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HENGKI TAMANDO
Contact Email
hengki_tamando@yahoo.com
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+6281260574554
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legalbrief@isha.or.id
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Romeby Lestari Housing Complex Block C Number C14, North Sumatra, Indonesia
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INDONESIA
LEGAL BRIEF
Published by Ihsa Institute
ISSN : 1979522X     EISSN : 27224643     DOI : -
Core Subject : Social,
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
The Role of The Notary Code of Ethics and Notary Legislation Against Notaries Who Commit Criminal Acts of Fraud and Embezzlement (Case Study Court Decision Surabaya No 2200/PID.B/2020/PN SBY) Prima Dienta Putra; Mohamad Fajri Mekka Putra
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 (249.11 KB)

Abstract

This study discusses the Surabaya District Court Decision Number 2200/Pid.B/2020/PN SBY to analyze the Notary Code of Ethics role and other laws and regulations against Devi Chrisnawati, who committed fraud and embezzlement of money. Devi Chrisnawati, where Devi Chrisnawati promises the victim a 5% profit if the victim lends money to Devi Chrisnawati. Devi Chrisnawati was then proposed to be dishonorably dismissed by the Central Supervisory Council because Devi Chrisnawati committed fraud and embezzlement while still serving as a Notary in the city of Surabaya. The fraud and embezzlement committed by Devi Chrisnawati have violated Article 6, paragraph (1) of the Notary Code of Ethics.
Strategy of the Democratic Party in the Legislative Election in Malacca Regency in 2019 Piere Mario Bait; Randy Vallentino Neonbeni
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 (288.753 KB) | DOI: 10.35335/legal.v11i5.519

Abstract

The author is interested in conducting this research related to the Strategy of the Democratic Party in the Legislative Election in Malacca Regency in 2019. The type of research used is juridical-empirical research. The source of this research data is primary data, primary data is direct data that comes from Law Number 17 of 2017 concerning General Elections and interviews conducted in the field. In this study, primary data were obtained directly from the field, in the form of notes on observations and interviews with research subjects; and Secondary Data, Secondary data is supporting data for primary data. In writing, the researcher gets secondary data from books, journals, and other supporting sources related to the author's research so that it can be used as a reference in the preparation of the research. The results show that the strategies used by the Democrats are offensive strategies, defensive strategies, imaging strategies and character strategies. . Where the offensive strategy uses a market expansion strategy to form a new group of voters by lighting up the political base of the opponent's mass base. Ability to create new innovations in conducting campaigns. Offensive strategy played by the entire team which includes the Democratic Party Team, Volunteer Team and other small teams. Meanwhile, the defensive strategy used is the Democratic Party's approach to it intensively and continuously without getting tired. This approach is useful for introducing the Party and its programs and also introducing prospective legislative candidates. Imaging Strategy, the Democratic Party also uses communication, namely socialization, meeting directly with the community and conducting campaigns through electronic media, newspapers and radio. Character strategy, the figure of Susilo Bambang Yudhoyono (SBY) as a builder of the Democratic party, his expertise in building an image (as a polite, honest and benevolent leader), who loves the community. The Democratic Party first conducts a survey and selection of the figures who will enter the fight in the legislative election. The Democratic Party in carrying out an offensive strategy in coordinating between teams well. The Democratic Party needs to develop new programs that allow the people to be attracted again, and make the people prosperous by optimizing the socialization of the new program. The Democratic Party needs to design a schedule or work agenda that based on the whole community, location and time consistently run well
Criminal Law Reform Double Track System (Rehabilitation Versus Prison) On Against The Crime Of Narcotics Abuse In Indonesia Nelvitia Purba; Mukidi Mukidi; Muhlizar Muhlizar
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 (369.387 KB) | DOI: 10.35335/legal.v11i5.520

