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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 893 Documents
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Child Judicial System: Islamic Criminal Law Concerning Criminal Enforcement of Children in The Court of Subang District Tuti Herawati
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The development of communication technology is one of the causes of the increase in the crime rate in children so that they are caught in criminal acts. Regarding this matter, the Indonesian government has compiled a law on juvenile justice and implemented restorative justice. Likewise with Islamic law, which regulates punishment for children. This study uses a narrative method with a qualitative approach. The purpose of this research is to find out how child crime is enforced in the justice system. The results of this study indicate that the enforcement of juvenile crime can be attempted to use diversion, but still see what cases the children do first. Not all juvenile criminal cases can be resolved by means of diversion justice.
Pancasila Democracy: Non-Systemic Legal Studies Charles Sampford Triwahyuningsih
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The ethical orientation of the ideals of Pancasila democratic law as desired by the founding fathers is contained in the Preamble of the 1945 Constitution of the Republic of Indonesia paragraph IV, a structure of the Republic of Indonesia is formed which is sovereignty of the people based on the state philosophy, namely the values of "divinity , humanity, unity, deliberation and justice ”, have not been fully implemented. The purpose of this research is to analyze Pancasila democracy concept when viewed from non-systemic law Charles Sampford.This study uses a philosophical normative approach combined with a qualitative descriptive analysis. The results show that the concept of non-systemic legal science provides an alternative to different reading models of Pancasila as a complete and holistic system, both in terms of meaning and relations. The characteristic of deliberation in Pancasila Democracy is that differences are basically aimed at finding equality, descriptively, that deliberation is allowed to remain in differences, because in essence there are differences.
The Role of Local Governments in Developing Natural and Cultural Tourism in Sukabumi District Erny Rosyanti
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Tourism activities are human activities whose mobility is driven by curiosity and enjoying tourist attractions and tourist attractions without knowing administrative boundaries. Therefore, the concept of integrated regional development can overcome and assist organizational differences between districts into a unity of regional planning and development with tourism activities in Sukabumi Regency. In this research, the method used is a qualitativedescriptive approach. Sources of data in this study come from primary data and secondary data. The data collection technique used is field research, such as observation, interviews, and library research. The analysis used by the pen is descriptive-qualitative. The research results on tourism's role in the development of tourism potential in the Sukabumi Regency are dominant as a facilitator compared to other parts. This role as a facilitator can be seen mainly in the provision of object infrastructure, which is still largely borne by the Tourism Office. Facilities for distributing stimulant fund assistance for people who want to develop a tourism object, efforts to promote tourism objects, and facilities provided to third parties such as investors and tourism entrepreneurs to develop their tourism businesses in Sukabumi Regency.
The Role of Islamic Law in the Development of the National Law System in Indonesia Ratna Riyanti
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Islamic law provides a point of view in the national legal development system in Indonesia, the paradigm of Islamic law contains 2 dimensions, namely transcendental and horizontal, these two dimensions are placed in accordance with applicable norms and laws. The results of the study state that in the effort to apply Islamic law in Indonesia, there are relevant theories of thought so that Islamic law can be applied over time, first the Formalistic-Legalistic Theory of Thought, Second the Structuralistic Thought, Third Culturalistic thinking and finally the Applicative-Substantialistic Thought Theory.
Islamic Law View Corruption as A Structured Crime (Case Study Corruption of PKH Social Assistance in Tangerang District) Tolkah
LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

Islamic law has a point of view in looking at corruption. Corruption is defined as a form of fraudulent practice by humans to get something, Islam has its definition, namely (risywah) something that is given to someone who has the power or position to help everything. Corruption of social assistance The family hope program is carried out by all levels so that it becomes a unity, recipients of bribes, givers of bribes and bribes. The purpose of this research is to see how Islamic law views corruption. This research approach uses qualitative with quantitative methods and primary and secondary data collection and uses literature related to Islamic law and corruption.
The Concept of Populist Economy based on Transcendental Law Suci Hartati
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

