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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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Implementation of Affirmative Action for Persons with Disabilities in Recruitment of Election Organizers Chabibullah, Moch
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.v13i2.1009

Abstract

Discriminatory treatment of people with disabilities is an example of a human rights violation. They have the same right to get the accessibility support needed to support the participation of people with disabilities in various aspects of life. To change existing problems, the first step is to change the perspective towards people with disabilities. Affirmative action is the most appropriate weapon to fight acts of discrimination. Disrespectful treatment needs to be provided with concrete evidence by people with disabilities. Providing a real portion like women is an action that is currently needed by people with disabilities in order to balance an advanced society and pay attention to the mandate of the law that equality in the law is something that must be recognized and urgently realized. Fulfillment of the political rights of persons with disabilities is very clearly written in Law Number 8 of 2016 concerning Persons with Disabilities, this law becomes a more special norm (Lex Specialist), even defeating Law Number 7 of 2017 concerning General Elections (Lex Generalis ). The legal rules state that "special norms are able to trump general norms", so that in this case people with disabilities are said to be entitled to political rights, which means the right to be elected to public office and become election organizers in accordance with the mandate of the law. Affirmative action needs to be carried out to strengthen political participation among people with disabilities to be able to fill positions in election organizers by establishing a minimum disability representation of 2 percent of the total composition of election organizers at all levels, from the provincial level down
The Film Dirty Vote from Roland Barthes' Perspective Yulianto, Hermawan
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.v13i3.1010

Abstract

Dirty Vote is a documentary film that will appear ahead of the 2024 General Election. The aim of this study is to understand the descriptive nature of the documentary film Dirty Vote in depth using the concept of Roland Barthes' Semiotics with three aspects, namely denotation, connotation and myth. The data source for this study is watching the documentary film Dirty Vote which was uploaded directly from the YouTube Center for Indonesian Law and Policy Studies. The method used is a qualitative content analysis study which emphasizes discourse analysis. The results of this study found that the documentary film Dirty Vote has relevance to Roland Barthes' concept of semiotics, where in the documentary film Dirty Vote there are explicit words, words, signs or symbols, and implied images and hopes for something that has not happened from several words, signs or symbols and images
Notary legal protection against violations of the code of ethics in carrying out the professione Quthney, Bilmar Ndaru; Tri Widodo, Gatut Hendro; Rivandi Widjajaatmadja, Dhody Ananta
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.v13i3.1011

Abstract

The existence of an act, agreement, stipulation from a Notarial Deed which has full evidentiary force aims to avoid disputes but actually causes the Notary to receive a written warning sanction by the Notary Regional Supervisory Council of the Special Capital Region of Jakarta Province which arises due to disputes between the parties facing it. Qualitative normative juridical research methods Constitution of 1945, Law Number 5 of 1986 concerning State Administrative Courts, Law Number 13 of 1999 concerning Human Rights (HAM), Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions, Civil Code and decision Number 190/G/2020/PTUN.JKT, decision Number 99/B/2021/PT.TUN.JKT, and decision Number 13K/TUN/2022. Notaries implement a code of ethics and legal protection for alleged violations of the Notary's code of ethics Drs. Gunawan Tedjo, S.H., M.H. because he did not provide a copy of Deed Number 50 Sale and Purchase of Receivables and Notarial Deed Number Cessie by not disseminating the contents of the Deed to the parties who had no interest in the Deed. In order to obtain legal protection for not being able to freely carry out the Notary profession and the decline in public trust in Drs. Gunawan Tedjo, S.H., M.H. as a person whose interests are harmed by filing a lawsuit with the competent court, the State Administrative Decree Number: 05/PTS/Mj.PWN.Prov.DKIJakarta /IX/2020 becomes null and void.
Analysis of Barriers to Village Consultation Boards in Following up Village Community Aspirations for Democracy Soleh, Mukhammad
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.v13i3.1013

Abstract

Law Number 6 of 2014 concerning Villages states that the Village Consultative Body has the following functions: "a. discussing and agreeing on the Draft Village Regulation with the Village Head; b. accommodating and channeling the aspirations of the village community, and c. supervising the performance of the Village Head". Examine and evaluate the barriers that prevent the Village Consultative Body from carrying out its duties in a way that accommodates and directs the aspirations of the village community. Asrikaton Village, District, Malang Regency, was the research site for the empirical legal research method. The Village Head, Village Secretary, Chairman and Secretary of the Village Consultative Body, and Hamlet's Head are the sources of information. The results of the study found that the factors inhibiting the implementation of the functions of the Village Consultative Body in following up on the aspirations of the village community. a). Lack of intellectual qualities of personnel members of the Village Consultative Body. b). Members of the Village Consultative Council, busy with their lives in other jobs, work occupied before becoming a member of the Village Consultative Body. c). Operational budget support and infrastructure facilities from the Asrikaton Village Government are inadequate and minimal
Analysis of the Regent's Leadership Style in Improving the Performance of Civil Servants in Tana Toraja District Suhad, Rudy Irwan; Ibrahim, Muhammad Akmal; Abdullah, Muhammad Tang
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.v13i3.1014

