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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 877 Documents
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Legal Imlications for Aying Ages Based on the Decree of the Governor Regarding Labor Intensive Minimum Wages that Have Been Canceled by the Sureme Court and/or Already Change Years Irwan Saleh Indraraja
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The discussion in this legal study relates to the decision of the governor of West Java which stiulates the minimum wage for labor Intensive Industries (UMK) for certain tyes of garment industry in urwakarta regency, bogor regency, and bekasi city for 2017, effective in July 2017, whose value is lower than the regency/city minimum wage for the same year set on November 21, 2016, effective as of January 2017. The three gubernatorial decrees above were met with oosition from the labor unions in the Kab. urwakarta, Kab. Bogor, and Kota Bekasi, West Java, also from the central level trade unions. Federation of Indonesian metal workers union T. Dada Indonesia, metal workers union federation of Indonesian metal Workers Union T. The decision of the Administrative Court which declared invalid and ordered the Governor of West Java to revoke it: Decree of the Governor of West Java Number: 561/Ke.644-Yanbangsos/2017 concerning Minimum Wages for Certain Labor-Intensive Industries for Garment/Aarel Industries in the urwakarta Regency of 2017 dated July 24, 2017
Corruption among Public Officials: What is the Oversight and View of Administrative Law? Hamdun Hamdillah
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The spread of corruption among political elites has actually become a planned habit, even now that corruption has begun to decentralize to regional and local level officials, acts of corruption actually occur with awareness, intention, and willingness to commit fraud. The role of administrative law in supervision in the field of public services, especially in the matter of public welfare services, basically functions as a supervisor in order to reduce the number of corrupt practices in Indonesia, especially in the scope of the bureaucracy and public government institutions. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that, bureaucratic reform which is illustrated through fair and equitable public services, is the beginning of awareness of public service mechanisms as well as a milestone in the government's awareness to organize its government system so that it runs smoothly. fair and wise, the spirit of reform that characterizes the utilization of the state apparatus is directed at realizing state administration that is able to support the smooth and integrated implementation of the duties and functions of administering government in a fair and wise manner, the legal aspects of state administration are part of the legal domain that directly influences efforts to realize reform public bureaucracy. This global change is based on universal value standards that can increase the government's participation in providing the best service for the wider community.
The Position of the Indonesian Competition Commission as a State Auxiliary Organ in the Indonesian Constitutional System M. Afif Hasbullah
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aimed to determine the position of the business competition supervisory commission as a state auxiliary organ in the Indonesian constitutional system. Legal writing is included in normative legal research using primary legal materials and secondary legal materials. The techniques for collecting legal materials in this study are primary and secondary legal sources. Meanwhile, the technique of collecting legal sources in this study uses the method of studying legal literature and constitutional law. Legal sources collected from the research results are then processed and analyzed using qualitative processing techniques The Indonesian Competition Commission is accountable to the President for the performance of its tasks. On the basis of the data analysis, it can be determined that the Indonesian Competition Commission is an independent institution free of the Government's influence and power. The Indonesian Competition Commission is accountable to the President for the performance of its tasks. As one of the institutions responsible for implementing Law Number 5 of 1999, this commission is responsible for the early stages of implementing the Act. Decisions taken by the Oversight Commission can be appealed to a higher court level. This commission has broad jurisdiction and has four main tasks, namely: 1) legal function; 2) administrative function; 3) mediating function, and 4) police function.
The Implementation of Restorative Justice for the Criminal Action of Accident against Child Based On Regulation of the State Police of the Republic Of Indonesia Number 8 Year 2021 Rahul Rahul Ardian Fikri
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The application of restorative justice emphasizes on restoring the situation and restoring the balance of society and involving the community in recovery efforts. The study aims to determine the restorative application of the crime of child sexual intercourse at the Langkat Police, and the recovery of victims of sexual intercourse with children..by using empirical normative legal research methods, namely the amalgamation of normative legal approaches with the addition of various empirical elements to study and examine the application of legal norms that should be in accordance with the rule of law, referring to the law and supported by field research at the Langkat Police to obtain data on restorative applications by emphasizing the recovery of victims due to criminal acts. The results of research on the crime of sexual intercourse with children, by strengthening religious knowledge, and the role of parents should pay more attention to their children and a good environment in order to shape the child's character better
Effectiveness of Cash Assistance (BLT) for Communities Affected by The Pandemic Covid-19: Case study in Sirnajaya village, Cibadak sub-district, Sukabumi district Kantirina Rachaju
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The Pandemic Covid-19 not only has an impact on health, but also has an impact on social and economic conditions. The social and economic impacts caused by the Pandemic Covid-19 are very influential on the level of community welfare, while the purpose of this paper is to find out and understand the effectiveness of the distribution of government programs, namely Direct Cash Assistance in the Sirnajaya Village area and the implementation of the Family Hope Program distribution in Cibadak District, Sukabumi, West Java. , as well as explaining any problems that could hinder the distribution of the aid. The COVID-19 outbreak has hit many business sectors, resulting in layoffs, and reducing employment. Given the high mobility. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the Indonesian government has carried out various efforts to deal with the pandemic. Various policies have been formulated to protect vulnerable people who are also affected by the Pandemic Covid-19 through social assistance policies provided by the government, which are expected to be able to help the poor affected by COVID-19 to continue to carry out their lives, such as the distribution of Direct Cash Assistance that occurred in the Sirnajaya Village area, District. Sukabumi, in this case the village government through village funds has carried out its functions in accordance with central government regulations, namely empowering the Sirna Jaya village community by maximizing the direct cash assistance for daily needs, although in the process there are still some problems that need to be resolved so that the distribution of the Cash Direct Assistance program can be well absorbed according to the predetermined targets.
Juridical Review of the Role of the Witness and Victim Protection Agency (LPSK) in Protecting Child Victims of Sexual Violence in the Family Environment Nurjannah Nasution
LEGAL BRIEF Vol. 8 No. 1 (2018): Law Science and Field
Publisher : IHSA Institute

