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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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The Impact of Non-Judicial Guidance on the Impartiality of Tax Court Judges in Exercising Judicial Power Andi Ilham Taufik Ramli; Syamsul Bachri; Naswar
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.v11i5.633

Abstract

This study aims to analyze the impact of non-judicial coaching on the impartiality of tax court judges in exercising judicial power. This study uses normative legal methods, using a qualitative approach to determine the application of law to the development of tax courts and tax court institutions in Indonesia. The results of this study are (1) Based on the principle of judicial power and the freedom of judges, it implies that judges who serve in the Tax Court must be free from the influence of other powers, but in reality the judges who serve are under the ministry of finance, this is considered to weaken the function supervision and independence of judges in the tax court as a representation of judicial power. (2) The dualism of coaching which shows inconsistency with the existing justice system, causes the tax court not to fully comply with the applicable justice system. In other words, in this condition tax revenue is not completely independent or free from extra judicial influences. So that a political law is needed related to the full statutory tax court under the Supreme Court with the affirmation that the tax court judge must be free from the influence of the power of the ministry of finance.
Legal Review of Land Ownership Disputes in the Construction of the Nipa-Nipa Reservoir Nurul Inayah Yusuf; Andi Suriyaman M. Pide; Andi Tenri Famauri
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.v11i5.636

Abstract

This study aims to find out and analyze the causes of overlapping of some of the land owned by PT HK with the heirs and to know and analyze the legal protection of the heirs against the payment of compensation for land whose ownership is still disputed. This research uses the type of empirical legal research, in the form of legal research that functions to see the law in a real sense and examines how the law works in society. The results of this study indicate that the overlapping of some of the land owned by PT HK with the heirs is caused by a number of things, including the non-applicability of the Delimitation Contradictory principle when measuring the object of the dispute, then when a sale and purchase occurs, neither the MS nor PT HK heirs ever down to the location of the object of dispute but only buying and selling of documents related to the location of the object of dispute, and that there is no physical control by PT HK of the object of dispute and proof of ownership shown by both RM heirs and MS heirs is proof of rights long term and legal protection for recipients of compensation is an important matter in land acquisition for development in the public interest because compensation that is fair and in accordance with the rules for land acquisition for development in the public interest which has been well regulated and is clear is a benchmark regarding the level of success of the process. procurement of land for the ban use for public interest. Compensation must be given to the rightful party, in the event that the land object is in a case of ownership, compensation must be deposited at the local court (consignment) and can only be given after a court decision with permanent legal force or a deed of reconciliation.
Legal Protection of Parties Harmed by Non-Application of the Contradictoire Delimitatie Principle Muhammad Adhyaksa Mansyur; Andi Suriyaman M. Pide; Muhammad Aswan
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.v11i5.637

