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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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Inspectorate Organizational Capacity in Central Mamuju Regency AM. Nur , Sri Megawati; Nara, Nurdin
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.v13i5.1178

Abstract

This study aims to analyze the organizational capacity of the Inspectorate of Central Mamuju Regency in carrying out its supervisory and audit functions. The method used is a descriptive qualitative approach with data collected through interviews, observations, and documentation. The results of the study indicate that the capacity of human resources, infrastructure, technology, and strategic leadership play an important role in the effectiveness of supervision. Although the Inspectorate has implemented a good system, challenges such as the lack of qualified auditors and budget constraints still exist. This study recommends strengthening organizational capacity through improving human resources and adopting technology to support government transparency and accountability
A Comparative Research Of Water Resources Protection Between Indonesia And Pakistan Febrina Heryanti; Adi Gunawan; Sapto Wahyono; Ach. Rifai; Sofianto; Safitri Wulandari
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

Viewed from the legal aspect, the government’s attention to water resources can be seen from the management, sustainable water resource development, and public participation principles. This research discussed these three aspects by adding the advantages and disadvantages of water resource management in Pakistan. This research was library research with a legislative approach and using comparative research. The research results showed that there were three aspects of water management in Indonesia. The first was the principle that water resources are part of Human Rights. Furthermore, water resources are an important part that cannot be separated from an environmentally friendly sustainable development strategy. Then, community participation was stated in Articles 2, 4, Articles 62, and 63 of Law 17 of 2019. Meanwhile, there were three basic aspects of the management of Pakistan’s water resources. First was the principle of Pakistan’s water management, which was stated in the country’s constitution in 1973 and adopted by the UN Resolution, which ensured fair and equal access to clean water and sanitation for all its citizens. The second aspect of sustainability of the Pakistani government was to establish a planting policy strategy with the concept of More Crops per Drop or more plants per drop, which was continued with national-scale technical actions. At the same time, the third aspect was in terms of public participation. The government stated it in the National Water Policy of 2018. The advantages of Pakistan’s water resource management law were based on Islamic law, the internationalization of water resource management, and the establishment of a special agency that deals with water resources. The weakness of the law was that Pakistan did not have a master law on water resource management that applied nationally. Secondly, there was no national legal update and a tiered water resource management structure that could cause national disparities between regions.
Criminal Law Enforcement Against Cyber Phising Perpetrators (Study of decision Number 85/Pid.Sus/2022/PN Bjb) Harahap, Amalia Zahra; Marpaung, Zaid Alfauza
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

Cyber ??phishing crimes are the result of technological advances that allow attacks without physical interaction. This problem is getting worse and is a serious threat to public safety. This study examines the phenomenon of theft and hacking of personal data in a digital context, especially related to cyber phishing violations. This study also evaluates the criminal law framework in Indonesia that regulates these crimes. The methodology used is normative law with a conceptual approach, namely analyzing written laws from library materials, and collecting data from academic literature. The analysis in this study refers to the provisions of the applicable laws. This study aims to determine how criminal law applies to phishing perpetrators in decision No.85/Pid.Sus/2022/PN.Bjb and, explore the relationship between this problem and the Criminal Code, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions and the Personal Data Protection Law. The results of the study discuss how the criminal law system deals with cybercrimes such as phishing, to overcome this crime problem, it is important to increase public awareness, provide education, and strengthen personal data security.
Criminal Law Regulations Against Cyber Harassment Perpetrators Through Social Media Ritonga, Amany Zuhairah; Marpaung, Zaid Alfauza
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to determine the criminal law regulations for perpetrators of cyber harassment through social media. Basically, problems that occur in society occur because of the reciprocal relationship that occurs due to the process of social interaction. Law Number 11 of 2008 con-cerning Information and Electronic Transactions (ITE) and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, shows the state's commitment to providing legal protection to its citizens, especially those who are victims of sexual violence. One form of sexual crime that is given protection is electronic-based sexual violence as stated in the provisions of Article 4 letter i. The research method used in normative legal research is commonly referred to as doctrinal legal research or library research. The research approach uses qualitative analysis, legal mate-rials in the form ofprimary, secondary and tertiary legal materials. The research results con-cluded that cyberharassment through social media is a problem that affects all levels of society. Social media users who become victims of Cyberharassment often suffer from serious psy-chological impacts such as Post-Traumatic Stress Disorder (PTSD). Victims can report through the Ministry of Communication and Information or law enforcement officers. Therefore, it is necessary to regulate the law for perpetrators of cyberharassment, so that there are no more victims of such actions.
Legal Protection for Minors Victims of Sexual Harassment or Rape at the Sukoharjo Police Department Iqbal, Muhammad; Junaidi, Amir; Zakaria, Hafid
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1187