Abstract

Efforts to prevent and eradicate drug abuse are urgent because they can have a systemic effect. Therefore, it is necessary to renew article 127 of Law no. 35 of 2009 (Double Track System) for handling narcotics abuse which so far has emphasized criminal sanctions rather than action sanctions. This research uses normative legal research or can be referred to as doctrinal legal research. The analysis of legal material used is descriptive analysis. The results of the study concluded  (1). The position of criminal  sanctions  and  actions    based  on  article  127  Law Number 35 of 2009   it is clear that there is a regulation, but its application to narcotics abuse has not been effective because it does not take into account the physical and psychological conditions of the perpetrator, which should focus more on rehabilitation than imprisonment (2). The reform of the Criminal Law article 127  Law Number 35 of 2009 (Rehabilitation versus Prison) against narcotics abusers must be carried out immediately because it concerns the future of the nation and also provides aspects of protection and aspects of the public interest.
Generation Z's Perception of the Preservation of the Sasak Script Ginanda Azahra Va Arni; Umar; Arif Widodo
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 (546.476 KB) | DOI: 10.35335/legal.v11i5.521

Abstract

This study aims to determine the perception of generation Z on the preservation of Sasak characters. The research respondents considered 25 people aged 14-22 years. This research is designed in quantitative quantitative form. Data collection using a questionnaire and the results of the questionnaire were analyzed using descriptive statistics. The results showed that the interest in creating Z in preserving the Sasak script was quite high but it made Z difficult to preserve the Sasak script because he only learned it in elementary school (SD). Generation Z has minimal knowledge and skills as well as limited access in developing Sasak characters. Sasak script preservation program needs to get attention and support from the government and society in order to create Z's access to learn, develop, and be able to preserve Sasak script.
Implementation of Local Government Policy In Managing Hawkers In Bandar Lampung Neysa Amallia; M. Harviend Gilang; Zesty Miranda; Ahmad Junaiedi
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 (526.156 KB) | DOI: 10.35335/legal.v11i5.522

Abstract

Hawkers (henceforth: PKL) are the informal sector that requires special attention in management because it causes many problems in urban areas such as in Bandar Lampung City, especially in the Jalan Captain Tendean area, many traders trade in front of the school and use a few shoulders, causing congestion. With the Regional Regulation No. 01 of 2018 concerning Public Peace and Public Order, that hawkers (PKL) must be responsible for order, cleanliness, and maintaining environmental health and beauty around the place concerned. The purpose of this study is to find out how the implementation of Regional Government policy Number 01 of 2018 concerning Public Peace and Public Order in handling hawkers (PKL), especially in the Jalan Captain Tendean area, Bandar Lampung City. The research method used is a qualitative method, data collection techniques through interviews, observation, documentation and literature review. Based on the results of the study, it shows that the implementation of the policy has been carried out well but there are still obstacles in the communication that is established. Hawkers (PKL) only found out about the contents of the Regional Regulation when the Civil Service Police Unit (SATPOL PP) made a visit because so far the information they had received was in oral form. Resources in implementing Regional Regulations have been determined by the Civil Service Police Unit (SATPOL PP) who are directed, trained and familiar with their duties and functions, then supported by clear information, as well as supporting infrastructure for implementation that is adequate and in good and proper condition. use. The attitude of implementing policies and enforcement of Regional Regulations is successful in implementing a policy, it is known that Hawkers (PKL) can accept the Regional Regulations with a good response and the attitude of enforcement of regulations is also carried out in a polite manner. Bureaucratic structure in implementing the policy that the Civil Service Police Unit (SATPOL PP) has a SOP (Standard Operating Procedure) in carrying out its duties. SOP (Standard Operating Procedure) is used as a control in implementing policies to avoid and minimize an error that occurs when carrying out tasks.
Spatial Supporting Capacity In Sustainable Development: Daya Dukung Ruang Dalam Pembangunan Berkelanjutan Kunarto Kunarto; Budi Prasetyo
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 (214.618 KB)

