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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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Lawsuit Against the Regent of Mandailing Natal Over the Location Permit for Plasma Land from the Perspective of Fiqh Siyasah (Analysis Study of Ptun Decision Number 84/G/2018/Ptun.Mdn) Hamid, Ikmal; Firmansyah, Heri
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.v13i6.1203

Abstract

Land or territory is the main element of a country. In the perspective of fiqh siyasah, which regulates politics and government in Islam, land dispute cases on Batahan Plasma land as occurred in the case at the Medan PTUN can be seen as part of the leader's responsibility in maintaining justice and preventing conflict in society. The purpose of the study was to find out how the Lawsuit Against the Regent of Mandailing Natal Over the Location Permit for Plasma Land from the Perspective of Fiqh Siyasah (Analysis Study of Ptun Decision Number 84/G/2018/Ptun.Mdn). Research method, Normative Law research. The results of the study, PTUN Decision Number 84/G/2018/PTUN.MDN which granted the lawsuit against the Regent of Mandailing Natal regarding the location permit for Batahan Plasma Land shows the importance of the principles of legality, justice, and public interest in government administrative actions. The Medan PTUN assessed that the permit issued by the Regent was unlawful, not through a legitimate procedure. In the perspective of fiqh siyasah, this decision reflects an effort to uphold justice, transparency, and accountability, which is in line with the principles of social justice and public responsibility. This emphasizes the role of the court in ensuring that public policies are carried out for the public interest, not for the interests of individuals or certain groups. Accurate data certainly leads to transparency and minimizes the potential for fraud in the 2024 elections
The Role Of The State Towards Data Protection In The Use Of Artificial In-telligence Through The Cooperation Between Countries In Asean Gandawidjaja, Yanly; Bunawan, Petra; F. X. Purba, Christian Josua
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.v13i6.1205

Abstract

Cutting-edge technology, including Artificial Intelligence (AI), is essential for supporting human activities, automating tasks, and processing vast amounts of data. However, the use of AI raises concerns about data security, privacy, and the role of humans in legal decision-making. This study explores Indonesia's role in protecting personal data amidst AI advancements and its efforts to establish cross-border data protection cooperation within ASEAN. Using a normative juridical research method, this study examines legal aspects, literature, and case studies through conceptual, analytical, and case approaches, analyzing the data qualitatively. Indonesia ensures legal certainty in personal data protection through Law No. 27 of 2022 on Personal Data Protection. Additionally, Minister of Communication and Information Circular Letter No. 9 of 2023 on AI Ethics serves as a guideline for electronic system administrators to implement technology responsibly. At the regional level, Indonesia collaborates with ASEAN countries to address cross-border data protection. It participated in the formulation of the "ASEAN Framework on Personal Data Protection," which provides non-binding guidelines for member countries in drafting national regulations. Despite its non-obligatory nature, this framework's principles influence Indonesia’s approach to personal data protection and promote regional cooperation. Through bilateral, multilateral, and regional efforts, Indonesia seeks to enhance data protection and address challenges arising from AI integration in daily life
Legal Protection for Whistleblowers in Efforts to Disclose Drug Distribution Ridha NZ Lubis, Muhammad Rasyid; Nasution, Rasina Padeni
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.v13i6.1209

Abstract

Knowing and explaining the legal status of whistleblowers in Indonesia. Identifying and explaining the role of informants in resolving drug trafficking crimes in Indonesia. Exploring and explaining legal protection for drug crime reporters in Indonesia. The type of research used in this article uses regulatory research based on legal provisions related to the Narcotics Law No. 35 of 2009. Using a legislative approach. This approach is carried out by examining all existing legal provisions related to the problem (legal issue). In Indonesian law, a whistleblower or crime reporter is a person who reveals corruption cases or other crimes that occur in the workplace or community. They play an important role in preventing and exposing corruption and ensuring a fair and transparent legal system. The role of informants in resolving drug trafficking cases in Indonesia is very important to increase the effectiveness of law enforcement and reduce the negative impact of these crimes on society. Reporters can act as witnesses who provide information about drug crimes to law enforcement officers, allowing these crimes to be traced and eradicated. In some cases, informants have helped find and resolve drug crimes that were previously unknown to the authorities, thereby helping to increase the effectiveness of law enforcement in addressing the problem
Problems of Abortion Implementation in the Perspective of Indonesian and Thai Criminal Acts Damayanti, Miranda; Fajriyah, Nurul
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

