LEGAL BRIEF
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.
Articles
921 Documents
<![CDATA[Legal Considerations Of Individual Companies As A Choice Of Current Form Of Business Entity (Case Study Of Individual Company R) ]]>
<![CDATA[Naufal Viansa Fadhlurrahman]]>;
<![CDATA[Mohamad Fajri Mekka Putra]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[As stated in Article 28D paragraph (2) of the 1945 Constitution which reads that everyone has the right to work and to get an imbalance and fair and proper treatment in work relations. The verse can be used as the basis that everyone has the right to work, Humans themselves as economic beings act as agents who carry out economic actions to meet their needs. One form of meeting these needs is to do business. The purpose of this study is to explain the existence of a new form of business entity, namely an individual company which is a new form of business entity which is a legal entity in accordance with Law Number 11 of 2020 concerning Job Creation (cipta kerja). In this study, I raised the formulation of the problem how the form of individual business entities compared to other business entities at this time. The author takes a sample from the practice of company R. So, the second formulation is How an sole proprietorship company can be the right choice for an sole proprietorship R still has several obstacles in practice, especially the form of business problems, as well as the role of a notary in the formation of a form of business entity. The method used in this research is juridical-normative. The results of this study indicate that an individual company can be the preferred form of business entity for a sole proprietorship R.]]>
<![CDATA[Sadd Al-Dzari'ah's Analysis Reviewed in Covid 19 Cases by The Government in Indonesia ]]>
<![CDATA[Sudirman Suparmin]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
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<![CDATA[The Covid-19 case, which has become a problem in the world and in Indonesia, is a common concern. In Indonesia, covid 19 cases with a percentage of 6.47 million, both confirmed cases, recovered cases, and deaths to active cases. Therefore, the purpose of this study is to find out the handling of Covid-19 by the Government in Indonesia, and to find out the concept of Sadd Al-Dzari'ah in the case of Covid 19 in Indonesia. The legal research method used is a type of normative juridical legal research by analyzing the case approach and the source of legal material used is the source of primary legal material studying the concept of Sadd Al-Dzari'ah and looking at data on covid 19 cases and skunder legal materials in the form of journals and other media related to this research. It is known that Indonesia has handled covid 19 cases as much as possible with various efforts, policies carried out by the government, which are ushered in making regulations and even forming teams etc. Then in the concept of Sadd Al-Dzari'ah is a concept born from the consideration of studies of legal considerations, especially for the benefit of the human ummah in line with the policies made by the government because it concerns the mashlahah of the human ummah.]]>
<![CDATA[Constraints of Pamong Praja Police in Law Enforcement of Food Traders ]]>
<![CDATA[Tri Lestari Hadiati]]>;
<![CDATA[Darmawan Tri Budi Utomo]]>;
<![CDATA[Dian Adi Saputra]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i4.505
<![CDATA[Local governments seek to enforce regional regulations and have a role as law enforcement officers through the Civil Service Police Unit (Satpol PP). This is contained in Government Regulation (PP) Number 16 of 2018 concerning the Civil Service Police Unit. The regional government of Blora Regency through the Civil Service Police Unit of Cepu Subdistrict is also optimizing efforts to enforce Regional Regulations (Perda). So far, in practice in the field, many violations are found on the shoulder of the road and the sidewalk is not functioning at several points in Cepu District, as stated in Regional Regulation 01 of 2017 concerning Public Order. The purpose of this study is to analyze the constraints and find solutions to the role of Satpol PP in Cepu District, Blora Regency in law enforcement against Street Vendors (PKL) who sell on the sidewalks of the Cepu PLN office. This type of research is normative juridical. The results of this study 1. Law enforcement of street vendors who occupy the sidewalks of the PLN Cepu unit. The role of the Cepu District Civil Service Police Unit is to demolish the permanent stalls belonging to street vendors. This will create an orderly society against the rule of law. 2. Obstacles faced if there are street vendors who are found to be selling again on the sidewalk area of This will create an orderly society against the rule of law. 2. Obstacles faced if there are street vendors who are found to be selling again on the sidewalk area of This will create an orderly society against the rule of law. 2. Obstacles faced if there are street vendors who are found to be selling again on the sidewalk area of the PLN Cepu Unit Office, this must be immediately warned so that the number of street vendors who resell in the area does not increase. 3. The solution is to have regular discussions or socialization regarding Regional Regulation 01 of 2017 concerning public order and Regional Regulation number 20 of 2018 concerning the Arrangement and Empowerment of Street Vendors to PKL and former PKL associations.]]>
<![CDATA[The Implementation of Rehabilitation for Drug Using Police Members (Case Study in the Blora Police Legal Area) ]]>
