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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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Implementation of Contracts for Creative Economy Activities as Debt Guarantees Mahaputeri Wisnuhardjo; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

With the enactment of Government Regulation Number 24 of 2022, creative economy actors can now apply for financing based on intellectual property. Intellectual property that is used as the object of debt guarantees is a fiduciary guarantee on intellectual property, contracts in creative economic activities, and collection rights in creative economic activities. Contracts in creative economic activities are objects that are still foreign to be used as collateral for debt, so it is still unclear about the implementation and how a contract in creative economic activities can become an object of debt guarantee. The research method used in this research is normative juridical. The result of this research is that contracts for creative economic activities can be used as collateral for debt by nominating the contract. Suggestions that can be conveyed based on research conducted are the need for clearer arrangements regarding the assessment and implementation of creative economic activity contracts as debt guarantees, because the elements of creative economic activity contracts and debt guarantees are quite different.
Juridical Review Process of Land Selling That Was Conducted in Bad Intention: (Study of Supreme Court Decision Number 1545K/Pdt/2019) Rahmat Lubis; Bastari; Utary Maharany Barus; Maria
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

The existence of the earth cannot be separated from human life, the state is obliged to guarantee and protect the rights of citizens to acquire, own and enjoy property rights over land. However, because land area is determined by the increasing needs of the state's economy, this often creates land disputes as stated in the Supreme Court Decision 1545/K/Pdt/2019, where one party obtains ownership rights to land in good faith. This research is descriptive in nature and uses a normative legal approach. Information obtained through library research (library research). Based on the research results, there are vague indications that fraudulent acts may contain an element of offense under § 531 BGB, namely. H. the buyer knows the defect of the goods, but the buyer still buys the goods and the legal consequences of transferring the property can be canceled and the rights can be returned to the original owner, the buyer can also be punished for all costs, losses and interest incurred. From this it can be concluded that the form of fraud in Decision No. 1545/K/Pdt/2019 because the purchase of goods by Defendant II to Pelawan is invalid because it is no longer the direct owner, so it is appropriate that Pelawan's resistance cannot be accepted because it is against the law.
The Effectiveness of BPHTB Online in The Effort of Preventing Tax Funds and Regional Revenues in Asahan District Rahmat Lubis; Bastari; Utary Maharany Barus; Maria
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

This research is descriptive in nature. a method for describing an ongoing state or situation, the purpose of which is to produce information about research subjects to examine ideal problems. The data source of this research is secondary data. Documented data was used as a data collection tool for this study, supported by candid interviews with tax officers in Asahan District and notaries working at Batu Bara. Based on the survey results, it turns out that online verification of the Asahan District BPHTB (Regional Financial and Asset Management Agency) cannot actually be carried out because the levy is not regulated regionally. from BPHTB. The constraints faced by the Regional Office for Finance and Asset Management in Asahan Regency lie in the era of e-government. - There are still taxpayers at BPHTB who do not understand how to use e-BPHTB, so that taxpayers find it difficult to enter information about BPHTB online, as well as incomplete local tax information and communication to the public. Information is an important source in policy implementation, the availability of sufficient information to support good policy implementation, information on BPHTB tax policy implementation.
Analysis of Human Rights Protection in Defamation Charges Based on Indonesian Laws (Case Study Number: 560/PDT.G/202/PN JKT.PST) Dhani Samantha; Ika achmawati Sukarno Putri; Nasywa Laffaiza; Muhammad Raihan Hakim; Raja Drajat Hasiholan
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Indonesia is a country that has a forum to voice or give opinions stipulated in the laws. However, the more freedom in giving opinions, people sometimes forget to filter what must be informed and not. In this situation, there is a defamation accusation case that won by Dr. Richard Lee. This study had reviewed the nature of defamation charges and the laws involved in it. Based on this background, this study used legal research with legislative and comparative approaches. This study examined legal norms and practices in Indonesia. It was a descriptive study which aimed to get a complete analysis and conclusion on the matter. Data collection used secondary data which includes literature study. The conclusion obtained about defamation law is through ITE Law and 310 Indonesian Criminal Codes which in this case, the law on defamation can be civil and criminal laws depending on the context of the losses made by the perpetrator.
Existence Of Copyration Laws Related To The Principle Of Openness Which Are Not Completed In The Process Of Its Establishment Monica Virga Darmawan; Rachel Anne Patricia; Calvita Calvita; Ayesha Tasya Izulkha
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