Abortion is a complex and controversial issue involving legal, moral, and ethical aspects. This study aims to analyze the problems of implementing abortion from a criminal perspective in Indonesia and Thailand, as well as a review of Islamic law. The method used in this study is the normative legal research method. This study is theoretical and tends to use secondary data as the main source, such as laws and regulations, court decisions, legal journals, books, and related documents. The purpose of this study is to Analyze the Legal Regulations on Abortion from Indonesian Law and Law in Thailand, and to identify the Problems of Its Implementation. In the Indonesian context, abortion is regulated in Law No. 1 of 2023 and Law No. 36 of 2009 concerning Health, which permit abortion under certain conditions, such as medical emergencies and pregnancy due to rape, with strict time limits. Meanwhile, in Thailand, recent legal reforms allow abortion up to 12 weeks without conditions, reflecting a more liberal approach compared to Indonesia. From a Positive legal perspective, abortion is generally considered haram, but there are exceptions in emergency or hajat situations. This study found that there is a discrepancy between the positive laws in both countries regarding the time limits and conditions that allow abortion. This analysis is expected to provide a better understanding of the legal and ethical challenges in the practice of abortion, and encourage dialogue between positive law and religious values ??to achieve more just and sustainable solutions.
Validity and Reliability of the Agile Leadership Questionnaire Adaption: Indonesian Version Wijayanti, Brigitta Sonia; Susanto, Hery
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.v13i6.1211

Abstract

In the competitive advantage of individuals, some abilities need to be owned and have an essential role, such as the ability to lead. One way to develop this ability is through the application of Agile Leadership. Provide evidence of the reliability of the Agile Leadership Questionnaire adaptation with internal consistency between items using Cronbach-Alpha. The validity evidence of the Agile Leadership Questionnaire adaptation consists of content-based validity evidence using the Content Validity Index (CVI), and construct-based validity evidence using Confirmatory Factor Analysis (CFA). CFA evidence indicated a model that did not fit, as did after modification. Exploratory Factor Analysis (EFA) was conducted, and then reliability and validity evidence were re-conducted using the results of EFA. EFA is used to identify the latent structure underlying a set of variables. Reliability evidence uses SPSS 25 software, Confirmatory Factor Analysis (CFA) validity evidence uses JASP 0.15 software. The adaptation research for the Indonesian version of the Agile Leadership Questionnaire with 4 dimensions containing 15 items provides good reliability and construct validity results
Rejection of Cassation Application by The Supreme Judge Because The De-fendant Was Not Legally Proven To Have Committed A Criminal Act (Study Of Supreme Court Decision Number 2205k/Pid.Sus/2022) Habibi NST, Muhammad Riski; Panjaitan, Budi Sastra
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.v13i6.1212

Abstract

 The Supreme Court is the pinnacle of (legal) efforts in seeking justice through the judicial process, both as a cassation court and a court for judicial review. The Supreme Court in carrying out its judicial function does not always meet the expectations of justice seekers in particular, and the public in general. The method used in this writing is the normative legal approach method where the research conducted is by examining existing library materials (library research), which are related to the title being studied. The results of this study indicate that the Supreme Court's Cassation Decision No. 2205 K/Pid.Sus/2022, stated that it rejected the cassation from the Cassation Applicant/Public Prosecutor to the Corruption Eradication Commission, with the consideration that the Cassation Applicant/Public Prosecutor could not prove that the judex facti decision did not meet the provisions of Article 253 paragraph (1) letters a, b, c of Law Number 8 of 1981 concerning Criminal Procedure Law. The Public Prosecutor at the KPK filed an appeal in case number 2205k/Pid.Sus/2022, namely that 1) the reason for the Public Prosecutor's appeal was because the judex facti (District Court) was wrong in applying the law, the judex facti had tried the Defendant in the a quo case not in accordance with the applicable criminal procedure law, and the judex facti did not exceed its authority, 2) That the reason for the Public Prosecutor's appeal was basically regarding the judex facti not applying the law or applying the law improperly because the judex facti stated that the Defendant was proven to have committed a crime as charged by the Public Prosecutor.
Ferdinand Saussure's Semiotic Analysis of the Politicization of Social Assistance in the Film Dirty Vote Marzuki, Nur Rofifah; Sonni, Alem Febri; 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.v13i6.1213

