LEGAL BRIEF
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.
Articles
921 Documents
<![CDATA[Reflection Of 'Care' Culture As An Identity At Rsud Dr. Drajat Prawiranegara Serang ]]>
<![CDATA[Noerma Kurnia Fajarwati]]>;
<![CDATA[Eka Susilawati]]>;
<![CDATA[Opiq Piqhi]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i5.614
<![CDATA[RSUD dr Drajat Prawiranegara or RSDP Serang has a noble goal to become the best hospital with professional and quality services as stated in the vision of the organization. As one of the referral hospitals, RSDP Serang has an organizational culture value, namely Cakap – Accountable – Responsive – Efficient which is abbreviated as 'CARE'. This study aims to explain the application of CARE culture as an organizational identity at RSDP Serang. The research was conducted by the quantitative, descriptive univariate method. A sample of 146 people was taken, consisting of general employees and health workers. This research shows that the application of CARE culture is still not optimal, so it has not fully reflected the identity of Serang Hospital as a superior quality hospital in Banten Province. It takes responsibility for all elements in the hospital, especially employees, both those who serve as health and non-health workers, to create public trust and organizational identity.]]>
<![CDATA[Implementation Of Debt To Equity Swap As A Corporation Debt Restructuring Effort ]]>
<![CDATA[Ilham Akbar]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[This study aims to analyze the regulation of debt to equity swaps as an effort to restructuring corporate debt (corporation debt restructuring) in Indonesia and its legal consequences, and legal protection for diluted shareholders who do not agree to holding a debt to equity swap scheme. The method used in this research is a descriptive analytical research with a normative type of research. The data collection technique used is library research and the data analysis technique is a qualitative, deductive-inductive method. The results of the analysis show that arrangements regarding Debt to Equity Swaps have been regulated in the legal system regulations in Indonesia, namely those in Article 35 paragraph (2) of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT); Government Regulation Number 15 of 1999 Concerning Certain Forms of Claims That Can Be Compensated for as Deposits in Shares; OJK Regulation (P.OJK) Number 36/POJK.03/2017 Concerning the Prudential Principle in Equity Participation Activities. The legal consequence arising from the existence of a Debt to Equity Swap in an effort to restructure corporate debt is the emergence of legal certainty related to efforts to save the finances of a company that implements a Debt to Equity Swap. The form of legal protection that can be provided is by raising a rights issue in shareholder matters.]]>
<![CDATA[The Implementation of Ultra Petita Principle in Decisions on Corruption Cases in Indonesia (A Study of Legal Sociology) ]]>
<![CDATA[Rizka Wahyuni Amusroh]]>;
<![CDATA[Haeranah]]>;
<![CDATA[Hasbir Paserangi]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i5.625
<![CDATA[This study aims to analyze the implementation of the ultra petita principle in criminal procedural law in Indonesia and to analyze the implementation of the ultra petita principle in decisions on corruption cases from the perspective of the theory of legal purposes. This research is a Sociology of Law research with Statue Approach, Conceptual Approach and Legal Sociology Approach. The material obtained is in the form of primary legal material and secondary legal material which is analyzed systematically and qualitatively in this case it will examine all data collected based on primary legal material and secondary legal material, which will then be connected with principles, legal theories, as well as the formulation of existing legislation so that a conclusion can be drawn in order to answer the problem studied. decision in corruption cases, especially related to the Juliari P. Batubara case, is justifiable because basically the judge decides according to the prosecutor's indictment, not the indictment. The judge has the authority to decide on a case based on the prosecutor's demands if it is in accordance with the legal facts at trial but must remain within the minimum maximum limit of the article suspected. In the decision on the criminal act of corruption, Juliari P. Batubara focused more on the aspect of legal certainty in the theory of legal purposes.]]>
<![CDATA[Government Policy In Issuing Letter Of Recognition Of Land Rights: (Study in North Musi Rawas Regency) ]]>
<![CDATA[Hartawan]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The problem of this research was regarding the alienation certificate (SPH) like: 1). less awareness of people about the importance of alienation certificate, 2). the lack of socialization from the related institute about the importance of this alienation in village or district, 3). lack of education on people about the importance of this land affairs document, which in the document regulation was arranged regarding the realization of the land affairs. This research aimed to know the policy of alienation certificate (a study in Rawas Ilir district North Musi Rawas). This study used qualitative method and the data analysis technique were data reduction, data display, and conclusion drawing or verification. The results of this study indicated that some indicators as follow: Communication and bureaucracy had been achieved the indicators represents the implementation of SPH in the village. Therefore it can be concluded that policy of alienation certificate policy in Rawas Ilir district has been achieved.]]>
<![CDATA[Independence of The Constitutional Court In Judicial Review Related To Constitutional Court Laws ]]>
<![CDATA[Bambang Sutejo]]>;
<![CDATA[Shaliha Az-Zahra]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i5.657
<![CDATA[The independence of the Constitutional Court is a guarantee for the rule of law and justice. The principle which states that judges may not examine cases involving themselves (nemo judex idoneus in propria causa) is one way to protect the dignity of the Constitutional Court. However, this is contrary to the authority of the Constitutional Court which has been confirmed by Article 24C of the 1945 Constitution of the Republic of Indonesia, one of which gives the authority to review the Constitution. The problem is also increasing with the absence of external supervision of constitutional judges which has been in effect after the Constitutional Court's Decision No. 1-2/PUUXII/2014, the date of the review of the Constitutional Court Law to date. This research is a normative/doctrinal legal research, which shows that the authority of the Constitutional Court to review the laws governing the Constitutional Court as a constitutional mandate.]]>
