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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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Analysis of Illegal Fishing Issues in Meranti Islands Regency and Its Impact on Marine Ecosystem Sustainability Firmansyah, Ridho
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.v13i5.1143

Abstract

Indonesia, as the largest maritime nation with over 17,000 islands and vast oceanic areas covering two-thirds of its territory, possesses significant potential in the marine sector. However, practices of illegal fishing, often conducted by foreign and local fishermen in waters such as those of the Meranti Islands Regency in Sumatra, threaten the sustainability of marine ecosystems and the livelihoods of local fishermen. This research aims to examine the enforcement efforts against illegal fishing in the region, including both preventive and repressive measures implemented by the Marine and Fisheries Office and the Water Police. The research method used is observational, with data collection techniques involving direct interviews with officials from the Water Police and the Marine and Fisheries Office as respondents. The findings indicate that preventive measures include legal education and routine patrols, while repressive measures encompass the arrest and examination of lawbreakers. However, law enforcement faces various challenges, such as limited resources and facilities, low public awareness of the impacts of illegal fishing, and economic factors that drive some fishermen to engage in illegal practices. Therefore, enhancing oversight, ongoing legal education, and providing necessary resources are essential to preserving marine resources and ensuring effective law enforcement in the Meranti Islands Regency
Leadership of Former Corruption Convicts in Government Analysis of Fiqh Siyasah (Case Study of Constitutional Court Decision Number 03-03/PHPU/DPD-XXII/2024) Saputra, Edi; Iwan, Iwan
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.v13i5.1148

Abstract

This study discusses the leadership rights of former corruption convicts in government, especially through the Constitutional Court Decision Number 03-03/PHPU.DPD-XXII/2024, highlighting how constitutional rights and ethics of leadership in government. This study uses a normative legal method to analyze the application of legal norms and collect data through literature studies, including the Constitutional Court Decision Number 03-03/PHPU/DPD-XXII/2024. This paper raises 2 (two) problem formulations, namely: (1) How is the leadership of corruption convicts in government based on the Constitutional Court Decision Number 03-03/PHPU/DPD-XXII/2024 and (2) What is the view of fiqh siyasah on the leadership of former corruption convicts in government. The results of this study indicate that the rights of former convicts to lead in government are recognized based on the Constitutional Court decision, which is a constitutional right that must be recognized and restored. However, this is considered contrary to Islamic principles and leadership ethics, which consider individuals with a history of corruption unfit to lead. From the perspective of siyasah fiqh, the opportunity for former convicts to participate in elections is considered not in accordance with the leadership criteria set by the sharia
The Influence of International Law on the Enforcement of State Sovereignty Over Digital Resources Rakhmi, Wendy Budiati
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.v13i5.1149

Abstract

This research examines the influence of international law on the enforcement of state sovereignty over digital resources, focusing on a comparison of digital sovereignty policies in the European Union, the United States and China. With the rapid development of technology and the increasing reliance on digital infrastructure, many countries have sought to strengthen their digital sovereignty to protect data, privacy and national security. However, the absence of comprehensive international legal instruments poses challenges in the fair and uniform enforcement of digital sovereignty. This research uses a qualitative-descriptive approach with a multiple case study method, analyzing legal documents, national policies, and reports of relevant international organizations to identify the impact of international law on digital regulation. The results show that the European Union places privacy rights as a priority by implementing the General Data Protection Regu-lation (GDPR), while the United States tends to support market freedom and technological innovation, but with some exceptions related to national security. China, on the other hand, takes a protectionist and centralized approach with strict control over data and digital access in its territory. In conclusion, these different approaches result in fragmentation in the management of digital sovereignty, which could threaten global connectedness. This research recommends international cooperation to create a global digital legal framework that balances state sovereignty rights with the need for connectedness and equitable access to data around the world
Implementation of Agricultural Land Lease with Harvest Season Payment System in Namu Terasi Village, Sei Bingei Subdistrict, Langkat Regency Syaufi Ginting, Muhammad Ramanda Alif; Tarigan, Tetty Marlina
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.v13i5.1150

