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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 877 Documents
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The Juridical Review of Law Number 1 of Year 1974 on Marriage and the Compilation of Islamic Law Concerning Status of Different Religious Wedding Abroad Rahmat Suhargon; Faulia Anggeraini
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The purpose of this study is to determine the legal status of interfaith marriages conducted abroad in terms of Law number 1 of year 1974 concerning Marriage and to determine the legal status of interfaith marriages abroad in terms of the Islamic Law Compilation. The method used in this research is the library research method. This study uses qualitative data. The data source used is the primary data source which comes from Law number 1 of year 1974 concerning Marriage, Compilation of Islamic Law, and related laws concerning the focus of the problem and secondary data sources sourced from books, journal articles, and other sources that support this research data. Data analysis in this research is information review, comparative study, and assessment study. The results of this study indicate that Indonesia's positive law, namely Law Number 1 of year 1974 concerning Marriage which applies nationally does not require interfaith marriages. Meanwhile, the Islamic Law Compilation clearly states that interfaith marriages occur, meaning that interfaith marriages do not get a legality from the Islamic Law Compilation.
Juridical Review of the Zonation System in the Implementation of Minister of Education and Culture Regulation Number 44 of 2019 Regarding the 2020’s New Students Admission Related to the Law Number 20 of 2003 Regarding the National Sistem in the Justice Mohammad Chusnul Yakin
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to analyze the implementation of the zoning system according to Government Regulation Number 44 of 2019 concerning the Admission of New Students linked to the mandate of Law Number 20 of 2003 concerning the National Education System, and the impact of implementing the zoning system for the community from a justice perspective. This research is descriptive analytical with a normative juridical approach, and data collection techniques by conducting literature studies and interviews, then the data obtained is analyzed qualitatively juridical. The conclusions and results of the research: (1). The implementation of the zoning system according to Government Regulation Number 44 of 2019 concerning the Admission of New Students is linked to Law Number 20 of 2003 concerning the National Education System, the government only regulates the system that reviews mileage and the provisions of the system and procedures for its implementation without considering the problem of equitable development education and its facilities that have not been fully implemented means that the mandate of Law Number 20 of 2003 concerning the National Education System cannot yet be implemented with the existence of Permendikbud Number 44 of 2019 concerning the Admission of New Students with regard to the zoning system, (2) Implementation of the Zoning System for the Community Judging from Justice Perspective. The main principle of social justice is the basic structure of society, the structure of the main social institutions in a cooperation scheme. This principle regulates the granting of rights and obligations in institutions and determines the distribution of enjoyments and the burdens of social life. Thus, the zoning system has not fully provided a sense of justice apart from the adigums regarding the trend regarding paforit schools.
Non Litigation Dispute Resolution in Settlement of Civil Disputes I Made Wahyu Chandra Satriana; Ni Made Liana Dewi
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Dispute resolution through the courts is considered the main way of solving problems. The judiciary, which is basically formed to adjudicate and resolve problems, but in reality sometimes it is unable to solve the problems faced by the parties, sometimes it even creates new problems. This research discusses how Non-Litigation settlement legal efforts in Civil dispute resolution and Non-Litigation dispute resolution obstacles according to Civil Law. The research method used is an empirical research method by examining and getting answers to problems regarding the settlement and obstacles to non-litigation dispute resolution according to civil law. The result of this research is the settlement of civil disputes, namely by means of non-litigation, which has several forms, namely Negotiation, Mediation and Arbitration. Meanwhile, the obstacle to non-litigation settlement in civil law cases of sale and purchase is about mediation and the validity of the results of the parties' reconciliation.
The Concept of "Mursalah Issues" in Life of The State According to Islamic Law (NU and Muhammadiyah Perspective) Wahyudin; Dedi Setiadi
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

This research was conducted in order to solve the problem of relations between Islam and the State. Islam is a religion that has characteristics that are shumuh or comprehensive, perfect and muzzled so that it can adapt to the developments of the times. The purpose of conveying the message of Islam to humans is none other than the realization of mercy for all nature (QS: al-Anbiya: 107) This verse is used as a source of law in determining the objectives of Islamic law. Scholars such as Syatibi and al-Ghazali have the opinion that the aim of Islamic law is to create maslahah and avoid the mafasadah. Therefore, this research becomes very important in order to understand what is the background of the ulama from the NU and Muhammadiyah circles to participate in the Pancasila State education.
Urgency of Islamic Civil Law in Heritage Aspect Tb Syaiful Hidayat
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