Good governance can be realized with the implementation of the formation of laws and regulations in accordance with the principles, especially the principle of openness. The importance of implementing the principle of openness is to make it easier for the public to provide input orally and/or in writing. Each Draft Legislation must be easily accessible to the public, with the aim that the government works fairly and transparently, and the public can also better understand how the government works, both in preparation, implementation and maximum results achieved. This study uses qualitative data with a normative juridical method or approach. The conclusion of this study is that there must be participation from the public starting from the stage of drafting the Law to the end, during the discussion stage in the DPR it must be carried out in a transparent, careful and unhurried manner. Also, the substance must be ensured that it meets the material and formal requirements in the formation of statutory regulations as stipulated in Law Number 12 of 2011 concerning the formation of statutory regulations.
Validity and Legal Consequences of Granting Building Use Rights to the Komanditer/Comanditaire Venootshap Guild (CV) Muhamad Mahdifa Lazuardi; Siti Hajati Hoesin
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

The granting of Building Use Rights (hereinafter referred to as HGB) cannot be given to limited partnerships. This is because the Limited Partnership is a business entity, while what can be granted HGB is a legal entity. HGB is the right to construct or own a building on land that is not one's own for a limited period of time. In Indonesia, this HGB is regulated in the Basic Agrarian Law (hereinafter referred to as UUPA) and those who can own this HGB are Indonesian Citizens (WNI) and legal entities established and domiciled in Indonesia as described in Article 36 paragraph (1 ) UUPA. In practice, there is a policy that allows these Limited Partnerships to own HGB as contained in Circular Letter Number 2/SE-HT.02.01/VI/2019 issued by the Minister of Agrarian Affairs and Spatial Planning regarding the Granting of HGB to Limited Partnerships. This Circular Letter aims to increase investment and encourage economic growth in all regions of Indonesia by granting HGB to Limited Partnerships. This research focuses on discussing the suitability and legal consequences of granting HGB to limited partnerships based on Circular Letter Number 2/SE-HT.02.01/VI/2019. This study uses a normative juridical method with a statutory approach and an analytical approach. This research will explain the granting of HGB based on the UUPA and government regulations, the status of limited partnerships in Indonesia, and the legal consequences of enforcing Circular Letter Number 2/SE-HT.02.01/VI/2019 on obtaining HGB for limited partnerships.
Juridical Analysis OF Commando Accountability in Law No 26 of 2000 Concerning Human Rights Court Suwito Suwito; Zonita Zirhani Rumalean; Wahyudi BR; Julisa Aprilia Kaluku
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

Command responsibility is essential in international human rights enforcement, namely the 1998 Rome Statute. This is also regulated in Article 42 of Law No. 20 of 2000 on the Human Rights Court. Along the way, there are several areas for improvement in Law No. 20 of 2000 concerning the Human Rights Court, namely mistranslations, interpretations and unclear norms relating to command responsibility. This study aims to: (1) To be able to identify and analyze the Command Responsibilities in Law No. 26 of 2000; and (2) To be able to find out and analyze the comparison of Law No. 20 of 2000 on the Human Rights Court and the 1998 Rome Statute of command responsibility. This research is classified as normative research with a philosophical and analytical approach. Materials are collected through document studies and then analyzed prescriptively. The study results show that the Command Accountability in Law Number 26 of 2000 concerning the Human Rights Court has several weaknesses, interpretations and unclear norms related to command responsibility. Therefore, it is necessary to synchronize the 1998 Rome Statute with the Elaborated Approach, namely by adopting the provisions in the Rome Statute, which are elaborated with the National Legal Interest.
Legal Protection of Women Victims of Revenge Porn Based on Pornography and ITE Law I Putu Ngurah Santi Juni Dwi Adnyana; Titiek Guntari
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

