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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 Influencer Communication Strategies in Building Investment Awareness on Social Media Platforms Antania Hanjani Nugraheni; Yanti Haryanti
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.v13i2.966

Abstract

The phenomenon of digital asset investment emerged in the midst of the ongoing pandemic, one of which is investing in crypto coins. This research aims to identify and find out how effective influencer communication strategies on social media platforms are in building investment awareness. This research uses descriptive qualitative research methods. The results of this research are First, the communication strategy used by influencers with (1) influencers providing direction that investment is a good and beneficial thing. (2) the influencers who are followed have an educational background that is suitable as a financial planner who is an expert in their field (3) The number of influencers who contribute and persuade the general public from all economies and the messages conveyed are quite informative (4) starting to provide an understanding of investment through social media (5) ) Providing education regarding decisions to increase literacy regarding investment, especially trading. Second, the communication strategy used by influencers on social media platforms is effective because the influencer has the appropriate educational background as a financial planner who is an expert in their field
The Use of Audio Visual Learning Media for Trainees at the Balai Besar Pelatihan Kesehatan (BBPK) Makassar Maryam Maryam; Tuti Bahfiarti; Muliadi Mau
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.v13i2.968

Abstract

Communication plays an important role in the world of education, this research will discuss the training aspect. Communication facilitates the exchange of information between educators and trainees to achieve learning goals. One of the factors that contributes to the effectiveness of communication in the teaching and learning process is the use of learning media. This media is used as a means to convey messages from educators (communicators) to training participants (audience). This research aims to evaluate the extent of use of audio-visual learning media by training participants at BBPK Makassar. The research method used is a quantitative approach with descriptive statistical analysis to describe and summarize statistical data. The research results show that the majority of participants predominantly use audio-visual learning media in the high category, namely 62.9% of the total number, while in the medium category with an assessment of 36.5% and the remaining 0.6% in the low category. This research also displays tabulated data on the use of audio-visual learning media by training participants based on various factors, such as gender, age, length of service, highest level of education, agency of origin, type of job/profession, learning style, and training methods.
Bajo Fishing Tradition: Implications and Conformity with UNCLOS in the Context of Protecting Traditional Fishermen's Rights Hengki Hengki; Agrifin Bernadeth Criemen Lokovettor; Rian Nugraha Anwar
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.v13i2.969

Abstract

This research explores the dynamics of interaction between the traditional fishing practices of the Bajo tribe in Indonesia and international regulations covered by the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The Bajo tribe, known for their maritime life and sustainable approach to fishing, facing new challenges in the era of globalization and environmental change. Although UNCLOS aims to regulate the use of the sea and its natural resources globally, the absence of a clear definition of traditional fishing rights causes uncertainty in Bajo practices. This research uses normative juridical methods to examine how the Bajo tribe adapts to UNCLOS provisions while maintaining their fishing traditions. The research results show that the Bajo tribe has attempted to adopt new practices such as mariculture to overcome restrictions posed by modern regulations. However, the shift away from traditional methods sometimes leads to environmentally damaging practices. This study suggests the need for a more inclusive legal framework that integrates local wisdom in international regulations, to recognize and protect the traditional rights of the Bajo tribe, thereby enabling them to maintain their way of life without threatening the marine ecosystem. This research provides insight for policy makers and stakeholders in navigating between cultural preservation and environmental sustainability in a global context
Legal Protection for Auction Buyers Who Are Disadvantaged Regarding the Validity of the Auction Deed Attended by Online Auction Officials (E-Auction) Safa Luthfia Gumilang; Not. Ranti Fauza Mayana; Amelia Cahyadini
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.v13i2.970

Abstract

This research aims to investigate legal protection for auction buyers who experience losses related to the validity of the relaas deed attended by online auction officials (e-auction). This research uses a normative legal approach Legislative Approach (Statute Approach) and Conceptual Approach (Conceptual Approach). This legislative approach is carried out by reviewing the laws and regulations that regulate the Auction implementation regulations. The research results show that legal certainty regarding the validity of the auction deed attended by online auction officials (e-auction) is very important to ensure that the auction meets the established principles, such as openness, competition, fairness, legal certainty and accountability. This is in line with the mandate of PMK 213/2020. The auction minutes prepared by the auction official are authentic deeds that reflect the implementation of the auction. Legal protection for auction buyers who suffer losses related to the validity of the relaas deed attended by online auction officials includes provisions in the Civil Code, PMK 213/2020, as well as other related regulations. Auction officials, both in Class I and Class II, have the authority stipulated by law to carry out auctions and prepare Auction Minutes as proof of the validity of the auction.
Arrangement of Blockchain Technology as an Effort to Prevent Payment Fraud via the Indonesian Standard Quick Response Code (Qris) Performed by Consumers in Electronic Transactions Abel Yehud Silalahi; Adlia Nur Zhafarina
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.v13i2.972

Abstract

This research discusses the use of blockchain technology as a solution to reduce the risk of fraud in electronic transactions using QRIS in Indonesia. With the development of information technology, cybercrime such as online fraud is increasing. However, existing regulations have not fully addressed this problem. The research method used is normative-empirical legal research, which combines literature study and interviews with QRIS users. The results show the need for better legal protection to protect consumers from fake QRIS and system vulnerabilities. The findings highlight that blockchain technology provides advantages in creating unparalleled transparency and security in electronic transactions, thus providing an effective solution in reducing the risk of fraud. Interviews with QRIS users also revealed their challenges and expectations regarding the use of QRIS, emphasizing the importance of public education on the correct use of QRIS as well as proactive law enforcement. This shows the importance of further exploration to create a fair digital transaction environment for consumers and businesses, as well as emphasizing cooperation between the government, regulatory agencies, and industry players in improving legal protection and public education regarding QRIS
Juridical Analysis of the 2024 Simultaneous Regional Elections in Realizing Regional Autonomy in Indonesia M. Nassir Agustiawa; Dian Samudra; Mohammad Hifni
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.v13i2.975

