cover
Contact Name
HENGKI TAMANDO
Contact Email
hengki_tamando@yahoo.com
Phone
+6281260574554
Journal Mail Official
legalbrief@isha.or.id
Editorial Address
Romeby Lestari Housing Complex Block C Number C14, North Sumatra, Indonesia
Location
Unknown,
Unknown
INDONESIA
LEGAL BRIEF
Published by Ihsa Institute
ISSN : 1979522X     EISSN : 27224643     DOI : -
Core Subject : Social,
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
Evaluation of Legal and Policy Issues in Consumer Protection in Indonesian Fintech Transactions Yuyut Prayuti
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.v13i2.985

Abstract

Indonesia's fintech industry has grown rapidly, with transactions reaching more than IDR 15 trillion by 2023, but this growth has also brought significant challenges such as fraud and data leaks that highlight weaknesses in consumer protection. Regulations such as OJK Regulation No. 77/POJK.01/2016 and Government Regulation No. 71 of 2019 have been implemented to balance innovation and consumer protection, but still require further evaluation for their adequacy. The study aims to assess the effectiveness of these regulations in identifying, preventing, and addressing fraud and privacy violations, as well as supporting the continued growth of the fintech industry. Using juridical-normative methodology with statutory, comparative, and conceptual approaches, this study seeks to map weaknesses in the existing legal framework and propose possible improvements. The results of this study are expected to provide practical recommendations to strengthen fintech regulation in Indonesia, support the growth of the digital economy while protecting consumer rights
The existence of arbitration verdict cancellation efforts regarding final and binding characteristics Noer Dini Camelia; Lutfiadi Lutfiadi; Febrina Heryanti; Win Yuli Wardani; Agustri Purwandi
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

Abstract

The arbitration verdict must include a verdict implementation period. It is based on the arbitration verdict characteristics based on Article 60 AADR LAW (Law on Arbitration and Alternative Dispute Resolution), namely that an arbitration verdict is final, has permanent legal force, and is binding on both parties; therefore, the legal consequences do not only apply to the parties who are arbiter but also arbitration verdicts cannot be further tested for legal consequences by other institutions. However, the provisions of Article 60 AADR LAW are followed by the provisions of Article 70 AADR LAW, which allows for arbitration verdict cancellation by the District Court as in Article 71 AADR LAW. Hence, this research aims to determine the binding power of an arbitration verdict and the District Court’s authority in canceling an arbitration verdict. The research methodology was normative research with statutory and conceptual approaches. The research results stated that efforts to cancel the arbitration verdict by the District Court had implications for the loss of the final and binding characteristics of the arbitration verdict. Efforts to cancel the arbitration verdict required to reconsider its existence
Questioning the Protection of President’s Dignity in the New Criminal Code Adi Gunawan; Suhaimi Suhaimi; Adriana Pakendek; Gatot Subroto
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.v13i2.987

Abstract

Protecting the president’s dignity in law is not a new thing that has received much controversy from the public, even in the realm of the international state. Even in Indonesia, this article was annulled by the Constitutional Court. Nevertheless, the new Criminal Code has been reinforced, resulting in many pros and cons from the public. Therefore, this research discussed why the article on protecting the president’s dignity was reinserted in the New Criminal Code. This research was normative legal research, while the data source consisted of secondary data, with primary and secondary legal materials such as books, scientific journals, papers, and scientific articles. The data collection process was done through library research using qualitative data analysis. This research used a conceptual approach and studies related to statutory regulations. The research found that protecting the president’s dignity is essential for ordinary people in general. However, in the constitutional realm, a president is an interpretation of the State representing all citizens. Therefore, it is highly justified if this article is reactivated. Apart from that, if this article is not included in the new Criminal Code, it can potentially cause subsociality in public
Analysis of the Effectiveness of Interpersonal Communication Strategies of Shield Agents at BPJS Ketenagakerjaan Makassar Branch Office Yuyun Syafranti
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.v13i2.997