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Abstract

Based on Article 1 point 5 of the Witness and Victim Protection Act, the Witness and Victim Protection Agency (LPSK) is an authorized institution to provide protection and other rights to witnesses and / or victims as referred to in this law. The problems in this research are how, first, the regulation of protection against violence that occurs in child victims of sexual violence in the family environment and how the role of Witness and Victim Protection Institutions in providing protection for child victims of sexual violence and how the rights of witnesses and victims of violations happen. The purpose of this study was to determine the legal provisions against sexual violence against children in the family environment and to determine the role of witness and victim protection agencies and the obstacles faced in disclosing cases of sexual violence against children in the family environment. The research method used in writing this thesis is normative legal research by studying and analyzing primary data in the form of laws and regulations, secondary data in the form of law books and related legal journals, related theses, and tertiary data in the form of websites. website from the internet. Protection and supervision of child victims of sexual violence after amendments to the law on protection of witnesses and victims, Article 5 regulates the rights of witnesses and victims.
Implementation of Development of Narcotics Prisoners at the Binjai Class IIA Penitentiary Oktri Silfia
LEGAL BRIEF Vol. 8 No. 1 (2018): Law Science and Field
Publisher : IHSA Institute

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Abstract

In general, the development of narcotics convicts at the Binjai Class IIA Penitentiary aims to make them fully human as has been the direction of national development. The problem posed is how the implementation of guidance provided by the Class II A Binjai Prison for inmates who commit crimes of narcotics abuse; The research method or type of this research is Normative Empirical which is descriptive analysis, namely describing, describing, analyzing and explaining the analysis of the problems raised. The data needed in this study are primary data whose sources come from sources or respondents, and secondary data from the source. originating from legislation, the work of the general public and various literature that support this research. The results of the study can be concluded that the Implementation of Narcotics Abuse Prisoners at the Binjai Class IIA Penitentiary is a program that combines various methods including medical, social, spiritual and skills aspects, which aim to make narcotics convicts a better person for their family and Public.
Witnesses and Victims in the Criminal Justice System Michael Laurenscius
LEGAL BRIEF Vol. 8 No. 1 (2018): Law Science and Field
Publisher : IHSA Institute

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Abstract

Although Indonesia already has Law no. 13 of 2006 concerning Witness Protection and but formally, this law is still considered to be not optimal in regulating the protection of witnesses and victims because there are still deficiencies here and there. The nature of the research used is descriptive and the type of research used is normative juridical research, namely research that uses statutory regulations as the basis for solving the problems raised. The data used is secondary data and the data collection method used in this study is library research. The data analysis used is qualitative data. Regulations relating to the authority of the witness and victim protection agency (LPSK) are contained in Law no. 13 of 2006, Regulation of the Witness and Victim Protection Agency of the Republic of Indonesia Number 1 of 2011 concerning Guidelines for Protection Application Services at Witness and Victim Protection Institutions, and Government Regulation Number 44 of 2008 concerning Compensation, Restitution and Assistance to Witnesses and Victims. Before the LPSK provides its protection, witnesses and / or victims must submit a request to meet the requirements set by the LPSK, which sometimes it is hard for witnesses and victims to do so. Providing security and safety guarantees for witnesses and / or victims, can make them feel safe and comfortable so that they can testify and provide information that can help people uncover an organized crime. Witnesses and / or victims are entitled to personal protection, family and property. Witnesses and / or victims are also entitled to receive medical and psychological assistance and can apply for restitution (compensation). In addition to the above rights, witnesses and / or victims will also be accompanied by the LPSK at every examination at the Police or at court. This is done to provide a sense of security and comfort to witnesses and / or victims. So they can testify with comfort.
Police Description In The Investigation of Criminal Narcotics (study at the north Sumatera National Narcotics Agency) Agung Anugrah Lubis; Syafruddin Kalo; Madiasa Ablisar; Sunarmi Sunarmi
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

Discretion is interpreted as “freedom and/or authority in making decisions to take actions that are considered appropriate or in accordance with the situations and conditions faced wisely and with due regard to all possible considerations and options. This research is a type of empirical normative legal research and the nature of the research used is descriptive-analytical. The data used are primary data and secondary data. The discretion of the police against narcotics crime at the investigation level is regulated in Article 18 paragraph (1) and Article 16 paragraph (1) letter 1 and paragraph (2) of the Police Law. The discretionary power of the police cannot be separated from several factors, namely internal and external factors. The legal consequences of discretionary actions by investigators of narcotics crimes are resolved through general courts.
WTO in the Arena of the Indonesian Industrial Revolution 4.0: A Strategy to Improve the Quality of Indonesian Human Resources Through International Trade Tiara Almira Raila; Jeremias Palito
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

The industrial revolution is a necessity. The real obstacle faced by Indonesia as a developing country in entering the industrial revolution 4.0 is the problem of the quality of human resources (HR), energy, infrastructure which includes transportation, facilities and infrastructure, technology and information. Therefore, as a form of commitment to the industrial revolution 4.0, Indonesia as a country and the WTO as an international organization must truly implement an optimal trade and development mechanism for the creation of a healthy climate of economic globalization. In addition to support through the economic strategy in the industrial revolution 4.0, the WTO is also committed to improve the quality of HR in its member countries. Improving the quality of human resources in the industrial Revolution 4.0 is crucial. In Indonesia, a link and match program between the education sector and the industrial sector have helped a lot in increasing the quality of human resources.

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