cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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,
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
 66   67   68   69   70 
General Election Commission's Responsibility for Personal Data Leaks in the Election Database System Armaini, Elza; Khalid, Khalid
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.v13i4.1082

Abstract

This research is a type of normative legal research with the aim of the research being to find out howstate responsibility for leaks of public data in the election database system andwhat legal measures can be taken againstpublic data leaks in the election database system. The results of this study indicate that the KPU must be responsible for cases of leaks of public personal data, this is based on Article 47 of Law No. 27 of 2022 concerning personal data protection which states that managers of public personal data are responsible for errors or negligence that cause leaks of per-sonal data. In addition, this legal responsibility is also strengthened by the legal substance in Article 12 of the Law which states that the public is given the right to sue and receive compensation for violations of the management of personal data. Furthermore, based on the civil law aspect, the public also has the right to legal remedies in the form of lawsuits through legitimacy and non-legitimacy, this is based on the provisions of Article 1366 of the Civil Code which states that everyone has the right to be responsible not only for losses caused by their actions but also for losses arising from their negligence. So from this article it can be concluded that the case of personal data leaks is a violation of negligence committed by the KPU which gives rise to legal responsibility that must be resolved by the KPU
The Role of the Community in Strengthening the Functionsof Witness and Victim Protection Agencies in Indonesia Situmeang, Sahat Maruli Tua; Pane, Musa Darwin; Mile, Tiara; Rachim, Rizal Aulia
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.v13i4.1084

Abstract

Active community engagement and participation in witness and victim protection programs in Indonesia remain low due to a lack of understanding of program benefits and difficulties accessing information. This study aims to identify the primary barriers and develop strategies to enhance community participation in the witness and victim protection programs managed by the Witness and Victim Protection Agency (LPSK). A descriptive-qualitative research method was employed, utilizing primary data collected through in-depth interviews and focus group discussions, along with secondary data from official documents and literature reviews. The findings indicate that reforming communication strategies, utilizing digital platforms, and strengthening partnerships with civil society organizations and higher education institutions can address these barriers. The implications of this research highlight the need for adapting informational materials to local contexts and improving information accessibility to bolster community participation. These recommendations aim to enhance program effectiveness and ensure the benefits are maximized for the community
Analysis of Regulatory Reform Dynamics: A Comparative Study on the Ef-ficacy of the Omnibus Law Method and Legal Codification in National Regulatory Structure. Maarif, Ihsanul
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.v13i4.1089

Abstract

The regulation of national laws in Indonesia faces significant challenges due to overlapping rules and regulatory inflation, which hinder legal certainty and economic efficiency. To address this issue, the government has adopted two primary approaches to regulatory reform: the Omnibus Law and Legal Codification. This study aims to analyze and compare the effectiveness of both approaches in Indonesian regulatory reform. The research employs a normative legal method with comparative analysis, utilizing data gathered from legal statutes, academic journals, and official documents. The findings indicate that the Omnibus Law is effective in addressing the need for rapid reform in dynamic sectors such as investment and labor, yet it poses risks of regulatory inconsistency, potentially leading to legal uncertainty. On the other hand, legal coding offers greater stability and consistency, though its implementation is slower and less adaptable to sectors requiring swift changes. This study's implications suggest that a selective approach is necessary, strategically applying the Omnibus Law to certain sectors while maintaining Legal Codification as the foundation for a more harmonious and sustainable legal system. This research provides recommendations for policymakers to enhance regulatory harmonization and consider the technical capacity of legal authorities in implementing reforms
Constitutional Court of Indonesia Decision Number 90 After the MKMK Decision and Its Implementation Pujanegara, Bayu Sukma; Sadino, Sadino; Lutfi, Anas
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.v13i4.1092

Abstract

This research employs a normative juridical approach with a focus on legislative analysis. It evaluates how formal defects and ethical violations by judges impact legitimacy and public perception. The main findings indicate that these two decisions cast doubt on constitutional compliance and legal validity, highlighting the need for stronger review mechanisms and oversight to uphold the integrity of the Constitutional Court (MK). The purpose of this study is to identify the impact of formal defects and ethical violations by judges in Constitutional Court Decision No. 90 and Constitutional Court Honorary Council (MKMK) Decision No. 2/MKMK/L/11/2023 on constitutional legal principles in Indonesia. The conclusion shows that legal validity, constitutional compliance, finality, and the binding nature of Constitutional Court decisions, along with the integrity and reputation of the Constitutional Court, play significant roles in Indonesia’s constitutional law. It was found that Constitutional Court Decision No. 90 and MKMK Decision No. 2 of 2023, related to formal defects and ethical violations, have a significant impact on the legitimacy and public perception of the constitutional justice system. Although the finality and binding nature of Constitutional Court decisions are fundamental to legal certainty, a review mechanism is needed in certain situations, especially when formal defects or ethical violations occur. Formal defects and ethical violations can erode public trust and pose serious challenges to the dignity of the constitutional judiciary.
Juridical Review of Land Grants in Pandan Sub-District, Central Tapanuli Regency, in the Perspective of Law no.5 of 1960 on Basic Agrarian Principles Patricia, Andi Yohani; Lubis, Syofiaty
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.v13i4.1100