This research was conducted in order to obtain information data about inheritance issues in Indonesia in the aspect of Islamic Civil Law, so as to provide a correct understanding to the public about the urgency of the state in resolving inheritance problems. Islamic Civil Law in Indonesia is formulated in the Compilation of Islamic Law which is expected to accommodate all debates on inheritance issues, so that it can provide legal force in a juridical format and serve as guidelines in Indonesian law. This research also uses the literature study method in order to obtain data related to the problems studied. Research is expected to be a reference for readers to what extent the urgency of inheritance in Islam in order to provide rights based on the principle of justice.
The Legal Aspect of Registration of Different Religious Marriage Based on Determination District Court Habib Adjie
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Article 2 Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, that pa marriage is declared valid if it is carried out according to the law of each religion and belief. However, it turned out that there were marriages that were carried out by couples of different religions based on a District Court Decision, which ordered the Population and Civil Registry Service to record the marriage. If it remains consistent that the Marriage Law does not provide opportunities for those of different religions, it turns out that there is a district court ruling that allows it. If a marriage with different religions is declared invalid, it will result in the position of the biological child on the inheritance of parents who are married to different religions, children born from a different religious marriage are children outside of marriage, because interfaith marriages are null and void and are considered never there is a marriage.
Gender Equality and Social Inclusion (GESI) in Village Development Samsiah Nelly
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

In compliance with the implementation of village government regulations concerning community empowerment and village development, this paper aims to provide an overview of the evolving paradigm of sustainable development and village opportunities in gender equity and social inclusion (GESI). This paper is a study of the literature based on data and information gathered from books, scientific papers, journals, and gender-related laws and policies. Gender mainstreaming policies were provided, as well as involvement of women in development. This policy would ensure that women will thrive and perform their social roles effectively. The study revealed that in some areas, initiatives to create inclusive village development have emerged, motivated by a desire to enhance people's rights fulfillment. Village planning must be approached from a GESI perspective, with no distinction made between men and women's positions, and marginalized groups' rights must be preserved.
Legal Study on The Role of The Government of The City of Batam in Distributing Land Perspective Welfare State Maurice Rogers; Mhd Taufiqurrahman
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Legal Studies on the Role of the Batam City Government in Distributing Land from the Welfare State Perspective. The purpose of this study is to examine the role of the Batam City government in distributing land in the Batam City area. Based on the formulation of the problem in compiling this research, the type of research used is normative or doctrinal legal research. Normative or doctrinal legal research is a legal research method that uses secondary data sources or by examining existing library materials. The nature of this research is descriptive analytical research. Analytical descriptive research is a form of research aimed at describing existing phenomena, both natural phenomena and man-made phenomena. Land problems in Batam City are like tangled threads that never end and are resolved, causing dissatisfaction in the people of Batam City. In the midst of the difficulty of access to adequate housing, while the need for housing is increasingly inevitable, finally a shortcut to establish a residence on State land that is not intended for settlement is the choice taken by some Batam people.
Juridical Analysis Regarding The Settlement of Land Disputes of The Heirs with The Government (Verdict Number: 2862/K/Pdt/1994) Najla Fadhila; Juven Charlos Sagala
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Land is a very important role in the community. In Indonesia, the problem of land is quite common, and it is referred to as land disputes in court. Land disputes are issues that occur between people or legal organizations and institutions that do not have a large socio-political impact. Researchers analyze further with the problem raised, which are the document can evidence of ownership of land be won in court, and judge's consideration in determining land disputes in Verdict Number: 2862.K/Pdt/1994. The sort of analysis that the researcher employs is normative juridical in nature. The intention of this analysis is to find what constitutes evidence of ownership of land rights, under the norms of law. As well as the judge's conclusion in court disputes, using legal sources such as No. 5 of 1960, PP No. 10 of 1961, and PP No. 24 of 1997. This study concludes that to win land disputes in court, physical possession with a period of more than 20 years in good faith, accompanied by written evidence such as a letter of evidence from the headman of the village.
“Batalam” as a Minangkabau Tradition in Andaleh Village, Luak Sub-District Limapuluh Kota District Indrawati
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The "Batalam" tradition is one part of Minangkabau customs, especially in the Kanagarian Andaleh community, Luak District, Limapuluh Kota Regency. Until now, the batalam tradition has not been contaminated by external values and its existence is still maintained by the community. The research, entitled: Batalam Tradition in Minangkabau Society in Kanagarian Andaleh, Luak District, Limapuluh Kota Regency, wants to know the meaning of Batalam tradition for the Kanagarian Andaleh community and analyze public perceptions of the implementation of the Batalam tradition in Kanagarian Andaleh. This type of research is categorized as qualitative research so that the research informants are community leaders consisting of traditional leaders, religious leaders, and other community leaders including mothers and youth leaders who are considered to understand the meaning and are directly involved in the implementation of the batalam custom in Kanaagarian Andaleh which was taken using the Snowball sampling technique. Batalam as a form of relationship that is bound by the norm of reciprocity and as social capital. People do not consider these rights as a heavy burden that is difficult to realize, because of the subsistence ethic that is still alive and becomes values that can still be realized. It is hoped that the community members together with community leaders in Kanagarian Andaleh will try to maintain the positive values contained in the batam tradition.

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