Abstract

 As a Motivator within each Local Government organisation, the Regent has a reliable ability to carry out management functions. The Regent as a coach, activator, director of potentials as well as a booster of ASN work enthusiasm in local government organisations in order to achieve organisational goals.  The Regent's Leadership Style will always affect ASN Performance where ASN is an important element in the success dimension of participatory, responsive and accountable regional autonomy, more independent in accordance with the principles of good governance. Each Tana Toraja Regent's style has a dominant role in each period. The research themed Analysis of the Regent's Leadership Style in Improving ASN Performance in Tana Toraja Regency, was designed with a Qualitative method to describe the phenomenon of the Regent's distinctive leadership style and how it impacts ASN performance. The locus of this research, carried out at the Regional Government of Tana Toraja Regency where the researcher is the key instrument, making actual and purposive observations and conducting interviews with informants who are considered objective and relevant. The results of this research show that in each leadership period led by 2 different Regents, there are types of situational leadership styles where there are 3 different styles, namely Bureaucratic Participatory Style, Patrenealistic Leadership Style and Decmocratic Participatory Style
PTSL Policy Analysis from the Perspective of Legal Certainty, Justice and Benefits: Challenges and Opportunities Srinadi, Ni Gusti Ayu Made; Wijaya, I Ketut Kasta Arya; Sukadana, I Ketut
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.v13i3.1015

Abstract

Legal certainty, fairness, and community benefits are the goals of Indonesia's Complete Systematic Land Registration Program (PTSL), which seeks to streamline and simplify the land registration process. The purpose of this study is to examine the PTSL policy and its execution in order to draw conclusions about the program's strengths and weaknesses in terms of its ability to provide legal certainty, fairness, and advantages. This study delves into the effects of PTSL on several parts of Indonesian agricultural legislation using a qualitative method with normative analysis. Although PTSL has improved access to land rights and legal clarity, the study found that indigenous peoples' rights, conflict resolution, and equitable benefit sharing remain major obstacles. In order to maximize the effectiveness of PTSL implementation, this study suggests three main strategies: enhancing regulatory frameworks, empowering communities, and strengthening the ability to implement
Law Enforcement Against Police Officers as Perpetrators of Online Gambling Crimes Pane, Musa Darwin; Mendisa, Karlina; Putri, Latiffa Rojikin
LEGAL BRIEF Vol. 13 No. 4 (2024): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i4.1018

Abstract

Law enforcement against police officers involved in online gambling crimes is a serious issue in Indonesia. Several police officers are involved in online gambling practices, damaging the image of the police institution and reducing public trust. This research uses normative juridical methods with a conceptual approach to identify factors that influence the involvement of police officers in online gambling. These factors include financial stress, easy access to online gambling platforms, environmental influences, and lack of internal oversight. Law enforcement efforts are carried out through internal investigations, investigations, and penal action by implementing sanctions such as dishonorable discharge, transfers in the form of demotions, postponement of promotions, and postponement of education. However, law enforcement against online gambling is still difficult due to developments in information technology used by perpetrators. Increased internal monitoring, awareness and education, implementation of strict sanctions, cross-sector collaboration, and use of technology are needed to overcome this problem. Law enforcement against police officers involved in online gambling is important to maintain the integrity of the police institution and build public trust in law enforcement agencies
The Geoeconomics Analysis of the Digital Currency Law in El Salvador Yuliana, Lidia Eka; Iswardhana, Muhammad Ridha
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.v13i3.1019

Abstract

 The exclusive reliance of El Salvador is on the utilization of US Dollars for its day-to-day financial transactions. The review conducted in this research adopts geoeconomics of analysis to delve into the policy implications of integrating digital currency in El Salvador. This nation being the pioneer in embracing digital-based currency as an official medium of exchange, operates as local currency at present. The methodology employed in this research involves a qualitative-descriptive approach coupled with the collection of secondary data. The findings of this study indicate that the utilization of digital currency presents a dual nature due to its volatile characteristics, encompassing numerous advantages as well as disadvantages. Owing to the resolute implementation right from the beginning, the initiative undertaken by El Salvador poses both advantages and risks with regard to the legalization policy concerning digital currency
DPMD Communication Strategy to Improve the Performance of Village Of-ficials in Enrekang Regency Zain, Sukmawati; Unde, Andi Alimuddin; Akbar, 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.v13i3.1024

Abstract

The limited quality and performance of village officials is one of the sources of problems that arise in the Village Government in managing village funds. The research was conducted with the aim of exploring and describing the communication strategy applied by DPMD as a village monitor and coach in an effort to improve the performance of village officials in Enrekang Regency, especially in the management of village funds. Researchers used a qualitative approach with a case study method. The informants taken were four people who had information and experience related to improving the performance of village officials, namely the head of DPMD, the Head of the Division that handled the performance improvement of village officials and 2 (two) Village Heads. In this study, it is known that the communication strategy applied by DPMD in an effort to improve the performance of village officials, especially in the management of village funds, is through several steps, namely by conducting research, planning, implementing and evaluating communication. The communication strategy implemented is quite good, but not optimal because in determining communicants in the implementation of training and socialization, DPMD has not been able to present or invite all village officials who should participate in the process of managing village funds. This is also due to the limited budget of the Enrekang Regency PMD Office
Analysis of Factors Affecting the Effectiveness of Public Services in the Digital Era Velayati, Muhammad Fadillah; Ahmad, Badu
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.v13i3.1025

Abstract

The digital era has changed the way public services are delivered, but its effectiveness depends on a variety of factors. This study uses a qualitative approach to analyze these factors, combining literature review with interviews with public service stakeholders. The study identifies three main factors influencing the effectiveness of digital public services: infrastructure and technological readiness, human resources and organizational culture, and regulations and policies. Adequate technology and digital readiness are critical, as are skilled government employees and a culture that supports innovation. Flexible regulations and supportive policies are also necessary for the success of digital public services. Research shows that increasing the effectiveness of public services in the digital era requires a holistic approach that focuses on infrastructure, human resources, and regulations. This has important implications for policymakers in developing sustainable digital transformation strategies for public services

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