Abstract

The 2024 simultaneous regional elections are an important moment in the consolidation of democracy and regional autonomy in Indonesia. The election of regional heads and deputy regional heads directly, generally, freely, secretly, and honestly (Luberjurdil) is expected to be able to produce qualified leaders and be able to realize effective and efficient regional autonomy.The purpose of the research is to juridically analyze the implementation of the 2024 simultaneous regional elections in the context of realizing regional autonomy in Indonesia. This research method uses normative legal research methods with doctrinal and conceptual approaches. Primary data is obtained from legislation, secondary legal materials, and the results of previous research. Secondary data is processed and analyzed by means of interpretation and comparison. The results showed that the organization of the 2024 simultaneous regional elections has a strong legal basis, namely Law Number 23 of 2014 concerning Regional Government. The implementation of the 2024 simultaneous regional elections is an important step in realizing regional autonomy in Indonesia
The Urgency of the Indonesian Doctors Association in Providing Recommendations for Doctors' Practice Licenses (Law No. 29 of 2004 and Law No. 17 of 2023 Galang Liwandika; Rizka Rizka; Siti Soekiswati
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.v13i2.976

Abstract

Medical practice is a series of activities carried out by doctors and dentists on patients as part of their medical practice. When practicing medicine, a doctor who practices medicine or provides medical services must meet the requirements set by the government. All doctors and dentists who practice medicine must have a Practice License. New doctors can practice if they already have STR and SIP. This research aims to analyze the urgency of IDI's role in providing recommendations for registration of medical practice permits and its legal aspects. This research uses normative research. The results of this research explain that there are differences in SIP registration for doctors, namely: In Law no. 29 of 2004 IDI has a role and authority in providing recommendations. Meanwhile, Law No. 17 of 2023 states that registration of a doctor's SIP no longer requires a doctor's recommendation but only an STR and place of practice. The elimination of IDI's authority as a professional organization for doctors means that IDI loses its role in supervising the development and improvement of the quality of doctors to ensure that doctors who have SIP are doctors who are competent in their field
A Juridical Analysis of Intellectual Property Rights as Fiduciary Guarantees in Banking Institutions Asma Karim
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.v13i2.977

Abstract

This study aims to find out and analyze the mechanism for assessing intellectual property rights as fiduciary guarantees in banking institutions and the mechanism for implementing the execution of intellectual property if the debtor defaults. The results showed that the mechanism for assessing intellectual property rights as fiduciary guarantees in banking institutions involves several requirements, namely: first, sub-mission of applications for intellectual trust-based financing to financial or banking in-stitutions by completing the following requirements: Financing proposals, having a creative economy business; Have an engagement related to creative economy IP; have a registration letter or IP certificate. Second: bank financial institutions or non-bank fi-nancial institutions in providing intellectual property-based financing carry out: verifi-cation of creative economy businesses; verification of registration letters or intellectual property certificates that are used as collateral that can be executed in the event of a dispute or non-dispute; valuation of intellectual property used as collateral; disburse-ment of funds to creative economy actors; and receipt of financing returns from Crea-tive Economy Actors in accordance with the agreement
Analysis of Indonesia's Constitutional System in Overcoming The Lame Duck Session Period After The General Election (Case Study: Legislation Productivity of Legislative Institution in Indonesia) Muhammad Ulil Absor; Muhammad Zaki Mubarrak
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.v13i2.981

Abstract

This study discusses specifically about the Lame Duck Session period that occurred in Indonesia, Lame Duck can be said to be a situation where officials who are not re-elected but still sit in office until new officials are sworn in, the phenomenon arises because of a long time lag between polling day to inauguration day. this research aims to find out and analyze specific rules, as well as the political strategy of state law in overcoming and controlling the Lame Duck Session after the general election. The method used in this research is a type of normative legal research with a statutory approach and comparative legal sourced from secondary data, literature data by being analyzed qualitatively. The urgency of legal regulation regarding Lame Duck Session in Indonesia needs to be regulated, especially in the constitution of the 1945 Constitution, this is because there is no clear regulation compared to several other countries that have been contained in the highest constitution. However, in the constitutional system, not only law but politics or power is also an important instrument in the formation and exploration of law, especially in the constitutional law system to overcome a phenomenon such as the Lame Duck Session
Limiting the age for candidates of public officials viewed by human rights and moral perspective Lutfiadi Lutfiadi; Noer Dini Camelia; Win Yuli Wardani; Febrina Heryanti; Sapto Wahyono
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.v13i2.982

Abstract

Elections are a key requirement of a democratic state. Democracies uphold human rights. There are human rights that can be restricted and Elections are a key requirement of a democratic state. Democracies uphold human rights. There are human rights that can be restricted and those that cannot. The right to be elected and to vote in public office is a human right that can be restricted by the state, but the restriction must be based on reasons that are in line with morality. This research aims to understand whether restrictions on the right to be elected and to vote based on age are in line with the law and morals or vice versa. This research is normative legal research that focuses on the problem of legal norms at the level of positive law, legal theories, and principles. The approaches used are legislation, literature review, conceptual approaches. The result is that all forms of restrictions on the community to participate in state life are restrictions on human rights. Restrictions on human rights are a violation of moral values. The conclusion is that a democratic state should not limit a person's right to vote and elect. The state should leave it entirely up to the people, whether they want to vote for that person or not. The Constitutional Court should not create new norms, the Constitutional Court should only have the authority to declare a certain legal norm contrary to the 1945 Constitution or not

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