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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 Role of Specialized Judicial Bodies for Regional Head Elections in Election Law Enforcement Hindiawati, Wahyu
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.v13i2.988

Abstract

The complex problems of electoral justice require the need for comprehensive reconstruction of the justice system. The large number of institutions involved in the process of resolving election cases makes the integration of the electoral justice system very urgent. Moreover, Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Determination of Government Regulations in Lieu of Law Number 2014 concerning the Election of Governors, Regents and Mayors into Law has mandated the formation of a special judicial body. From the description of the problem, the problem is formulated as follows: How will the Special Regional Election Judicial Body be designed in Indonesia in the future? Meanwhile, the method used in this research is a normative legal research method, by examining Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Determination of Government Regulations in Lieu of Law Number 2014 concerning the Election of Governors, Regents and Mayor Becomes Law. The conclusion of this research is as follows: The future design of the Special Judicial Body for Regional Elections in Indonesia refers to the special judicial body specified in Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning Determination of Government Regulations in Lieu of Laws -Law Number 2014 concerning the Election of Governors, Regents and Mayors into Law Article 157 paragraph 1, as well as Article 157 paragraph (1) Law Number 8 of 2015 should be formed and remain under the auspices of the Constitutional Court on a par with other courts. both at the district or city and provincial levels. Apart from that, all regional election disputes, both process disputes and result disputes, are decided by the special Regional Election Judicial Body
Analysis of the Effectiveness of Interpersonal Communication Strategies of Shield Agents at BPJS Ketenagakerjaan Makassar Branch Office Syafranti, Yuyun
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
Implementation of the Use of Co-Branding of Yogyakarta Specialty Products and Dispute Resolution of Trademark Infringement Rights Ekasari, Rellyta Dea; Mudiparwanto, Wahyu Adi
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.v13i2.998

Abstract

Micro, small, and medium enterprises (MSMEs) are one way the government can achieve maximum economic growth. The number of established MSMEs has resulted in the emergence of many new brands, increasing the opportunity for violations. Therefore, public awareness and the role of local government in protecting MSMEs in the region are needed . In addition to adhering to the Trademark Law, the Special Region of Yogyakarta initiated an innovative regulation governing Co-Branding Jogja to protect the essence of intellectual property rights owned by MSMEs, especially trademark rights. This research uses a normative-empirical type of legal research with qualitative data analysis. The results of this study show that there are still obstacles to implementing the use of the Jogja co-branding brand. However, the government seeks to continue evaluating regulations to solve these problems. Regarding alternative dispute resolution, the government cooperates with the Regional Office of the Ministry of Law and Human Rights of Yogyakarta by facilitating complaints if the Trademark Rights holders find their trademarks used by others without permission
Unraveling the Implications of Globalization and Technology on the Political System in Global Challenges to Constitutional Law Riyadi, Heru
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 Puspitaningrum, Silvia Diah; Mudiparwanto, Wahyu adi
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
Dirty Voice: Revealing the Veil of Black Campaigns in the World of Politics in the 2024 Election Tedjokusumo, Dave David; Siswanto, Carissa Amanda; Dewantara, Yuni Putri
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.v13i2.1001

Abstract

General elections (elections) are the main pillar of democracy, giving the people the right to choose their leaders and determine the direction of the nation, but this crucial process is often polluted by practices such as black campaigns. Smear campaigns aim to bring down political opponents by spreading false information, slander and negative propaganda. This practice not only tarnishes the good names of election participants, but also damages the integrity of democracy itself. This research uses a normative juridical approach. This research focuses on three problems, the first is the impact of black campaigns on the quality of democracy and election integrity in Indonesia, especially in the documentary film Dirty Vote, the second is the legal provisions that apply regarding black campaigns in Indonesia. election regulations, and the third is preventive strategies and policies that can be implemented to reduce black campaign practices in the next election. The research results show that black campaigns have a significant negative impact on the quality of democracy and election integrity in Indonesia. This practice is a serious challenge that must be faced. Comprehensive efforts involving regulatory improvements, law enforcement, and public education are critical to combating these dirty practices and achieving quality elections
Children's Legal Protection from Violence (Bullying) In the Education System Sukmayanti, Made Sinthia
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
Duties Of The Village Head In Implementing Village Development (Case Study in Paku Alam Village, Banjar Regency) Shofia, Finka; Fitriah , Nikmah; Nofrizal , Deni; Mahendra Abdi , Muhammad
LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i3.1004

