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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
 69   70   71   72   73 
The Power of Evidence of a Land Sale and Purchase Agreement (PPJB) in Full in Civil Dispute Cases Shidqi, Sheehandea Talitha; Nursadi, Harsanto
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.v13i5.1159

Abstract

In daily practice, the implementation of this sale and purchase does not necessarily produce a sale and purchase agreement, but is carried out by making an agreement which is usually referred to as a Sale and Purchase Binding Agreement or PPJB. The use of PPJB in relation to the transfer of land rights is generally due to obstacles or unfulfilled requirements in land sale and purchase transactions. PPJB has the legal force of perfect and binding evidence because PPJB was made before a notary is included in an authentic deed. This article uses a juridical-normative research method, namely by examining the application of rules or regulations related to the issues discussed in this article. This article discusses the existence of legal loopholes that can harm buyers in using PPJB, one of which is caused by the lack of further regulation in legislation. From this article it can be concluded that PPJB can be the basis for the legal transfer of land rights which therefore has perfect evidentiary legal force in civil disputes
Review of Islamic Criminal Law on the Crime of Blasphemy (Case Study in Tebing Tinggi City) Rambe, Choirul Hamdan; Mukhsin, Abdul
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.v13i5.1164

Abstract

Freedom of religion is a human right that must be respected. In accordance with Article 28e, Paragraphs 1 and 2, of the 1945 Constitution, the Indonesian state provides freedom of religion and constitutional guarantees to its citizens. Social interaction is increasingly limitless due to the rapid development of technology and information. Currently, there are still many crimes committed through social media—also known as cyberspace—which are carried out via the internet. This includes online fraud, online prostitution, pornography, defamation, and even posting words that are hate speech in a religious context, namely blasphemy. One type of behavioral deviation and criminal act that is included in the realm of ethnicity, religion, race, and inter-group (SARA) is blasphemy. This study aims to collect reviews of Islamic criminal law regarding the violation of blasphemy in Tebing Tinggi. This study was conducted using normative legal research methods or library research. Primary and secondary data are the data sources used. In this study, the data collection used is documentation, which means facts and data contained in the text of laws or books related to the subject that has been examined by the author. This study found that, in Islamic criminal law, the crime of blasphemy can be likened to the crime of riddah and is punished according to the punishment of riddah, namely murder. On the other hand, in Indonesia, positive law also regulates blasphemy, especially Article 156a (KUHP), which stipulates that the legal sanction for perpetrators of blasphemy is a five-year prison sentence
Local Print Media Strategy to Maintain Market Existence in the Digital Era (Management of the “SUARA NTB” Newspaper in Lombok, West Nusa Tenggara) Hafizni, Moh.
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.v13i5.1165

Abstract

This study aims to determine the strategy used by the “SUARA NTB” newspaper to capture the market, maintain the local print media business, and determine the implementation of convergence. The study used a qualitative research methodology. The subjects of the study or informants were employees of the editorial staff of the “SUARA NTB” newspaper, who were selected based on purposive sampling techniques—data collection techniques through observation, interviews, and document searches. The results of this study indicate that the “SUARA NTB” newspaper has morphed from print media to online media, after previously producing content digitally. The “SUARA NTB” newspaper also applies media convergence or journalistic convergence to operate efficiently and maintain the increasingly competitive local media business in the digital era. The “SUARA NTB” newspaper expands its reader network by distributing content through digital or online media and social media by adopting the “The Long Tail” theory
Legal Consequences of a Sale and Purchase Deed Declared Void Due to an Unlawful Act (Decision Study Number: 2811 K/Pdt/2019) Lumban Tobing, Ruth Yiska; Purba, Hasim; Siregar, Mahmul
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.v13i5.1168

Abstract

This study examines the legal issues regarding the sale of collateral objects that are not bound by a deed of debt recognition, where in Decision No. 2811 K/Pdt/2019 there is a deed of sale and purchase issued as a guarantee of the return of rights. Through the normative legal research method, it was found that the sale of collateral objects based on a power of attorney to sell when the credit is in default is only valid if the debtor is proven to be in default and there is an agreement of the parties in accordance with Article 20 paragraphs (2) and (3) of the UUHT, while the power of attorney to sell made when the credit is binding is invalid because it is contrary to Law No. 4 of 1996 concerning Mortgage Rights and results in the cancellation of the power of attorney by law
Validity of Deed of Gift That Eliminates Heirs' Rights (Study of Sidoarjo Religious Court Decision No. 3937/Pdt.G/2021/PA.Sda Dated May 18, 2022 Ritonga, Arifin Syahputra; Purba, Hasim; Barus, Utary Maharany
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.v13i5.1169

Abstract

This study analyzes the validity of a deed of gift that eliminates the rights of heirs through a study of the Sidoarjo Religious Court Decision No. 3937/Pdt.G/2021/PA.Sda dated May 18, 2022. Using a normative legal research method with an analytical descriptive approach, this study examines three main problems: the position of the deed of gift in relation to the cancellation of the deed due to the loss of heirs' rights, legal protection for the recipient of the gift, and a legal analysis of the Sidoarjo Religious Court Decision No. 3937/Pdt.G/2021/PA.Sda. The results of the study indicate that a deed of gift that eliminates the rights of heirs does not have binding legal force and can be canceled through the Religious Court, legal protection for the recipient of the gift only applies if it does not exceed 1/3 of the assets or obtains the consent of the heirs, and the court decision in this case is considered inappropriate because it cancels 3/4 of the gift even though the recipient of the gift should still be entitled to 1/3 of the part according to the provisions of the Compilation of Islamic Law.
Scope of the Element of Trick in Arbitration Board Decisions in Indonesia Sijabat, Joshua Narwastu; Kamello, Tan; Sembiring, Rosnidar; Nasution, Abdul Haris
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.v13i5.1170

