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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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Analysis of Barriers to the Implementation of Participatory Principles in Implementing the Functions of the Village Consultative Body to Improve Mukhammad Soleh
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.948

Abstract

 The implementation of Village Government, between the Village Government and the Village Consultative Body must be carried out based on the principles of good governance. The Village Consultative Body has the function of discussing and agreeing on Draft Village Regulations with the Village Head; accommodate and channel the aspirations of the Village community; and supervising the performance of the Village Head. This research aims to analyze the factors that hinder the implementation of participatory principles in carrying out the functions of the Village Consultative Body; in Sukopuro village, Jabung District, Malang Regency. This research uses empirical juridical research methods, a sociological approach, extracting primary data through interviews and observations, while secondary data through literature study and analysis using sociological juridical analysis with the stages of data display, data reduction and drawing conclusions. The results of the research are that the factors inhibiting the implementation of participatory principles in carrying out the functions of the Village Consultative Body are internal factors: the Village Consultative Body (BPD) has not been able to accommodate the wishes of the community optimally; The quality of BPD's Human Resources (HR) is still lacking; Lack of socialization of BPD work programs. External factors: different human resources in the community; Society is less responsive to technological developments; The community is indifferent or does not care about the policies of the Village Government and the Village Consultative Body
Judge's Considerations in Land Sale and Purchase Agreements Through Absolute Power of Attorney (Case Study of Denpasar District Court Decision Number 679/Pdt.G/2021/PN Dps Achmad Murtadho; Elsa Assaris
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.950

Abstract

Civil Lawsuit Decision Number 679/Pdt.G/2021/PN.Dps which states that the Deed of Strengthening Sale and Purchase which is an Absolute Power of Attorney Deed made before a Notary is SAH and binding. This is contrary to the law of binding sale and purchase agreements which are often used by community, but the absolute power of attorney agreement in binding sale and purchase is also not specifically regulated in statutory regulations: how the judge considers the agreement to bind the sale and purchase of land through absolute power (Case Study of Denpasar District Court Decision Number 679/Pdt.G/2021/ PN Dps); This research uses a type of normative juridical research, namely research that focuses on examining the rules or norms in positive law; Civil Decision in Lawsuit Number 679/Pdt.G/2021/PN.Dps Provides legal considerations that because the payment of the land purchase price has been made in full by the buyer, the power of attorney used in PPJB Deed Number 32 and Power of Attorney to Sell Deed Number 33 cannot be categorized as a form of absolute power whose use is prohibited. Regarding PPJB which is paid in full, based on research results, this is one of the conditions that is absolutely mandatory to be fulfilled if the parties are to exercise absolute power in the Land PPJB. (Making PPJB Land which uses absolute power of attorney has also fulfilled its obligation to provide legal protection and certainty for the parties. The agreement between the parties to make an absolute power of attorney is made based on the principle of freedom of contract as regulated in Article 1338 of the Civil Code. The parties are free to arrange the agreement as they wish as long as This does not conflict with law and legislation, morals, decency, decency and religion, public interests (van openbare order. The granting of power of attorney which cannot be revoked is valid if the agreement which is the basis for the granting of power has valid legal reasons.
Human Resources Capacity Development at the Jeneponto Regency Community and Village Empowerment Office Ririn Anugrah Wahyul; Muh. Thahir Haning; Suryadi Lambali
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.951

