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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

40 41 42 43 44

Utilization the Economic Value of Intellectual Property (Copyright) as Collateral Object in Indonesia Maulida Anggun Nur Rahmi; Aminah
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Intellectual property is the creator's exclusive right, which includes moral rights and economic rights. Economic rights contain economic (commercial) value. Government Regulation Number 24 of 2022 concerning the Creative Economy provides a platform for intellectual property assets to become objects of guarantee for financial institutions, through bank institutions and non-bank financial institutions to maximize their application in business activities. Fiduciary collateral institutions conduct the practice of financing intellectual property asset such as intangible assets as an object of guarantee in bank institutions by utilizing the economic value of intellectual property assets in accordance with the provisions of Article 16 paragraph (3) of Law Number 42 of 1999 concerning Fiduciary collateral, which naturally according the requirements of the object as material rights in accordance with the provisions of Article 499 of the Civil Code. Because of a lack of preparation by several relevant stakeholders, obstacles to the implementation of the use of economic value on intellectual property assets in intangible assets (copyright) have become a problem. In addition to the aspect of legal substance (strictness rule of intellectual property assets as objects of guarantee in each legislation), legal structure (lack of preparation of interested parties, especially the role of appraisal and legal audit service agencies in the valuation of intellectual property intangible assets) and legal culture (legal culture education on the introduction and understanding of intellectual property as an object of guarantee) have not been fully fulfilled. Awareness of each related party as well as regulatory reform through implementing regulations are required to ensure that this policy is implemented successfully.

The Perspective of Human Rights and Criminal Law in Viewing the Criminal Law Policy on Chemical Castration Sanctions in Indonesia Darlisma Darlisma
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Sexual violence is one of the most severe crimes and is part of human rights violations. Especially when children become victims of this crime. Therefore, the government issued a regulation regarding the provision of sanctions for perpetrators of sexual violence, especially against children. This study aims to see the views of human rights and criminal law in Indonesia in implementing the criminal law of chemical castration sanctions for perpetrators of sexual violence. This research will be carried out using a normative juridical approach. The data that will be used in this research come from different research results, previous studies, and laws that are relevant to this research. The results of this study found that the provision of castration law is something that is considered vile and inhumane. This is because this punishment can make the perpetrator lose confidence in returning to the community so that it is not following the purpose of the law, which seeks to maintain solidarity in the community.

Agreement Benefits and Function Analysis in Marriage Susi Imro Atul Rizqiati; Yunanto
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

The marriage agreement is a means to protect the property of the bride and groom. Through this agreement, the parties can determine their respective assets. Marriage agreements are also for the people of Indonesia is an unusual thing even though it has been regulated in the Marriage Law. This is because, the problem of marriage can’t be separated from customs. An understanding based on traditional thinking that marriage is a bond that cannot be separated/broken except for death by the will of God Almighty. The type of research used in this paper is normative legal research. The approach used by the author is a statute approach. The data sources in this study are divided into two, namely primary law and secondary law. The method used to collect legal materials is through literature study to make a marriage agreement, the parties, in this case the husband and wife who carry out the marriage, are free to determine the desired legal form for the assets that are the object. The marriage agreement is not an obstacle in marriage but can actually help in marriage. However, in order to be useful, the making of the agreement must be in accordance with the applicable legal rules or regulations. The marriage agreement has a useful value for the parties to the marriage. Apart from being a legal protection for the parties, the marriage agreement also provides benefits in the event of a conflict in the court institution when a divorce occurs.

Problematics of Implementation of International Legal Policies Related to Refugees: Ratification of The 1951 Convention and the 1967 Protocols Abel Maulana; Abiyyu Dzaky; Faiz Rifqi Kesumanegara
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

International migration in its implementation cannot be denied as a form of advantage as well as a threat to people in all corners of the world, one of which is related to its correlation with refugees. However, in studies on international migration there is often confusion when relating it to the concept of international refugees due to misconceptions which ultimately conclude that the concept of international migration is not a strong concept. This regulatory concept ultimately places international refugees in reference to the 1951 convention which is then regulated in regulation uu number 6 of 2011 concerning immigration. This journal will discuss all the problems faced by refugees as a form of migrants who need legal protection in their implementation. On the other hand, it is also discussed about how the course of immigration law certainly has a correlation with the protection of refugees because after all the perspective of international law is that when someone has entered their territory everything will be returned to regulation in their area, regarding how jurisdiction carries out its principles in responding to the challenges of refugee problems . The result of the discussion on this matter is the relationship between immigration law and refugees by knowing the reasons from Indonesia, which until now has not been able to ratify the 1951 convention and the 1967 protocol, which are explained in a concise and clear manner.

Obligation to Pay Telecommunications Operation Rights Fees and Contribution of Universal Service Obligations for The Palapa Ring Project by The Palapa Ring Project Implementing Business Entity Darien Aldiano; Dian Puji Nugraha Simatupang
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 (628.638 KB)

Cooperation between the Government and Business Entities on Infrastructure Provision (PPP) in this case of the Palapa Ring is a project of greater concern to the Government of Indonesia, because its not only has benefits for internet distribution that reaches all areas in Indonesia, but it has a large income impact on the state budget and eases the burden of state budget funds, this is because of the payment scheme in the PPP. Therefore, the obligation to pay the Telecommunications Operation Rights Fee (BHP TEL) and the Universal Service Obligation Contribution (USO) by the Business Entity is very important. The methodology in this article is descriptive normative, with the purpose of writing to focus on knowing the payment obligations of BHP and USO with the type of business activity, and to find out the procedures for calculating BHP and USO based on regulations. The conclusion of this paper First, based on the Minister ICT Regulation, Business Entities that have obtained a license to operate a telecommunications network have an obligation to pay BHP and USO, this is because as a form of compensation for the licenses obtained in network operation by ministry. Second, minister ICT Regulation stipulates that in calculating BHP and USO, it is inseparable from AP payments, this is because the source of AP funds is from USO payments. The authors recommend to separate for the portion of Capital Expenditure (capex) and AP for Operating Expenditure (opex), to calculate BHP Tel and USO contributions.

