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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 877 Documents
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Intolerance against the Right to Freedom of Religion and Belief in the Termination of the Piodalan Ritual in Bantul Regency Jeremias Palito; Tiara Almira Raila; Tasya Nafiisah
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

Every human being in the world has Human Rights. One of them is the right to freedom of religion and belief. This right has been included in the International Covenant on Political and Civil Right, and in the 1945 Constitution, considering that Indonesia is a religious state. Indonesian people are allowed to embrace their respective religions. However, in 2019, cases of intolerance towards certain religious groups still occurred. The Piodalan ritual that was followed by Hindus and Buddhists in Bantul Regency was dismissed by local residents because it was considered worrying. The ritual had to be carried out at the house of one of the residents, because the Hindu houses of worship in Bantul Regency were still very minimal. In this article, we will discuss the provisions for the establishment of places of worship in Indonesia as well as the conceptions of human rights arrangements in Indonesia and in the context of international law. Method used in this paper is library research. This research shows that Bantul Regency lacks house of worship and there have been several intolerance cases happened in the past. In Indonesia, the enforcement of the right to freedom of religion and belief is still weak, even though there are already several legal instruments, including the 1945 Constitution, the Human Rights Law, and even international instruments, such as the UDHR and ICCPR which has been ratified by Indonesia.
Intellectual Property Regimes to Protect Computer Software: Indonesia and the United States Denindah Olivia
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

The national’s legal framework consists of separated regimes on protecting Intellectual Property Rights. One of them being possibly one of the oldest regimes that is copyright, is a declarative protection which makes it distinctive than other regimes. Considering that copyright is an Intellectual Property right that is easier to obtain with respect of the nature of the protection itself, therefore making copyright a popular method in protecting software, including in Indonesia. However, a more developed nation such as The United States covers the protection of software through copyright and patent protection. This paper will analyze Copyright regime in Indonesia for protecting computer software through a practical comparison to the United States. The aim of this paper is to furthermore examine on how copyright regime is the most suitable protection for computer software in Indonesia. Keywords: Computer Software, Copyright, Intellectual Property Rights, Indonesia, The United States.
The Extension of the Special Business Mining License (IUPK) under The Law No. 3 of 2020 of the Coal and Mineral Mining: Pro or Cons? Naila Amatullah; Niki Anane Setyadani; Syarafina Ramadhanty
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

The enactment of Law No. 3 of 2020 to amend the Law No. 4 of 2009 of the Coal and Mineral Mining has reaping various controversies lately. One needs to be highlighted from the several issues that were raised in disparately, inter alia, the insertion of provision pertaining to the guarantee of the extension of the KK and PK2PB in the form of IUPK under Article 169 of the New Mining Law. Whereas the former law stipulated that when the contract period has expired the land will be handed over to the State and auctioned, however, the latter law instead “guaranteed” the investors will directly get the aforementioned IUPK. The bizareness of such provision is indeed thought-provoking to be examined from both sides; the government as the regulator and from the people of Indonesia who is ought, constitutionally, to have the utmost prosperity from the exploitation of the natural resources pursuant to principles that needs to be contained therein. Ergo, it is expected that this writing can provide answers in a satisfied manner regarding the fulfillment of philosophical consideration within Article 169 of the New Mining Law.
The Substance of Dumping in HDI's Point of View, its Existence Towards Islamic Law Muhammad Ali Adnan; Atika Sunarto
LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

This paper discusses the views of international trade law and Islamic law on dumping practices. Dumping is the activity of buying and selling products at below normal prices in countries aimed at exporters for the sole purpose of controlling international market share. Dumping is carried out with the aim of seizing international share by a country, so that this is a high case in international trade. It is a fact that Indonesia is in the top fifth place on dumping charges. Dumping is a trade practice that is dishonest, however dumping is in fact not prohibited in the provisions of the WTO. However, importing countries can apply anti-dumping duties that apply to the WTO for dumping products to prevent or reduce the effects of serious losses on domestic products which are considered substantial. Islam recognizes the term dumping by the term "siyasah al-ighraq" or islam the price. Islamic law is different from international trade law. Which is in the hadith of the Prophet that the practice of dumping is prohibited because it can cause losses that lead to bankruptcy for producers.
Judicial Review due to Bankruptcy Law on State-Owned Enterprises (Persero) and Workers Muhammad Ali Adnan; Atika Sunarto
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

