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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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Philosophy of Science: Specific Methods, Elements, Structures, and Step for the Development of Knowledge Methodology Sonda Winari; Azmi Fitrisia; Ofianto Ofianto
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

There is a close relationship between the philosophy of science and the development of the scientific method. Philosophy of science is an integral part of the history of the development of science. Philosophy of science is inseparable from scientific rules relating to the scientific method used. The scientific method will produce scientific knowledge as well . There are four special methods used, namely the library method, the observation method, the interview method, and the observer participation method. The elements in the methodology of science are interpretation, induction and deduction, internal correlation, holistic, historical continuity, idealization, comparison, heuristics, analogical, and description. Meanwhile the composition of the scientific methodology includes problems, attitudes, using scientific methods, activities, conclusions, and influences. The steps for developing scientific methodologies consist of formulating problems, conducting library studies, formulating hypotheses, testing hypotheses, collecting data, interpreting data, making conclusions, and making scientific reports.
The Effectiveness of Use of Electronic Signatures in Managing Banking Transactions Based on ITE Law Rolib Sitorus; Cathryn Aurora Chiudy
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The development of information technology that is used to assist human needs for the realization of an easier life has caused various changes, including the transition to electronic signatures. This study will present how the implementation of electronic signatures in banking transactions and the effectiveness in the use of electronic signatures for banking transactions based on the ITE Law. The government in regulating electronic signatures through legal policies and supervision of various legal institutions so that the focus in this paper is carried out with empirical normative juridical research methods by examining legal events in society. This study examines primary data and then secondary data consisting of primary, secondary and tertiary legal materials. The data collection method in this study was carried out through books, articles, and community behavior related to the problems studied. The type of research approach used is a qualitative research approach through the description, collection and interpretation of primary and secondary data. The data collected during the research will be analyzed using descriptive analysis techniques to get answers to the problems studied. The results of the research are expected to show that the use of electronic signatures in banking transactions is a collaboration between the Electronic Certification Operator (PSrE) and the bank itself. The effectiveness of the use of electronic signatures for banking transactions based on the ITE Law has fulfilled the elements as referred to in Article 11 and Article 12 paragraph 2 of the ITE Law related to the secure and safe use of electronic signatures by PSRE. The effectiveness of the use of electronic signatures for banking transactions can also be reviewed based on PP No. 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, as seen in Articles 60 to 64 that banking transactions in their implementation have used certified signatures. Based on Article 41 of POJK No. 77 of 2016 contains that the loan agreement can use an electronic signature. In this case, the author is of the opinion that electronic signatures in banking transactions are in line with applicable legal regulations and are effective in their use.
Implementation Of The Child Protection Act As A Positive Law In Eradicating Child Marriage In Indonesia Baby Suryani Fithri; Windy Sri Wahyuni; Ariman Sitompul
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

In the application of the Marriage Act diamana has determined that the minimum age for marriage is 19 (nineteen) years for men and women. However, there are still many people who practice marriage with minors age 19 (nineteen). The practice of child marriage can be caused by a variety of factors, and has many negative impact on children. The Covid-19 pandemic is one of the causes of the increase number of child marriages in Indonesia. This study uses normative juridical Law Research methods, based on Written regulations and literature studies that examine aspects, theories, structure, and legal explanations relating to this study. The data used is secondary data obtained from literature studies. The approach used in this study is the statutory approach. Ada Child Protection Law which became the legal umbrella in the eradication of child marriage in Indonesia, but on the other hand, there are still many challenges in reducing the number of child marriages practices, one of which is the regulation related to the dispensation of marriage and incessant the criminal act was committed under the guise of child marriage.
Year Work Tradition (Merdang Mardeng) as Traditional Communication in the Karo Tribe Community in Dokan Cultural Village Camelia Asmawiyah; Abdul Rasyid
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 (457.365 KB) | DOI: 10.35335/legal.v11i5.533