<![CDATA[Indah Purnama Dewi]]>;
<![CDATA[Asri Agustiwi]]>;
<![CDATA[Bintara Sura Priambada]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i4.506
<![CDATA[In general, the Indonesian people and the international community are today confronted with a very concerning scenario as a result of the widespread unlawful usage of numerous sorts of narcotics. Narcotics misuse is employed not just by the general populace, but also by the police. As we all know, the police have a critical role in combating and eliminating drug usage in society. The legal system that applies in Indonesia as a state of law certainly upholds equality before the law and the government for every citizen, not to mention perpetrators of criminal acts committed by law enforcement officers themselves, in this case members of the Indonesian police, who must go through a legal process in accordance with the applicable legal rules if proven legally and convincingly to commit a crime. The investigation of police officers is governed by the rules of the general criminal procedure legislation and Law Number 2 of 2002 regulating the Indonesian National Police. Thus, it is expected that the vision and mission of determining criminal sanctions can be realized, namely creating a deterrent effect for all those who have violated the rules of criminal acts regardless of the person who committed the crime, and this is expected to be a means of enforcing criminal law by the police. The issue at hand is the introduction of rehabilitation programs for active members of the National Police (Case Study in the Legal Area of the Blora Resort Police). This study employs normative legal research. The normative research approach is strongly tied to library research because it will require secondary data from the library]]>
<![CDATA[Responsibility of Land Deed Officials for False Information on The Selling Buying Deed (Case Study Court Decision No Number 66/PDT.G/2016/PN TSM) ]]>
<![CDATA[Vanessa Angelina]]>;
<![CDATA[Mohamad Fajri Mekka]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[There is a lawsuit starts from the debt of the seller to the buyer of IDR 720,000,000 (seven hundred and twenty million Rupiah). From the proceeds of the debt, the seller guarantees the land to the bank under the name of the buyer, with the sole purpose of returning the land when in is paid off. Over time the land was not returned and the seller filed a lawsuit against the buyer. The official who made the land deed who made the Sale and Puchese Deed also become a Co-Defendadnt to be held accountable for the Sale and Purchase Deed Number 401/2012 dated August 8, 2012. To answer this problem, the author uses the normative juridical method. From the results of this study, it shows that the official making the land deed in making the Sale and Puchase Deed has done it legally and is not responsible for the false information. the official making the land deed is only responsible for formal and material data and applies the precautionary principle.]]>
<![CDATA[Government Policy in Preserving Cultural Heritage in North Aceh District ]]>
<![CDATA[Syamsuddin Syamsuddin]]>;
<![CDATA[Mauludi Mauludi]]>;
<![CDATA[Tarmidi Tarmidi]]>;
<![CDATA[Nurul Alyasin Ramadini]]>;
<![CDATA[Zuruh Zun Natur]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field ]]>
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<![CDATA[The Malikussaleh tomb complex is one of the most important cultural heritages for the history of the Kingdom of Aceh, so its existence must be maintained and preserved after all. The government has an important role in changing a culture to be more advanced. The progress of the times is the result of thinking and human activities that make everything better. The purpose of this study is to analyze the Government's Policy in Preserving the Malikussaleh Tomb cultural heritage and analyze the obstacles in the preservation of the Malikussaleh tomb. The research method used is descriptive qualitative, research by collecting field data which is then discussed and analyzed with reference to the theoretical basis. The government's policy in preserving Malikussaleh's tomb has not gone well. Until now, Malikussaleh's tomb still looks neglected. The connecting road between the tombs has not been built as much as possible. The government should carry out construction on the connecting road between the tombs in the Malikussaleh tomb complex. So that visitors can more easily access the history. Whereas good tomb preservation will be profitable for regional finances. Many visitors come even from outside Aceh to find out about the history of the Pasai kingdom. Of course, the number of visitors will add to the regional asset, namely PAD. There are many obstacles faced by the government in preserving the tomb of Malikussaleh. With community participation, the government feels helped and more enthusiastic in doing conservation. The role of the community is number one for the region.]]>
<![CDATA[The Protection Law to Consumers for The Right to Get Information from Imported Product ]]>
<![CDATA[Berlian]]>;