Abstract

Agricultural land lease agreements with a harvest season payment system are a custom practiced by farmers in Namu Terasi Village, Sei Bingei Subdistrict, Langkat Regency. The residents of this village primarily work as farmers to sustain their livelihoods, although not all possess extensive land. Consequently, farmers in Namu Terasi Village engage in agricultural land leases with a harvest season payment system. However, some tenants fail to pay the rent within the agreed time frame, often avoiding the landowner's attempts to collect payment. In extreme cases, tenants have left the area with no known whereabouts, thus resulting in a breach of contract. This research, categorized as field research or empirical legal research, is based on primary and secondary data sources. Findings indicate that leasing agricultural land with the harvest season payment model has become customary among farmers in Namu Terasi Village, particularly for irrigated lands primarily used for rice cultivation. Lease agreements are typically conducted orally due to family connections and shared community ties. This payment system, structured around the harvest season, offers convenience to the tenant. While this lease arrangement aligns with the Civil Code’s legal contract requirements, the harvest-based payment method falls outside its purview, relying instead on mutual agreement. Should a tenant default on their obligations, they are required to compensate for any incurred costs, losses, and interest. To prevent similar issues, future lease agreements should ideally be documented in writing to ensure both parties are accountable for their respective rights and obligations
The Construction of Corporate Fault related to Corporate Criminal Liability in the New Criminal Code: Implications and Formulation Sanathana Ishwara, Ade Sathya
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.v13i5.1151

Abstract

 On January 6, 2023, President Joko Widodo signed a new Penal Code (Law No. 1/2023) regulating corporate criminal liability in Indonesia, introducing significant changes in corporate criminal law. This regulation alters the definition, subjects, conditions of liability, justifications, and sanctions for corporations. The aim of this research is to identify the implications of the construction of corporate fault in the new Penal Code on corporate criminal liability in Indonesia and to formulate appropriate criminal sanctions based on this construction. The research employs a normative legal method with a legislative approach to analyze the construction of corporate fault in Law No. 1/2023, affecting corporate criminal liability in Indonesia. Data is gathered from legal texts, court decisions, legal literature, and analyzed with a focus on the implications and formulation of suitable sanctions for corporations. The implications of the construction of corporate fault in the new Penal Code (Law No. 1/2023) on corporate criminal liability in Indonesia are highly significant, expanding the accountability of corporations and individuals involved in corporate criminal activities. Despite varying opinions on these changes, the implementation of the new Penal Code reflects the government's commitment to improving corporate governance, promoting legal compliance, and ensuring the protection of public interests. The formulation of appropriate and proportionate criminal sanctions should encompass various aspects, ranging from fines to rigorous monitoring, restitution, and corporate education, to foster a more ethical and sustainable business environment while maintaining fairness and legal certainty.
The Impact of Tax Policy on The Growth of Micro, Small, And Medium En-terprises (MSMEs) In Indonesia Kertojoyo, Goei Elvian
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.v13i5.1152

Abstract

Micro, Small, and Medium Enterprises (MSMEs) contribute significantly to the Indonesian economy, accounting for 60% of GDP and 97% of jobs. However, this sector still faces challenges in taxation, particularly related to administration and tax burden. The government has implemented a final income tax policy of 0.5% as an effort to support MSMEs. The research uses a combination of normative juridical and qualitative empirical methods, with data collection through literature study, interviews with 30 MSME actors, surveys of 200 respondents, observation, and Focus Group Discussion. The research findings reveal that although tax policies have simplified the tax system for MSMEs, their implementation is still hindered by low levels of tax compliance and understanding. There is a need for policy refinement that is oriented towards the needs of MSMEs, as well as more intensive education and mentoring programs to support the growth of this sector
Legal Protection for Victims of Business Email Compromise Crimes Lie, Laksana Budiwiyono
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.v13i5.1153

