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INDONESIA
LEGAL BRIEF
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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Tinjauan Hukum Terhadap Tanggung Jawab Sosial Perusahaan (Corporate Social Responsibility) Rahmadany; Isdiana Syafitri; Atika Sandra Dewi; Daud
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

In many countries with developed industries, corporate social responsibility (CSR) is not a legal obligation, but an action that has ethical and moral dimensions so that its implementation is voluntary. In Indonesia, corporate responsibility is made a legal obligation that must be obeyed by the company as contained in Article 74 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies. In carrying out its activities, a Limited Liability Company must interact with various components related to it. In general, there are two components involved in the activities of a Limited Liability Company, the two components we know as shareholders and stakeholders. A shareholder is a component related to the internal of the Limited Liability Company, which in this case is known as the shareholders while what is meant by Stakeholders are all parties outside the shareholders who are related to the activities of the Limited Liability Company. The existence of a Limited Liability Company in a community environment must be able to make a positive contribution to the community concerned. There are many values ??and orders that have lived in a society that must be maintained with the emergence of a new element in their environment
Juridical Review of Legal Protection Against E-Commerce Consumers on The Marketplace Udi Juswanto; Suryanto Suryanto; Yusuf Gunawan
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to find out and analyze how Law No. 8 can provide legal protection for E-Commers consumers on the Marketplace and to find out and analyze how the legal protection for E-Commers consumers on the Marketplace in the future. The type of research used is normative legal research. So that it focuses on an inventory of positive law, legal principles and doctrines, legal findings in cases in concerto, legal systematics, levels of legal synchronization, legal comparisons, and legal history. This study uses the type of qualitative analysis, which is a study that aims to describe the nature of a particular individual, condition, symptom or group, or to determine the frequency of a symptom, describing the problems that occur related to research. The results show that (1) Legal protection for E-commerce consumers in e-commerce transaction activities on the marketplace is basically an electronic contract engagement activity carried out by two or more parties between business actors and consumers in buying and selling goods and/or services as well as in the form of payment transactions. So that in the process the agreement made is a standard agreement that has a tendency of great risk to consumers.
Sistem Kekerabatan dan Pengaruhnya Terhadap Hukum Waris Islam Halimatul Maryani; Adawiyah Nasution; Dani Sintara; Bonanda Japatani Siregar
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

The Indonesian nation is famous for its diversity of different ethnic groups, races, ethnicities, cultures, and religions, giving rise to certain uniqueness such as regulating the character of one's personality as a family member. There are three forms of the kinship system that exist in Indonesia in terms of continuing the offspring in the family, namely unilateral, parental, and multilateral. Laws in Indonesia are also very diverse due to the influence of the conditions of the pluralistic society, including different customs. This paper will discuss only two hereditary systems. Well, the lineage system in unilateral form is an interesting system of lineages. There are two forms of this unilateral system, namely patrilineal and matrilineal. The patrilineal system is a family kinship system that is enforced by looking at the lineage of the father such as the Batak, Lampung, Gayo, and others, meaning that a person's or family's lineage system connects himself to the father, entirely upward to the father of the father as an example of "Marga". For the Batak clan, the clan is followed by the father's lineage and genealogy, from top to bottom. As for the matrilineal, this is the opposite kinship system from the father, namely the continuation system in the family is enforced by looking at the lineage of the mother, meaning that each person will always connect himself to the mother, like the Minangkabau tribe, then the family relationship is drawn upwards from maternal lineage, also downwards. The aim is to examine the influence of the existing kinship system in Indonesia on Islamic inheritance law, using a combination of normative juridical and sociological juridical methods.
Environmental Legal Aspects In Protection Of Natural Resource Management Rusdin Alauddin
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 (478.544 KB) | DOI: 10.35335/legal.v11i4.493

