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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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Application of Diversion to Children in Conflict with the Law as an Effort to Protect Children's Rights in Realizing Restorative Justice Indira, Safira Prima; Lubis, Syofiaty
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.v13i3.1040

Abstract

: This research aims to find out how the legal regulations regarding the implementation of diversion for children who are in conflict with the law are and to find out how diversion is implemented as an effort to protect children's rights in realizing restorative justice. The results of this research show that based on article 7 paragraph (2) of Law no. 11 of 2012 concerning the criminal justice system states that the right to diversion for children in conflict with the law can only apply to children who are 12 (twelve) years old and for crimes with a prison sentence of less than 7 years and not for repeat crimes. In terms of implementation, diversion is carried out through deliberations between the victim's family and the perpetrator's family, led by a diversion facilitator from a District Court judge who listens to claims for losses submitted by the victim's family. Furthermore, based on article 55 paragraph (1) government regulation no. 65 of 2015 concerning guidelines for implementing diversion states that if diversion deliberations reach an agreement then children in conflict with the law can be free from criminal punishment, however, in accordance with article 53 paragraph (2) Perma No. 4 of 2014 concerning Guidelines for implementing diversion states that if deliberations do not reach an agreement then the criminal case will be resolved through a juvenile criminal justice mechanism at court level
Genealogy of Thought of the Founder of the Non-Aligned Movement in a Neorealist Perspective Budiman, Bedi
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.v13i3.1042

Abstract

For newly independent countries emerging from colonial rule, the post-World War II situation (1945), which then continued with the Cold War (1947-1991), posed new threats to their sovereignty. Facing this dilemma, these countries sought to sustain themselves by organizing within the Non-Aligned Movement as a means to enhance their individual national capacities. The Non-Aligned Movement evolved into a third pole in the international system, successfully influencing the distribution of power on the global political stage. There are at least three major issues consistently advocated by the Non-Aligned Movement: decolonization, détente, and disarmament. This study examines how the founders of the Non-Aligned Movement conceptualized and acted in response to the anarchic world structure, the ideological contradictions between capitalism and communism, while still advocating for their respective national interests
Dispute on the Number of Votes in the Election of Head of Tabuyung Village, Muara Batang Girls District, Mandailing Natal Regency from Siyasah Fiqh Perspective (Decision Analysis Study Number: 80/G/2023/Ptun.Medan Nadilla, Nadilla; Mukhsin, Abd.
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.v13i3.1049

Abstract

This research aims to understand the dispute resolution mechanism resulting from the election of the Head of Tabuyung Village, Kec. Muara  Batang Gadis, Kab.  Mandailing Natal, focusing on the suitability of legal considerations in the Medan PTUN decision Number: 80/G/2020/PTUN.MEDAN with applicable laws and regulations. And also this writing aims to analyze the basis of the judge's considerations in the Medan PTUN decisions in case Number: 80/G/2020/PTUN.MEDAN.  The Author uses normative research methods with a library approach to collect the necessary legal materials, including sources from experts, perspectives from the perspective of Siyasah Fiqh, research results, and journals related to dispute resolution mechanisms based on statutory regulation
Efforts to Increase the Professionalism of The General Election Commission (Kpu) Of Pati District in Organizing The 2024 Regional Elections Septiana, Lisa; Addiansyah, M.Nur Rofiq
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.v13i3.1050

