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[Analysis Of Weakness In Enforcement Of Law Number 6 Of 2011 Concerning Immigration From Routine Activity Theory ]]>
<![CDATA[Faridh Al Wajidi]]>;
<![CDATA[Gina Isadora Patrecia Silalahi]]>;
<![CDATA[Karina Karina]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Law Number 6 of 2011 concerning Immigration regulates immigration law enforcement, both immigration administratif acts and immigration crimes. The implementation of immigration law enforcement is carried out by immigration officials who carry out their duties based on the applicable laws and regulations. However, the implementation of the implementation of Law Number 6 of 2011 cannot be said to be effective and in accordance with the reality. Today, the gap between das sollen and das sein in the application and enforcement of Law Number 6 of 2011, is so obvious that it is considered a routine activity. So, the formulation of the problem that will be examined in this paper is related to why there can be an application of the theory of routine activities in Law number 6 of 2011 and what is the effect of the theory of routine activities in immigration law enforcement in Law number 6 of 2011. This writing uses a qualitative research method with a qualitative approach. qualitative descriptive and data collection techniques carried out in a combined manner, namely inductive/qualitative. From the results of the study, it is known that the theory of routine activities in law enforcement as stipulated in Law No. 6 of 2011 resulted in many foreigners not complying with immigration rules properly due to the lack of strict enforcement of the applicable law.]]>
<![CDATA[The Effect Of Human Trafficking And People Stuffing On Indonesian Migrant Workers ]]>
<![CDATA[Hana Fortuna]]>;
<![CDATA[Kirana Shasa Sahila]]>;
<![CDATA[Muhammad Rizky Novianto]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Indonesia is a country that sends many of its citizens to become a worker in other countries. Indonesian Citizens working abroad are referred to as Indonesian Migrant Workers. Indonesian Migrant Workers are Indonesian citizens who decide to work abroad through a selection with the Indonesian Migrant Workers Protection Agency or BP2MI for a certain period. However, in the process of recruitment to work, Indonesian Migrant Workers are overshadowed by the threat of becoming victims of human trafficking or human smuggling. The Crime of Trafficking in Persons and Human Smuggling is a transnational organized crime committed by an individual or group and moves regardless of the territorial boundaries and jurisdiction of another country. In its prevention and countermeasures, the government has an important role to be able to help Indonesian Migrant Workers to be able to participate in recruitment and do their jobs well without hesitation and fear of the threat of becoming victims of transnational organized crime. The role that Indonesian Government performed is to create laws and regulations governing transnational organized crime and its derivatives and integrate between relevant institutions and/or agencies that prevent, regulate and enforce laws and regulations that have been made regarding to the transnational organized crime and its derivatives to guarantee and protect Indonesian Migrant Workers from the threat of such crimes.]]>
<![CDATA[Analysis of the Imposition of Entry Stamps on the Crew of Transportation Equipment against Permenkumham Number 44 of 2015 ]]>
<![CDATA[Rafly Mardiyanto]]>;
<![CDATA[Muhammad Luthfi]]>;
<![CDATA[Nur Aini]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Migration of people has occurred from prehistoric times where humans at that time (ancient humans) lived in a nomadic way or moved from one place to another. However, in prehistoric times there were no countries and no known borders between countries so that humans were very free to move. In this modern era, humans also move from one place to another, both within the scope of Regency/City, Province, Island, and even State. Every country has an area where between each region of the country a boundary must be determined. The concept of territorial boundaries is divided into 3 (three) namely Border, Frontier, and Boundrie. Of the three concepts, Immigration as the agency that first welcomes everyone who enters the territory of Indonesia and as the agency that is last met before leaving the territory of Indonesia is at the Immigration Checkpoint. In passing the Immigration Checkpoint, one must have clear requirements and goals so that later they can be given a stamp as an entry permit into Indonesian territory. The Entry Stamp is a sign given by the Immigration officer at the Immigration Checkpoint as a sign that someone is allowed to enter the Indonesian Territory.]]>
<![CDATA[Problems Faced by The Indonesian Medical Council in Determining Discipline Sanctions For The Medical Professional ]]>
<![CDATA[Gisty Restu Widyajati]]>;
<![CDATA[Juwita Juwita]]>;
