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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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The level of awareness of the community of Sibolga City and its surroundings about the Law on Child Protection Tanjung, Syamriansyah; sitepu, Rajin
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.918

Abstract

This research is motivated by the fact that the rate of convictions is high in cases of criminal acts of violence against children. Data from the Sibolga City District Court, whose jurisdiction covers Sibolga City and its surroundings, shows that there have been 143 cases of violence against children in the last 6 years. The aim of this research is to analyze the level of awareness of the people of Sibolga City and its surroundings regarding the Child Protection Law. The method used in the research is empirical legal research (sociology) to see the level of awareness of the people of Sibolga City and its surroundings regarding child protection laws. The approach taken in this research was by distributing questionnaires using Google Form with the results of 89 respondents consisting of 58.4% women and 41.6% men with various jobs such as 67.4% in the private sector, 30 civil servants/ASNs. .3% and the rest is BUMN/BUMD. The results of this research show that the level of knowledge of the people of Sibolga City and its surroundings regarding the Child Protection Law is 93.3% aware that there is a law regarding child protection, 93.3% know about the existence of children's rights, 93.3% of parents do not have committed violence in the form of discrimination, neglect, exploitation of children, and 97.8% have an advisory attitude, meaning they do not commit violence against children who are naughty, rebellious, truant from school, and like to disturb their friends. So the conclusion that can  be drawn from this research is that there is no correlation between the high level of violence against children that occurs and the level of legal awareness of the people of Sibolga City and its surroundings
Juridical analysis of the rights of workers who are terminated due to refusal of mutation in terms of law no. 13 of 2003 concerning labor manpower Sunarto, Atika; Efendi, Stanley A.; Adnan, Ali; Kelly, Kelly
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.920

Abstract

Workers in Indonesia have the right to reject mutations, as stated in Article 32 paragraph (1) letter b of Labor Law No. 13 of 2003. This provision allows workers to refuse changes in employment conditions, including relocation, if these alterations violate employment agreements, company rules, or legal statutes. The research, following a normative approach and using secondary data sources, highlights that workers can refer to Articles 31 and 32 to assess the compatibility of mutations with existing regulations. Termination of employment, as defined in Article 1 Point 25 of the Labor Law, can occur due to specific events resulting in the cession of rights and obligations between workers and employers. Rejection of mutations may lead to termination, according to Article 161 of Law No. 13 of 2003, with a mandatory issuance of warning letters. Disputes can be resolved through the Industrial Relations Court or alternative mechanisms, including Bipartite, Tripartite, Mediation, Conciliation, and Arbitration. If out-of-court attempts fail, the Industrial Relations Court serves as the final resolution step, involving filing a lawsuit and examination procedures in the local court
Legal Accountability for Police Members Involved in Narcotics Crimes Romdoni, Muhamad
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.921

Abstract

This writing aims to determine the factors that cause Polri members to be involved in narcotics crimes and the legal accountability of individual Polri members who are proven to have committed narcotics crimes. The writing emphasizes normative law, with the data source being secondary data. The conclusions obtained are as follows: First, the factors that cause members of the National Police to be involved in criminal acts are personal, the environment, the economy, and weak internal supervision from the National Police. Second, members of the National Police proven to be involved in narcotics crimes can be held legally accountable through administrative sanctions in the form of dismissal for violating the code of ethics. Criminal liability can be sought in the form of a prison sentence by the provisions of Law Number 35 of 2009 concerning Narcotics.
The Effectiveness of Resource Utilization In Suparvision At Taka Bonerate Natinal Park Awlia Aslim, Ahmad Difa; Ibrahim, Muh. Akmal; Rusdi, Muhammad
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.922