Abstract

This study aims to conduct a juridical review of land grants based on Law No. 5 of 1966 TPA in the Pandan Subdistrict, Tapanuli Tengah Regency. The research method used is normative legal research with legislative, historical, and conceptual approaches. This study summarizes the findings of previous relevant studies, establishes the theoretical or conceptual framework used as a basis for analysis, discusses the findings and analysis that emerge from this study, and formulates the main conclusions along with relevant implications. The results of the study indicate that a deep understanding of the legal regulations governing land grants is crucial, and active involvement from all relevant parties is also required. Furthermore, a balanced consideration of moral aspects and legal values must also be observed in the land grant process. The implication of this study is the need for an enhanced legal understanding among all parties involved in land grant transactions and collaborative efforts to ensure the effective implementation of existing legal regulations
Analysis of the Partiality in Legal Counseling by Notaries During Extraor-dinary General Meetings of Shareholders Based on the Principle of Justice Nurjannah, Mira; Gultom, Elisatris; Rukmana, Yenni Yunithawati
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.v13i4.1107

Abstract

One of the notary's authorities is to provide legal counseling, including in the context of the Extraordinary General Meeting of Shareholders (EGMS). This counseling is very important to ensure the legality of the legal process, especially in the preparation of deeds related to the transfer of shares and other important decisions. However, in practice, there are cases where notaries do not perform their duties independently, which ultimately leads to legal problems. As a country of law, Indonesia guarantees legal certainty and protection for every citizen. However, irregularities by less independent notaries, such as in the case of Notary Hartono in Gianyar Regency, highlight significant risks for the parties involved, including potential losses due to falsification of documents. This study aims to analyze the legal consequences of deeds produced by non-independent notaries. This study seeks to explore how non-compliance by notaries with this principle affects the validity of the deeds they produce. The method used in this study is a normative juridical approach that utilizes secondary data, with analysis carried out on relevant laws and regulations, documents, and literature related to the authority of notaries and the principle of justice. This research is descriptive-analytical, providing an overview of the consequences arising from the lack of independence in the duties of notaries, followed by analysis. The results of the study show that the lack of independence of notaries in providing legal counseling can cause legally defective deeds and potentially void them, resulting in losses for the affected parties. The case of Notary Hartono serves as a concrete example where violations of notary independence lead to forgery of deeds and significant legal repercussions. The principle of justice is not upheld if the notary does not act independently in carrying out his duties
Position of the Principle of Good Faith in Life Insurance Agreements Study of Decision No. 489/Pdt.G/2021/Pn.Mdn Putri, Aprilia; Purwanto, Purwanto; Hediati, Febri Noor
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.v13i4.1108

Abstract

Insurance is regulated by Law No. 40 of 2014 concerning Insurance. The three main parties involved in insurance are the policyholder, the insured, and the insurer. The basic principle in an insurance agreement is good faith, which refers to mutual trust between the parties. However, disputes often occur regarding the implementation of this principle, such as unilateral policy cancellation and rejection of life insurance claims, which reflect a lack of good faith. This study aims to analyze the position of the principle of good faith in life insurance agreements at PT. Asuransi Allianz Life Indonesia, as well as to consider the legal basis of judges in cases of policy cancellation and claim rejection as stated in Decision No. 489/Pdt.G/2021/PN Mdn. The approach used is doctrinal research, focusing on the analysis of legal norms, including relevant legal theories and principles. The results of the study indicate that the principle of good faith in life insurance agreements at PT. Allianz Life Indonesia is based on trust between the insurer and the insured to reach a fair and transparent agreement. If this principle is ignored, disputes cannot be avoided. In his decision, the judge did not specifically refer to the Insurance Law or the Civil Code, but based his decision on the trial facts and evidence provided by the parties.
Legal Protection of Third-Party Assets in Bankruptcy Disputes in Indonesia Bakar, Ridwan
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.v13i4.1109

Abstract

Bankruptcy in Indonesia often leads to legal issues related to the protection of third-party assets, especially when these assets are improperly included in the bankruptcy estate. This research aims to analyze the legal protection of third-party assets in bankruptcy disputes based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, as well as the Civil Code. The research method used is normative juridical with a doctrinal approach, which examines legal norms through literature study and analysis of court decisions. The research results show that the Supreme Court consistently protects the legitimate property rights of third parties, excluding those assets from the bankruptcy estate unless there is strong evidence of their connection to the debtor's debts. This research reinforces the importance of careful verification by curators and the role of the courts in upholding justice and legal certainty in bankruptcy proceedings
Suitability of Converting Debt Into Shares As A Means of Homologizing Company Bankruptcy Sari, Novita; Rifai, Anis; Machmud, Aris
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.v13i4.1113

