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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 Politics for the Establishment of DKI Jakarta Province Regional Regulation No. 2 Year 2020 about Covid-19 Rahmat Ilhamdani
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (205.757 KB)

Health is a fundamental and invaluable human right for the implementation of other human rights. Therefore, the right to health should be respected and implemented by the state as one of the fundamental rights. The state's obligation to provide protection for the right to health owned by all citizens is in line with what is stated by WHO, namely the state in this case the government has a responsibility for the health of its citizens. Establishment of Regional Regulation No. 2 of 2020 concerning Covid-19 from the point of view of legal politics is that Law Number 2 of 2020 is the ratification or stipulation of Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the COVID-19 Pandemic and in the Context of Threats That Endanger the National Economy or Financial System Stability into Law.

Law Enforcement Against Perpetrators of Illegal Charges Perpetrated by Civil Servants (Case Study of the Makassar District Attorney) Ismail A. Rauf; Abd. Azis; Hijrah Adhyanti Mirzana
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Law enforcement against perpetrators of illegal levies committed by civil servants that occurred in Makassar has not been firmly enforced with penalties in accordance with the law. This research is an empirical normative research, combining a normative legal approach to legislation with empirical elements in the form of interviews. The results of the study indicate that law enforcement against criminal acts of Corruption with the Modus Operandi of carrying out illegal levies (Pungli) by Civil Servants and State Organizers is currently still limited to the application and enforcement of the provisions of Article 12 letter e of the Republic of Indonesia Law Number 31 of 1999 regarding the Eradication of Criminal Acts of Corruption as amended and added to the Law of the Republic of Indonesia Number 20 of 2001, this is due to an understanding by Law Enforcement Officials who are of the view that illegal levies have nothing to do with State Financial Loss, and (2) In the context of In the author's research, the Makassar District Attorney has many factors that affect the enforcement of illegal levies, as follows, namely the Law Factor, Law Enforcement Factor, Facilities or Facilities Factor, Factors society, cultural factors

Dive Into the Challenges of Law Enforcement of The Notary Code of Conduct in the Digital Age Syauqina Maghfirah Salsabila; Dory Aprilya Subroto; Ninik Pratiwi
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

The purpose of this study is to analyze the problems faced by notaries in implementing the code of ethics in the digital era and what are the problems of law enforcement of the notary code of ethics in the digital era. This research is normative juridical research using statutory, conceptual, and case approaches and analyzed descriptively qualitatively. The results of the analysis show that the digitalization era which is dominated by social media platforms can be an opportunity for Notaries to simplify their performance, but on the other hand it also opens up new potential for Notaries to take actions that violate the Notary's code of ethics. That is why the existence of the Notary Supervisory Council is very necessary to really carry out supervision and action against notaries who violate the code of ethics. The problem that has been experienced in the context of law enforcement of the notary code of ethics is that so far MPM seems to work half-heartedly, so that many notaries do not heed the warnings or sanctions given when they are found to have violated the Notary Code of Ethics.

Alternative Transition Of Potential Public Service Retribution Through The Services Of Regional Public Services Agency Ihsanul Maarif
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