Abstract

This article will show how efforts to improve the professionalism of the Pati Regency KPU in organizing the 2024 Pilkada. This professionalism can be seen from the technical guidance (bimtek) for implementers and updating of voter data and monitoring activities, political education and socialization of the election to voters, provision of facilities and infrastructure, legality to candidates, and socialization of the neutrality of ASN and village heads in the 2024 Pati Regency Pilkada, as well as the integrity value of the Pati Regency KPU. We can see this from the community who dare to channel their opinions (aspirations) to government institutions (the Pati Regency KPU) which are used as a form of support or input for the future so as to produce democratic public policies (in accordance with the needs of the community). One of the objectives of this article is to see how efforts to improve the professionalism of the Pati Regency KPU in carrying out its responsibilities, especially approaching the election year, such as the quality of the services provided, whether they are effective and accurate according to the guidelines of the Central KPU. Meanwhile, this research method uses a qualitative method with a descriptive approach type, interviews, and documentation at the Pati Regency KPU which is supported by online reference searches such as journals, E-books, papers, and the like. The results/findings of this research indicate that efforts to improve the professionalism of the Pati Regency KPU in organizing the 2024 Pilkada are able to provide performance wholeheartedly and accurate information that is poured out directly or indirectly so that it is hoped that public participation in the 2024 Pilkada can increase. Through this professionalism, the public is expected to give their voting rights according to applicable procedures so that it can help increase public trust in the performance of the Pati Regency KPU which will then be an improvement in the upcoming election. Therefore, the implications of this research if not carried out will have a negative impact on certain aspects, including the low level of supervision and evaluation of the performance of the Pati Regency KPU so that it will potentially lead to a decrease in the professionalism of the KPU itself which will have an impact on public trust being lost, considering that through public trust it can help to ensure justice and legitimacy in the election process. It is different if the implications of this research are carried out in order to prevent abstention behavior and public apathy and to ensure that the implementation of the regional elections runs according to applicable principles. Therefore, without this research, the risk of problems occurring in the implementation of elections will increase
How Adaptive Governance Policies Work in Climate Change Marzuq, Muhammad Fauzan; Haning, M. Thahir; Abdullah, Muh. Tang; Muttaqin, Muttaqin
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.v13i3.1053

Abstract

This research explores the concept of Adaptive Governance in addressing climate change impacts. Adaptive Governance is an approach that emphasizes flexibility, collaboration, and continuous learning to manage the dynamic and unpredictable nature of climate-related challenges. The study examines how integrating scientific knowledge, technological advancements, and policy frameworks enhances adaptive capacity and resilience. It highlights the importance of accurate data, effective interagency coordination, and inclusive policymaking that engages local communities and stakeholders. The research identifies key factors influencing the success and challenges of implementing Adaptive Governance, including resource availability, institutional capacity, and political dynamics. Through case studies and literature review, the study demonstrates that while Adaptive Governance presents a robust framework for climate adaptation, it requires ongoing evaluation and adjustment based on empirical evidence and stakeholder feedback. The findings suggest that Adaptive Governance can significantly improve responses to climate change by fostering a responsive and sustainable approach to environmental management
Analysis of Default on Illegal Online Loans in The Review of Civil Law and Islamic Law Alsarandie, Fandi; Rizka, Rizka
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.v13i3.1055

Abstract

The development of information and communication technology has given birth to innovations in various fields, including the financial sector. One of the rapidly developing innovations is the emergence of online loans (pinjol). However, this pinjol has the potential for problems, one of which is the rise of illegal pinjol. This study aims to determine the process of agreements between online loan platforms and consumers, regulations and rights and obligations in agreements between online loan platforms and consumers according to civil law and Islamic law, and legal liability if one party defaults or violates the law. This research is a descriptive study with a normative research approach. The data sources for this study are secondary data and primary data. Data collection was carried out using literature studies and field studies (interviews). Furthermore, the data was analyzed using a qualitative approach. The results of this study show that the agreement process between illegal online loan platforms and consumers in Indonesia often does not meet the requirements for a valid contract regulated in the Civil Code, and violates the principles of consumer protection regulated in Law No. 8 of 1999. Agreements in online loan platforms, both according to civil law and Islamic law, must meet the requirements for a valid agreement which include agreement, capacity, clear objects, and lawful causes. In Islam, lending and borrowing must be done based on the principle of qardh which upholds mutual assistance and compliance with sharia. In the event of a default or violation of the law, especially in the context of illegal online loans, the agreement is invalid and null and void because it does not meet the requirements set out in Article 1320 of the Civil Code and does not comply with the principles of sharia law
Analysis of DKI Jakarta's APBD Fund Allocation Policy for Improving the Quality of Public Services at the City Level Rahmin W, Wa Ode; Ahmad, Badu; Rusdi, 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.v13i3.1056