<![CDATA[Permai Yudi]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The existence of a free market, makes the faucet of commerce between countries wide open. Business actors are increasingly competing to produce highly competitive goods and services. It is expected to be able to compete on a global scale. Here consumers will get a better and wider choice. However, consumers may not get their legal rights as consumers, due to various things that happen. So in this context, the presence of Law Number 8 of 1999 which regulates consumer protection is more of a legal effort to provide protection, and is not intended at all to kill the business of entrepreneurs. In trade between countries, where foreign products can enter freely into the country, the government needs to be present to advocate for its citizens. The state plays an active role in controlling the interaction between business actors and potential consumers, which in this context is information on imported products. The right of consumers to know information regarding goods imported from foreign countries must be fulfilled, so that disputes are avoided. So furthermore, the presence of the Consumer Dispute Resolution Agency is certainly an important thing that is very beneficial for both parties, namely business actors and consumers, when they are involved in business interactions that lead to conflict.]]>
<![CDATA[The Concept of Non-Conviction Based Asset Forfeiture As a Legal Policy in Assets Criminal Action of Corruption ]]>
<![CDATA[Muhammad Fuad Azwar R]]>;
<![CDATA[M. Said Karim]]>;
<![CDATA[Haeranah]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i5.515
<![CDATA[This research aims to analyze the legal regulations against mechanism of assets confiscation that exist in Indonesian positive law as well as to analyze the concept of non-conviction based asset forfeiture as a legal policy in assets ccriminal action of corruption. The type of research that used is normative (legal research) or doctrinal. The results of this research shows that asset confiscation regulations in indonesia’s current positive law carried out by handling criminal forfeiture and civil forfeiture but the regulations still based on criminal evidence first (follow the suspect) and criminal law still places the seizure of assets as an additional crime. Indonesia has ratified the United Nations Convention Against Corruption (UNCAC 2003) through law no. 7 of 2006 which then as a follow-up to the government in the renewal step publishes the draft law on the confiscation of assets for criminal actions which is expected to be the beginning of the asset seizure regime by focusing on efforts to return the assets (follow the money) where UNCAC as an international instrument proposes ratifying countries to apply the concept of asset forfeiture without relying depends on the sentencing of the perpetrator (non-conviction based asset forfeiture) as an effort to eradicate criminal action of corruption. The NCB concept is an effective solution to maximize the return of state losses through foreclosure and taking over of an asset in rem or lawsuit against assets as a form of criminal law policy.]]>
<![CDATA[Supervision Mechanism of Fulfillment of Provincial Minimum Wage ]]>
<![CDATA[Laode Muhammad Isman Hardiansyah]]>;
<![CDATA[Marwati Riza]]>;
<![CDATA[Anshori Ilyas]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i5.516
<![CDATA[Problem of not optimal supervision by the Transmigration and Manpower Office of Southeast Sulawesi on companies in Southeast Sulawesi in the implementation of the Provincial Minimum Wage (UMP). This can be seen from the existence of companies in Southeast Sulawesi that have not paid wages in accordance with the predetermined Provincial Minimum Wage (UMP), even though the agency has mandated each company, so that all pay wages in accordance with the Provincial Minimum Wage (UMP). This study aims to determine: 1) How is the Mechanism of Supervision Authority on the Fulfillment of the Provincial Minimum Wage.This research is a normative and empirical research located in Southeast Sulawesi. Data obtained through surveys, interviews, and documentation. Overall data were analyzed quantitatively. Based on the results of the research that: 1) That the supervision of the implementation of the Provincial Minimum Wage by the Office of Transmigration and Manpower at companies in Southeast Sulawesi in general has been carried out well. However, 1 out of 10 indicators has not been implemented or is not good, namely requests for reports and information verbally from employees]]>
<![CDATA[Analysis of Evidence for the Crime of Money Laundering That Does Not Require Preliminary Proof of the Predicate Crime ]]>
<![CDATA[Musdayanti]]>;
<![CDATA[Abd. Asis]]>;
<![CDATA[Audyna Mayasari Muin]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
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DOI: 10.35335/legal.v11i5.517
<![CDATA[This study aims to analyze the the Legislative Ratio Article 69 UURI No. 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering that Does Not Require Proof of Excess Preliminary Crime in the Crime of Money Laundering. The research was conducted using a normative juridical research method using a statutory approach, a case approach, and a conceptual approach. The results of the study indicate that the process of handling money laundering cases is essentially very dependent on the original crime as contained in the provisions of Article 2 UURI No. 8 of 2010 which is an element in the crime of money laundering must come from a criminal act. In line with the above basis, Article 69 has been formulated which reads “In order to be able to carry out investigations, prosecutions, examinations in court proceedings against the crime of money laundering, it is not necessary to first prove the original crime”. Where the crime of money laundering can be investigated, prosecuted, and brought to court without having to first prove the original crime and not having to wait for the verdict of the predicate crime which has permanent legal force (inkracht).]]>