Abstract

Development is a process of processing natural resources and utilizing human resources by utilizing technology. It needs very mature and integrated planning by taking into account all points of view and perceptions that influence each other in carrying out the development. Sustainable development which is the goal of Law Number 32 of 2009 concerning Environmental Protection and Management should be a guideline for increasing the carrying capacity and capacity of the environment. Nature's ability to support life and tolerance for the substances that are put into it must have limitations, so humans as living beings who are part of the environment must protect the environment in which they live. The implementation of sustainable development pays attention to the availability of natural resources for future generations.
The Concept of Partnership Supervision by The Indonesia Competition Commission and Legal Effort Gunawan Widjaja
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 (461.957 KB) | DOI: 10.35335/legal.v11i5.526

Abstract

A partnership is a form of cooperation between micro, small and medium enterprises with large businesses which can be misused. For this reason, it is necessary to supervise the partnership agreement. The institution appointed to carry out supervision is the Indonesia Competition Commission (KPPU). This study was made with the aim of examining the concept of partnership supervision by the Indonesia Competition Commission (KPPU) and the legal remedies that can be taken in relation to the supervision carried out by KPPU. This research is normative legal research, which uses secondary data. The secondary data used is based on primary legal sources consisting of a series of applicable laws and regulations. The analysis was conducted qualitatively in order to examine the existing legal norms more deeply and comprehensively.
The Use of E Voting in the General Election System in Indonesia Muhammad Budiana
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 (571.313 KB) | DOI: 10.35335/legal.v11i5.527

Abstract

As a nation that conforms to the concept of democracy, Indonesia is expected to hold honest and fair elections that comply to the ideals of being direct, general, free, and confidential. In order for the results of general and regional head elections to insire confidence in all parties, openness and accountability must be referenced during these contests. Building a network architecture that enables transparent implementation of the election itself is one of the most challenging aspects of establishing a democratic party. This study intends to examine the future use of electronic voting in Indonesia's electoral system. This study employs a qualitative, descriptive methodology. In an effort to increase voter participation, reduce the impact of fraud in vote counting, reduce costs, and shorten implementation time, the results indicate that electronic voting can be used as an alternative method for general elections due to the Constitutional Court's decision number 147/PUU-VII/2009. Considering the circumstances of the 2019 election in which there were numerous casualties. In addition to having a positive impact, the implementation of e-voting also cannot be separated from problems such as short preparation time, budget problems, readiness of facilities and infrastructure such as uneven internet availability and finally the readiness of resources.
Law Enforcement Against Unfair Competition Among Notaries According to Notary Ethics Code Asranita; Siti Malikhatun Badriyah
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 (475.357 KB) | DOI: 10.35335/legal.v11i5.528

Abstract

Notary is a public office who is authorized to make authentic deeds which have perfect verification power. In performing their profession and/or duties, notaries must obey and be attached and oriented to the existed rules, they are Constitution No 30 Year 2004 About Notary Office, Constitution No 2 Year 2014 About Amendment of Constitution No 30 Year 2004 About Notary Office (which is then called UUJN) and Notary Ethics Code. This research aimed to find out how law enforcement against unfair competition among notaries according to Notary Ethics Code is and what the legal effects to Notaries who are involved in an unfair competition are. This research was done by applying descriptive qualitative method sourced from literature review and previous studies. From this research, it was found that the law enforcement against unfair competition among notaries which is included in Notary ethics code violation is contained in the Notary Ethics Code. In a case of a Notary involved in an unfair competition is definitely violate the existed ethics code and can raise a legal effect which is given a sanction.
Buying Agreements of Small Islands to Foreign Citizens from an Agrarian Law Perspective in Indonesia Damianus Krismantoro
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 (487.499 KB) | DOI: 10.35335/legal.v11i5.529

Abstract

There are many cases of buying small islands in Indonesia. Moreover, foreign nationals interested in acquiring land in Indonesia often make these purchases. This study then aims to see the causes and background of the buying and selling of small islands in Indonesia to foreign nationals, and the consequences from the perspective of agrarian law. This research is a type of normative juridical research. The approach method used in this research is a statutory approach and a conceptual approach. Researchers will process the research data that has been collected. This study found that many aspects affect the buying and selling of small islands to foreign nationals. From an agrarian perspective, this buying and selling activity causes a change in the status of land rights in the form of usufructuary rights or rental rights. The local government itself is trying to make some regulations to be able to protect these small islands

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