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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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Juridical Review of Immigration Control at TPI Soekarno-Hatta: Comparison of Icao Literature, International Best Practice, and Immigration Office E-Office Erlangga Eka Saputra; Lasbeth Parulian Lamsihar; Muhammad Bintang Anggriawan
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The development of information and communication technology as well as the flow of globalization in this era has provided many conveniences related to transnational travel, in this case migration between countries is an interesting phenomenon. Because these migration flows can cause a threat to the security and defense of a country. With a research model that focuses on immigration checkpoints that include human variables, documents, country of origin, country of destination. These variables will be analyzed to obtain data containing weaknesses in the immigration cross-border inspection system followed by a formula to improve the cross-border inspection system at Indonesian immigration checkpoints. With the hope that safe and effective services will be achieved, followed by the disintegration of the nation and state. It is also necessary to pay attention to improving the cross-border inspection system at immigration checkpoints. Indonesia can see inspection standards abroad that have been proven safe and effective as a reference in improving immigration inspection services.
Juridical Analysis of Massive Traffic Violations Carried Out by the Delivery of the Remains Zabidin Zabidin
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The bodyguards who carried out massive escorts in carrying out the bodies included violations that often resulted in accidents. Accidents involving motorbikes or cars on the highway that occur due to technical matters, for example, motorbike riders who deliberately hit a car or motorbike who don't want to get out of the way when the motorists delivering the body tell them to move aside, motorists and cars object the road was taken by force and was very undisciplined, as well as the lack of awareness possessed by motorists carrying bodies which resulted in them committing arbitrary acts on the highway. We rarely meet orderly motorists delivering corpses. The factors that cause massive traffic violations committed by funeral drivers are the human factor and the factor of not being escorted by the police. The family of the deceased forced the ushers to speed down the street, indiscipline and ignorance. Meanwhile, preventive efforts are made by guiding the community. attention and guidance are urgently needed as a means to prevent any action that deviates from the values ??that exist in society and prevention efforts against parents or family, the community, the police, and related agencies. if when delivering the body they damage public facilities which can harm themselves or others.
Analysis of the Function of Regional Apparatus to Realize Strong Food Reserves in the Era of Regional Autonomy Mohamad Hidayat Muhtar; Viorizza Suciani Putri; Farida Tuharea; Irsan
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Food Reserves and food security are two concepts that cannot be separated because good and strong food security will have implications for both national and regional food reserves. This study aims to discuss (1) the function and role of regional apparatus organizations in the era of regional autonomy? and (2) What are the problems faced in implementing Regional Food Reserves? The research method is carried out with a normative juridical type through a statute approach. The study results show that (1) The duties and functions of regional organizations in terms of food security and reserves must be integrated with local and village governments. (2) Problems in the Implementation of Regional Food Reserves, namely the Management of food security or food availability at the national and regional levels and the conversion of agricultural land, which has a tremendous impact on food reserves.
Juridical Analysis of the Performance of Correctional Institution Apparatuses in Fulfilling Human Rights (HAM) of Prison-Assisted Prisoners in Correctional Institutions Mujahidin; Muammar Arafat Yusmad
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The purpose of this research is to describe the performance analysis of the Class IIA Palopo Correctional Institution Apparatus in fostering the Correctional inmates. This research is a descriptive qualitative research that uses a historical approach. Sources of data in the study came from interviews and field observations, while the interviewees were the Head of Correctional Institutions, Officers, Correctional Inmates, and Nurses, while secondary data were taken from documents related to the research. The results showed that 1) The Performance System of Class II A Palopo Prison Apparatus was good because they were very responsible for their work. However, the shortage of prison officers is a bit burdensome, especially female officers who need to be added to personnel. The first coaching given is spiritual development through religion, which includes lectures, as well as self-reliance development through skills, which include sewing skills. 2) The obstacles faced in prisons are the lack of facilities for skills development programs, the low level of education of the inmates, and the lack of understanding of employees as coaches, especially in the area of ??salon/babershop skills. 3) Implementation of the fulfillment of prisoners' rights to health services at the Class II A Penitentiary of Palopo City which researchers obtained from observations and interviews from Class II A nurses of Palopo City include; 1) Promotive Services, 2) Preventive Services, 3) Curative Health Services, 4) Rehabilitative Health Services.
Criminal Acts Revenge Pornography In Terms Of Indonesian Criminal Law Dwita Rahmawati; Ifahda Pratama Hapsari; Hardian Iskandar
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 | DOI: 10.35335/legal.v11i5.601

