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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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Legal Legalization of Online Buying and Selling Transactions Fahrurrazi Hamim
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The purpose of this study is to analyze the legalization of the law regarding online buying and selling transactions. This research method uses qualitative sourced from secondary data. The results of this study indicate that Islam with all its norms and provisions continues to play with various advances and is able to position itself in the midst of rampant online transactions while still referring to the pillars and conditions of buying and selling that are fulfilled so that there is no abuse in transactions, e-commerce from various good reviews contained in positive law or Islamic law states that it is permissible and legitimate to do so by prioritizing the pillars and conditions that must be met. Online transactions, which we still consume today, have become an important forum for millennial life in its implementation while maintaining stability so that conflicts do not occur which lead to a lack of validity. Buying and selling, which was originally quite classic and a little complicated, has now turned into something that is instant and easy for us to implement and run systematically.
Child Adoption According to Customary Law In Desa Pemo Kecamatan Kelimutu Kabupaten Ende Sumirahayu Sulaiman; Kosmas Minggu; Sakura Alfonsus
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The execution of chil adoption in Indonesia each district one differing from other district since done legalistic of custom going into effect in pertinent district. One of thet district is ini Desa Pemo. Thought of generally in java with society which have system of familiarity patrilineal with system of child adoption done do not bodly and do not in cash,however in this didtrich is child adoption conducted by bold and cash. This research target is to know execution of child adoption in endowment is Desa Pemo and to know legal consequences of child adoption in endowment in Desa Pemo. Used by research method is method qualitative since in this research depicted by an event as things have panned out, that is hit execution of child lifting and domicile foster child of acocoding to customary low in Desa Pemo. This research use method of empirical apporoach yuridis that is aim to comperehend that law is do not solely as an a set the legislation order having the character of mere normatif, however law comperehended by as society behavior wihich symptom in life socialize, always have the interaction and relate to social aspect. Pursuant to research result earn taken by a conclucion that is child adoption in Desa Pemo executed boldly and the chas that is done according to customary law in Kabupaten Ende well-held almost always in klan of hand in glove big family according to line of familiarity patrilineal
Analysis of the application of the principle of innovation to the persons of violent criminal actions that committed together in public (Decision Study No. 227/Pid.B/2022/PN Kwg) Aryo Fadlian; Muhamad Dyshrul Anwar
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 (584.324 KB) | DOI: 10.35335/legal.v11i5.586

Abstract

The principle of presumption of innocence has a very significant correlation with the principle of human rights because in essence it is application of the concepts of human rights recognition, respect, and protection. Everything that can be achieved and accomplished via action. if the state is actually founded on the rule of material law and a democratic state, and the constitution guarantees the existence of these principles. To ensure that the suspect's human rights are respected, protected, and recognized, and that justice and the law are upheld, the Indonesian Criminal Code must establish and regulate the principle of presumption of innocence. The implementation of criminal justice can result in legal order and legal certainty. This study aims to determine how decision no. 227/Pid.B/2022/PN Kwg influences the application of the presumption of innocence against individuals who commit violent crimes together in public; displays the judge's evaluation of the decision and consideration of the legal decision no. 227/Pid.B/2022/PN Kwg; the research method is normative law analysis.
Legal Protection Against Notaries Due to Interceptors Who Provide False Information in the Minuta of the Deed of Sale and Purchase (Study of High Court Decision Number 99/PID/2020/PT. BDG) Revina Destiani Putri; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The notary in carrying out his office has the authority to make authentic deeds by listening to the will of the parties to be contended into a deed. Authentic deeds have the function of being perfect evidence regarding the information and facts contained therein. However, in practice, problems often arise where the presenter gives false information to the notary. This is certainly detrimental to the notary and has a legal impact regarding the proof of authentic deeds made by the notary. The purpose of writing this journal is to analyze the legal protection of notaries who are harmed due to false information provided by the interceptor. The method used in writing scientific journals is normative juridical, namely literature law research by examining literature materials or secondary data.
The Role of the Justice Collaborator in A Premeditated Murder Crime Muhamad Romdoni; Aldestianah Putri Abu Bakar
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 (477.737 KB) | DOI: 10.35335/legal.v11i5.589

Abstract

Justice collaborators are perpetrators of crimes willing to work with law enforcement to dismantle a crime or case that is considered complex and major. In criminal acts of murder that are organized and carried out by several people, the role of a justice collaborator is needed to reveal the role of each perpetrator. This study employs a normative juridical approach with statutory and case studies. According to the findings of this study, the role of a justice collaborator in the criminal act of organized murder committed by multiple perpetrators is critical in terms of providing information to law enforcement officials, what is the chronology of the beginning of the loss of life, what tools were used by the perpetrators in killing someone, the place where the loss of life occurred, to the extent of exposing the perpetrators who were involved in the loss of life so that the crime can be completed and not stop at the perpetrators who played a minimal role. Then, under law No. 31 of 2014, witnesses and victims are protected, and the requirements for becoming a justice collaborator, according to SEMA No. 4 of 2011, are that one of the perpetrators of a crime, but not the main actor in a crime, provides information as a witness in the judicial process, providing significant evidence, and uncovering actors who have a larger role.
Conflict of Law Culture Consequence Law Transplantation in Indonesia Money Laundry Regulation July Esther
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Legal Transplantation in eradication criminal law money laundering framework in Indonesia for the first time was did in 2002 with legislated Law No. 15 of 2002 on Money Laundering and Eradication Money Laundering and then in October 2003 amendment with Law No. 25 of 2003 and then regulated in Law No. 8 of 2010 on Prevention and Eradication Money Laundering Crime. Legal transplantation is carried out by incorporating international standards into the national legal system, particularly into Law of Money Laundering and Eradication Money Laundering. In addition, legal transplantation was also carried out under the pressure of Financial Action Task Force (FATF) which resulted from the assumption that Indonesia has not fully obeyed 40 Recommendations and 9 Special Recommendations from FATF. The type of research used is doctrinal legal research or normative legal research, namely legal research using secondary data sources whose emphasis on theoretical and analytical qualitative. Based on the results of research due to legal transplantation resulted in a conflict of legal value in the criminal law system in Indonesia which is oriented to "follow the suspect" rather than "follow the money" especially in law enforcement anti money laundering regime. Likewise has resulted in a legal culture clash which is a reflection of the legal discipline of socio-political aspects.
Position of The Will Deed That is not in Accordance with Article 902 of The Civil Code on The Inheritance of The Second Marriage Putri Hairani; Liza Priandhini
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