An economic system based on the paradigm of Pancasila values, placing people's sovereignty as the Khalifah of Allah SWT on the face of the earth, oriented towards the common good is what is meant by people's economy (economic democracy). There is a fundamental difference between the economic system in a country that adheres to liberal-capitalist democracy and socialist democracy. This people's economy is based on Pancasila and is an economy developed with a frame of spiritual values such as the value of God (Tauhid). The emergence of political investors whose interests are accommodated from the transactional system,
The Influence of Social Symptoms in Society on Legal Development Mukhidin
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Social changes that have been and are still going on have resulted in a new formulation and thinking about law and its relation to society. The interaction between law and society is a result of a law being passed. In society, they will not be separated from the social symptoms that will befall them. The existing social changes are a symptom that comes from the passing of the law. The interaction of law and society is a reciprocal effort between law and society, both individuals and groups. In the sociology of law it can be stated that all behavior that arises as a result of the existence of the law being enforced is the result of or the result of the application of the law in society. Social symptoms can arise due to deviations from the prevailing norms in society.
The Shadow of Downturn in Law Enforcement in Indonesia Sanusi
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

This writing aims to determine the extent of the downturn in law enforcement in Indonesia and the indicators of its causes, as well as whether the responsive law and Pancasila values have been implemented by law enforcement officials in law enforcement tasks. The problem of law enforcement in Indonesia leads to responsive law based on the values of Pancasila. This research is a legal research, the type of research is normative research and sociological juridical. Research using random sampling techniques with multistage sampling levels, so that variability and probability are represented to be able to find out the level of legal adversity in Indonesia and its causes indicators and how to implement responsive law and Pancasila values in law enforcement and formation in Indonesia.
Some of The Legal Implications Procedure Regulation no. 15 of 2020 Concerning Stopping Prosecution Based on Restorative Justice Yuli Indarsih
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The Attorney General Regulation Number 15 Year 2020 Regarding the Cessation of Prosecution Based on Restorative Justice (PERJA 15/2020) stipulates that a criminal case can be terminated if it fulfills certain conditions, including the settlement agreement between the victim and offender has been achieved. Principally, this regulation reflects and implements the process or mechanism of the restorative justice principles, whereby such criminal case finally will be settled through the out of court settlement. PERJA 15/2020 has some implications, among other things, to the code of criminal procedure (KUHAP), the public prosecutor's new role and responsibility acting as the facilitator for the victim and offender, as well as, the efficiency in the process and settlement of a criminal case. The current code of criminal procedure does not stipulate any provision relating to the restorative justice. Therefore, the legal ground for the public prosecutor to terminate the criminal case under PERJA 15/2020 can be found by extending the interpretation and meaning of the public prosecutor's right and authority given under KUHAP, that is, for ceasing the prosecution process and terminating a case due to legal interest reason. In this case, the out of court settlement under the restorative justice has been included in the meaning of legal interest. Due to the additional role and responsibility given to the public prosecutor under PERJA 15/2020, it is required to improve of public prosecutor's skill and knowledge as the facilitator with respect to the restorative justice process and implementation. Ideally, PERJA 15/2020 would be useful not only the efficiency of criminal case proceeding, but also the victim and offender. By recognizing the restorative justice, it is urgently required to reform the laws relating to the criminal justice system comprehensively.
Dispute Settlement Mediation Marriage Problems and Solutions Elly Lestari
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Mediation in Indonesia is regulated based on PERMA No. 1 of 2016 concerning Mediation Procedures in Courts. One of these regulations is used for mediation to resolve marital disputes. Mediation is a process of dispute resolution through the process of negotiation or consensus between the parties, assisted by a mediator who does not have the authority to decide or force a settlement. Should there be mediation at the Religious Court, dispute resolution is more towards reuniting the two conflicting parties. However, in the process of mediation in divorce cases, it was found that half of the mediation was carried out in divorce cases, and from the mediation that was carried out only a small proportion managed to make peace. So it can be said that the mediation process is still ineffective. There are many aspects that can affect the success of mediation, so there is a need for better evaluation and solutions from the relevant agencies in an effort to increase the success of mediation from the implementation of mediation, which in the end can reduce divorce cases.

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