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LEGAL BRIEF

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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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Juridical Study Of Food Criminal Action Based On Law Of The Republic Of Indonesia No.18 Of 2012 I Dewa Gede Ngurah Sena Agung; M. Nurananta Tirta Putra; Moh. Fathoni Cholil; Abdul Faqih Jauhari Pakro
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 (249.948 KB)

This study aims to analyze the juridical study of food crimes based on the Republic of Indonesia Law no. 18 of 2012. This study uses a normative approach. The form of this research is descriptive. The method of data collection in this study is to collect secondary data. Secondary data obtained by using literature study. The results showed that the responsibility of business actors in the event of losses to food products that have been marketed to consumers is absolutely responsible for losses that have been received by consumers, ranging from health problems or death due to consuming food or beverage products that are dangerous or contain chemicals that are harmful to consumers and are not recommended for food ingredients. The compensation in question can be in the form of health care or the provision of compensation to consumers who are harmed or by agreement of the parties themselves. As a follow-up to supervision, the government is also authorized to take administrative actions as contained in Article 102 paragraph (3) of the Food Law in the form of fines, temporary cessation of activities, production, and/or distribution, withdrawal of Food from circulation by producers, compensation, and revocation of permits.

Analysis of the Implementation of Herbal Makrifah Group Governance Marini; Mutmainnah; Antonia Sasap Abao; Eva Lutfi AN
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Pandemi Covid-19 telah memberikan dampak kelesuan bagi perekonomian Indonesia, banyak UMKM yang bangkrut dan melakukan PHK. Kelompok Makrifah Herbal mendapatkan prestasi berupa Anugerah Produktivitas Paramakarya 2021 dari Kementerian Ketenagakerjaan (Kemnaker) RI karena mampu meningkatkan produktivitas selama 3 tahun berturut-turut, sekaligus menjadi usaha kecil pertama di Kota Bontang yang mampu meraih penghargaan tersebut. Tujuan penelitian ini untuk menganalisis bagaimana penerapan tata kelola kelompok Makrifah Herbal yang telah berhasil mendapatkan penghargaan, dan mendeskripsikan apa saja kegiatan yang dilakukan kelompok. Lokasi penelitian di Kelompok Makrifah Herbal Desa Loktuan, Kota Bontang Provinsi Kalimantan Timur. Metode penelitian yang digunakan penelitian deskriptif kualitatif, Teknik pengumpulan data dengan wawancara, Hasil penelitian ini menunjukkan bahwa terdapat penerapan tata kelola yang dilakukan oleh kelompok Makrifah Herbal yaitu Partisipasi dan tanggung jawab dari semua pemangku kepentingan, Transparansi, menerapkan dan mengutamakan efektivitas serta efisiensi. Selain itu Kelompok Makrifah Herbal juga memiliki lima bentuk kegiatan diantaranya adalah: pembibitan, produksi, edukasi,pemasaran dan jasa pijit kecantikan. Tata kelola yang baik dan kegiatan yang saling mendukung untuk mendukung ini dapat menghantarkan kepada kelompok yang sukses dan aktif.

Political Participation of Beginner Voters in the 2020 Regional Head Election in Binjai City M. Faisal Husna
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

The level of political participation of beginners is worth knowing, given that the votes of novice voters can determine in an election, especially in the election of the Mayor of Binjai. All citizens of the city have the right to participate in the excitement of the mayoral election provided that they meet the requirements as novice voters in the election. Currently, the age of students in eleven (11) and twelve (12) high schools, whose age ranges from seventeen (17) to eighteen (18) years, has entered the category of novice voters in the mayoral election in accordance with the rules in Law (UU) No.1 of 2015 concerning the Stipulation of Government Regulations in Lieu of Law No.1 of 2014 concerning the Election of Governors, Regents and Mayors, become Laws. Beginner voters become the target of election contestants, both from political parties and personal, including their supporters. Beginner voters are highly influenced and will make other friends. A high sense of participation encourages novice voters to consider a necessity in voting in the General Election or Pilkada. This is their reason because it will be the first experience in their life in the people's democratic party

Legal Study of Iran's Perspective on One Belt One Road Initiative as a China Economic Expansion Strategy Adawiyah Nasution; Haya Qonita; Farrel Maulana; Safira Prima Indira
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

