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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- Law Implementation of Body Shaming that Leads to Sexual Harassment Against Women in Social Media Ricky Shandy; Retno Dewi Pulung Sari
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.638

Abstract

Beauty is the main reason for someone, especially a woman, to look stunning. A woman who feels beautiful uploading a photo of herself often experiences body shaming in the form of hate speech and bad comments through social media. It leads to sexual harassment. The Indonesian government passes the Violence Crime Act on Sexual Harassment (TPKS) which is expected to be a brand-new breakthrough in the Indonesian legal system. As well as the existence of restorative justice, it is hoped that it will also be one of the breakthroughs in the legal world by seeking a solution by emphasizing re-election to its original state. Not many women are well-aware of this new regulation. It is hoped that more awareness of this regulation to be well-spread, and that it can create determent effects for perpetrators of sexual harassment against women on social media. Using normative juridical qualitative method in compiling this research, the writer explains how effective the new regulation is for Indonesian women.
Legal Politics of Establishing a Health Bill with the Omnibus Law Method Sofyan Iskandar
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.717

Abstract

Omnibus law is a new method of changing a legal product in Indonesia. Likewise in regulations in the health sector. The government, through a body that does have the authority to prepare legal products, decided to change legal products in the health sector with the Omnibus law method. There will be at least 15 health law products revamped in the 2023 legislation program in the health sector. Over time, various polemics in the formation of the Health Bill with omnibus law turned out to trigger polemics in the community, especially for related parties such as the health worker profession that exists in Indonesia. This study aims to analyze the politics of law in the formation of the Health Bill using the omnibus law method. The type of research used in this research is normative legal research. The approach used is a statutory and conceptual approach. The results of the study that the direction of legal politics will be closely related to health. Health development is directed at increasing the awareness, willingness, and ability to live a healthy life for everyone in order to realize the highest degree of public health, as an investment for the development of socially and economically productive Human Resources (HR). Then, the legal product of the Health Bill with omnibus law is directed to the fulfillment of the right to health as an integral part of the existence of human rights where the state has an obligation to fulfill and protect the right to health.
Optimizing the Role of Correctional Institution in Resolving Cases Through Diversion at the Class I Correctional Institution of Tangerang Khusnus Sa'bani; Eva Achjani Zulfa
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.722

Abstract

The implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System depends heavily on the effective functioning of Correctional Institutions (BAPAS) in carrying out their duties as correctional technical implementing units. In the judicial process, BAPAS plays a crucial role in conducting research, providing guidance, supervision, and assistance to criminal children. However, the failure of BAPAS to fulfill its responsibilities could result in the failure to achieve the objectives of the law. This study aims to address the role of BAPAS in optimizing diversion efforts for the settlement of cases involving children facing the law, with a focus on the Class I Correctional Institution of Tangerang from 2019-2021. Specifically, the study investigates the extent to which BAPAS is successful in implementing diversion as a means of addressing cases involving juvenile offenders, and identifies the challenges that BAPAS faces in effectively carrying out its diversion duties. This study utilizes socio-legal research, specifically descriptive analytical research, to thoroughly describe and categorize the object of the subject matter. Primary and secondary legal materials, as well as qualitative analysis, are used to gather and analyze data. The study draws inductive conclusions from the data obtained to provide clarity in problem-solving. The findings of the study reveal that the role of BAPAS is significant in the success of diversion efforts to solve cases involving juvenile offenders. However, the study also identifies several challenges that hinder the effective implementation of diversion in the Class I Correctional Institution of Tangerang, as evidenced by the low number of cases that were effectively addressed through diversion compared to the total number of cases handled
Criminal Conviction of Social Workers in the Criminal Justice System Christin Novianty Panjaitan; Afriyanti Debora Tambunan; Richard Wilson Antonius; Lutfiadi Lutfiadi
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.723