<![CDATA[Tiyar Cahya Kusuma]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Medical Practice is a series of activities carried out by Doctors and Dentists on patients in carrying out health efforts. During this practice, doctors and dentists did not escape disciplinary violations. If the patient / patient's family finds a doctor violating the doctor / dentist discipline, they have the right to submit a complaint to the Indonesian Medical Disciplinary Council. The complaint is an effort to protect the public from incompetent and non-standard medical practices. After the complaint is decided by MKDKI, MKDKI provides recommendations in the form of giving a written warning, revoking the Registration Certificate (STR) or Practice License (SIP) and / or the obligation to attend education or training at a medical or dental education institution to the Indonesian Medical Council (KKI). ) to be immediately stipulated in the form of a Decree of the KKI concerning Sanctions for Medical Professional Disciplines. Even though doctors / dentists have been given penalties in the form of disciplinary sanctions from the medical profession, there are still many doctors / dentists who continue to practice medicine even though the STR and SIP have been revoked / frozen. And do not carry out education or training as directed by MKDKI and KKI. The imposition of disciplinary sanctions for the medical profession is solely intended to create a deterrent effect on doctors / dentists and to improve professionalism as a doctor / dentist.]]>
<![CDATA[Study of Judge's Decisions in Upholding Restorative Justice Law for Defendants and Victims of Underage Children ]]>
<![CDATA[Nurul Fatimah Az Zahro]]>;
<![CDATA[Muchamad Iksan]]>;
<![CDATA[Natangsa Surbakti]]>;
<![CDATA[Peggy Dian Septi Nur Angraini]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The criminal act of intercourse committed by the accused and the victim under the age of the need to apply restorative justice where the child is a form of hope to continue the hopes of the nation and state. This research method is normative juridical with statutory and case approaches and comparisons. The aim of the research is to find out and analyze the law enforcement of restorative justice for defendants under the age of study, Decision Number: 1/Pid.Sus-Anak/2021/Pn, Decision Number: 7/Pid.Sus-Anak/2021/Pn.Skt , and Decision Number 9/Pid.Sus-Children/2021/Pn.Skh. The results of the research show that Decision Number: 1/Pid.Sus-Anak/2021/Pn and Decision Number: 7/Pid.Sus-Anak/2021/Pn.Skt do not apply restorative justice where the judge prefers to impose prison sentences on children. Meanwhile, Decision Number 9/Pid.Sus-Anak/2021/Pn.Skh. has implemented restorative justice in the form of more action being imposed than to carry out imprisonment for children. Indeed, the crime of intercourse is not included as a crime that is resolved by restorative justice, but it needs to be seen as more in order to give the child offender the opportunity to understand the consequences of his actions and take responsibility and the community can understand the causes of crime for the sake of welfare and crime prevention. Keywords: Law Enforcement; Restorative Justice; Minors; Tindak pidana persetubuhan yang dilakukan oleh terdakwa dan korban di dibawah umur perlu menerapkan keadilan restoratif dimana anak adalah wujud harapan penerus harapan cita-cita bangsa dan negara. Metode penelitian ini adalah yuridis normatif dengan pendekatan perundang-undangan dan kasus serta perbandingan. Tujuan penelitian adalah untuk mengetahui dan menganalisis penegakan hukum keadilan restoratif justice terhadap terdakwa anak di bawah umur studi Putusan Nomor : 1/Pid.Sus-Anak/2021/Pn, Putusan Nomor : 7/Pid.Sus-Anak/2021/Pn.Skt, dan Putusan Nomor 9/Pid.Sus-Anak/2021/Pn.Skh. Hasil penelitian menunjukkan bahwa Putusan Nomor : 1/Pid.Sus-Anak/2021/Pn dan Putusan Nomor : 7/Pid.Sus-Anak/2021/Pn.Skt tidak menerapkan keadilan restoratif dimana hakim lebih memberikan penjatuhan hukuman pidana penjara terhadap anak. Sedangkan Putusan Nomor 9/Pid.Sus-Anak/2021/Pn.Skh. telah menerapkan keadilan restoratif berupa lebih dijatuhkan tindakan dibandingkan untuk melakukan penghukuman pidana penjara terhadap anak. Memang dalam tindak pidana persetubuhan tidak termasuk tindak pidana yang diselesaikan dengan keadilan restoratif tapi perlu dipandang lebih guna memberi kesempatan pelaku anak untuk memahami akibat tindakan dan bertanggungjawab serta masyarakat dapat memahami sebab kejahatan demi kesejahteraan dan pencegahan kejahatan. Kata kunci : Penegakan Hukum; Restoratif Justice; Anak dibawah umur;]]>
<![CDATA[Legal Politics Legalization Convention In Perspective International Law ]]>
<![CDATA[Mhd. Nasir Sitompul]]>;
<![CDATA[Ariman Sitompul]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Choice nomenclature Convention as a form of international agreement see the existence of the desire of countries that are bound by the agreement has a responsibility to implement and comply with the contents of the agreement because it is binding law post ratification and categorized as hard Law. Meanwhile, through analysis by using the concept of legalization seen that the form of legalization of the Geneva Convention is moderate where the level of obligation is high, the level of precision is high and the level the delegation is low. This means that although the responsibility of each country has been written with clear and detailed, but this agreement does not yet have a delegation of authority to third parties to implement, interpret, and apply regulations disputes; and also the possibility of creating new regulations. Without aspect third, the agreement tends to political aspects will be dominant over aspects law making it possible to be politicized even though the choice of legal form is hard law.]]>
<![CDATA[The Strength Of Evidence Of Invoice Bonus As A Debt Binding Agreement ]]>
<![CDATA[Rosita Nainggolan]]>;
<![CDATA[Christian Daniel Hermes]]>;
<![CDATA[Humala Sitinjak]]>
<![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.v11i5.709