Abstract

The utilization of resources in national parks is a subject that is deep and complex, depicting diverse dynamics between environmental protection, economic sustainability, and human recreational needs. As areas considered symbols of natural preservation, national parks often become focal points of debate on how to manage natural resources wisely without sacrificing human needs or damaging fragile ecosystems. From water and energy usage to tourism activities and forest management, national parks provide a unique stage where various interests compete and interact with each other. The data collection methods used are field research in the form of interviews and observations. The types of data obtained are primary and secondary data. The results of this research indicate that resource utilization in supervision at Taka Bonerate National Park is a crucial factor in maintaining environmental sustainability in the region. With the appropriate indicator tools, national park managers can monitor and manage the use of natural resources efficiently and sustainably. Efforts made by the park's superintendent and management team, including increasing the number of field officers, utilizing technology, and collaborating with the local community, contribute positively to enhancing human and material resource utilization in supervision. However, obstacles and challenges such as limited human resources, difficult regional accessibility, and conflicts with the local community remain challenges that need to be overcome. With the right strategies, managers can overcome these obstacles and improve the effectiveness of resource utilization in supervision, thus ensuring the sustainable preservation of the Taka Bonerate National Park environment.
International Dispute Settlement Of Montara Oil Spill On Timor Sea Pollu-tion Maulana Pasya, Muhammad Nuha
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.923

Abstract

The environment is a very important aspect of human life. In its development, the environment is often used by humans as a basis for human life in fulfilling their daily needs. Humans see the environment as one of the resources that can be utilized. Petroleum is a natural resource produced from fossils that were buried millions of years ago. In the process of exploiting petroleum, of course, it cannot be separated from some of the risks that will be faced. The case of the explosion of the oil rig in Montana Australia, owned by the oil company Petroleum Exploration and Production Authority Australia or (PTTEP). The explosion of the oil rig has an impact on pollution of the marine environment in this case related to state borders, for this reason, international legal classification is needed in dealing with the dispute. In framing the journal entitled International Dispute Resolution of the Motara Oil Spill Against Timor Sea Pollution using qualitative research with a constructivist paradigm approach. From this research, it can be concluded that the dispute resolution process between the two parties, namely Indonesia and PTTEP, uses a class action lawsuit and is based on International Law contained in the 1982 United Nations Convention on the Law of the Sea in the form of absolute responsibility for the Austrian government because it is the owner of the sovereign territory on the rig and is also reinforced by the granting of permits to PTTEP
The punishment of violence against children is reviewed from the perspective of the purpose of punishment Tavipah, Yani Brilyani
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.924

Abstract

Violence against children is a criminal act that needs attention currently in Indonesia. Cases of violence against children, especially sexual violence, are quite high and the perpetrators are people close to them or even family members, requiring harsher criminal measures through the Child Protection Law. It is hoped that imposing high or serious penalties in resolving cases of violence against children can reduce the occurrence of violence against children in the future. The type of research used in this writing is analytical descriptive, by describing the problem of violence against children that occurs in Indonesia and then analyzing it based on relevant theories. The data used is secondary data; The data collection technique is carried out by searching for online data. The conclusion of this research is that the application of the Child Protection Law in resolving cases of violence against children by imposing heavy penalties has a strong basis, that punishment brings goodness, prevents worse incidents, and there is no other alternative for perpetrators of violence against children other than However, the imposition of serious criminal penalties is an effort to reduce the occurrence of criminal acts of violence against children. So far this has not been successful in reducing the current rate of violence against children, other efforts are needed that can support the realization of the objectives of this punishment
Authority of Regional Government in Fulfilling Lactation Rooms in Office Area Subiyanto, Imam
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.926

