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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 Certainty Aspects in Regulation of the Attorney General Number 15 of 2020 Concerning Termination of Prosecution Based on Restorative Justice Sardjana Orba Manullang; Rai Iqsandri; Mawarni Fatma; Avelia Rahmah Y. Mantali
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

There have been many sharp criticisms regarding law enforcement by law enforcement officials where small cases that could be resolved through peaceful efforts ended up in court. In 2020, the Attorney General issued Prosecutor Regulation Number 15 of 2020 concerning termination of prosecution. It is necessary to pay attention to the legal certainty aspect of the regulation when it is implemented. This study aims to analyze the aspect of legal certainty in the Prosecutor's Regulation Number 15 of 2020 concerning termination of prosecution based on restorative justice. Study this law uses a normative juridical approach Statutory Approach, the "statuta approach", and Conceptual Approach, the "conceptual approach". The results of the study concluded thatThe aspect of legal certainty lies in the guidelines that have been made by determining and limiting the requirements and implementation of termination of prosecution based on restorative justice. Service Regulation Number 15 of 2020 was made to support law enforcement with legal certainty, where restorative justice is given a clear, firm and comprehensive legal basis.
Juridical Analysis of the Office Term of Legislative Members in the Republic of Indonesia: ANALISIS YURIDIS TERHADAP MASA JABATAN ANGGOTA LEGISLATIF DI REPUBLIK INDONESIA Mohamad Qudrat Malapu
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

The New Order has taught us that unrestricted terms of office tend to be corrupt and used to retain power. The absence of term limits for legislative members of the House of Representatives allows incumbents to re-sit in the House of Representatives for more than 10 years or 2 terms of office, making the legislature a potentially corrupt institution. This study aims to examine the ideal term of office for legislative members (DPR) in the Republic of Indonesia to realize a healthy democracy. The analysis method is normative legal research with a statute approach and a conceptual approach.with the conclusion that Article 76, paragraph 4, of Law Number 17 Year 2014 concerning MPR, DPR, DPD, and DPRD needs to be revised by adding the phrase "Can be re-elected in the same position, only for one term of office." as an affirmation of the term of office of the DPR, which is only two periods.
The Urgency of Regulations for the Exercise of Copyright as a Fiduciary Collateral Nurul Fazri Elfikri; Andrew Shandy Utama; Mutiah Primadya
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

expanded its use as an object of guarantee to obtain credit or financing from financial institutions. The problem faced in Indonesia is that there need to be supporting devices in implementing the regulations in article 16 paragraph (3), such as the procedures for implementing it, assessing the economic value of Copyright, and how to disburse from Copyright. The research method used in the framework of this research is the normative legal research method. Although Copyright can be used as collateral as stipulated in law No. 28 of 2014, It still needs to be implemented in its practice. Copyright has economic value and can be transferred either in whole or part due to inheritance, grants, wills, written agreements or other causes justified by laws and regulations. In addition, Copyright has qualified as an object of fiduciary guarantee, among others. It belongs to the category of things and has economic value, so Copyright allows it to be used as an object of debt guarantee. The Copyright that will be used as the object of debt guarantee must be registered in the general register of works as proof of ownership of a Copyright. However, in its laws, Copyright does not have to be registered. Another condition is that the validity period of copyright protection has not expired, this is important in terms of the economic value of the Copyright because it can still be maintained against anyone.
Control of land rights by foreign nationals through nominee agreements in Bali Vania Melati; Winanto Wiryomartani
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

Property rights as the most absolute right that can be owned by a legal subject is something that is very important for the Indonesian nation. Land, as a basic need in carrying out life, has a social function designated and utilized for the greatest prosperity of the Indonesian people. On that basis, the ownership of the Freehold Land is only limited to Indonesian Citizens and some legal entities are excluded. This has created dissatisfaction for foreign nationals who wish to own land indefinitely in Bali, Indonesia. This dissatisfaction gave rise to the idea of carrying out legal smuggling through the practice called nominee agreements. This writing is intended to examine legal smuggling carried out through the nominee agreement, as well as the parties participating in the implementation of this legal smuggling.
Juridical analysis of user consumer protection health services (case study of Tiara Debora Simanjorang's death in hospital Kalideres family partner) Maurits Barita Parlindungan; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

Hospitals providing their services must pay attention to the quality of their services to patients as consumers. A large number of demands and lawsuits from patients to the hospital is clear evidence that there are still many patients who are dissatisfied with the services provided by the hospital. The problem that arises in the health services provided by the Kalideres Family Partner Hospital to Debora is the provision of services that are not optimal, causing losses to patients. The main problems in this study are 1) Whether there is a violation of consumer rights, and 2) How consumers can take efforts for the losses experienced. To answer the subject matter, normative research is carried out, data processing is carried out qualitatively, concluding using a deductive mindset. The conclusion of the study is 1) Violations of consumer rights occur due to the obligations of the Hospital as a service provider that are not done properly, namely not providing services to Debora safely, properly, and without discrimination, and 2) The efforts that can be taken by consumers based on applicable laws and regulations are through peace agreements, through the Consumer Dispute Resolution Agency and the courts.
Competition Law Perspective on The Assessment of Conglomerate Merger in Indonesia (Case Study: PT. Aplikasi Karya Anak Bangsa (Gojek) with PT. Tokopedia) Varial Ashari Djafar
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