Abstract

This study aims to identify the application of Administrative, Civil and Criminal sanctions against Environmental Criminals and formulate factors that affect law enforcement against environmental criminals, in the context of utilizing/protecting natural resources. The type of research used in this research is normative legal research, there are 3 kinds of library materials used, namely primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques used through documentation studies or through literature searches. The data obtained from the literature study will be analyzed with descriptive analysis techniques. The results of the study obtained that the application of sanctions from the aspect of environmental law to the use of Natural Resources was carried out through three fields, namely the field of State Administration, the field of Civil and the field of Criminal Affairs. The application of sanctions in these three fields is still very minimal contribution in efforts to protect and manage the environment in Indonesia. Many factors are obstacles to the application of legal sanctions in the environmental sector, including: Legislation in the field of environment still has many shortcomings. Among other things, the incompleteness of formal legal and material law issues contained in the PPLH Law. These deficiencies are often used to avoid sanctions by environmental crimes, law enforcement factors that have shortcomings in terms of quality and quantity. This is illustrated in many cases, especially in major cases such as the Lapindo Mud Case, factors of very inadequate supporting facilities, Factors it seems that the level of awareness, compliance and behavior of citizens towards laws and regulations is still very low
Social Function of Land in The Development and Acquisition of Land For Public Interest Arvid Syahbuddin Januar; Faizatuluzmi Mardhiana; Amalia Anggita Cahyani; Titi Aisyah Dhaniarni
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study examines aspects of the social function of land for the public interest in every development carried out by the government. Second, how is the polemic in the compensation process for relinquishing land rights for development. Finally, the polemic of the Constitutional Court's decision no. 50/PUU-X/2012. The research findings show that the conception of the Social Function of Land for the public interest is not always in accordance with the real meaning of the public interest and the process of compensation for land is still far from the spirit of the UUPA Jo Article 33 of the 1945 Constitution. 2/2012, to deconstruct the meaning of “social function of land” in order to conform to the philosophy of Article 33 of the 1945 Constitution and the LoGA. The DPR must immediately complete the Agrarian Structure Reform and Restructuring Bill, the Agrarian Conflict Resolution Bill, and the Natural Resources Management Bill, as mandated by MPR Decree No. IX/2001 Jo Tap MPR No. V/2003. Development for the public interest must be placed in the spirit of the social function of land and agrarian reform in order to achieve the greatest prosperity for the people.
Perum Bulog (Logistics Affairs Agency) Medan Regional Office's Public Relations Strategy for Maintaining the Company's Image Harun Andika; Indira Fatra Deni
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to describe the public relations strategy of Perum Bulog in the Medan area office in maintaining the company's image. The main purpose of public relations is to make consumers aware of the company and to see the brand/product as trustworthy. Every organization exists in a social, legal, political environment where it has to interact with different institutions and individuals. Public Relations is the process of managing an organization's communications with stakeholders. It plays a company's reputation, compliance, marketing, risk and crisis management. Public relations can include activities built around a favorable corporate image through publicity and public activities (market operations by Bulog). This research is a descriptive qualitative research that aims to explain the public relations strategy of Bulog office in Medan in maintaining the image of the company that is the object of research. The results showed that the Public Relations of Bulog Medan was identified as a tool that really builds the company's image and sustains it because it helps shape the way the organization's public sees or views the organization. This public can be internal or external. The approach adopted by the organization and being proactive is also very important. A proactive approach is better than a reactive approach, because the company may need time to improve its image as a State-Owned Public Company.
Legal Protection for Debtors in the Implementation of Fiduciary Guarantee Objects Execution After the Enactment of the Constitutional Court Verdict No. 18/PUU-XVII/2019 Rayhan Aminuddin Haroen
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study examines the regulatory arrangements regarding the execution of fiduciary guarantee objects based on the laws and regulations in force in Indonesia, as well as forms of legal protection for debtors in the execution of fiduciary guarantee objects that are not in accordance with Constitutional Court Verdict Number 18/PUU-XVII/2019 using the juridical-normative method, with descriptive research type, and data collected through secondary data consisting of legal materials. The conclusions of this study are: Constitutional Court Verdict Number 18/PUU-XVII/2019 regulates fiduciary guarantee in which there is no agreement on breach of contract (default) and the debtor’s not willing to submit voluntarily the object that is guaranteed for fiduciary guarantee execution, then all legal mechanisms and procedures in implementing the Fiduciary Guarantee must be carried out and implemented in the same way as the execution of court verdict. The issue that arises in the implementation of this regulation is the creditor who often executes the object of a fiduciary guarantee by force without the consent of the debtor, which is contrary to the verdict. Forms of legal protection that can be given to debtors, namely preventive legal protection and repressive legal protection. This study suggests the Financial Services Authority to carry out intensive and strict supervision of creditors and/or execution of debt collectors who violate laws and regulations in the implementation of the object of fiduciary guarantee, as well as enforce law with sanctions, both administrative and criminal if proven to have committed a violation of these provisions.
Juridical Analysis of The Discrepancy in The Format of The Certificate of Charge for The Right of Protection in Terms of Law Number 30 of 2004 Concerning The Position of Notary Arzanela; Mohammad Fajri Mekka
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