Abstract

Human Resources capacity building is the process of improving the abilities, knowledge, skills, and attitudes of individuals and groups in an organization. The goal is to improve quality, productivity, and competitiveness in achieving certain goals. The purpose of this study was to determine and analyze Human Resource Capacity Development at the Jeneponto Regency Community and Village Empowerment Office. This research uses a type of qualitative research with a descriptive approach. Data collection techniques using observation instruments and in-depth interviews. With data analysis techniques, namely: Data condensation, Data Presentation and Conclusion Drawing. The results of this study indicate that the Jeneponto Regency Community and Village Empowerment Office should be appreciated for its continuous efforts in improving the quality of human resources through education and training, learning assignments, and promotions and awards. These efforts demonstrate the local government's commitment in realizing good and accountable village governance, as well as encouraging the progress and empowerment of village communities. With structured and sustainable efforts, the Jeneponto Regency Community and Village Empowerment Office can continue to improve the quality of human resources and realize quality, effective, and accountable village governance, for the progress and welfare of village communities
Juridical Review of Employment Agreements for Fixed and Indefinite Times from a UU Perspective No. 13 Year 2003 and UU Cipta Kerja (Case Study of the Verdict No.181/Pdt.Sus-Phi/2020/Pn.Mdn) Herman Brahmana; Monica Cita Laras Samosir; Dina Ariani L. Tobing; Joyce Shania Silaban
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

There are two types of employment agreement formation, namely PKWTT and PKWT. However, in its application, PKWT by companies has several things that are contrary to the regulations in the Employment Law and work agreements, therefore regulations related to employment are still hampered by various problems, obstacles and challenges that need to be faced and require a resolution process through the courts. In this case, normative juridical research methods are used in this research. Primary, secondary and tertiary legal materials are used as research legal materials. The employment relationship between employers and workers is based on a work agreement which is based on Law Number 13 of 2003 concerning Employment and the Job Creation Law
Legal Aspects of Copyright on Book Photocopying Business Activities Debora Debora; Haposan Siallagan; Jesella Ramayanti Nainggolan
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.956

Abstract

Photocopied books are sold at much cheaper prices than original books. These pirated books are very popular with college students because of their affordable prices without thinking about the authenticity of the book. Books are objects of Copyright which are protected by law, therefore the author of the book as the creator and/or holder of Copyright for the work of the book has exclusive rights, namely the right to monopolize his creation in an effort to protect his creation from other parties, such as the right to publish and multiplying his creations or giving permission to other parties to gain economic benefits. Even though copyright is an individual right, there are certain limits regarding public authority to provide access to information for society at large. This article examines how copyright is limited in duplicating books for educational purposes and how UUHC enforces book duplication without the author's permission. The method used to study this problem is the normative research method. Based on the results of the study, it can be concluded. Copyright restrictions can be made as long as they do not conflict with morals, religion, public order, decency, national defense and security. The Copyright Law contains restrictions on Copyright related to education as stated in Article 44 jo. Article 86 wherein stating the specified source, or the obligation of the copyright holder concerned to give permission to another party to translate and/or reproduce the work or can also appoint another party to carry out the translation/reproduction of the work. This is done for creations in the fields of education and research. Law enforcement regarding Copyright violations can be resolved through civil dispute resolution and criminal prosecution
Legal Protection For The Tapian Dolok Community Against The Negative Impact Of The Construction Of The Tebing Tinggi-Sinaksak Toll Road Se-tion Destia Azzahra; Khalid Khalid
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.957

Abstract

In order to realize equitable national development, the government is aggressively building infrastructure in Indonesia. One of the infrastructure developments is the construction of toll roads. The purpose of this research is to provide legal protection for the Tapian Dolok community against the negative impact of the Tebing Tinggi-Sinaksak toll road construction. This research is a type of qualitative research that uses an empirical juridical legal approach. Data sources were obtained by interviewing several sources and analyzed with existing legal regulations. The results showed that there were many positive impacts that could be felt from the construction of this toll road. However, there were also people who experienced negative impacts from the construction of this toll road such as clogging of waterways resulting in flooding, some road structures were damaged due to large vehicles transporting toll road construction needs such as; building raw materials and building construction tools. Then, some MSME traders lost buyers
Customer Data Protection by Bank Rakyat Indonesia is Reviewed by Law Number 27 of 2022 Concerning Personal Data Della Gatiko Negoro; Gunawan Hadi Purwanto
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.958