“Title” And “Judiciary Power Based On Law Number 48 Of 2009” Tedy Subrata
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 (192.336 KB)

Judicial Power, based on Law Number 48 of 2009, is the power of an independent state to administer justice to uphold law and justice based on Pancasila for the sake of the implementation of the Republic of Indonesia. The state judiciary implements and enforces law and justice based on Pancasila. The trial was conducted "FOR JUSTICE BASED ON THE ONE ALMIGHTY GOD." In the profession of a judge, all rules are regulated in the Code of Ethics and Conduct of Judges (KEPPH) and Law Number 48 of 2009 concerning Judicial Power. Any interference in judicial matters by other parties outside the judiciary's power is prohibited except in cases referred to in the 1945 Constitution of the Republic of Indonesia. Courts try according to the law without discriminating against people. This research was carried out in a normative juridical manner by examining the object or research target in the form of regulations, legislation, and other legal materials related to the prohibition of judges examining cases with a kinship relationship.

Efforts for Rehabilitation and Legal Protection of Underage Narcotics Crime Parningotan Malau
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 (264.593 KB)

Narcotics crime is still a scourge in Indonesia, today the victims are children. Children are assets of survival for humans, the nation, and the state. influence that causes children to become victims of narcotics. Namely depending on external factors or internal factors. To protect children's rights to ensure a decent life, there is a need for legal protection. Violations of specific criminal offenses for Narcotics which regulate in general are regulated in the provisions of Law no. 35 of 2009 concerning Narcotics. In addition to the provisions on Rehabilitation Efforts, and special rules governing juvenile justice are contained in Law no. 11 Year 2012.

Smart Village Program Implementation In Hanura Village, Teluk Pandan District, Pesawaran District, Lampung Province Lies Kumara Dewi; Ahmad Junaiedi; Eka Ubaya Taruna Rauf; Erwin Putubasai
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

The Making Indonesia 4.0 Roadmap is Indonesia's strategy to improve the national industry so that it can compete in the global industry. To support the Making Indonesia 4.0 Roadmap, the Government issued Presidential Regulation Number 95 of 2018 concerning the Electronic-Based Government System which gave rise to the concepts of Smart Nation, Smart Province, Smart City, Smart Regency, and Smart Village. Smart village is a policy program that creates a village so that it is able and able to solve its own problems intelligently and villages that can and are able to use digital technology to develop potential at the village level for the welfare of its people. Based on the Lampung Governor's Decree Number G/228/II.02/HK/2020 of 2020 regarding the determination of the target location for the smart village pilot project in Lampung Province, Hanura Village was chosen to represent Pesawaran Regency in mid-September 2020. Social changes due to the existence of smart villages in the village Hanura includes elements in a smart village, namely smart government, smart community, smart economy, smart living, smart environment, and smart mobility. This means that the implementation of the smart village program in Hanura Village, Teluk Pandan District, Pesawaran Regency is quite good, but still needs to be improved so that the smart village program's objectives are as expected, namely improving the quality of community life and community welfare by utilizing information technology so that Hanura village becomes a developed village. and not left behind from other villages.

Representation of The Development of Marijuana Legalization In The Frame f Online Media Coverage Tempo.com And Kompas.com Radja Juan Poda Pasaribu; Syukur Kholil
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

This study aims to determine the representation of the development of marijuana legalization in the frame of online media coverage tempo.co and Kompas.com. As a theoretical basis in analyzingproblems in research are theories of representation of development, marijuana, media and news. This research uses a qualitative approach that is descriptive. The source of the data is from primary data and secondary data, and the primary is all news about the legality of cannabis that researchers analyze in the tempo.co and kompas.com media that researchers choose . The secondary data are books and journals related to the study. The techniques that researchers use are library analysis, observation, and documentation on the legalization news that has been selected. Researchers use phenomenological studies, where researchers look for the meaning of the phenomenon in the news of marijuana legalization that researchers have chosen. The data analysis used by researchers is descriptive data analysis, which is to summarize all data generated from analyzing the activities of analyzing berries using the technique of validity of triangulation data, namely checking the data that has been obtained from all informants, there are 3 types of triangulation or penge Cekan is source triangulation, data collection technique triangulation, and time triangulation. The results of this study concluded that the struggle of the petitioners to realize the legalization of marijuana ran aground in the constitutional court (MK).

Validity of Selling Plants of Land with Credit in The Prespective of National Agrarian Law Suyanto; Mokh Thoif; Subekti
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

In meeting the personal and social needs of the community for land in everyday life and with limited purchasing power in the midst of an economic downturn due to the Covid-19 pandemic and limited availability of residential land, for land sellers it is carried out by providing land through plots of land in the form of plots -Plots are ready to build while for buyers it is done by installment or credit. This research is a normative research that examines various laws and regulations, norms, concepts and jurisprudence using a conceptual, statutory and philosophical approach. In making a sale and purchase agreement Land sale and purchase agreements are generally subject to articles 1457, 1458 and 1459 Burgelijk wet Boek (BW), which require a seller and a buyer and the legal terms of the agreement as stipulated in article 1320 BW, which are marked by an agreement and the surrender of the object (levering) but since the enactment of the Basic Agrarian Law the provisions for buying and selling land are subject to customary law, namely carried out with the cash and clear concept.

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HENGKI TAMANDO

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hengki_tamando@yahoo.com

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Abstract

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