Abstract

Crimes in the form of content containing immorality or sex are increasingly occurring in online networks, one of which is revenge pornography, commonly known as "Revenge Porn." This is a new phenomenon that has emerged alongside the rapid development of technology at this time. Pornography for the purpose of retaliation is a form of coercion and threat to someone, particularly women, to transmit or publish immoral content in the form of photos or videos taken in public by a partner or former partner with the goal of isolating, embarrassing, and destroying the victim's life.This case has been categorized as "online-based emotional violence." The purpose of this study is to find out that revenge porn is a criminal act, to find out and analyze the accountability of the perpetrators of revenge porn according to Indonesian criminal law. This study uses a normative legal research method using a statutory and regulatory approach related to the legal issues being addressed. Based on the results of the study, the perpetrators of the crime of revenge porn can then be held criminally responsible according to the provisions of Articles 281 and Article 282 of the Criminal Code, the Law on Information and Electronic Transactions, and the Law on Pornography.
Restorative Justice in the Implementation of Diversion Against Victims of Child Crimes Ibrahim Fikma Edrisy; Kamilatun
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Law Number 11 of 2012, concerning the Children's Criminal Justice System, emphasizes that at the level of investigation, prosecution, and examination of children's cases in district courts, diversion must be sought, which is carried out if the criminal act committed is threatened with imprisonment under 7 (seven) years and does not constitute a repeat of a criminal act. The purpose and usefulness of this study are to determine (1) the concept of restorative justice from the perspective of child protection and (2) Factors Inhibiting Restorative Justice like the Implementation of Diversion against Victims of Child Crimes. The approach method in this study uses a normative approach, namely by using legislation n because what will be studied are various legal rules that are the focus of this study. Based on the study results, it was concluded that restorative justice is carried out to prevent the repetition of criminal acts committed by children and keep children away from the negative influences and implications of the judicial process. The implementation of restorative justice in the perspective of child protection refers to legislation. Meanwhile, the Factors Inhibiting Restorative Justice in the Implementation of Diversion against (1) Victims of Child Crimes are coordination between agencies that carry out diversion at the investigation level, (2) understanding of the meaning of diversion, (3) lack of public trust in the rules for implementing diversion and (4) regulations regarding supervision of the implementation of the results of diversion agreements.
Analysis of Law Enforcement Related to the Fraud of Online Shopping Digital Payment System Nabila Anisahaq; Kuswardani Kuswardani
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