Abstract

Tanah Karo is an area occupied by the majority of the people of Karo ethnicity. In this tribe there are many lessons, the Merdang Mardem tradition teaches the author that multicultural cultural communities can coexist. Therefore, culture is a bridge that can unite people in differences. The tradition of Merdang Mardem in ancient times was used by the community to celebrate the overflowing harvest. This is then inherited and continues to be done by the community regardless of any belief or religion.
Direct Election System for President and Vice President in Indonesia Post Amendment the Constitution of 1945 Suparto Suparto
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Indonesia has held 4 (four) direct elections for President and Vice President by the people after Amendment the Constitution of 1945. Of the 4 elections for President and Vice President, there is a difference in the 2019 election. In that year, the general election for the President and Vice President was held simultaneously with the Legislative election (elections for members of DPR, DPD, DPRD). This is different from the three previous elections, in the 2004, 2009 and 2014 elections, in which the general election for the President and Vice President was conducted after the Legislative election or not simultaneously. The general election for the President and Vice President in 2019 besides being carried out simultaneously, also still applies provisions regarding the minimum threshold (presidential threshold) for political parties to nominate a pair of President and Vice President as regulated in Article 222 of Law no. 7 of 2017 concerning Elections. Based on the research, it was found that the simultaneous election with the implementation of the presidential threshold resulted in the following points: (a). The occurrence of a non-ideal democratic system, because during the nomination stage for the presidential and vice-presidential pairs, the votes used by political parties or coalitions of political parties are the results of the previous period's legislative elections. Meanwhile, during the election stage for the pair of President and Vice President, the votes used are the results of the current year's election. (b). The existence of political parties that proposed pairs of candidates for President and Vice President did not qualify or did not obtain seats in the elections which were held simultaneously. Meanwhile, the pair of presidential and vice-presidential candidates he carried won the presidential and vice-presidential elections. c). Closing the opportunity for new parties to nominate pairs of candidates for President and Vice President, even though those parties are declared to have passed the selection (verification) and are designated as election participants by the General Elections Commission (KPU) because they do not have votes or seats because they have never participated in elections.
Efforts Made by the Government and Companies in Overcoming the Impact of Covid-19 for Workers Tri Reni Novita
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 (447.916 KB) | DOI: 10.35335/legal.v11i5.536

Abstract

The company took various alternative steps to avoid layoffs due to Covid-19, including reducing wages and facilities for top-level workers (eg manager, director level); reduce work shifts; reduce working hours; reduce working days; and lay off or lay off workers/ laborers in rotation for a while. Then do not extend the contract for workers whose contract period has expired and provide pensions for those who have met the requirements. The development and improvement of the competency quality of Human Resources (HR) is pursued through reforms in the education sector so that it can reach all levels of society. It is very important for academics to carry out educational reforms in the form of synchronization from the demand and supply sides in vocational training for the workforce, so that vocational institutions can flexibly adapt to the dynamics of work in the current industrial 4.0 era. A number of strategies in education reform have been carried out. Among them are curriculum renewal, study program development and the construction of research and innovation centers aimed at improving the quality of human resources.
Birth Certificate As Authentic Evidence Of Children's Origin Syahrul Bakti Harahap
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 (438.877 KB) | DOI: 10.35335/legal.v11i5.537