Abstract

This study aims to determine the scope of the element of deception in the cancellation of arbitration decisions after the Constitutional Court Decision No. 15/PUU-XII/2014. The type of research used in this study is normative legal research (normative juridical). The nature of the research is descriptive, which explains how to study problems in society, develop concepts, collect facts, but does not test hypotheses. The type of data used is secondary data in the form of legal materials. Legal materials are in the form of primary legal materials and secondary legal materials. Primary legal materials are authoritative legal materials. While secondary legal materials are in the form of all publications on law including textbooks, legal dictionaries, legal journals and comments on court decisions. By limiting the scope of the element of deception in the cancellation of arbitration decisions, it can provide justice for the disputing parties
Review of Islamic Criminal Law and Positive Regarding Combined Criminal Acts (Case Analysis Study of TNI AL Bintara Candidates in Padang) Ayu, Aina Putri; Marpaung, Zaid Alfauza
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.v13i5.1171

Abstract

This study aims to discuss the review of Islamic criminal law and national criminal law related to the combination of criminal acts in the case of prospective TNI AL NCO students in Padang, West Sumatra. This study applies the method of field legal research (legal research). The results of the study reveal that positive law adopts three theories that are combined in the concept of punishment, namely cumulative theory, absorption theory, and mixed theory. The three theories are listed in Articles 60 to 71 of the Criminal Code, regulating the combination of criminal acts of concursus idealis, concursus realis, and voortgezette handeling. The application of the combined theory of punishment in positive law is designed to comply with the principles of justice, benefit, and legal certainty. Conceptually, this idea has fundamental differences with Islamic criminal law. In positive law, various criminal acts carried out by one perpetrator are subject to one type of reward according to the provisions that the criminal acts are carried out in a close time or continuously, so that they are included in ongoing actions. This provision is looser than Islamic law, recognizing the imposition of one punishment for several acts if the acts have the same purpose. If they have different purposes, the perpetrator must be given the appropriate punishment with the type of criminal punishment that has been committed
Responsibility of Swimming Pool Managers for First Aid Standards from the Perspective of Mashlahah Mursalah Putri, Pramestia Andini; Hidayat, Rahmat
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.v13i5.1173

Abstract

One thing that needs to be considered in public spaces, such as swimming pools, is the availability of first aid, considering that accidents or things related to visitor safety are very important. Therefore, one thing that needs to be considered is how the first aid health services are in swimming pools, so the study aims to see the standards of first aid in swimming pools. The research method used is empirical juridical with data processing from interviews or direct field observations of 4 swimming pools. From this study it was found that only 2 swimming pools met the safety standard requirements because they provided complete health facilities and 2 more did not have complete health facilities, because safety standards in swimming pools are important based on the analysis of mashlahah mursalah
Law Enforcement Against Perpetrators of Diploma Forgery Crimes in the Jurisdiction of Samarinda Police Resort Ramadhanty, Nia Syafira; Lisi, Ivan Zairani; Syarifuddin , La
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

Abstract

Abstract: This study examines the enforcement of legal actions against perpetrators of diploma forgery crimes within the jurisdiction of the Samarinda Police Resort. Focusing on both procedural and substantive legal approaches, the research explores the implications of legal enforcement efforts in addressing document falsification as a criminal offense. Using normative juridical methods, the research highlights challenges faced by law enforcement in proving criminal intent and ensuring adequate penalties for deterrence. This research contributes to the discourse on improving criminal law systems in combating intellectual fraud while safeguarding the credibility of academic credentials. Keywords: Diploma Forgery; Legal Enforcement; Samarinda Police Resort; Criminal Law; and Law Deterrence.
Effectiveness of the Jemput Bola Program at the Population and Civil Regis-tration Service of Jeneponto Regency Maharani, Muh. Ilham Adhythama; Ahmad, Badu
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

Abstract

The Integrated Pickup Program is a public service innovation carried out by the Jeneponto Regency Population and Civil Registry Office as an effort to accelerate services in order to reach all people of Jeneponto Regency to get easy and fast services to take care of population document ownership. The target of this Integrated Pickup Program is all villages in Jeneponto Regency, the main focus of this Integrated Pickup Program is villages that still have a low percentage of population document ownership. The research method in this study uses a qualitative approach that explains objects according to the facts that occur in the field, this type of research uses a descriptive type that shows a picture of what happens in the field based on facts in the field. In addition, the purpose of the Integrated Pickup Program is to provide knowledge about the importance of recording population events. With this, the purpose of this study is to determine how effective the Integrated Pickup Program is which is analyzed using Duncan's effectiveness theory quoted by Richard M. Steers (1985:53) which includes, 1) achievement of goals, 2) integration, 3) adaptation.

Page 71 of 93 | Total Record : 921

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