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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 Law Number 6 of 2011 concerning Immigration in the Immigration Work Unit of Bojonegoro Regency Utama, Cornelia Yashela; Sudja, Sudja; Hardyansah, Rommy
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.v13i4.1118

Abstract

Implementing passport services in the Immigration Work Unit of Bojonegoro Regency has shown significant efforts in implementing Law Number 6 of 2011 concerning Immigration. This is reflected in the implementation of an online application system, strict document verification, the use of biometric technology, and high document security standards. This work unit has also improved service efficiency through an integrated management information system, special services for certain groups, and increased transparency and accountability. However, there is still room for improvement and optimization to meet the expected service standards.  This study aims to analyze passport services in the Immigration Work Unit of Bojonegoro Regency and identify inhibiting factors in implementing passport services. The method in this study is empirical law by examining Law Number 6 of 2011 concerning Immigration in the Immigration Work Unit of Bojonegoro Regency. The results of this research are that the implementation of passport services in the Immigration Work Unit of Bojonegoro Regency has shown significant efforts in implementing the principles of Law Number 6 of 2011. This work unit seeks to improve service efficiency through the implementation of an integrated management information system and the provision of special services for certain groups; the factors inhibiting the implementation of passport services include a shortage of human resources in terms of quantity or quality, technological infrastructure that sometimes experiences disruptions, bureaucratic procedures that still need to be simplified.
Consumer Protection Against Exoneration Clauses in Laundry Service Notes in Samarinda City Arifah, Salsabila Budi; Susanti, Erna; Damanik, Amsari
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.v13i4.1124

Abstract

The exoneration clause is a clause that limits or eliminates responsibilities that should be borne by business actors. This clause is often found in laundry service notes in Samarinda City, even though its application is prohibited in Article 18 of Law Number 8 of 1999 concerning Consumer Protection. This research uses a social-legal approach to analyze the application of exoneration clauses and the implementation of consumer protection regarding the use of exoneration clauses in laundry service notes in Samarinda City. The research results show that the use of exoneration clauses in laundry service notes is detrimental to consumers because consumers do not receive compensation. The less than optimal role of the Consumer Dispute Resolution Agency (BPSK) causes the public, both consumers and business actors, to lack understanding of their rights and obligations. Therefore, there is a need for deeper attention to the application of exoneration clauses so that consumers are protected.
Legal Consequences of Differences in Value of Sale and Purchase Transac-tions on the Results of Verification of Land and Building Acquisition Fees Eranda, Genta
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.v13i4.1128

Abstract

This study discusses the problems arising from the difference in transaction value stated in the deed of sale and purchase (AJB) with the results of the verification of Land and Building Acquisition Fee (BPHTB) by the Regional Tax and Retribution Management Agency (BPPRD) in South Lampung. The analysis was conducted using a qualitative approach, involving a literature study of the regulations governing BPHTB, as well as an analysis of cases and problems that arise in the field. The findings indicate that the practice of re-verifying prices by BPPRD can be detrimental to the parties involved in land/building sale and purchase transactions and violates the principle of freedom of contract in contract law. The implications of this problem are the potential for legal uncertainty and tax disputes between taxpayers and the local government. Therefore, further studies are needed to improve the implementation of BPHTB collection policies in South Lampung and increase public understanding
The Effectiveness of Religious Influence in Electoral Participation Septiana, Lia Nadella; Wardana, Dodi Jaya
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.v13i4.1129

Abstract

Following the general election in Indonesia, various groups engaged in this democratic process with the objective of identifying a leader capable of guiding the nation and its citizens toward the attainment of justice and prosperity. This study will elucidate the various factors influence their participation in this election, with a particular focus on the impact of religion. The effectiveness of religion in electoral processes is a subject of considerable analysis. Nonetheless, it may yield both beneficial and detrimental effects in the context of elections. The beneficial outcomes comprise enhanced inter-group tolerance, whereas the detrimental aspects involve suspicion, conflict, and division. Nonetheless, the research posits that the impact of religion, regardless of its form or extent, will not adversely influence the electoral process provided it remains in alignment with constitutional principles
Environmental Pollution in the Perspective of Civil Law Fauzi, Ahmad Nur; Iskandar, Hardian
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.v13i4.1130

Abstract

: Issues relating to the environment are intrinsically linked to human behavior, as there is a significant relationship between humans and their environment, characterized by the idea that humans have a right to the environment. Environmental issues are important challenges that require our collective attention, as they are closely linked to safety, public health, and the functioning of our daily lives. The objective of the issue at hand is for the Government to take the initiative to foster public awareness and ensure effective implementation of environmental laws and regulations. This is important to prevent any prejudice against environmental management policies enforced by public enterprises. Therefore, law enforcement related to environmental pollution is very important. The approach method implemented in this research is normative research. The findings of this research show that to address environmental pollution, effective solutions are needed that aim to facilitate environmental restoration, as outlined in the Environmental Law No. 32 of 2009. This law manages environmental law to also include measures designed to prevent actions that may cause environmental degradation, thereby contributing to the mitigation of such damage. In addition, this law also emphasizes the need for environmental law enforcement within the framework of Civil Law
Criminal Liability of Love Scam Perpetrators in the Perspective of Positive Law and Islamic Criminal Law Solihin, Riadus; Zuhri, Ahmad
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.v13i4.1131