<![CDATA[Application of Restorative Justice on Criminal Acts of Narcotics Abuse Performed By Children Through Diversion In Denpasar ]]>
<![CDATA[Yunita Parisman]]>;
<![CDATA[A.A.A.N. Tini Rusmini Gorda]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i5.477
<![CDATA[Drug abuse is a crime and a violation that threatens safety. Narcotics abusers are currently not only carried out by adults, even children are involved in it. Children as perpetrators of narcotics crimes must be given protection by prioritizing the fulfillment of their rights and preventing children from the criminal justice process which will stigmatize or label children, including preventing children from being punished. imprisonment in Indonesia has Law no. 11 of 2012 concerning the Juvenile Criminal Justice System, which was issued with the aim of realizing a court that truly guarantees the best interests of children in conflict with the law. especially children in conflict with the law In the Juvenile Criminal Justice System Act, there is a principle of restorative justice which aims to keep children away from the judicial process and keep away criminal sanctions for children in conflict with the law. But in the application of the law it still has a negative impact on the future of children]]>
<![CDATA[Application Of Inheritance Practices From A Maqashid Sharia Perspective: A Case Study Of Banyuputih Kidul Village ]]>
<![CDATA[Norholis]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i5.511
<![CDATA[The transition process of modernity from the time has changed it all. Includes the division of legacy treasures by the islamic society in Indonesia. In drawn on the division of heirs of arch according to islam in the past refers to the Qur’an and Hadis. While the division of heirs of the heirs in the era now on longer refers to the islamic rules it self, but the rules by his own males and customary law in the community. Then, how the maqashid sharia perspective in response to the practice of the era of now. This research uses a descriptive qualitative method of empirical with case study approach in the framework of field data analysis. The results of the study can be concluded that the application of practical distribution of the legacy of the inheritance in Banyuputih Kidul Village is dividing the heirs of the heirs of the heirs before the heir died, divide the heirs of the heirs of the heir of the heir of the water in the future, and divide the same heal estate rat men and women from the results of essert deliberations follow the desired gracies. So according ti maqashid sharia in the division of grants and the wills is in accordance with the applicable rules. While the sama distribution does not mutch the faraidl rules, due to the rights of heirs taken by other heirs. Referring to the problem the hope of the division of heirs can be implemented according to the practce of islam that gives birth to the benefit of all heirs.]]>
<![CDATA[Immigration Supervision of Foreign Citizens Who Abuse The Limited Stay Permit ]]>
<![CDATA[Argi Nathanael]]>;
<![CDATA[Herdian Zulfi]]>;
<![CDATA[Varhan Razzaq]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[This study was conducted to deal with the problems of foreigners committing immigration violations, in the form of misuse of limited stay permits. This research was conducted to explore the problems or obstacles that occur in the field in handling cases of abuse of residence permits, especially regarding the misuse of limited stay permits. The large number of foreigners in Indonesia who use a limited stay permit is one of the main scourges in this study. The study in this study focuses on the immigration control and forms of violations of the abuse of limited residence permits committed by foreign nationals who are in Indonesia. This research study was conducted to find out how effective the supervision carried out by immigration was in handling cases of abuse of limited stay permits. Because this has actually been regulated in the immigration law, namely law number 6 of 2011 concerning immigration.]]>
<![CDATA[Evaluation of Discretionary Authority on Immigration Supervision ]]>
<![CDATA[Juan Carlo]]>;
<![CDATA[Linus Abel Mahfud]]>;
<![CDATA[Syahwa Salsabila]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The purpose of this study is to find out the scope and executors who have discretionary authority in immigration control and find out what is the legal basis for consideration in using discretionary authority in enforcing immigration law? This writing uses a qualitative empirical normative approach through data collection and analysis techniques. The results of the discussion show that the limits of discretionary authority in immigration, including immigration officials (PPNS) as executors of discretion, the purpose and scope of discretion must be in accordance with applicable laws and regulations, and the exercise of discretion must be carried out in accordance with technical administrative procedures in the Administrative law Government. The implementation of discretionary powers is based on the guidelines of the principle of legality and general principles of good governance as well as the effectiveness and alternatives of immigration administration. It was concluded that immigration law enforcement officers (PPNS) exercise discretionary authority using the principle of legality as a benchmark for implementation and based on juridical and non-juridical considerations. It is recommended to be monitored and implemented strictly to avoid abuse of power.]]>
<![CDATA[Juridical Review Of The Prevention and Action Of Pornography in The Virtual World ]]>
<![CDATA[Erwin Taroreh]]>;
<![CDATA[Dandy Adityah Syafaat]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The purpose of this research is to study how Indonesian laws and regulations regulate the prevention and prosecution of pornography crimes in cyberspace. This research uses a normative approach to legal research or library research, namely legal research conducted by looking at library materials. This legal research uses data on primary and secondary legal materials. Primary legal materials are laws and regulations, while secondary legal materials include journals, theses and other works. The inductive method is used to analyze data to produce recommendations or suggestions. This research shows that the Indonesian Pornography Law, the Minister of Communication and Informatics Law, the Criminal Code, the Information and Electronic Transactions Law, the Film Law, the Press Law, the Broadcasting Law, and the Telecommunications Law all clearly cover the prevention and prosecution of pornography crimes]]>