Revenge porn is a form of coercion, threat to someone, generally female, to spread pornographic content in the form of photos or videos. The perpetrator could be his boysfriend, ex-boyfriend who wants to come back, or unidentifiable person. As a result of these actions the victim suffers immaterial losses in the form of psychological pressure and exclusion from society. Law enforcement is important to protect victims. KUHAP as a regulation regarding the judicial process must pay attention to the rights of victims. This research uses normative legal research, by looking at the current norms. Data collection is done by literature study namely by looking for regulations, and theories from books journals and research results. The problem in this study is how the legal arrangements in Indonesia are related to the phenomenon of Revenge Pornography?. And How Legal Protection for Women Victims of Revenge Pornography?. The results of this study indicate that the legal arrangements regarding revenge porn  which are regulated in the Pornography Law and the ITE Law are only criminal acts and criminal threats, and catch criminals. However, legal protection for women victims of revenge porn  is not regulated in the Pornography Law and the ITE Law. Regarding the protection of women victims of revenge porn  so far it has not been regulated in the Pornography Law and the ITE Law and in judicial practice, legal protection of the victim is considered sufficient by imposing a sentence on the perpetrator. Whereas the protection of women victims of revenge porn should protect the dignity of the victims, the honor of the victim and the psychological aspects of the victim or the victim's psychology.
Execution of dependent rights objects due to overlapping land for the purpose of debt repayment : (Case Study of Supreme Court Decision Number: 25 PK / TUN / 2021) Erizka Shavirra Rachael; Edith Ratna Mulyaningrum
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

This research analyzes the execution of dependent rights objects due to overlapping land for the purposes of debt repayment (case study of supreme court decision number: 25 pk / tun / 2021), The method used is normative legal research that is descriptive, analyzing secondary data in the form of primary legal materials and secondary legal materials. Data acquisition using literature study techniques and analyzed in a qualitative way draws conclusions with deductive logic. This study discusses the arrangement of the execution of collateral objects due to overlapping land for debt repayment based on laws and regulations related to legal remedies from the failure of execution of collateral objects due to overlapping land for debt repayment purposes, How are the implications of the execution of collateral objects due to overlapping land for debt repayment costs based on Supreme Court Decision Number:  25 PK/TUN/2021.
Swot Strategy Analysis in Improving the Quality of Public Services During the Covid-19 Pandemi (Study at Pekon Soponyono, Wonosobo District, Tanggamus Regency) susilawati; Eny Inti Suryani; Sindi Sanora
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i5.631

Abstract

This study aims to find out how the SWOT Strategy Analysis is in Improving the Quality of Public Services during the Covid-19 Pandemic in Pekon Soponyono, Wonosobo District, Tanggamus Regency. This research uses a qualitative descriptive method. With SWOT data analysis techniques, SWOT analysis is carried out using the Internal Factory Analysis Summary matrix. (IFAS) and External Factory Analysis Summary (EFAS) to find out which strategies are suitable for use in Pekon Soponyono. This research resulted in findings that the public services provided by Pekon Soponyono seen from public service standards which include service procedures that are still difficult for the community to understand, existing facilities and infrastructure are inadequate so that this hinders the service process and the competence of service providers still needs to be improved because background factors are also one of the causes of a lack of understanding of the service process and the absence of special training for apparatus to develop their potential. The SWOT analysis produces a WO (Weakness-Opportunities) strategy, namely establishing a strategy for simplifying service procedures so that the services provided can be effective and efficient, improving facilities and infrastructure considering the need for higher services.

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