Abstract

This research aims to determine the suitability of Bank Rakyat Indonesia's form of personal data protection for customers in accordance with Law Number 27 of 2022 concerning Personal Data Protection. Individuals and community groups take advantage of the lack of boundaries between public space and privacy to operate and seek profits via the Internet, giving birth to a phenomenon known as cybercrime, one of which is the violation and theft of personal information. The research method used is normative-empirical legal research. Data sources come from primary legal materials and secondary legal materials. Qualitative data analysis techniques are presented descriptively. The result is that the right to privacy is part of human rights which is specifically protected by the Personal Data Protection Law no. 27 of 2022 as a response to developments in technology, information and communication. The aim of enacting the Personal Data Protection Law Number 27 of 2022 is to protect and guarantee the basic rights of citizens in protecting the privacy of personal data. Then, the substantive framework of the Personal Data Protection Law Number 27 of 2022 is also in line with the right to privacy and the values ??contained in the philosophy of Indonesian society. Law Number 27 of 2022 concerning Personal Data Protection is expected to guarantee comprehensive protection and prevent illegal activities against the personal data of Indonesian citizens
Legal Protection for Paylater Organizers in Bad Credit Using the Peer To Peer (P2p) Lending System Siti Ayu Asiyah; Hanin Alya'Labibah
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.959

Abstract

Peer to Peer(p2p) lending is an online loan system in the financial services sector between loan recipients and lenders so that this system presents a pay later method which is the result of financial technology (fintech) in the financial services sector. The peer to peer (P2P) lending and borrowing process using the paylater method, even though it is done online, may result in legal consequences. The aim of this research is to find out how paylater credit is regulated using the peer to peer (p2p) lending system in society and to understand the legal protection that occurs if debtors face default or bad credit. The method used in this research is normative legal research using a statutory approach and a conceptual approach. The results of this research are that the legal protection that can be obtained by debtors is by using preventive and repressive legal protection, where later in this protection there are several stages of resolution that can be taken
Analysis of strengthening the traditional system of village head elections viewed from the democratic aspect Abdul Muammar Imran; Hayat Hayat; Hirzhi Andza
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.960

Abstract

This research tries to look again at the government system through the Lamahala Adonara Custom of East Flores. This shows that even though Lamahala Jaya is covered by binding customary rules, traditional stakeholders and the community still respect the implementation of democracy in Indonesia. Lamahala Jaya as one of the traditional villages in Indonesia has become a tradition passed down from generation to generation that in carrying out the wheels of power so that they continue to follow the inherited customary system. The aim of this research is to find out the common ground that occurs in the implementation of democracy adopted by Indonesia based on the rules of the Constitution and the rules of the customary system that applies in Lamahala Jaya Village. This research uses a qualitative approach because it can directly create a more sensitive relationship between researchers and informants. The process of selecting the Village Head in Lamahala Jaya Village, East Adonara District, East Flores Regency began with the formation of a committee by the Bela Tribe of Telo whose members came from Kapitan Pulo and Pegawe Lema, followed by the election of the Village Head with the criteria of being devoted to God Almighty, knowing history, coming from from the Bela Telo tribe, wise, fair, honest and humane
Implementation of Marketing Communication Strategy at Moju Moju Caffee & Tea by Utilizing Instagram as a Promotional Media Candra Ananda Pratama; Budi Santoso
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.965

Abstract

The development of coffee shops is trending and mushrooming, giving rise to tight business competition, therefore it is necessary to implement marketing communication strategies in developing and expanding market share. A marketing communication strategy is very necessary so that communication can be delivered accurately and effectively and can form awareness of customers or the general public in accordance with the goals to be achieved. The aim of this research is to find out how to implement marketing communication strategies on the Instagram account @mojumojuid in order to attract potential customers by utilizing the features available on the Instagram application to promote their products. This research uses descriptive qualitative methods through structured interview methods in collecting research data. There were eight respondents including one quality control, two baristas, and five customers around the Surakarta City area to obtain information and data in this research. The variable or theory used in the title of this research is an online marketing communication strategy with a communication mix approach based on advertising, sales promotion, events & experiences, public relations and publicity. ), direct marketing, interactive marketing, word of mouth promotion, personal selling and this theory can influence consumer decisions in using products

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