A will is the will of the testator that contains the wishes of the testator as long as it is permitted by law and must be used as a basis for carrying out the division of the property he inherits. That the testator in the making of the will often deviates from the provisions contained in the statute, but for heirs in a straight line upwards or downwards cannot be excluded and harmed because they are guaranteed by the existence of an absolute share or legitieme portie which can be prosecuted if his absolute share is violated. And besides that in the will there are restrictions / prohibitions that must be met in its implementation. This study analyzes the decision of the Jakarta High Court Number 246 / PDT / 2020 / PT DKI, regarding a rule regarding the position of the will deed given to the second wife who violates the restrictions / prohibitions that are not in accordance with the provisions of article 902 of the Civil Code, namely that there is an error in the application of the law in the inheritance of the heir. The dispute between the heirs caused the inheritance's estate to have not been divided and the will deed was annulled by a court decision. The annulment of the will deed by the court is incorrect. The research method used in this research is normative juridical research or literature law research with the form of analytical descriptive research. The author uses secondary data types to solve the subject matter that arises.
Youtube Content as an Object Of Fiduciary Guarantee in a Debt Receivable Agreement Okta Auliazahara; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Government Regulation Number 24/2022 (PP 24/2022) has just regulated the provision of guarantees for intellectual property created by creative economy actors. YouTube content as one of the copyrighted works is included in the intellectual property in question. Even though it has been regulated, the government is still making preparations for its implementation. Where it is still not clear the scheme and its implementation. Based on this, the problems are formulated, how to measure YouTube content as a digital asset and how YouTube content can be used as an object of fiduciary security in a debt agreements. The result is that YouTube content can be regarded as a digital asset based on the economic value or income generated from the adsense feature. This income, later could become a value in fiduciary guarantees. The advice that can be given in this study is the need for good supervision in creating schemes and best implementation of making YouTube content an object of fiduciary guarantees in debt agreements.
People's Consumptive Behavior on the Reaction of Government Regulation to Fuel Price Increase Rizqi Fitrianti; Ita Rosita Wahyiah
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 (849.262 KB) | DOI: 10.35335/legal.v11i5.611

Abstract

The adjustment to the fuel price increase occurred again, this is the second time President Joko Widodo has made this policy. Various reactions that occur in society related to massive information in the media make various behavior changes that are quite significant. Among them are consumptive behaviors to obtain excessive products outside the main needs. The problem discussed in this study is the reaction caused by the exposure of information on a government policy. As well as feedback in the form of follow-up communication in the form of changes in community behavior and the phenomenon of rapid reactions that occur to these stimulants (news of fuel increases). This study aims to analyze the reaction of public behavior to the actions made by the government, in the form of fuel price increase policies, based on the S-R (Stimulus - Response) communication model. The method used in this study is an ethnographic method with a qualitative approach. The ethnographic method is carried out for the analysis of sociocultural life in the form of community behavior individually and in groups according to local culture. From this research, it can be concluded that government regulations set as government policies for adjusting fuel price increases can cause reactions in the community. The S-R communication model can show that the action of information in the media that the communicant receives as an organism, can give rise to a variety of direct reactions in return. Such as long queues and panic buying behavior.
Effectiveness of BPHTB Verification and Validation Process for Land and Buildings in Bekasi City Ambhara Reyhan Anfeis; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The existence of BPHTB acceptance by the government, especially the Regional Government, cannot be separated from the important role of a Notary who has the authority as a Land Deed Maker Officer or commonly known as PPAT. BPHTB is an obligation to pay taxes incurred due to a transfer of rights to land and buildings that must be paid by the buyer. A transfer of rights to land and buildings can only be carried out if it is carried out in the presence of a PPAT. Notaries such as PPATs are important parties in the acceptance of BPHTB to the Regional Government because in order to make BPHTB payments by taxpayers a BPHTB registration process is required first, which can only be done by a Notary as PPAT. Although BPHTB payments can be made independently by taxpayers, this cannot be done without BPHTB registration carried out by a Notary as PPAT. From the explanation above, we can find one of the important roles of a Notary as a PPAT in the process of tax revenue and income, especially the BPHTB tax as one of the local government revenues. The reality in the field is that the Regional Government does not realize the important role of the Notary as the PPAT in the process of accepting the BPHTB. The Regional Government is passive and not appreciative of the Notary as the PPAT so as not to create a mutualistic relationship between the Regional Government and the Notary as the PPAT.

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