Abstract

Breast milk is a crucial issue in the public domain and is of concern to many countries in achieving the Millennium Development Goals (MDGs) in the health sector. The government needs to support breastfeeding, one of which is by providing lactation rooms in public places, including office environments. This research aims to analyze the authority of local governments in providing lactation rooms in office environments based on Government Regulation Number 33 of 2012 concerning breastfeeding. The research method uses a normative legal approach based on Authority Theory, Rule of Law Theory and Welfare State Theory. Field findings concluded that the regional government's authority to provide lactation rooms in office environments is based on Government Regulation Number 33 of 2012 concerning breastfeeding related to basic services as regulated in Article 11 paragraph (2) of Law Number 23 of 2014 concerning Regional Government. Regional governments are expected to make regional regulations that specifically serve as a legal umbrella for providing lactation rooms because in general the government is responsible for establishing policies in the form of creating norms, standards, procedures and criteria to fulfill the provision of lactation rooms, especially in office environments
Juridical Review of the Impact of Law Enforcement on Environmental Damage and Sustainable Development in Jurisdiction in Medan City Mulyanda, Intan; Simanjuntak, Sahala D; Nazara, Berkat Firman Jaya; Berutu, Sigar P.
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.927

Abstract

 Juridical review of the impact of law enforcement on environmental damage and sustainable development in the jurisdiction of Medan city. The focus of the research raised is: 1) What is the impact of law enforcement of environmental damage on sustainable development in the city of Medan; How effective is the implementation of policies related to law enforcement against environmental damage in the city of Medan. Empirical normative methods were used in this study. In other words, this study uses empirical normative legal cases that are products of legal behavior, such as evaluating the implementation of credit agreements. The results of this study are: Knowing the impact of law enforcement of environmental damage on sustainable development in the city of Medan, knowing the effectiveness of policy implementation related to law enforcement against environmental damage in the city of Medan
Guarantee of Legal Protection for Child Laborers Regarding Types of Work and Working Hours in Accordance with Normative Rules Aini Suniaprily, Firstnandiar Glica; Ardhani Putri, Hanuring Ayu; Dewi, Nourma
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.928

Abstract

The problem now is, whether child labor is actually allowed in accordance with Law Number 35 of 2014 concerning Child Protection or based on Law Number 6 of 2023 concerning Employment Cluster Job Creation or whether there are exceptions to the arrangements for child labor It is necessary to pay attention to how the state pays attention to the problem of child labor, then we must also be observant of the factors that cause the rampant phenomenon of child labor in Indonesia.The type of research used is normative juridical legal research, said to be normative legal research because it uses primary data sourced from library data and laws and regulations. This research uses a statutory approach, namely an approach to examine the laws and regulations related to the protection of child labor. In addition to using a statutory approach, a literature approach is also used to collect secondary legal materials.Special laws to protect children's rights in Indonesia are contained in Law Number 35 of 2014 concerning Child Protection. The Law on Child Protection is a concrete form of affirmation of the legalization of children's rights derived from the Convention on the Rights of the Child and national legal norms. Based on Law Number 35 of 2014 concerning Child Protection and Law Number 13 of 2003 which has changed to Law Number 6 of 2023 concerning Employment Cluster Job Creation, it explains that children are actually allowed to work as long as they are in accordance with the criteria stated in the laws and regulations, more precisely regarding the rules for the type of work and appropriate working hours, and when a child works, they must meet the conditions that have been described as well
Finding a new direction for Indonesian democracy: analysis of limitations of the president's powers in the amendments to the constitution Agustina, Enny; Irvita, Misnah; Saharuddin, Saharuddin; I Rahim, Erman; Hidayat Muhtar, Mohamad
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.929

Abstract

The purpose of this study is to investigate the rationale and consequences of the strategy of reducing executive authority, particularly that of the president, that was incorporated into the Republic of Indonesia Constitution of 1945 (UUD 1945) via a series of modifications. To comprehend the modifications to the constitution, this study employs a normative or doctrinal approach, concentrating on the analysis of pertinent papers, reports, and literature. According to the findings, these amendments were implemented in reaction to calls for reform and democratization. They sought to build a more balanced system of government with strong principles of checks and balances among the executive, legislative, and judiciary, and they eliminated the sacred and static views of the 1945 Constitution during the New Order era. This embodies the shift in Indonesian governance from a top-down, autocratic system to a bottom-up, democratic one, where checks and balances on the presidency are put in place to forestall any return to autocracy and guarantee greater citizen input into policymaking

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