The logical consequence of regional autonomy is that every regional government is obliged to improve efficiency and effectiveness in the administration of government and services to the community by utilizing regional resources. Regional taxes and regional levies, which are components of Regional Original Income (PAD), have good prospects for development. Therefore, regional taxes and regional levies must be managed professionally and transparently in the context of optimization and efforts to increase their contribution to regional income. The enactment of Law No.1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, presents a restructuring or simplification of a number of regional taxes and regional levies. Regional taxes were restructured from 16 types to 14 types of taxes. Meanwhile, the object of regional retribution is simplified into 18 types of services from 32 types of services. The simplification of retribution has had an impact, especially on public service retributions, which lost 10 objects of retribution. In addition, the obligations of the Regional Government in providing public services to the community must be fulfilled. Among the many ways, the provision of public services can be fulfilled by the establishment of a BLUD. The implementation of BLUD by the Regional Government on user fees is often done. The simplification of user charges has a significant impact on the potential for PAD revenue. Moreover, many objects of public service retribution that are removed can become the basis for BLUDs as bodies that provide public services to local government delegates. The method used in this research is normative juridical, namely testing and reviewing secondary data. With regard to the normative juridical approach used, the research carried out through two stages, namely library research and field research which is only supporting. The results of the study show that the provisions related to the simplification of regional retribution by Law no. 1 of 2022 concerning HKPD, is dominated by changes in nomenclature, the abolition and addition of a number of objects of retribution. Elimination of retribution is not balanced with accountable supervision. The authority to establish BLUD is owned by the Regional Government in an attributive manner which is delegated to the UPT. The independence of BULD is reflected in the Government's desire to make BLUD a customer-oriented, not-for-profit-oriented and outcome-oriented organization. Conceptual changes and regulation of retribution have not reduced the problem of regional fiscal dependence. The simplified object of public service retribution needs to be optimized through BLUD services, in accordance with Permendagri No. 79 of 2019 concerning BLUD

The Position of the Indonesian National Sports Committee (INSC) and the Indonesian Olympic Committee (IOC) in Indonesia Gunawan Widjaja; Rizka Anindya Manjayani; Rianti Nurul Oktavia; Nur Ulfa Maulida; Elisabeth Purnama Massang; Rafa Zahirah Husein; Farrel Abiyu Ramadhana
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

World institutions that regulate sports are under the authority of the International Olympic Committee (IOC). Currently, two institutions in Indonesia, namely the in: Regional Sports Committee (RSC) and the Indonesian Olympic Committee (IOC). The Indonesian National Sports Committee (INSC) is the only organization authorized and responsible for managing, fostering, developing & coordinating the entire implementation of sports activities for each member's achievements in Indonesia. RSCis an independent and non-governmental body, meaning that sports activities return to the community. Judging from the historical aspect of the birth of Presidential Decree No. 72 of 2001, RSC was positioned as a single public legal entity that carried out coaching and development of sports and achievements. This study aimed to explain the existence, legality, and authority of RSC and IOC. This research is normative legal research with qualitative analysis using secondary data. The results of the research and analysis show that the two institutions legally go hand in hand and do not overlap.

Legal Analysis And Education On Blessing In The School Environment Emiel Salim Siregar; Dicky Apdilah
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 (220.48 KB)

The school environment is a meeting place between teachers and students, with a philosophy to improve students' intellectuals and produce an education that has high dedication and morals and respects others. In this study, analysis and education were conducted on the law of bullying among students and children. This research method aims to analyze the law that regulates bullying. The method used is by tracing the law that applies to the perpetrators of bullying and the psychological impact on the victim

Implementation of Religious Court Judge's Decisions in Children by Husband Post Divorce Abdul Rifai; Husen Alting; Baharuddin Hi; Rusdin Alauddin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Children are a mandate in the hands of their parents and a clean heart is a very valuable gem. The presence of children in a family is a complement to the happiness of a marriage. Among the legal consequences of breaking up a marriage is the issue of children, because after the divorce of both parents, their rights will not be reduced to get all their needs. Formulation of the Problem What are the legal consequences for a father who does not carry out the judge's decision on the obligation to support children after divorce, How is the problem with submitting the decision of the Religious Court judge regarding the obligation to support the child after the divorce and What is the ideal concept of completing the execution of the decision of the Religious Court which is not carried out by the parents? (father) regarding his obligation to support children after divorce. The approach method used in this study is normative, with primary and secondary data approaches. The impact of the father's obligation not to carry out the court's decision Article 16 PP No. 53 of 2010. The obligation to give part of the salary to the ex. Decree of the Head of BKN No: K.26-30/V.99-6/99 Regarding the explanation of the obligation to give part of the salary to ex-wife and children. The problem of delivering the decision of the judge of the religious court regarding the obligation to support children in divorce includes the problem of the execution of the obligation to provide for the father for the maintenance of the child after the divorce. The petitioner for execution does not know what property the respondent owns. The father is unable to carry out the decision regarding the obligation to support the child on the grounds that he does not have property. The ideal concept of settlement includes Efforts in carrying out the execution of child support, guaranteeing husband's property, execution costs charged to the respondent.