Abstract

This study analyzes the politicization of social assistance in the film Dirty Vote using Ferdinand de Saussure's semiotic approach. The concept of signifier and signified is used to identify and interpret the visual and verbal signs presented in the film. The results of the analysis show that elements such as party symbols, dominant colors, budget graphs, and narrative scenes illustrate the close relationship between the distribution of social assistance and certain political agendas. Signifiers such as the overlay text "politicization of social assistance" and images of officials in the campaign reflect a systematic pattern that utilizes social assistance for electoral interests. The resulting signifiers reveal criticism of the abuse of power, the inequality of aid distribution, and its impact on public trust in the government. By understanding the sign system used, this study highlights the importance of public awareness of the issue of the politicization of social assistance in the context of democracy seen from the perspective of communication semiotics studies
Dismissal of State Civil Apparatus Without Pension Rights by the Head of BKN (Analysis Study of PTUN Decision NO: 85/G/2016/PTUN-BDG) Siyasah Qadhaiyyah Perspective Lestari, Widya Ayu; Ramadhani Batubara, Putri Eka
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.v13i6.1216

Abstract

The dismissal of State Civil Apparatus (ASN) without pension rights by the Head of the State Civil Service Agency (BKN) has raised complex legal issues, especially in the context of protecting ASN rights. This study aims to analyze the decision of the State Administrative Court (PTUN) Number: 85/G/2016/PTUN-BDG regarding the dismissal of ASN without pension rights and to assess the decision from the perspective of Siyasah Qadhaiyyah. Siyasah Qadhaiyyah, as one of the branches of science in Islamic fiqh that regulates public policy, provides a different perspective in assessing government policies, including in terms of dismissal of ASN. In this case, the Mayor's Decision Number 881/Kep.117-BKD/VI/2016 concerning the implementation of the Decree of the Head of BKN No. 04755/01/Kep/BHT/TT/2002 is also an important issue, considering that the Mayor's decision is based on the rules issued by the Head of BKN. This analysis shows that there is a discrepancy between the administrative decisions taken by the Head of BKN and the Mayor with the principles of justice in Siyasah Qadhaiyyah, which requires the protection of individual rights, including ASN pension rights. This article aims to provide recommendations regarding a more equitable ASN dismissal policy, by considering broader legal and policy principles
Fighting Corruption Through Tax Administration Reform: Vietnam Case Study Le thi, Thao
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.772

Abstract

Corruption in tax administration is attracting much attention worldwide due to its strong negative impact on economic activity, especially impact on tax revenue and budget deficit. Corruption erodes trust and causes loss of state budget revenue, especially in the tax field. In the process of digital transformation with many reforms in the tax administration mechanism in Vietnam, corruption in tax administration has been somewhat limited. This study is based on political and legal analysis by normative method or theoretical legal research, taking Vietnam as research evidence. On the basis of the current status of Vietnam's tax administration mechanism in the past time, identifying corrupt acts in the tax administration process through tax management practices, the research results show that tax administration with current The modernization of tax administration is the basic basis to limit corruption in the tax field. With the reform of tax administration by simplifying tax processes and procedures, reducing the arbitrary situation and abuse of tax laws by tax officials, transferring the entire tax collection function to modern tax management - a modern tax administration is needed to keep up with the growing trend. the complexity of the operations of companies in the age of globalization.
Legal Protection Of Consumers Due To Breach In The Buying Of Housing Widiarty, Wiwik Sri
LEGAL BRIEF Vol. 12 No. 4 (2023): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i4.839

Abstract

Housing sale-purchase transactions are complex activities and are prone to default. The purpose of this research is to analyze the legal protection of consumers who experience defaults in housing sales and purchase transactions. This research uses normative legal research methods. The data collection technique in this research is done through literature study. The data is collected through a search of legal literature, laws and regulations related to housing sales and consumer protection, as well as court decisions relevant to cases of default in housing sales. The data sources used include books, scientific journals, articles, legal documents, and court decisions. The data collected is analyzed qualitatively using the content analysis method. The results show that the legal protection of consumers due to default in the sale and purchase of housing is in the form of contract law and consumer protection law. Legal efforts that can be made by the consumer if the perpetrator or seller of housing does not fulfill its obligations are by filing a lawsuit for compensation, mediation and arbitration based on default.

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