Bankruptcy is a general confiscation covering all debtor assets for the benefit of all creditors. In other words, bankruptcy is the time when the debtor is no longer able to pay all debts that are due. State-Owned Enterprises (BUMN) is a company in the form of a limited liability company (Persero) which is wholly, mostly or partly owned or managed by the government and directly controlled by the government. Workers or laborers are people who work and receive wages or other forms of remuneration. The research made in making scientific papers is normative legal research. Normative legal research or it can be called library research is research that saya learning in the form of documents, using a variety of secondary data, namely regulations in legislation, court decisions set by judges, and legal theories. The data source used to write scientific papers is secondary data sources. This secondary data source takes data that comes from existing journals, established laws and regulations. Secondary data also logged all documents that were informed.
The Urgency of the Existence of Islamic Banking (Comparative Study with Conventional Banking) Muhammad Ali Adnan; Atika Sunarto
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Banking has an important role in the development of a country's economy. Banking is a business entity that provides services in the payment traffic and circulation of money in the world. Islamic bank is a bank that conducts business activities based on Islamic principles, namely the rules of the agreement based on Islamic law between banks and other parties to finance business activities and / or deposit funds and other activities. The method used in this research is the normative method, namely legal research which is carried out by examining library materials or secondary data using a statutory approach, a conceptual approach and a comparative approach. The sources of data obtained are secondary data sources that come from literature studies by reviewing, analyzing and processing literature, laws and regulations, journals, articles, and writings related to Islamic banks and conventional banks. The results show that there is an urgency for the existence of Islamic and conventional banking in Indonesia in accordance with the interests of society.
Legal Aspects of Merging Limited Liability Companies in Company Law by Merger Atika Sunarto; Muhammad Ali Adnan
LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

In general, the goal of a merger is to obtain synergy or added value. The added value in question is more long-term compared to the added value that is temporary. Therefore, there is no synergy of a merger that cannot be seen shortly after the merger occurs. But it takes quite a long time. The synergy that occurs as a result of a merger of business bias in the form of ups and downs of economic questions, and financial synergy in the form of capital increase. The advantage of merger is that the takeover through a merger is simpler and cheaper compared to the other takeovers while the merger's shortcomings are that there must be approval from the shareholders of each company, whereas to obtain the agreement requires a long time. The merger strategy is an alternative to expanding the business.
Protection of the Rights of Women Workers in the Industrial Sector (Studies on Developing Countries) Gaeldeba Garaika
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Women workers contribute in enhancing national development. Therefore, the proper fulfillment of the rights of women workers in industrialism sectors must receives special attention. The rights of women worker’s implementation still found alot of irregularities, this literature aims to know the fulfillment of women worker’s rights by the company to complete their needs. The implementation of the fulfillment on the rights of women workers is an obligation that should be endeavored to guarantee their rights.
Zakat Fund Distribution Innovation for Beneficiaries in Tangerang Regency Tolkah
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Welfare is an ideal that is desired by all citizens and also humankind in all corners of the world, including those desired by all the people of the Republic of Indonesia. The purpose of welfare for all people in a country is to ensure equitable justice for every citizen of its country, as well as development that occurs in a religious field. which can increase the participation of religious communities in realizing the formation of national development. As the majority community in Indonesia, Muslims must be able to have a significant impact in the provision and empowerment of zakat funds for all groups of zakat recipients in Indonesia. The potential for zakat funds available in Indonesia is very large, as well as the potential for zakat that is owned by the Tanggerang Regency area which reaches 20 billion. If the muzaki and groups of zakat recipients in the Tangerang City area are aware of the amount of available zakat funds and are aware of the obligation to pay zakat, the management and distribution of zakat funds can also be more channeled and more evenly organized. With the participation of an institution that manages zakat funds such as BAZNas in Tanggerang Regency, zakat management is more optimal. From the background mentioned, there is a research question related to the above problem, namely: What method is used by the Tanggerang National Zakat Agency (BAZNas) in distributing zakat maal funds. The methodology used in this research is a case study method with a qualitative approach. Data collection techniques used are observation, interviews and documentation. The results of this study show that the distribution method used by the National Zakat Agency (BAZNas) of Tanggerang Regency is a consumptive and productive distribution method, the data collection techniques used are observation, interviews and document analysis techniques.
Implementation of Marriage Law no. 16 of 2019 in Preventing Early Marriage in Subang District Sri Nurcahyani
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The age limit of marriage according to Law number 1 of 1974 provides space for anyone to marry underage, this is a dynamic for Indonesia, especially Subang Regency with the highest number of underage marriages and high divorce and domestic violence (KDRT), therefore research This aims to see how the implementation of the Marriage Law No. 16 of 2019 prevents early childhood marriages in Subang Regency. This study uses a qualitative approach with empirical study methods. Data collection is carried out by facts in society. The results showed that the implementation of the Marriage Law requires support from related stakeholders, the central government,

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