Abstract

Children are God's creations that must be protected by each because of their limitations, one of which is legal protection for children to receive some kind of violence. Receiving child violence has a negative impact on the child's future. I wrote this to determine the need for legal protection for child victims of sexual abuse in accordance with applicable legal regulations. Therefore, the state provides legal protection, all children are bound by law Law Number 31 of 2014 concerning amendments to Law Number 13 of 2006 concerning the protection of children and victims Number 35 of 2014 to prevent violence and abuse against children
Legal Analysis of Exemption from Obstetrician's Duties from the Perspective of Fiqh Siyasah Qadhaiyyah (PTUN Study NO. 55/G/2023/MDN.) Meuraxa, Yulia Inshiroh; Suparmin, Sudirman
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1188

Abstract

The presence of Dr. Erwynson in the RDP was the reason for the Dairi Regent to impose a disciplinary penalty in the form of a 12-month dismissal from office, on the basis of alleged violation of Article 4 letter C of Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. Fiqh Siyasah Qadhaiyyah, which regulates the procedures for trial in Islamic law, emphasizes the principles of al-'adalah (justice) and al-maslahah (public interest). This study aims to analyze the Medan PTUN decision Number 55/G/2023/PTUN.MDN regarding the dismissal of Dr. Erwynson Saut Halomoan Simanjuntak by the Dairi Regent, with a normative legal approach through the Siyasah Qadhaiyyah perspective. This approach examines positive legal decisions and the principles of justice in Islam, especially regarding the authority of public officials to take administrative actions. The primary data used include PTUN decisions and relevant laws and regulations, while secondary data include legal literature and Fiqh Siyasah studies. The results of the study indicate that the dismissal of Dr. Erwynson is not in accordance with the principles of justice in both state administrative law and Islamic law. This study offers a critical view of the application of the principle of justice in administrative actions in Indonesia
Implementation of General Election Commission Regulations in Realizing Data Updating in East Kalimantan Province Kusuma, Aji Ratna; Saipul, Saipul; Sarifudin, Sarifudin; Cornelia, Geby; Rahim, Muhammad Nur
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1193

Abstract

The General Election Commission as an institution authorized to organize elections transparently, accountably, and in accordance with legal provisions. The accuracy and precision of data is a central element that determines the quality and fairness of elections. The KPU plays a role in ensuring that every citizen exercises their voting rights through a structured and tiered data updating process. This study aims to analyze the implementation of General Election Commission Regulation Number 7 of 2023 using the implementation model according to Edward III including communication, resources, disposition, and bureaucratic structure and see the inhibiting factors of its implementation. This research uses a qualitative descriptive method. The results showed that the implementation of KPU regulations has not run optimally in realizing data updating in East Kalimantan Province. There are findings in matching and research that clearly violate and are not in accordance with established regulations. This has an impact on the inaccuracy of the Permanent Voters List data. The KPU of East Kalimantan Province endeavors in the process of updating the DPT as the basis for election calculations. This accurate data certainly leads to transparency and minimizes the potential for fraud in the 2024 elections.
Political Party Strategies in Recruiting Prospective Mayor and Deputy Mayor Candidates of Tegal 2024 Fatkhi, Ariyandi Nur; Sutjiatmi, Sri; Sugiharto, Unggul
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1197