Abstract

Land rights which are part of the earth as regulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations Article 4 paragraph (1). Several factors cause land disputes such as:issue of 2 (two) or more land certificates on the same plot of land, which is known as overlapping. One of the land disputes is located in Maros Regency, with a decision number102/G/2016/PTUN. Mks. This dispute is based on Property Right Certificate No. 00795/Desa Baji Mangngai dated May 29, 1985 and issued 2 parts of the land parcels as a result of separation namely Certificate of Ownership No. 00811/Baji Mangngai Village and Ownership Certificate No. 00812/Desa Baji Mangngai and 1 part in 2011 namely Certificate of Ownership No. 00746/Baji Mangngai Village. The issuance of 2 or more land certificates is due to the non-implementation of the principle of contradictore delimatie based on Government Regulation no. 24 of 1997 concerning Land Registration.The type of research used is normative legal research with Statute Approach, Case Approach, and Conceptual Approach. The collection of legal materials was carried out using the library research method and the data obtained was analyzed qualitatively. The results of this study indicate thatIf the principle of contradictoire delimitatie is not applied consistently and consequently, it will certainly lead to legal uncertainty regarding land parcels. As a result, it will certainly affect the weak legal certainty of the object of the right to be used as a means for holders or owners of land rights. The dispute resolution steps that they or the BPN take are deliberations. Likewise in multiple certificate disputes, BPN also has the authority to negotiate, mediate and facilitate the parties to the dispute and initiate an agreement between the parties. However, if the problem cannot be resolved in the ways described above, then the disputing parties can make demands to the state administrative court.
Revenge Porn in Criminal Law: A New Form of Cyber Bullying, Qanun Jinayah, and Other Legal Consequences Galih Raka Siwi; Raihan Khoerunisa; Puti Priyana
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The trend of technological development coupled with the Covid-19 pandemic has made an increase in online-based forms of sexual violence crimes, especially regarding Revenge Porn. The purpose of writing this paper is to provide academic contributions and further references to the problem of revenge porn that is rampant in Indonesia. Discussion 1 and discussion 2 are studied juridically normatively with descriptive-analytical specifications. The results showed that so far the Criminal Code, Regulation on Pornography, Regulation on ITE, Regulation on Sexual Violence Crimes and Qanun Aceh can be used as a legal umbrella for revenge porn in Indonesia. Then, which various regulations regarding Revenge Porn are a form of legal liability that can be imposed on revenge porn perpetrators as part of the criminal law itself, namely providing imprisonment for confinement and also fines as a form of providing certainty, justice, and legal expediency for revenge porn in Indonesia.
Permendag Analysis Number 18 year 2021 Related to the Sale and Purchase of Imported Used Clothing Trade Elfrida Ratnawati Gultom; Ibrahim Satyanegara
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Buying and selling imported used clothing is a form of transaction with clothing objects from outside Indonesia and mostly carried out by the public. Meanwhile, the Government has banned the sale and purchase transaction of imported used clothes because one of the activities violates and greatly deviates from the applicable laws and regulations. The import trade itself has also been regulated in "Article 2 paragraph (3) PERMENDAG Number 18 of 2021 concerning Exported and Imported Goods." This imported used clothing is included in the category of dangerous goods because it has been bought and sold freely and there is no strict screening beforehand. Based on the description above, the purpose of this research is to discuss the implementation of the Indonesian Minister of Trade Regulation on the trade of imported used clothes. Referring to the subject matter, How does “PERMENDAG No. 18 of 2021 concerning Exported and Imported Goods" can overcome the ban on trade in imported used clothes? and whether PERMENDAG No. 18 of 2021 concerning Exported and Imported Goods is sufficient to be the basis for banning the trade of imported used clothes? The method used in this study was normative law, using a collection technique of a literature review of primary legal materials, secondary legal materials, and tertiary legal materials. This study was carried out through systematic preparation and also analysis with theories obtained previously in a prescriptive manner. The results of this study indicate that regulations regarding the activities of buying and selling imported used clothing have been made and regulated in “PERMENDAG No. 18 of 2021 concerning Exported and Imported Goods” clearly stipulates that using imported clothes are prohibited into the territory of the Republic of Indonesia because they have an adverse effect on people's health and economy. The direct impact of selling imported used clothes is very detrimental to the community itself, particularly to the health and economy of the community.
Legal Analysis of Acceptable Transfer (Cassie) to Third Parties in the Decision Case of North Jakarta State Court Number 471/Pdt.G/2019/PN.Jkt.Utr Linguis Muhammad Yunus Atahiah; Karli Karli
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Submission of bills on behalf of (cessie) as stipulated in Article 613 of the Civil Code where the submission is carried out to make a deed, where the deed of claims on behalf of said cessie deed. This research aims to find out how the transfer of receivables (cessie) to third parties according to the Civil Code and what are the legal consequences of the Receivable Buyer (cessor) for objects caused by the Transfer of Receivables (cessie) in the North Jakarta District Court Decision Case Number 471/Pdt.G/2019 /PN.Jkt.Utr. This research was designed with a normative juridical approach with a statute approach, case approach and conceptual approach. Sourced data obtained from library research. Data were analyzed by descriptive analysis method. Based on the results of the analysis, it was found that in the Case Decision of the North Jakarta District Court Number 471/Pdt.G/2019/PN.Jkt.Utr that was a delegate (transfer of debtor's obligations), namely the Debtor (Plaintiff) received a Letter from Defendant I with Letter No. 18/COL/10608 and Letter No. 18/COL/10611 Subject: Notification of Transfer of Receivables. Defendant I as a Creditor has the right to make a Transfer of Receivables (Cessie) to another party. Legal Consequences of Transfer of Receivables (cessie) is declared valid because Cessie can be done through an authentic deed or private deed, with the main requirement for the validity of the cessie is notification of the cessie to the debtor for approval and recognition.
Juridical Analysis Of Central And Regional Government Development Implementation Given Law Number 25 Of 2004 Concerning The National Development Planning System Maria Yeti Andrias; Yulianus Payzon Aituru; Liani Sari; Sardjana Orba Manullang
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

