumminannas relationships (relationships with fellow human beings) and with habumminallah (relationships with fellow humans) creature with the creator). This study recommends that this simple research be perfected and it is recommended to all Muslims to continue to preserve the phenomenon of sharing ta'jil because there are many benefits and virtues.

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Home Page

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Editorial Team

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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

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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