The unique thing that happened was that China became a party that could cooperate with countries in the Middle East even though these countries were at war with each other. China became a great support for Iran when the United States decided to launch an embargo on Iran, but China in fact has a strong cooperative relationship with Saudi Arabia which is a rival to Iran. In terms of the feud between Qatar and Saudi Arabia, China was able to become a mediator by using the CASCF forum in Beijing. When Saudi Arabia launched an economic embargo on Qatar, the steps taken by China were to increase exports and imports so that it could replace the United States, which had previously been a source of Qatar's imports. China is able to negotiate with countries in the region by offering the establishment of a more effective cooperative relationship, which is valid for a long period of time in the diplomatic, security, and economic areas. China's economic expansion has been achieved by establishing good bilateral relations with Middle Eastern countries, although there are big differences in the geopolitical interests of each country. The purpose of this study is to examine China's Strategy; Economic Expansion in the Middle East Region, and Iran's Perspective on the One Belt On Road Initiative, with legal analysis methods and descriptive analysis related to the themes in this paper. China's economic expansion has been achieved by establishing good bilateral relations with Middle Eastern countries, although there are big differences in the geopolitical interests of each country. The purpose of this study is to examine China's Strategy; Economic Expansion in the Middle East Region, and Iran's Perspective on the One Belt On Road Initiative, with legal analysis methods and descriptive analysis related to the themes in this paper. China's economic expansion has been successfully achieved by establishing good bilateral relations with Middle Eastern countries, even though there are big differences in the geopolitical interests of each country. The purpose of this study is to examine China's Strategy; Economic Expansion in the Middle East Region, and Iran's Perspective on the One Belt On Road Initiative, with legal analysis methods and descriptive analysis related to the themes in this paper.

The Urgency of Ulayat Land Registration in Indonesia Taupiqqurrahman Taupiqqurrahman; Rianda Dirkareshza; Rosalia Dika Agustanti; Fareta Angelita Ichwana P
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 (243.049 KB)

The State Constitution stipulates that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and following the development of the nation, society, and the Unitary State of the Republic of Indonesia as outlined by law. The outcomes of the second and fourth constitutional amendments and the constitution's three articles are strong evidence of the state's recognition of customary law in Indonesia. There are always issues, although customary lands are constitutionally and legally protected. Interviews are a component of this normatively-based legal research method. The formulation of the issue concerns the legal protection of indigenous peoples against ulayat rights and the urgency of registering ulayat land in Indonesia. The first conclusion of this study is that the constitution and laws protect the rights of indigenous peoples to customary land. However, the community and other parties against indigenous peoples must balance constitutional and regulatory protections. Second, it is not sufficient for indigenous peoples to recognize customary land; it must also be determined by the regional director and administered at the National Land Agency office so that administration is streamlined and information is made more accessible.

Juridical Analysis of the Implementation of Buying and Selling Former Customary Land in Wajo Regency Andi Baso Mappangile; Andi Suryaman Mustari Pide; Kahar Lahae
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 (245.151 KB)

Regarding the buying and selling used customary land without signing in front of the Camat as the temporary PPAT that occurred in the Wajo area, this has certainly become a legal problem. This problem is related to the authentication of the land transaction deed as the principle of land registration at the National Land Agency of Wajo Regency. The research method in this study uses empirical legal research (law in action), which is to examine and analyze the workings of law in society, using a sociology of law approach. The legal sociology approach is an approach that analyzes how the reaction or interaction occurs when the norm system works in society. With the results of the study, although the signing of the deed of sale by the parties concerned, the seller, buyer and witnesses were not carried out before the authorized PPAT, in this case the PPAT of the Camat, if there was no legal problem (dispute) then the deed of sale and purchase was still considered as an authentic deed because physically in the form of the deed of sale there are signatures of the parties concerned, namely the seller, the buyer, the witnesses and the PPAT itself. The implementation of the sale and purchase of former property rights (custom) in Wajo Regency which is carried out before the Village Head is basically not in accordance with land law in Indonesia. This is because since the UUPA was enacted, only deeds made by authorized officials (PPAT) can be used as the basis for the transfer of land rights as stated in Article 37 paragraph (1) Government Regulation no. 24 Years l997.