Abstract

This study aims to analyze the effectiveness of the allocation of funds from the Jakarta Regional Revenue and Expenditure Budget (APBD) in supporting the improvement of the quality of public services at the city level. By taking a qualitative approach, data was obtained from literature studies and analysis of documents related to the management of the Jakarta Regional Budget from 2008 to 2012. The results show that although there is an increase in regional revenue and expenditure growth during this period, there are still obstacles that hinder the effectiveness of APBD fund allocation, such as budget irregularities, weak budgeting control, and political dominance in budget decision-making. However, efforts to strengthen transparency, accountability, and community participation in the budgeting process were identified as potential solutions to address these barriers. This study illustrates the importance of effective management of public funds in improving the quality of public services at the city level, especially in the context of the Jakarta Regional Budget
Law enforcement efforts against bullying perpetrators in school environments Lubis, Faiz Azhar; Rizal, M.
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.v13i4.1069

Abstract

Bullying in school environments is a serious problem that has a negative impact on children's development. This study analyzes bullying cases at MAN 1 Medan and finds that the lack of moral and ethical education is one of the main contributing factors. This study also shows that handling bullying cases can be done through legal and non-legal channels. This study uses an empirical normative legal research method by combining analysis of laws and regulations, especially Law Number 35 of 2014 concerning Child Protection, and primary data from interviews. This study aims to examine law enforcement against perpetrators of bullying in school environments. The results of this study indicate that efforts to prevent bullying in educational environments can be done through legal and non-legal channels, especially by referring to Law Number 35 of 2014 concerning Child Protection. This law provides a clear definition of violence against children, including bullying, and provides special protection for children in educational environments. In addition, this study also discusses efforts to prevent bullying through non-legal channels, such as socialization, strengthening awareness of children's rights, and individual approaches. However, further efforts are needed, both through consistent law enforcement and through comprehensive prevention programs in schools, to create a safe and conducive learning environment for all students
Legal Analysis of Criminal Acts of Corruption of Livestock Budget (Study of Decision No.3038 K/Pid.Sus/2021) Damanik, Stevi Idhel Wheis; prasetyo, Muhammad Arif; Adawiyah, Rodiatun; Ramadhana, Widodo; Sembiring, Josua Pramana Adika
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.v13i4.1075

Abstract

One of the crimes that is always in the spotlight in Indonesia is the problem of corruption. Corruption is no longer a foreign thing in this country. Indonesian corruption is even classified as an extraordinary crime because it has damaged not only state finances and the country's economic potential, but has also destroyed the pillars of socio-cultural, moral, political and legal security of Indonesia. As happened in the decision Number 3038 K / Pid.Sus / 2021, which stated that there had been a criminal act of corruption in the grant activity budget of the East Java Provincial Animal Husbandry Service in 2016, which was carried out by the Defendant IMAM HANAFI, SE bin MUCHAMAD HABIB. The empirical normative method is the method applied in this research where this method is carried out through research activities on reading materials and directly reviewing the objects being studied. The application of Article 2 Paragraph 1 of the Corruption Eradication Law in Decision Number 3038 K/Pid.Sus/2021 to the Defendant IMAM HANAFI, Se is in accordance with the fact that the defendant is a person assigned by the East Java Provincial Animal Husbandry Service to coordinate 5 Groups that will receive grant funds to buy livestock. That the judge in deciding the case considered that the defendant's actions had fulfilled the elements of a crime in Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption.
Evidence of social media accounts in the investigation process Santoso, Budi
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.v13i4.1077

Abstract

This study aims to determine the position of electronic evidence in the form of social media accounts in the investigation process and parameters in determining an electronic information/document in the form of social media accounts as evidence in the investigation process. This study uses an empirical legal method with a descriptive approach, utilizing primary and secondary data. The data was collected through observation, document study, and interviews. Furthermore, data analysis is carried out qualitatively. The results of the study show that electronic evidence such as social media accounts has an important role in the investigation of cyber crimes, but it is only considered as valid preliminary evidence if it has gone through official confiscation and digital forensic examination in accordance with the ITE Law. To be accepted in court, electronic evidence must meet formal requirements, namely relevance and validity, as well as material requirements, namely authenticity without modification. Verification through digital forensics is needed to maintain the integrity of evidence, so that electronic evidence is treated as equal to physical evidence in law enforcement

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