Abstract

The criminal act of love scam is a form of fraud that has been transformed into the online realm. The fraud is the same as conventional fraud, but the difference is the place where the fraud occurs. Love scam cases occur because women who are often victims are lulled into love that is full of lies. This love scam case is very worrying because it blackmails the victim by loving them. The object of this research is focused on criminal liability for love scams from the perspective of positive law and Islamic criminal law. This research is empirical research, where researchers try and describe and analyze this practice with a normative approach, referring to the provisions of positive law and Islamic criminal law. Data collection by going directly into the field through interviews. Meanwhile, in analyzing the data, researchers used descriptive analysis. This research concludes that criminal liability for perpetrators of love scams is regulated in two statutory regulations, namely in Article 378 of the Criminal Code (KUHP) and Law Number 19 of 2016 concerning Information and Electronic Transactions. And accountability for perpetrators of fraud under the guise of romance according to Islamic criminal law is subject to ta'zir punishment and in its provisions depends on the judge's ijtihad
Constitutional Court's Limitation on the Resubmission Ofindictments Syahird, Ahmad; Masturi, Rahmad; Kamran, Muhammad
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1132

Abstract

This study aims to determine the legal consequences of limiting the resubmission of indictments by the constitutional court and the legal certainty of limiting the resubmission of indictments by the constitutional court. This type of research is normative with data collection techniques carried out through library research, namely laws and regulations, a case approach, namely the Constitutional Court Decision, and a conceptual approach. In addition, the author also conducts library research through data and books related to the research topic. Furthermore, the data obtained was analyzed qualitatively which was then presented descriptively. The results of the study show that: 1) The legal consequences of limiting the re-submission of indictments that have been canceled make the decision in the form of a final decision because it has been examined and considered the subject matter of the case and will be nebis in idem if filed again afterwards. The form of legal action that can be taken by the public prosecutor is an appeal or cassation and not resistance (verzet). In order to harmonize this form of legal action with the Constitutional Court's decision, additional arrangements are needed which contain new norms in criminal procedural law; and 2) The Constitutional Court's decision which limits the re-submission of indictments is a form of legal certainty. Thus, in order to prevent repeated cancellation of the indictment, the prosecutor's accuracy is required in preparing the indictment because at the second examination, there is a potential for the indictment to still not meet the material requirements so that the case is considered finished without any examination of the main case, and there is a potential for an indictment still does not meet the material requirements, while the subject matter of the case is proven. This resulted in no settlement and clarity of the status of the case for the accused and victims to obtain a guarantee of fair legal certainty as mandated in Article 28D paragraph (1) of the 1945 Constitution
Legal Protection for Medical Personnel in Providing Anesthesia Services to Patients Based on Health Laws Fadli , Kartika Hariandiny; Dahlan, Dahlan
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1134

Abstract

Medical personnel providing anesthesia services often face legal challenges, as the outcomes of such procedures may lead to patient disability or death, raising concerns of malpractice from the patient’s family. While conducting their duties, medical personnel are entitled to legal protection, making it essential to examine this issue. This research, titled “Legal Protection of Medical Personnel in Providing Anesthesia Services to Patients Based on the Health Law,” addresses the following questions: 1) What are the legal regulations for medical personnel in anesthesia services? 2) What risks are involved? 3) How are medical personnel legally protected in anesthesia services?. Using normative juridical research and a statutory approach, this study analyzes existing regulations and secondary sources. Although Indonesia’s Health Law does not specifically address anesthesia, the Minister of Health Decree No. HK.01.07/MENKES/1541/2022 provides guidelines for anesthesiology and intensive care, given the high risks involved. To safeguard patient safety, medical personnel take preventive measures to minimize anesthesia risks. Since anesthesia is a high-risk procedure that may result in severe outcomes, including death, enhancing its categorization within the Health Law is crucial. Legal protection for medical personnel includes preventive measures, reducing the risk of legal consequences, and repressive measures, offering support if adverse events occur
The Role of Intercultural Interaction in Community-Based Tourism Man-agement in Nganggring Lestari, Rini
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1139

Abstract

This study aims to analyze the role of intercultural interaction in community-based tourism management in Nganggring Tourism Village, Yogyakarta. Through a qualitative approach with a case study method, this study explores how interactions between tourists and local communities contribute to cultural preservation, increasing social cohesion, and economic impacts on local communities. The results show that active participation of tourists in cultural activities, such as local handicrafts and agriculture, not only enriches the tourism experience but also helps preserve traditions and strengthen the cultural identity of the village community. Intense interactions between tourists and local residents also play a role in building closer social relationships, while providing economic benefits through homestays and sales of local products. This study suggests the importance of skills training for local communities, wider tourism promotion, and collaboration with educational institutions and the government to maintain the sustainability of community-based tourism in Nganggring Village. Thus, this management model can be used as a reference for the development of other tourism villages in Indonesia
The Urgency of Registering Industrial Design Intellectual Property Rights as an Effort to Increase Competitiveness in the Global Era Alamanda, Asri Elies; Mutmainah, Lailatul
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1140

Abstract

Registration of Intellectual Property Rights (IPR) for industrial designs is a crucial step in increasing product competitiveness in the global era. In the midst of increasingly fierce competition, protection of innovative designs is important to maintain the uniqueness and added value of products. IPR registration not only provides legal protection for designs, but also improves the company's image and reputation, and encourages innovation. In addition, IPR owners can take advantage of exclusive rights to explore new business opportunities and improve their bargaining position in the global market. The method used in this study is the normative research method. It is important for industry players to understand and utilize IPR registration as a primary strategy in facing the challenges of a dynamic global market. This study aims to explore the urgency of industrial design IPR registration and its impact on industrial competitiveness, as well as provide recommendations for industry players in maximizing the potential of IPR as a strategic asset. Government policies have an important role in supporting and facilitating the industrial design registration process to increase the competitiveness of local products in the international market. Industrial design registration provides legal security for design owners in running their businesses. With the legal protection provided by the Industrial Design Law, design owners can be more confident in doing business, investing in the development of new designs, and establishing business partnerships without fear of imitation or copyright infringement

Page 69 of 93 | Total Record : 921

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