Abstract

This study aims to analyze the concept of social worker sentencing policy, and to know the criminal law of social work as a solution to reduce overcapacity in Indonesian Correctional Institutions. This study uses a normative juridical method with analytical descriptive specifications. The findings showed that the current policy of imposing criminal sanctions is felt to be ineffective because every criminal who is proven and has the power of law to carry out legal proceedings in prison is still not appropriate if the weight of the crime is a minor offenses. As a solution, the imposition of criminal sanctions on social workers has been determined to be appropriate. It is necessary to have a criminal law policy so that what becomes a legal issue can be resolved effectively, likewise with the effectiveness of the provision of prison sentences, which are no longer in accordance with prison conditions, leading to an increase of 500 to 900 percent, which eliminates the duties and functions of Correctional Institutions as a coaching and protection institution for convicts. In conclusion, the policy of imposing criminal penalties on social workers is appropriate in order to reduce over capacity.
Shipwrecks of Feasibility in the Field of Investment Business Bintang Parashtheo; Akhmad Budi Cahyono
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.727

Abstract

Indonesian Valuable Objects on the Load of Sinking Ships (BMKT) have a large potential. This makes the ships buried in Indonesian territorial seas a tremendous resource. Illegal treasure hunters have targeted Indonesia's BMKT because to its great potential, causing considerable losses.  Realizing this, it is vital to pay attention to Valuable Items on the Load of Sinking Ships (BMKT) and develop rules to maximize their potential. This study aims to analyze the policies governing BMKT to support investors in participating in investing in the business sector of BMKT management and creating BMKT management that is optimal and feasible for all aspects of the values contained in the BMKT itself. The approach method used to achieve this research is an approach focused on regulations or policies (statute approach) and conceptual analysis. The result showed that there is still substantial overlap between regulations controlling BMKT, making BMKT administration feasible. In spite of this, the Economic Analysis of Law is used to explain the expansion of the legal dimension through its studies. In addition, the economic value and cultural legacy of BMKTs that cannot be appointed due to the difficulties of appointment or the impossibility of relocation may be used on-site via marine tourist activities, notably diving tourism. As such, investors who wish to participate in the business sector of BMKT management may use BMKT more properly and optimally, including local and international investors.
The Effectiveness of Implementing the Supreme Court Ordinance Number 3 of 2022 on Electronic Mediation in Courts Ardina Khoirun Nisa
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.731

Abstract

The emergence of the Pandemic in Indonesia announced in March 2020 has impacted on the restrictions preventing crowds, including the implementation of the judiciary. To overcome the issues, the Supreme Court Ordinance Number 3 of 2022 comes into existence. This study aims to find out the provisions for electronic mediation in court based on Supreme Court Ordinance Number 3 of 2022 and to investigate whether the implementation of Supreme Court Ordinance Number 3 of 2022 has been implemented properly. This study employed normative legal research methods aimed at examining the content of positive legal norms or norms containing research subjects, which are legislation and other legal materials. The results showed that the emergence of Supreme Court Ordinance Number 3 of 2022 where the implementation of electronic mediation is established with the principles of voluntary, confidential, effective, safe, and established with the principles of voluntary, confidential, effective, safe and reachable access. In line with Chapter 1 of the Supreme Court Ordinance Number 3 of 2022, electronic mediation is a way of dispute resolution through negotiation to elicit an agreement by using recent technology. Meanwhile, the Supreme Court Ordinance Number 3 of 2022 has been implemented properly in several courts, they are the Rantauprapat Religious Court, the Magelang Religious Court, the Pinrang Religious Court of Class 1A, and the leadership council of the Pekalongan Advocate Association.
Indonesia's Criminal Law Policy in Tackling Cyberbullying with a Restorative Justice Approach Muh. Takdir; Surastini Fitriasih
LEGAL BRIEF Vol. 11 No. 6 (2023): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i6.733