Abstract

The present paper examines the efficacy of debt conversion into shares as a means of corporate bankruptcy homologation, with particular emphasis on Waskita's vendor debt case study. In this case, one possible way to repair business finances and pay off debts to creditors—particularly vendors—is to convert debt into shares. Postponement of debt payments refers to the suspension of debt payments for a predetermined amount of time as stipulated by law. During this time, debtors and creditors can talk about debt settlement options through rulings made by commercial courts. This entails creating a repayment schedule that can call for restructuring the debt in addition to paying back the entire amount owed. Because it stresses the use of secondary data to explain the homologation process and the effects of converting debt into shares at PT Waskita Beton Precast Tbk (WSBP), this research employs a normative legal approach. The findings of this study indicate that submitting a Peace Plan by the PKPU Debtor, PT Waskita Beton Precast, Tbk (In PKPU), is appropriate. The actions conducted by the PKPU Debtor are compliant with the terms of Article 281 paragraph (1) of Law Number 37 of 2004 about Bankruptcy and Postponement of Debt Payment Obligations, given that the voting results regarding the settlement plan have been completed. Recalling that on June 17, 2022, PT Waskita Beton Precast, Tbk (In PKPU) was a party to the Peace Agreement pertaining to the Peace Plan, and that on that same day, PKPU Debtors and Creditors were present and took part in the voting on the Peace Plan, which was approved
Registration of Interfaith Marriages According to Positive Law in Indonesia (Analysis of North Jakarta District Court Decision 423/PDT.P/2023/PN JKT.UTR) Rizki, Rizki; Rajagukguk, Very Harley Aryanto; Junnifer, Junnifer; Winnata, Shareen Angeline
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.v13i4.1115

Abstract

The practice of marriage according to positive law in Indonesia is regulated by Law Number 1 of 1974 concerning Marriage. Marriage registration at a civil registry office or agency appointed by the government ensures the validity of marriage law and provides the necessary basis for obtaining rights and fulfilling the obligations attached to marital status. Interfaith marriages in Indonesia are not regulated by Law Number 1 of 1974 concerning marriage, this becomes complex because of differences in religious beliefs between the couples who are getting married. One of the cases of a married couple with the initials JEA and SW (which was recorded in the JAKARTA UTARA PN DECISION 423/PDT.P/2023/PN JKT.UTR) faced obstacles when they wanted to register their marriage at the Population and Civil Registry Sub-Department Office (Sudin Disdukcapil) Central Jakarta. The type of research used in this research is normative juridical research. that children resulting from marriages of different religions are illegitimate or illegitimate children. The author fully agrees that the need for additional legal processes, in the form of court decisions, for civil registration of interfaith marriages, is an essential step

Page 68 of 93 | Total Record : 921

 66   67   68   69   70 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol. 14 No. 6 (2026): Law Science and Field Vol. 14 No. 5 (2025): December: Law Science and Field Vol. 14 No. 4 (2025): October: Law Science and Field Vol. 14 No. 3 (2025): August: Law Science and Field Vol. 14 No. 2 (2025): June: Law Science and Field Vol. 14 No. 1 (2025): April: Law Science and Field Vol. 13 No. 6 (2025): February: Law Science and Field Vol. 13 No. 5 (2024): December: Law Science and Field Vol. 13 No. 4 (2024): October: Law Science and Field Vol. 13 No. 3 (2024): August: Law Science and Field Vol. 13 No. 2 (2024): June: Law Science and Field Vol. 13 No. 1 (2024): April: Law Science and Field Vol. 12 No. 6 (2024): February: Law Science and Field Vol. 12 No. 5 (2023): December: Law Science and Field Vol. 12 No. 4 (2023): October: Law Science and Field Vol. 12 No. 3 (2023): August: Law Science and Field Vol. 12 No. 2 (2023): June: Law Science and Field Vol. 12 No. 1 (2023): April: Law Science and Field Vol. 11 No. 6 (2023): February: Law Science and Field Vol. 11 No. 5 (2022): Desember: Law Science and Field Vol. 11 No. 4 (2022): October: Law Science and Field Vol. 11 No. 3 (2022): August: Law Science and Field Vol. 11 No. 2 (2022): Law Science and Field Vol. 11 No. 1 (2021): Law Science and Field Vol. 10 No. 2 (2021): Law Science and Field Vol. 10 No. 1 (2020): Law Science and Field Vol. 9 No. 2 (2020): Law Science and Field Vol. 9 No. 1 (2019): Law Science and Field Vol. 8 No. 2 (2019): Law Science and Field Vol. 8 No. 1 (2018): Law Science and Field More Issue