This study examines conglomerate merger arrangements about monopoly practices and fair business competition in Indonesia conducted by PT. Aplikasi Karya Anak Bangsa and PT. Tokopedia uses a juridical-normative method with a descriptive research type, and research data is collected through secondary data consisting of legal materials. The results of this study are that KPPU as the authority that has the authority to supervise and examine business competition cases in Indonesia, made Commission Regulation Number 3 of 2019 concerning the Assessment of Mergers or Consolidations of Business Entities, or Acquisition of Company Shares Which May Lead to Monopolistic Practices and/or Unfair Business Competition and Guidelines for Evaluation of Mergers, Consolidations and Acquisitions issued and promulgated on October 6, 2020. The KPPU does not apply the theory of potential competition to this assessment. The Assessment Method for Conglomerate Mergers in Indonesia in current laws and regulations has not yet applied the potential competition theory which can predict market conditions that will occur in the future so that the Merger of PT. GoTo has the potential to create a data monopoly because Gojek and Tokopedia services are practically connected vertically so that it can strengthen the ecosystem of PT. GoTo. The advantage of having an assessment of mergers that eliminates potential entrants as has been implemented by the United States, where the competitive law enforcement authorities there can predict market conditions that will occur in the future if a merger is carried out or not carried out. This research suggests that the Business Competition Supervisory Commission should carry out intensive and strict supervision of PT. GoTo in the future and should in evaluating conglomerate mergers, especially in the digital market, apply the potential competition theory to minimize the potential for competitive behavior from giant companies merging in Indonesia.
Franchise Registration in the Perspective of Regulation of the Minister of Trade Number 71 of 2019 Nirwana Dewi Harahap; Zetria Erma
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

The franchise business is one of the most visible concrete examples in export and import trade between countries globally. To guarantee the interests of the parties, this business needs to be registered in accordance with the applicable laws and regulations. This type of research is normative with a conceptual and statutory approach. The data used is secondary data consisting of primary, secondary and tertiary legal materials. In Article 11 of the Minister of Trade Regulation Number 71 of 2019 concerning Franchise Management, it is stated that a Franchise Registration Certificate (STPW) is issued by the OSS Institution for and on behalf of the Minister or Regents and Mayors. STWT application process submitted through the Online Single Submission (OSS) Institution. For this reason, it is recommended that the franchisor and franchisee register their businesses in accordance with applicable regulations and that local governments are more active in socializing franchise registration and exercising tighter supervision of franchisors and franchisees who do not register their businesses
Policy Implementation of Street Children Development Program in Medan City (Study of Medan City Social Office) Ratna Sari Dewi; Elazhari Elazhari; Mariance Manao
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

The activities of street children in the city of Medan are diverse, including as buskers, cigarette traders, newspaper traders, and so on. This is the main duty of the government to street children. The aim of the study was to determine the implementation of street children development program policies at the Medan City Social Service and street children development program policies. This research method is a qualitative method. Data collection techniques using observation and interviews. The results of the research on the implementation of street children development program policies at the Medan City Social Service have not been maximized in terms of the street children that we still find at crossroads or at red lights and crossroads. The policy of the Medan City Social Service in implementing street children development programs, namely control and outreach programs and skills training. The obstacle faced is that street children who have been returned to their families still like to return to the streets, so that the government's program to respect the city in the absence of street children at crossroads cannot be implemented. The government and the Medan City Social Service can only reduce the number of children on the streets. For this reason, it is suggested that there should be more programs to improve children's skills and socialization.
Analysis of administrator and curator fees from the perspective of debtors and creditors Fadilla Jamila; Sakka Pati; Melantik Rompegading
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

Bankruptcy law recognizes two mechanisms, namely suspension of debt payment obligations (PKPU) and bankruptcy. In PKPU mechanism, administrators work with the debtor to manage the debtor's assets, while in bankruptcy curators manage and settle bankrupt assets. Based on article 18 (5) and article 234 (5) Law No.37 of 2004, payment of administrator and curator fees takes priority and is charged to the debtor. It raises issue regarding justice principle. This paper will discuss the administrator and curator fees from debtor and creditor’s perspectives. This study uses normative juridical method with a conceptual and statutory approach. The research found that the amount of administrator and curator fees has undergone improvement, for instance it has reduced the maximum threshold. However, the provision that administrator fees borne by the debtor who  experienced financial difficulties will burden the debtor, particularly if PKPU was not initiated by the debtor. Should the PKPU ends in bankruptcy, the debtor will not only be burdened with administrator fees, but also curator fees. Meanwhile, from the perspective of creditors, the payment of administrator and curator fees can certainly affect creditors' payment, especially concurrent creditors who do not hold collateral and have no privilege to receive priority payments.
Settlement of Rights Disputes Due to Unilateral Wage Reductions during the Covid 19 Pandemic Besty Habeahan
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
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Abstract

Because of There is a working relationship between employers and workers, so they have rights and obligation that the workers receive namely wages/salary. The covid 19 pandemic has impact on decreasing economic activity, so it cause the company lost out. To maintain the continuity of the business, the employers reduce the wages of workers unilaterally and for the action the employers violate worker's rights and losses. Therefore, the problem of study is whether permissible to reduce workers wages during the covid 19 pandemic and how is the process to solve the disputes over the right to reduce worker's wages unilaterally by company during the covid 19 pandemic. The research method used is normative juridical,namely using data sources based on positif law. The results of the research are based on Kepnaker No.104 2021 that wages for workers that work from home (WFH) , WFH are still paid. If it turns out that company is unable to pay, wage reductions can be made and the amount based on worker's agreement. The problem solving of reducing wages unilaterally by the employers is carried out in UU No.2 of 2004 concern to the settlement of Industrial Relations Disputes, namely bipartite or meditation,and if the bipartite or meditation fails, it can be resolved through the industrial relation court of first instance, and its possible to submit legal remedies directly to the supreme Court.

Page 48 of 93 | Total Record : 921

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