Many things happened after the collapse of the New Order government in Indonesia. Reform necessitated a change in the constitution so that, in the end, the direction of national development also changed. Where previously it was the Outlines of State Policy, now it is formulated in law through the National Development Planning System. This study aims to find out and analyze the implementation of development by the central and regional governments according to Law Number 25 of 2004 concerning the National Development Planning System. The normative research method analyzes law, legal principles, legal rules, legal systems, and various juridical concepts. The data needed in this writing is secondary data as the main data and primary data as supporting data—legal materials, namely data obtained from literature studies, archives, and library materials. The study results show that the SPPN Law is even more appropriate and follows the constitutional mandate. This law is consistent as a reference for planning. Then it accommodates guidelines for regularly planning, compiling, establishing and evaluating long and medium-term development policies. Furthermore, the basis for implementing development planning is determined by legal products that are formally regulated and stipulated by hierarchical laws and regulations.
Implementation of Criminal Sanctions Against the Perpetrators Criminal Acts of Personal Data Sales to Online Loan Apps Chusnul Karimah; 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.v11i5.646

Abstract

Two years ago, Pandemic made conditions in the world stop because of some of the requirements in the house. Most activities are done online. This resulted in several less capable societies, especially in financial matters, which were shocking. Although the pandemic is over, its effects are still being felt due to the number of layoffs, a lack of ability in the digital world, and a number of families shrinking in size. The  conomy of the community, which has not been thriving, makes the community look for solutions to survive. In Indonesia, it appears there are many illegal pin platforms. People continued to use pinuk for their financial problems despite being unaware of the importance of personal data to someone. Knowing personal information can lead to criminal behavior. New laws on personal data protection have now been published, and there are many other written rules. The authors in this article discuss the debtor data sold by creditors to others for personal benefit. Spam ads, fake gifts, hustlers, even threats—they're all impacts of self-data sales. Aim to know the shape. The rules are written in Indonesian. Personal data of salespeople over lenders can be viewed in Article 32 Parts (1) and (2). Threats to compliance can be criminalized Article 48 In Article 32, paragraphs 1 and 2,
Implementation of the legal functions of state administration in creating a good governance system in Indonesia Mery Herlina
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.v11i5.648

Abstract

Indonesia is a state based on law, where as a state based on law, every administration of government must be based on applicable law, and in a state based on law law is also placed as a rule of the game in the administration of state, government and society. While the goal of a rule of law itself is the creation of state, government and social activities that are based on justice, peace and expediency. The existence of State Administrative Law is expected to know the limits and nature of power, purpose and nature of obligations, as well as the forms of sanctions in the event of a violation of state administration. The results of this study explain that the state as an organization of power has placed a central position in the collective life of modern humans. The state is no longer only seen as an absolute entity, where all supporting stakeholders of the state must be subject to the (ruler) in a mutal manner, but, on the contrary, the state must follow the total rhythm of all elements forming the state, especially the people or citizens of the country concerned. The presence of state administrative law in the midst of society basically contains all the regulations relating to the way in which government organs carry out all their functions and duties according to the applicable authority. So we can understand that the core of this state administrative law is that it contains the rules of the game relating to the functions of government organs which can be seen in two aspects, namely state administration as an organization and administration that specifically pursues the attainment of state (public) goals set. on the basis of coercive law. However, to find out how big the consequences are, it must be understood through the eyes of the government about why this arrangement needs to be carried out so that it causes minimal consequences in its implementation.
The Role of Cyber Law in The Use of Technology in Mass Media Asih Handayati
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.v11i5.650

Abstract

In the era of convergence, as now, technological changes are developing quite rapidly, so that the desired information can be obtained quickly. In the virtual world, the name Cyber Law is known from the term Cyberspace Law which includes several legal subjects in it by using digital technology that can be utilized by the public at large. The development of human thought towards technological progress has provided many positive aspects for human life, but technological progress has also brought its own problems, especially in the aspect of crime. Technological advances can also be utilized by criminal (cyber) perpetrators in completing evil intentions. The impact or effect of this cyber law is felt by all levels, especially in the world order of the mass media. Where the real world is almost replaced by the virtual world. The presence of the cyber era makes human relations no longer hindered by distance and time. All information and news can be accessed by everyone without any obstacles. This is where a new chapter of life begins and the mass media inevitably flocks into a new world called cyberspace. Therefore, there is a need for a standard that regulates the freedom and use of facilities in cyberspace. Because cyber law is the solution to legal uncertainty in cyberspace.

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