Abstract

The increasing number of complaints from victims of cyberbullying crimes from year to year certainly requires a criminal law policy, both through penal and non-penal efforts, which are not only repressive but also preventive. The Restorative Justice (RJ) approach is one of the possible mechanisms that can be offered in order to combat this type of crime. This study aims to explain how Indonesian criminal law regulates cyberbullying and how Restorative Justice (RJ) approach concept addresses cyberbullying. This research is normative juridical research. The legal materials used were primary legal materials taken from regulations and secondary legal materials refer to relevant writings, books or research. The data is analyzed qualitatively and the writing was organized systematically and descriptively. The results revealed that the regulation on the settlement of cyberbullying includes Article 310 paragraphs (1) and (2) of the Criminal Code, Article 311 of the Criminal Code, Article 315 of the Criminal Code, Article 27 paragraphs (3) and (4) in conjunction with Article 45 paragraph (3) and (4) Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Article 29 in conjunction with Article 45B of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law), in this article cannot be applied if the action is only in the form of a threat. Even so, the concept of restorative justice is regulated in law enforcement agencies as the implementation rules have not accommodated several types of cyberbullying crimes.
Construction Analysis of Penal Mediation and Restorative Justice on Crime Settlement in the Indonesian Criminal Justice System Andi ALif Kumullah DG. Pahare; Syamsuddin Muchtar; Muhammad Basri
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.742

Abstract

This research intends to analyze the existence of restorative justice and penal mediation in the Indonesian criminal justice system and to analyze the scope of the concept of restorative justice and penal mediation in the Indonesian criminal justice system. The research method used, normative juridical, is library law research which is carried out by examining library materials or secondary data sourced from primary, secondary, and tertiary legal materials. The research results obtained are the existence of restorative justice and penal mediation in the Indonesian Criminal Justice System. Number 11 of 2012 concerning the Juvenile Criminal Justice System. Restorative justice is a design of criminal justice that pays for the interests or needs of victims of victims, families and affected communities on the basis of the accountability of the perpetrators of criminal acts. So that it is necessary to strengthen the normative framework as a law enforcement effort from restorative justice to make law, both in a narrow formal sense and in a broad material sense, a guideline for behavior in every legal act, both by the legal subjects concerned and by law enforcement officials who are officially given the task and authority by law. Therefore, a rule that has legal certainty regarding restorative justice should be designed by a sovereign institution so that it has legal certainty. This is regulated in the 1945 Constitution of the Republic of Indonesia Article 20 paragraph (1) that "The House of Representatives Holds the Power to form Laws".
Utilization of the River for Crossing Business by Taeng Village Communities in Gowa Regency Ardiansyah Basir; Kahar Lahae; Muhammad Aswan
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.743

Abstract

The research objective to analyze permits for the use of rivers used as crossing businesses and analyze and analyze the responsibilities of ferry service managers to users of crossing services in the event of an accident. The research used the empirical legal research, is a type of of legal research that functions to be able to see the law in a real sense. Sources of data were obtained through primary and secondary sources, as well as interviewing the Head of the Pompengan Jeneberang River Basin Office, the Head of the River, Lake and Ferry Transportation Office and the Crossing Business Owner in Taeng Village. This research was then analyzed qualitatively after the data analysis was completed, the results were presented descriptively.The research result indcates that the responsibility of the manager of the ferry service to the user of the ferry service in the event of an accident has 3 responsibilities, the first is civil responsibility on the basis of acts against law, the second is the responsibility of the carrier in the event of damage resulting from the transportation and moral responsibility and legal protection provided preventive and repressive.
Effectiveness of the Merit System in Office Administration within the Sinjai District Government Erwin Darmawan; Andi Pangerang Moenta; Achmad Ruslan
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.749

Abstract

This study aims to find out and analyze the extent of the effectiveness of the implementation of the merit system in fulfilling positions within the Sinjai district government and analyze how aspects of the merit system affect the application of the merit system itself. The results of this study show that (1) the effectiveness of the implementation of the merit system has not run optimally judging from the achievement of mapping the potential and competence of employees who are still far between employees who have and have not implemented competencies. Because if it is related to the regulation of the Permenpan RB Number 38 of 2017, it is explained that employees who occupy positions must first hold a competency test to determine the eligibility of the employee to occupy the position. This is also because there are several obstacles faced in the field, namely; the presence of budget constraints; There is still a lack of understanding of civil servants; There is still a lack of interest in civil servants; Inadequate facilities and facilities; There is no Assessor Functional Officer yet. (2) Aspects of the Merit System are very influential in the process of determining an employee in a position, because in determining a person in a promotion, it is necessary to look at a person's competence, performance, and career pattern by referring to the applicable employee rules. An employee has the right to develop competencies and career clarity that supports it.

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