Abstract

Business Email Compromise (BEC) is increasingly rampant in Indonesia, with significant impacts on financial losses and data security. This cybercrime exploits weaknesses in email systems and the lack of vigilance among companies to steal sensitive information. This research uses normative juridical methods and literature study to analyze the applicable legal framework, law enforcement processes, and protection efforts for BEC victims. The research results show that although Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) provide a legal basis, both have limitations in specifically addressing BEC. Law enforcement faces challenges in terms of digital evidence and perpetrators who often operate abroad. To enhance legal protection for victims, it is recommended to revise regulations, strengthen law enforcement capacities, and undertake prevention efforts through public education and cooperation with the private sector
Criminal Acts of Threats by Debt Collectors Against Debtors in the Per-spective of the Criminal Code and Islamic Criminal Law Ahmad Assyura, Afifuddin Salim; Mukhsin, Abd.
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.v13i5.1156

Abstract

Criminal acts of threats by debt collectors against debtors are a significant issue in the context of criminal law in Indonesia. This study aims to analyze legal provisions regarding criminal acts of threats in the Criminal Code (KUHP) and from the perspective of Islamic criminal law. The research method used includes literature studies and case analysis. The results show that although the KUHP provides a comprehensive legal framework, its implementation is often ineffective due to weak oversight and law enforcement. Islamic criminal law offers a rigid approach but requires adaptation to modern legal contexts. Evaluations of threat cases by debt collectors reveal significant violations and insufficient protection for debtors. Recommendations for improvement include drafting more detailed regulations, enhancing oversight, and comprehensive legal education. The implementation of digital technology in debt collection is also suggested to increase transparency and accountability.
Criminal Liability for Online Gambling Promotion Perpetrators Through Sports Streaming Services According to Islamic Criminal Law Sumantoro, Nanda Bagus; Mukhsin, Abd.
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.v13i5.1157

Abstract

This article discusses the criminal responsibility of individuals promoting online gambling through sports streaming services according to Islamic criminal law and positive law in Indonesia. The background of the problem includes the obligation of streaming service providers to monitor and control promotional content that violates the law and the criminal liabilities that may be imposed on them. The aim of this study is to analyze the mechanisms of content monitoring and control in both positive law and Islamic law, and compare them with regulations in other countries. The method used includes literature review and case analysis. The results indicate that Islamic criminal law prohibits gambling with severe penalties for both perpetrators and facilitators, while Indonesian positive law through the Penal Code and the ITE Law also prohibits online gambling promotion, requiring platform providers to moderate content. However, legal implementation faces technical challenges in detection and enforcement. In conclusion, there is a need for enhanced monitoring systems and stricter law enforcement, along with closer collaboration between service providers and legal authorities to effectively prevent online gambling promotion
The Law on Using Pawned Goods Without the Owner's Permission Perspec-tive of Dsn Fatwa Number 25/Dsn-Mui/Iii/2002 Concerning Rahn (Case Study of Sipolu-Polu Village, Panyabungan District, Mandailing Natal Regency) Siregar, Habibulloh; Zuhri, Ahmad
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.v13i5.1158

Abstract

Pawning is permitted in Islamic law. In Islam, pawning is a contract that has the principle of mutual assistance that does not seek profit. Pawned goods or also called marhun are collateral or ransom goods to obtain loans. The use of pawned goods that occurred in Sipolu-polu Village is that the pawned goods are used by employees of the recipient of the pawned goods. The occurrence of the use of pawned goods is very interesting to study. Therefore, the purpose of this study is to determine the law on the use of pawned goods by the recipient of the pawned goods in Sipolu-polu Village. This research method uses qualitative with a descriptive approach and to obtain data, the author conducted observations and interviews with the intention of knowing and observing directly about the law on using pawned goods without the owner's permission that occurs in the Sipolu-polu Village community. The results of the study stated that the law on the use of pawned goods without the owner's permission in Sipolu-polu Village is not allowed or haram according to DSN-MUI Fatwa Number 25/III/2002 because the murtahin may not take advantage of the pawned goods without the permission of the rahin. This is based on the fact that in a pawn the principal agreement is a debt, and in a debt, what applies is the principle of mutual assistance (ta'awun) and not seeking profit

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