In the internet world, the potential for criminals to commit crimes is very large and very difficult to catch. It is because between people who are in this virtual world are mostly fictitious or the identity of the person is not real. The perpetrators violate the rules and norms of applicable law to gain more profit and enrich themselves. Online business makes the scammers are easier to take crime action. This research is normative legal research through a normative juridical approach. The data used secondary data covering primary legal material. The case with the transaction mode using QRIS has a relationship between Article 28 paragraph (1) of the ITE Law and Article 378 of the Indonesian Criminal Code, as seen from the elements that regulate the act on the article. In addition, it is also related to Article 4 of the Consumer Protection Law regulates the rights of consumers (QRIS users), which if violated is threatened with imprisonment for a maximum of 5 (five) years or a fine of at most 2 billion rupiahs. Using the Criminal Procedure Code as a basis to prove the non-conventional crime is very difficult to prove it because of the limitations of valid evidence according to Article 184 of the Criminal Procedure Code. In order to be more precisely prove the guilt of a person who committed a crime in the land of cyber/internet, the special law that can be used in this case is the Electronic Information and Transaction (ITE) Law which can be used to prove one's guilt in its evidence.
Juridical Analysis of Criminal Law Against Acts of Falsification of Health Documents as a Condition of Travel During a Pandemic Covid-19 Afra Zahra; Kuswardani Kuswardani
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The case of health documents falsification related to the Covid-19 pandemic is a case that must be considered carefully, considering that the health documents falsification has an impact not only on one person but has the potential to endanger many people. The existence of a Covid-19 vaccination certificate and also false negative antigen swab test results can result in more and more virus transmission, given the lack of certainty regarding the condition of the perpetrators. This study is based on a research paper on the principles of law (statute approach) and the concept approach (conceptual approach). Legal material tracing techniques used document study techniques and qualitative analysis of studies. The act of falsifying health documents in the midst of a pandemic is punishable by a maximum of four years in prison. For perpetrators who commit criminal acts in the form of forgery of health documents in digital form can be punished with imprisonment for a maximum of 9 (nine) years and/or a maximum fine of Rp 3,000,000,000.00 (three billion rupiahs). Referring to the provisions of Article 14 of the infectious disease epidemic law, it is known that anyone who deliberately hinders the implementation of epidemic management is threatened with imprisonment for 1 (one) year and/or a fine of up to Rp 1,000,000.00 (One Million rupiahs).
Gender-Based Violence Against Polygamy Women (Ethnomethodology Study on Polygamous Families in Lubuk Durian Village, Kerkap District, North Bengkulu Regency) Sri Narti; Anis Endang SM
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 | DOI: 10.35335/legal.v11i5.608

Abstract

The phenomenon of gender-based violence in the household is an interesting issue to study, one of which is polygamy. The research objective is to examine the processes and forms of verbal and nonverbal violence, front stage backstage in social interaction so that polygamy causes violence against women. The research was conducted because census data on polygamous wives experienced an increase in violence. The urgency of this to look at the psychosocial impacts of gender-based violence on the pattern of relations in the social system such as the economic impact. Ethnomethodology as a daily practice is classified as a qualitative research focuses on the actions of actors who are considered a norm. The results of the study found that the process of verbal and nonverbal violence occurred before and after polygamy. Forms of verbal violence include husbands arguing, always criticizing, threatening, ignoring the wife's presence, accusing and blaming with bad names, manipulating, embarrassing their wives, ridiculing, and insulting. His nonverbal violence was hitting and slapping. In the front stage, the wife looks strong, patient, and happy, while the backstage is the opposite. Polygamy causes violence against women because the practice of polygamy does not meet the requirements for polygamy either according to Islamic law and the polygamy law. The presence of regulations on polygamy is not fully binding and refers to the principle of marriage. The implication is that the rules on polygamy are considered not yet realized so it is necessary to review the Law on Polygamy and its derivatives.
Good Governance Implementation in Transimuda Arts Group in the Transmigrant Community Areas Putri Dyah Indriyani; Tutung Nurdiyana
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 | DOI: 10.35335/legal.v11i5.610

Abstract

The principles of good governance need to be applied in all lines of the life of the Indonesian people. This fosters and applies the main foundation and the character of society to become stronger, especially in art groups that develop in society. The transmigrant community has characteristics that are acculturated into the new culture. The aim of this research is to analyze the implementation of the principles of good governance in the Transimuda arts group in the transmigrant community. The concept used is good governance according to the United Nations Development Program (UNDP) which is the analytical tool in this study. Through data collection techniques in the form of observation, interviews, and documentation it was concluded that the implementation of good governance in the Transimuda art group in the transmigrant community received maximum appreciation from several stakeholders which made the art group more well-known and varied in its development.

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