Based on Law No. 30/2004 of the Position of Notary as amended by Law No. 2/2014, the authority of a notary as a general officer is to make a notarial deed which is an authentic deed, as long as the making of the deed is not also assigned or excluded to other officials or other people stipulated by law. In line with that, Article 15 paragraph (1) of Law No. 4/1996 on Dependent Rights to Land and Objects Related to Land gives authority to notaries to make a Power of Attorney to Impose Dependent Rights (SKMHT). Article 84 of the UUJN regarding civil sanctions against Notaries and Article 85 of the UUJN regarding administrative sanctions against Notaries, then there are no sanctions for Notaries if the deed made before or by the Notary does not meet the provisions of Article 38 of the UUJN. Although UUJN does not provide for sanctions for Notaries who make deeds not in accordance with the provisions of Article 38 of the UUJN, then in this case it must be linked to other legal rules that have to do with notarial deeds, in this case namely Articles 1868 and 1869 of the Civil Code (KUHPer). The problem is How is the violation if the notary follows the method of making SKMHT in accordance with the PPAT in terms of Perkaban and the legal consequences of the notary's actions if in the case of the notary committed a violation of the manufacture of SKMHT in accordance with the bandage To answer this problem, this type of research is normative. The data used are secondary data, collecting literature study data, and analyzing qualitative data and drawing conclusions of deductive methods. The conclusion of this author states that (1) Notaries do not have the authority to make SKMHT with deeds, in accordance with Article 15 of Law No. 30/2004 as amended by Law No. 2/2014 and Article 1868 BW, Notaries are only authorized to make deeds instead of making letters as is the case with SKMHT as mandated in Article 15 paragraph (1) of Law No. 4/1996,  (2) The notary in making the power of attorney to impose dependent rights cannot use the SKMHT blangko that has existed so far, but or the Notary is not authorized to make SKMHT by using the SKMHT blangko, then the Notary must make it in the form of a Notarial deed (not a letter) by fulfilling all the provisions stated in Article 38 of the UUJN and not using the SKMHT blangko.
Analysis of Legal Urgency of Premarriage Agreements Related to Gono Gini's Assets in Ternate Religious Court Jumriyani Jumriyani; Rusdin Alauddin; Baharuddin HI
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

The importance of a prenuptial agreement is closely related to the legal consequences that arise with the existence of marriage, namely, regarding assets, obligations of husband and wife and also the future of children born from marriage. Marriage has three legal consequences, namely, the existence of a legal relationship, the existence of assets and obligations to the children who are born and as a result of marriage including the existence of property and mixing of the property of both parties (husband and wife) which is known as innate property. , joint property, acquisition property and inheritance. The regulation regarding the protection of marital property of husband and wife in the form of a marriage agreement has been mandated by the legislation which has been explained comprehensively in the Civil Code. This study aims to determine the legal urgency of prenuptial agreements related to property gono gini at the Ternate Religious Court. This study uses a normative research method with an approach to legislation. The results show that the urgency of the prenuptial agreement law is to regulate the legal consequences of marriage, including the separation of assets obtained before marriage. In addition, the prenuptial agreement can also be about the separation of debts that occur before marriage, during the marriage, after divorce, and even death.
Regulation of Income Tax in Law Number 7 of 2021 in An Effort to Create Justice and Legal Certainty Imron Chumaidi; Afif Noor
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

Income Tax Regulations in Law No. 7 of 2021 Concerning Harmonization of Tax Regulations has brought changes to the existence of income tax as a source of state revenue. One of the considerations for changing the Income Tax Law, in addition to increasing state revenues from the tax sector, is to provide justice and certainty for taxpayers. Justice and certainty are requirements for tax collection that must always be considered when drafting regulations in the taxation sector. This research will examine the income tax regulation in Law No. 7 of 2021 from the perspective of justice and legal certainty. Data mining is carried out using secondary data in the form of primary legal materials and secondary legal materials. Based on the data obtained, it can be concluded that the income tax regulation in Law No. 7 of 2021 has provided justice and legal certainty, which, among others, is indicated by the five layers of income tax and the widening of the range of taxable income (PKP).

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