Abstract

Political recruitment is an important process in a democratic system, as it determines the figures who will lead the regional government. Various political parties are developing different strategies in this process, ranging from internal cadre recruitment to approaches towards external figures who are considered to have electoral appeal. This research uses a qualitative method with a descriptive approach, collecting data through in-depth interviews with the leaders of the PDIP, PKS, and Golkar political parties in Tegal City, as well as party documents related to the recruitment process. The theory used by the author employs the Political Recruitment theory from Gabriel Almond & Powel, which has two processes: open and closed. The theory is used to describe and analyze the recruitment patterns carried out by the three parties. The research results show that political parties adopt various strategies in recruiting candidates, such as strict selection through electability surveys, internal party consolidation to maintain unity, and collaboration with community groups to increase public support. Factors influencing recruitment strategies include the level of popularity, candidate acceptability, financial capability, and commitment to the party's vision and mission. This research concludes that the success of recruitment strategies does not only depend on the internal mechanisms of the party but also on the party's ability to adapt to the aspirations of the community and build a solid coalition
Advocates' Compliance and Challenges to the Implementation of e-Litigation in Divorce Cases at the Medan Religious Court Based on PERMA Number 1 of 2019 Hasibuan, Fatta Arbie Permadi; Lubis, Fauziah
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1198

Abstract

The implementation of e-Litigation regulated in Perma Number 1 of 2019 is a form of reform of the judicial system to improve efficiency, transparency, and accessibility of law in the digital era. Within this framework, the author determines the formulation of the problem to solve how compliance and obstacles and solutions in the implementation of e-Litigation in Divorce Cases at the Medan Religious Court Based on PERMA Number 1 of 2019, the purpose of this study is to Analyze advocate compliance with the implementation of e-Litigation according to PERMA Number 1 of 2019, Identify the challenges and obstacles of advocates in divorce cases through e-Litigation, Propose solutions to overcome obstacles in the implementation of e-Litigation at the Medan Religious Court. In this study, the author uses the empirical normative juridical research method. In this study, legal documents, field data, and various secondary data such as laws and regulations, court decisions, and legal theories are used. Advocates play a key role as legal assistants who are responsible for mastering electronic procedures, implementing professional ethics, and protecting client data. However, the implementation of this system faces several challenges, especially in divorce cases, such as gaps in technological infrastructure, parties’ unfamiliarity with the e-Litigation mechanism, and concerns regarding data security. This article highlights the strategic role of advocates in ensuring a fair and inclusive judicial process through e-Litigation. In addition, it is proposed to improve training, strengthen technological infrastructure, and develop supporting regulations to overcome existing obstacles. In conclusion, the success of e-Litigation is highly dependent on the synergy between technical readiness and the role of advocates in supporting technology-based access to justice
The Effect of Functional Interpersonal Communication Skills of Tax Exten-sion Officers on Improving Tax Reporting Compliance at the South Makassar Tax Service Office Maswar, Muhammad Azwar; Unde, Alimuddin; Arianto, Arianto
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1199

Abstract

This study aims to analyze and understand the level of functional interpersonal communication skills of tax extension workers, the level of taxpayer compliance, taxpayer awareness and the magnitude of the influence of the level of functional interpersonal communication skills of tax extension workers on the improvement of tax reporting compliance at the South Makassar Pratama Tax Service Office. This study uses a quantitative method using an interpersonal communication skills approach and data collection is carried out through the distribution of questionnaires. The variables tested were the influence of functional interpersonal communication skills of tax extension workers, understanding and awareness of taxpayers on increasing taxpayer compliance. The results of the study show that the level of functional interpersonal communication skills of tax extension workers, the level of understanding and the level of tax awareness simultaneously have a positive and significant effect on tax reporting compliance. This is marked by a calculated F value (21,712) greater than the F table (2.68) and a significance value of 0.000 less than 0.05 as the threshold of the set significance value. However, when tested partially, only one variable had a positive and significant effect on the improvement of tax compliance, namely the level of functional interpersonal communication skills of tax extension workers. Meanwhile, the variables of the level of understanding and awareness of taxpayers have a negative effect

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