Building a Copyright Legal Culture Through Awards to Book Authors: Building a Culture of Copyright Law Through the Giving of Appreciation to Authors Happy Yulia Anggraeni; Yuyut Prayuti
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 (651.999 KB)

Universities in Indonesia have been known to act as educational and teaching institutions, as well as research and community service institutions. The function of Higher Education itself is to increase the added value of students, to produce trained and educated human resources in the fields of science, technology and art so that they can produce Intellectual Property through various research and innovation activities carried out. Universities are obliged to increase the participation of the academic community in supporting institutional performance and making a significant contribution to the community's economy as well as participating in IPR which is a form of real commitment in contributing and being an important part of the development of the National Innovation System (SINAS) in Indonesia. This type of research is normative legal research, with a statutory approach. Types and sources of primary research materials and sources of secondary research materials. The technique of collecting legal materials is through document studies (library studies), and data processing techniques using descriptive techniques. Finally, this study uses data analysis techniques with deductive logic, or processing legal materials by deductive means. This study concludes that efforts to increase awareness of respect for other people's copyrighted works are indeed not an easy job, must be supported by facilities and infrastructure that require very large costs. Support for academics, students, law enforcement officials, the government and the general public regarding copyright is very much needed, because the challenges that arise are not only in terms of the laws and regulations which always open up space to be interpreted differently, but also weak law enforcement, the lack of government contribution to fulfillment of educational data and lack of awareness of respecting copyright of ordinary people or those who are in the world of education, especially higher education..

Identification of Legal Aspects of the Environment and Patterns of Citizens' Awareness of Environmental Safety, Sustainability, and Balance Budi Sulistiyo Nugroho; Irma Rachmawati Maruf; Adi Mursalin; B.M.A.S. Anaconda Bangkara; Endang Fatmawati
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Efforts to save the environment have been carried out in various ways, including creating policies and implementing the Law on citizen awareness of the importance of safety, balance, and environmental Sustainability. This study sought to identify several scientific studies that state how critical legal aspects are to environmental occupation and the management of citizens so that the environment can be sustainable. This study utilized secondary data from several books and scientific articles that actively discuss ecological and safety issues. After a series of reviews, we managed to find several important things, including how the definition of environmental Law; then we saw the scientific substance related to how the government should be given to citizens, then the legal aspects and existing systems, then also how the environmental aspects and the role of the government in implementing the Law and also the role of the government. The private sector in saving the environment. It is hoped that these findings will be helpful for future studies.

Legal Protection of Outsourced Workers on Outsourcing Agreements with Pt. X in Sidoarjo Benita Dita Rezanti; Ghanisworo Ayu Pratiwi; Athifatul Wafirah; Satiti Hanifah; Sella Flatinaningtyas Ayu Lestari
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

The focus of the problem is divided into (1) analysis of the legal relationship of the parties in the outsourcing agreement Company X in Sidoarjo City, (2) legal protection of workers in outsourcing agreement Company X in the city of Sidoarjo. This study uses type of normative juridical research, based on analysis of legal facts, supported by legal literature and legislation as empirical data. The results of this study are (1) legal relations focusing on worker and also Company X, because they have agreed in the work Agreement and become a strong legal basis and must be obeyed by both parties, Company Y can not be sued because the company is only a labor user company only. (2) legal protection for outscourcing workers can be done preventively with legal protection set by goverment, because there has been dispute over rights in indrustrial relations. So repressive legal protection is more appropriate to be applied by fighting for the normative rights of outsourcing workers through non-litigation and litigation, this issue raised by this author finally completed through mediation from Sidoarjo City Disnaker with an agreement of Company X will pay compensation for the remaining wages as contained in the employment agreement.

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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

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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