Abstract

Law Number 6 of 2014 Concerning Villages explicitly assigns tasks to the village government, namely administering government, implementing development, community development, and community empowerment based on Pancasila, the 1945 Constitution of the Republic of Indonesia, and Unity in Diversity. To find out the implementation of the village head's duties in carrying out village development in the village of Paku Alam and to know the arrangements regarding sanctions against village heads who are not optimal in carrying out village development tasks. In research this writer uses empirical research. The Head of Paku Alam Village has carried out his duties and functions as the most important element for the community in carrying out village infrastructure development based on the APBDes. Based on the results of observations it was found that there is still uneven infrastructure development. Meanwhile, legal sanctions if the village head does not carry out his duties in village development are administrative sanctions ranging from reprimand to dismissal as village head. Meanwhile, criminal sanctions are applied if there are criminal acts such as corruption, abuse of authority and other criminal acts. The Village Head has carried out his duties and functions in carrying out village development, but there is still uneven infrastructure development. There are two sanctions for village heads who do not carry out their duties, namely administrative sanctions and criminal sanctions
Transfer of Gogol Turnover Land to Freehold Land in Tuban Regency Kholik, Kholik; Warka, Made
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.v13i2.1006

Abstract

 In terms of land ownership, the conception of national land law states that land throughout Indonesia belongs to the Indonesian nation, which is also a symbol of unity for the integrity of the nation and state, therefore it cannot be bought and sold or traded, and must not be used as an object of control that causes disintegration of the nation. One of the former Indonesian land rights (customary land) that was converted into property rights is the gogolan rights. Apart from being able to be converted into ownership rights, these gogolan rights can also be converted into use rights according to the type of right that applies. Gogol land has still been assigned land status and its rights holders based on a Joint Decree (SK) of the Minister of Home Affairs and the Minister of Agrarian Affairs converted into freehold land, while Gogol land in rotation has not had a decree issued and to date has not been regulated. The research results show that land rights that existed before the enactment of the UUPA were changed to land rights stipulated in the UUPA so that now there is only one type of land ownership right. Then the transition to the UUPA was to provide legal certainty regarding land rights for the people as a whole, through land registration institutions and statutory regulations as the legal basis for its implementation. The conversion of permanent gogolan, pekulen or sanggan rights into property rights as intended in Article VII paragraph (1) of the Conversion Provisions of the Basic Agrarian Law is carried out by means of a decision letter confirming the Head of the Agrarian Inspection concerned
Procedures for Using Rental Shop Houses (Ruko) and Legal Responsibilities on PT. Kereta Api Indonesia Land Subagjo, Ichwal; Wibowo, Teguh; Wijaya Damayanti, Aurelia Wahda
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.v13i2.1007

Abstract

Currently, there is a lot of use of land assets of PT. KAI which is used for activities outside the railway. In order to achieve land use in accordance with applicable land law, appropriate and ideal policies are needed. In this research, the problems are divided into the procedures for renting shop houses (Ruko) on the land of the Indonesian Railways Limited Company (PT. KAI) and relating to legal responsibility if one of the parties violates the agreement or regulations that apply to the process of implementing a rental agreement for a Shop House (Ruko). This research is legal research with normative research methods. The results of this research show that in the shophouse rental process there are several stages that must be carried out, namely: property announcement, application submission by prospective tenants, document verification, location survey, offer and negotiation, to contract signing and initial payment. In connection with applicable legal responsibilities in accordance with the provisions of the contract and applicable law. Parties who violate may be subject to various sanctions, including fines, termination of the contract, or the obligation to compensate for losses arising from the violation. Tenants who fail to fulfill their obligations in payment, maintenance or use of the property according to the agreement can be evicted and asked to pay compensation. On the other hand, if PT KAI as the lessor fails to fulfill its obligations, such as delivering the property in proper condition or carrying out necessary maintenance, they may have to provide compensation or face legal action from the lessee

Page 64 of 93 | Total Record : 921

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