<![CDATA[The agreement stated in the contract becomes a law for the parties who make it. What becomes a problem is when the agreement of the parties is only based on an invoice, which is known that the invoice is only proof of payment, as well as the amount of contents and the name of the goods on implementation of buying and selling, while the cooperation agreement on buying and selling is only done verbally. No one can prove that there were provisions in the agreement. It's just that the sale and purchase of the goods has taken place with the receipt of an invoice signed by the buyer as the recipient of the goods. This study analyzes data qualitatively. The method of approach to this research is normative. Source of data used secondary data. Data collection tools used with documentation studies. The location of the research implementation is in Pematangsiantar. The strength of an invoice receipt as a bond for accounts payable is a receipt as proof that there has been a sale and purchase of goods between the purchaser of production goods and the distributor as a supplier of production goods. So that the bill of invoice has the strength of evidence that the goods were received by the shop at the price according to the agreement and the distributor holds evidence that the goods have been received and the evidence is still in debt or paid for the payment for the goods.]]>
<![CDATA[Agricultural Land Punching Problems Under The Hands Customically (Cinta Maju Village Study, Samosir Regency) ]]>
<![CDATA[Imman Yusuf Sitinjak]]>;
<![CDATA[Ida Nadirah]]>
<![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.v11i5.734
<![CDATA[This study aims to find out about the customary pawning of agricultural land in the village of Cinta Maju, Samosir Regency.The pawning of land that occurred in the village was a legal act long ago, so land pawning that is tens of years old is still found, with the object of pawning agricultural land and agricultural land. The binding of the land pledge was made on a stamp letter a long time ago and there is a letter affixed with a stamp made by the pawning parties with witnesses being local elders/traditional elders. The legal rules regarding land pawn agreements that occur in the community must follow the rules of customary law. This study analyzes data qualitatively. The method of approach to this research is normative. Source of data used secondary data. Data collection tools used with documentation studies. Location in Samosir Regency, Sitiotio sub-district, Cinta Maju Village. The village's customary rules still demand repayment of new debts to release their lien rights, because of the importance of awareness from the community itself about debts that must be paid, in the law it is termed "Pacta Sun Servanda". The indigenous people of the village of Cinta Maju are still pawning agricultural land in a customary way, and the old mortgage on agricultural land that has not been repaid is still valid, excluding the provisions of Article 7 paragraph 1 of UU Prp No. 56 of 1960..]]>
<![CDATA[Juridical review of criminal acts of environmental destruction that occurred in the tele forest, samosir regency ]]>
<![CDATA[Sigar P. Berutu]]>;
<![CDATA[Mazmur Septian Rumapea]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i6.632
<![CDATA[This study aims to examine the environmental crimes that occurred in the forest area of ??Tele, Samosir Regency, with the background of the problem of how the regulation of criminal acts of environmental destruction is based on Law No. 32 of 2009; how efforts to overcome environmental crimes are based on Law No. 32 of 2009; and how the legal policy on environmental crimes is based on the decision of the District Court Number: 28/PID.SUS/PN.Blg. The research method used in writing this thesis is descriptive. The analysis leads to normative juridical material, namely another legal material. This research is an answer to the background of problems related to environmental crimes that occurred in the Tele forest, Samosir Regency.]]>
<![CDATA[Analysis Of Criminal Actions For Faking Rapid Test Letter As A Requirement For Traveling Out Of The City During The Covid-19 Pandemic ]]>
<![CDATA[Sigar P. Berutu]]>;
<![CDATA[Valentino Valentino]]>;
<![CDATA[Elvyn Frederychotan]]>;
<![CDATA[Sri Juliani Br Simanungkalit]]>;
<![CDATA[Dian Hardian Silalahi]]>
<![CDATA[ LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v11i6.634
<![CDATA[During the Covid-19 pandemic, it was found that the health certificates needed by many people for traveling outside the city as a requirement in preventing transmission of this virus were falsified. The crime of forging letters is a crime that is quite common in society during a pandemic. This study aims to examine the criminal act of forging a rapid test certificate as a condition for traveling out of town during the Covid-19 pandemic, against the background of the problem of how to regulate the criminal act of forging a medical certificate and the sanctions imposed on perpetrators of the crime of forging a rapid certificate. the Covid 19 test, and how law enforcement efforts to regulate the criminal act of falsifying medical certificates. The research method used in writing this thesis is descriptive, analysis leads to normative juridical, namely a material other law. This study uses library research techniques (Library Research). The analysis was carried out qualitatively. This research is an answer to the background of the problem related to the crime of forging a rapid test letter as a condition for traveling out of town during the Covid-19 pandemic. One form of law enforcement efforts to curb the criminal act of forging medical certificates is in one of the cases of forging rapid test certificates described in this study, in which the perpetrator was sentenced to 1 year and 10 months in prison by the Panel of Judges at the Pangkalan Bun District Court. The case above is a form of law enforcement against the act of making fake letters of the results of the Covid-19 rapid test.]]>