Implementation of Electronic Government (E-Government) and Bureaucracy Reform to Achieve Good Governance Maria Jose de Carvalho Soares; Guido Gonsalves Moniz; Leonito Ribeiro
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

In this era of modernization, the dissemination of information and public transparency are crucial, this phenomenon can be seen through the high number of people in the communities responding to information and the efforts to get transparent information. This can be used as a base to keep track of the government’s working progress and to balance public awareness. Therefore, the government is trying to find various ways to enable people to access information easily so the public can track the government’s overall performance. Good governance is a clean government, a process that can guarantee the realization of human rights in a manner essentially free of abuse and corruption and with due regard to the rule of law. The implementation of electronic government (e-Government) in Timor-Leste, as a form of bureaucratic reform to achieve good governance, began in 2011 using the 2011-2030 Planu Estratejia Dezenvolvimentu Nasional as the foundation for achieving reasonable control. In Planu Estratejia Dezenvolvimentu Nasional 2011-2030, declares that one of the challenges faced by the Government of Timor-Leste after gaining independence is the vulnerability of government institutions so that e-Government plays an essential role in connectivity between the community and the government

The Impact Of The Covid-19 Pandemic On Economic Growth In Java Island Ismiyanto; Rudatyo
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

The global COVID-19 pandemic has altered the course of many facets of life, and Indonesia is no exception. Starting with the most severely impacted sectors (health, social, and economic), At both the global and national levels, the economic sector is in a slump. The economic impacts of the pandemic were especially severe in emerging economies where income losses caused by the pandemic revealed and worsened some preexisting economic fragilities. The island of Java, being the largest contributor to the rate of national economic growth, is thus inextricably linked to this issue. The purpose of this study is to determine the influence of the COVID-19 epidemic on economic growth in Java Island. This study employs a qualitative descriptive method, as well as a survey of relevant literature. According to the findings of this study, the province of Banten experienced the greatest contraction in economic growth on Java Island, with a rate of minus 3.38% in the fourth quarter, while the province of the Special Region of Yogyakarta experienced the greatest improvement, with a rate of minus 0.68% in the fourth quarter. To accelerate Indonesia's economic recovery, government policy efforts in revitalizing the processing industry, increasing access and capital for MSMEs, and optimizing the use of village funds in alternative development innovations during a pandemic with labor intensive development, BUMDes development, or development of tourism village potential must begin in Java.

The Existence of Incompatience in Passport Manufacture Services Reviewed Through The Principles of Good Governance and Existing Regulations Ikhsan Danandewa; Kirana Puspa Githa Zuliha; Mohammad Verdyansyah Surahman
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 (235.054 KB)

This study aims to analyze the existence of the principles of good governance and conformity with existing regulations regarding the process of making passports. This study uses a qualitative descriptive method with an empirical juridical approach. The empirical juridical approach is a literary approach that is guided by regulations, books or legal literature as well as materials related to the problems and discussions in writing this paper. The results of this study indicate that the implementation of passport services is still incompatible with existing laws such as Regulation of the Minister of Law and Human Rights Number 8 of 2014 concerning Ordinary Passport and Passport-like Travel Documents. This is proven where there are still immigration offices that do not mandate the rules that apply in the law.

Patterns of Perception in Policy Formulation: Content and Trust in Compilation of the 2020 Revised APBD Draft in Makassar City Irfan Ali; Nurdin Nara; Rusdi; Didik Iskandar
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

The pattern of perception is the result of the perception of individual actors which can develop through interactions between actors in the process of formulating public policies. The formulation of the ABPD change consists of actors who have the interests of both the government and the legislature to reach an agreement. The purpose of this research is to find out the pattern of perceptions between actors in the formulation of the 2020 Revised APBD in Makassar City. The research method used is a descriptive qualitative model that seeks to explain phenomena in depth through interviews, observations, and field documentation. The technique of analyzing data from research results is carried out through data triangulation so that the data obtained can be relevant to existing concepts. The results of the study show that the perception pattern in the formulation of the Makassar City APBD draft among the actors involved has various perceptions which causes no agreement between the actors. This can be seen from two main aspects, namely content and level of trust. the substance of the draft APBD The proposed changes are considered not fully oriented towards the public interest and are considered to have unclear aims and objectives. The lack of clarity on the objectives of the activities to be carried out in the proposed revised APBD has not been able to create a good level of trust for all actors, especially for the legislative group. So in conclusion it is necessary to discuss the budget which focuses on issues that are oriented to the public interest.

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Home Page

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Editorial Team

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Contact Name HENGKI TAMANDO

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Phone +6281260574554

Journal Mail Official legalbrief@isha.or.id

Editorial Address Romeby Lestari Housing Complex Block C Number C14, North Sumatra, Indonesia

Location Unknown, Unknown INDONESIA

Abstract

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Contact Name
HENGKI TAMANDO

Contact Email
hengki_tamando@yahoo.com

Phone
+6281260574554

Journal Mail Official
legalbrief@isha.or.id

Editorial Address
Romeby Lestari Housing Complex Block C Number C14, North Sumatra, Indonesia

Location
Unknown,

Unknown

INDONESIA