Abstract

The aim of this research is to analyze the effectiveness of interpersonal strategies of shield agents, as well as to analyze whether or not the implementation of interpersonal strategies is effective using the AIDDA method, namely Attention (attention), Interest (interest), Desire (Desire), Decision (Decision) and Action (action or activity). ) in increasing the number of participants at BPJS Employment Makassar Branch office. Data were collected through observation and conducting interviews with informants, namely leaders, staff and participants of BPJS Employment Makassar Branch office. The data analysis technique uses descriptive analysis and uses data reduction, data display, and data description. The results of the research show that the interpersonal strategy carried out by agents using the AIDDA strategy has been effective, where the shield agent is able to attract attention and arouse participants' interest through an emotional approach and intensive socialization. Apart from that, it is also effective in arousing the desires of potential participants so that it influences decisions by taking action for participants according to the shield agent's expectations by becoming a participant in one of the programs offered by BPJS Employment Makassar Branch office
Unraveling the Implications of Globalization and Technology on the Political System in Global Challenges to Constitutional Law Heru Riyadi
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.v13i2.999

Abstract

Globalization and technology have become two dominant forces that have significantly changed the political and constitutional legal landscape throughout the world. This research uses a qualitative approach and descriptive analysis to discuss the impact of globalization and technology on the political system in global challenges to constitutional law. This approach allows researchers to gain a deep understanding of the complexity of the interactions between the two phenomena, while descriptive analysis is used to describe the research findings in detail. Data was collected through literature studies and direct observation of political phenomena and constitutional law that occurred in various countries. The research results found that globalization and technology have significantly changed the political and constitutional legal landscape throughout the world. Globalization not only has an impact on economic aspects, but also includes interrelated political and cultural aspects. Advances in information and communications technology, such as the internet and social media, have accelerated political participation, increased government transparency, and influenced the function of constitutional law. To overcome these challenges, a deep understanding of constitutional principles, the rule of law, and public participation is essential. By understanding the implications of globalization and technology on the political system, it is hoped that effective strategies can be developed to maintain the integrity of constitutional law in facing the ever-growing dynamics of global change
Implementation of Agricultural Land Protection Policy on The Transfer of Functions And Food Security Efforts in The Special Region of Yogyakarta Silvia Diah Puspitaningrum; Wahyu adi Mudiparwanto
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.v13i2.1000

Abstract

The shrinking of agricultural land is felt in the Special Region of Yogyakarta, where agricultural land is shrinking, and causing food security in Yogyakarta to be threatened. The efforts made by the government by issuing several policies are felt to have not provided a way. This study aims to provide an overview of the implementation of ineffective regional policies, and food security efforts for Yogyakarta. The data obtained in this study came from news sources, journals, and interviews. The data obtained is classified according to the formulation of the problem, then processed with qualitative descriptive analysis, so that the results are obtained in the form of a systematic review until the final results are obtained in the form of conclusions and suggestions. The approach in this study uses a legislative approach, which is in accordance with the regulations regarding the Agricultural Land Protection Policy. Then the Conceptual approach which refers to the application of legal concepts and law enforcement principles regarding the implementation of agricultural land protection policies. The results of this study show that the implementation of the policy is still ineffective, and other efforts are needed to maintain pagan resilience in Yogyakarta
Children's Legal Protection from Violence (Bullying) In the Education System Made Sinthia Sukmayanti
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.v13i2.1002

Abstract

Currently, there is a lot of aggressive and pressing behavior, either in the form of direct physical action and/or verbal attacks or so-called bullying, occurring in the educational environment from the most basic to the tertiary level, necessitating legal protection efforts for children who are victims of bullying. This study was conducted to determine and assess how legal protection children as victims are bullied under the Child Protection Law. This study employs normative research approaches, using both a statutory and conceptual approach. The results of this study indicate that children have a right to protection from bullying. Article 80 and Article 76C of the Child Protection Law stipulate that sexual offenses and iolence committed by educators, education professionals, fellow students, and/or other parties are prohibited in educational units and will result in punishments
Some legal issues about bank guarantee to protect buyer's rights in buying and selling transactions of future conforming houses Thanh , Le Minh
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.v13i2.938

Abstract

In the context of strong development of the real estate market and technology, the application of guarantees in future housing transactions is becoming an important trend. Guarantees not only help increase transparency and safety for participating parties but also ensure fairness and protect the interests of buyers and sellers. With guarantee relationships in future housing sales transactions as a form of title insurance to protect property owners and home buyers from financial losses due to defects or issues related to property ownership. The article uses the method of analyzing written law, accessing secondary documents through Vietnamese practice on guarantees in future housing sales transactions and warning about some risks to protect rights. The buyer's benefits in the transaction of buying and selling houses to be formed in the future.
Legal Aspects of Copyright on Book Photocopying Business Activities Debora, Debora; Siallagan, Haposan; Nainggolan, Jesella Ramayanti
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 Azzahra, Destia; 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

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