Abstract

Birth certificate is a letter made based on a birth report submitted within a maximum of 60 (sixty) working days for Indonesian citizens, and 10 (ten) working days for foreign nationals. Based on Article 55 Paragraph (1), Law No.1 of 1974, concerning Marriage, it is stated that the origin of a child can only be proven by an authentic birth certificate issued by an authorized official. This study analyzes children born after their mothers are pregnant and newly married, whether the child is legitimate based on an authentic deed issued by local officials in this case is the Population and Civil Registry Office (DUKCAPIL), where the child was born. This study uses a normative juridical legal methodology, only using literature research, while the nature of the research used in this research is descriptive analysis which only describes legal norms, legislation related to Article 55 Paragraph (1) of Law no. 1 of 1974, concerning Marriage. Dance Based on the research that has been done, the legal study of Article 55 Paragraph (1), Law No.1 of 1974, concerning Marriage, the child is a legal child, based on the birth certificate, unless there is a denial from the father who married his mother.
Optimizing the Implementation of Immigration Supervision on Foreign Investors (Study at the Class I Non-TPI Immigration Office, Central Jakarta) Muhammad Benaya Yudhistira Fath; Budy Mulyawan; Syakir Syakir
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to find out what obstacles are faced in the supervision of foreign investors and the countermeasures carried out at the Immigration Office Class I Non TPI Central Jakarta. In this study, the authors used normative and empirical research methods, while the data sources were obtained using primary and secondary data. Data collection techniques were carried out using qualitative methods in the form of literature studies, field observations or observations, and also interviews. The results of the study indicate that there are several obstacles that prevent officers from carrying out immigration control such as legal factors that regulate foreign investors, law enforcement factors related to those carrying out law enforcement, facilities or facilities that should facilitate work, cultural factors of the community in responding to foreigners who commit a violation, and also related to the supervisory factor in data transparency of Foreign Investors.
Center Application of General Principles of Good Governance in Government Law Decree No. 32/2008 On Administrative Procedure in Timor Leste Manuel Pinto; Leonito Ribeiro
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 (537.295 KB) | DOI: 10.35335/legal.v11i5.539

Abstract

In Europe, in the 18th century, generally, many countries with a formal (classical) legal ideology recognized the type of capitalistic individualist liberal state. The concept of a welfare state arises and develops, as the response of the state as a night watchman. But a welfare state can have an impact on the abuse of power. The concept of a rule of law requires the existence of both written and unwritten legal instruments that can be used as a reference in measuring government performance. And one of the benchmarks is to use the General Principles of Good Governance. In TLs, one of the government laws is the Government Law Decree No.32/2008 concerning Administrative Procedure Through this research, the author tries to explore the application of general principles of good governance in this Government Law Decree No.32/2008. The type is normative legal research, based on the law formation theory and the concept of general principles of good governance. The purpose of the study is to know and understand the position and application of the General Principles of Good Governance in the Government Law Decree Number 32/2008 concerning Public Administration Procedures in TLs. This study reveals the legal basis of the General Principles of Good Governance of several regulations. The results show that the general principle of good governance is currently regulated, normalized, and comprehensively in regulation in Timor Leste.
The Use Of Mediation As An Alternative Dispute Resolution In Oil And Gas Dispute Sabela Gayo
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Regulation of oil and gas mining business activities in Indonesia has changed several times since the Dutch colonization until now the last with the transfer of BP Migas to Sksp Migas based on Presidential Regulation No. 95 of 2012 on the transfer of duties and functions of upstream oil and Gas business activities, which was followed by the issuance of the decree of the minister of energy and Mineral Resources No. 3135 Th. 2012 on the transfer of duties, functions and organizations in the implementation of upstream oil and Gas business activities and the decree of the minister of energy and Mineral Resources No. 3135 of 2012. In Law No. 22 of 2001 on oil and Gas and PP no. 35 years. 2004 on upstream oil and Gas business activities, there is no article that regulates the settlement of disputes in the event of a dispute between BP Migas and business entities and / or business forms. In practice, the dispute resolution clause is set forth in the agreement contract of the parties. Based on law no. 22 years. 2001, the parties are BP Migas with a business entity and / or permanent establishment. In the event of a dispute between BP Migas and a business entity, the law used is Indonesian law because both parties are legal entities established under Indonesian law and they are subject to Indonesian law. In the event of a dispute between a permanent establishment and BP Migas, the parties usually use the International Chamber of Commerce (ICC) for example a permanent establishment is a foreign company operating in Indonesia. The choice of settlement outside the court in oil and gas disputes can include mediation, abitrase and others referring to the dispute resolution on oil and gas the right choice in settlement is with the mediassi mechanism where there is a greeting Law No. 30 of 1999 on arbitration and Alternative Dispute Resolution.

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