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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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Judge's Considerations in Land Sale and Purchase Agreements Through Absolute Power of Attorney (Case Study of Denpasar District Court Decision Number 679/Pdt.G/2021/PN Dps Murtadho, Achmad; Assaris, Elsa
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.v13i1.950

Abstract

Civil Lawsuit Decision Number 679/Pdt.G/2021/PN.Dps which states that the Deed of Strengthening Sale and Purchase which is an Absolute Power of Attorney Deed made before a Notary is SAH and binding. This is contrary to the law of binding sale and purchase agreements which are often used by community, but the absolute power of attorney agreement in binding sale and purchase is also not specifically regulated in statutory regulations: how the judge considers the agreement to bind the sale and purchase of land through absolute power (Case Study of Denpasar District Court Decision Number 679/Pdt.G/2021/ PN Dps); This research uses a type of normative juridical research, namely research that focuses on examining the rules or norms in positive law; Civil Decision in Lawsuit Number 679/Pdt.G/2021/PN.Dps Provides legal considerations that because the payment of the land purchase price has been made in full by the buyer, the power of attorney used in PPJB Deed Number 32 and Power of Attorney to Sell Deed Number 33 cannot be categorized as a form of absolute power whose use is prohibited. Regarding PPJB which is paid in full, based on research results, this is one of the conditions that is absolutely mandatory to be fulfilled if the parties are to exercise absolute power in the Land PPJB. (Making PPJB Land which uses absolute power of attorney has also fulfilled its obligation to provide legal protection and certainty for the parties. The agreement between the parties to make an absolute power of attorney is made based on the principle of freedom of contract as regulated in Article 1338 of the Civil Code. The parties are free to arrange the agreement as they wish as long as This does not conflict with law and legislation, morals, decency, decency and religion, public interests (van openbare order. The granting of power of attorney which cannot be revoked is valid if the agreement which is the basis for the granting of power has valid legal reasons.
Human Resources Capacity Development at the Jeneponto Regency Community and Village Empowerment Office Wahyul, Ririn Anugrah; Haning, Muh. Thahir; Lambali, Suryadi
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.v13i1.951

Abstract

Human Resources capacity building is the process of improving the abilities, knowledge, skills, and attitudes of individuals and groups in an organization. The goal is to improve quality, productivity, and competitiveness in achieving certain goals. The purpose of this study was to determine and analyze Human Resource Capacity Development at the Jeneponto Regency Community and Village Empowerment Office. This research uses a type of qualitative research with a descriptive approach. Data collection techniques using observation instruments and in-depth interviews. With data analysis techniques, namely: Data condensation, Data Presentation and Conclusion Drawing. The results of this study indicate that the Jeneponto Regency Community and Village Empowerment Office should be appreciated for its continuous efforts in improving the quality of human resources through education and training, learning assignments, and promotions and awards. These efforts demonstrate the local government's commitment in realizing good and accountable village governance, as well as encouraging the progress and empowerment of village communities. With structured and sustainable efforts, the Jeneponto Regency Community and Village Empowerment Office can continue to improve the quality of human resources and realize quality, effective, and accountable village governance, for the progress and welfare of village communities
Juridical Review of Employment Agreements for Fixed and Indefinite Times from a UU Perspective No. 13 Year 2003 and UU Cipta Kerja (Case Study of the Verdict No.181/Pdt.Sus-Phi/2020/Pn.Mdn) Brahmana, Herman; Laras Samosir, Monica Cita; L. Tobing, Dina Ariani; Silaban, Joyce Shania
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

Abstract

There are two types of employment agreement formation, namely PKWTT and PKWT. However, in its application, PKWT by companies has several things that are contrary to the regulations in the Employment Law and work agreements, therefore regulations related to employment are still hampered by various problems, obstacles and challenges that need to be faced and require a resolution process through the courts. In this case, normative juridical research methods are used in this research. Primary, secondary and tertiary legal materials are used as research legal materials. The employment relationship between employers and workers is based on a work agreement which is based on Law Number 13 of 2003 concerning Employment and the Job Creation Law
Intelligence Analysis on the Threat of Illegal Imports in the Tanjung Balai Karimun Border Area Sari, Puspita; Riyanta, Stanislaus; Yoesgiantoro, Donny
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.v13i6.1136

Abstract

This study aims to analyze the threat of illegal imports in the Tanjung Balai Karimun border area, which has a strategic location in the Malacca Strait and is vulnerable to smuggling activities. Illegal imports are a serious problem that can disrupt economic, social, and political stability, with impacts in the form of loss of state revenue, circulation of dangerous goods, and threats to privacy. The research method used is a qualitative approach with in-depth interviews, direct observation, and analysis of official documents, such as Customs data enforcement. The results of the study are expected to provide strategic recommendations to strengthen national border control policies and improve regional cooperation to maintain security and stability in the Tanjung Balai Karimun border area
Reconceptualisation of Restorative Justice Approach For Peaceful Dispute Resolution Soleh, Mukhammad; Santoso, Sigid Budi; Utami, Wiwik; B, Ainu Rofiq; Ayuni, Sinda Eria
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.v13i6.1138

Abstract

People living in a community have a devoted hope of living in a peaceful environment free from conflict and harmonious social relationships. This dream must be realised via action, determination, and willpower. This project aims to rethink the administration of criminal justice by using Restorative Justice in a straightforward, quick, and cost-free manner. The method used is the normative legal research method because it analyses legal norms that are unclear and inconsistent between one norm and another that regulates restorative justice. The data used is secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials, how to obtain legal materials using literature study, analysis of legal materials using qualitative legal analysis using interpretation. Results of the study: The new concept of a simple, fast, and free restorative justice approach in handling minor crimes, namely, carried out by the Head of the Sector Police, the Head of the Resort Police, and the Head of the Regional Police after receiving a peace statement signed by the perpetrator, victim, the perpetrator's family and the victim's family as well as community leaders and investigators who are mediators or facilitators of peace. They were continued by issuing a Letter of Termination of Investigation (SP3).
Analysis of Customary Forest Legal Arrangements Post Constitutional Court Decision No. 35/2012 Jemarut, Wihelmus; B , Kornelia Webliana
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.v13i6.1141

Abstract

The objective of this article is to examine the legal framework governing customary forests in the wake of the Constitutional Court's Decision No. 35 of 2012. Does the legislation contravene any established legal principles? What are the consequences of this decision? The research method employed is normative, with a conceptual and legislative approach. The findings of the study demonstrate that the legal regulations pertaining to customary forests subsequent to Constitutional Court Decision No. 35 of 2012 are not in accordance with the established legal hierarchy structure. This has an impact on the legal certainty of regulations on customary forests. One of the problems caused by the above is that the regulations on Customary Law Communities rights in the three ministerial regulations continue to change and have the potential to deviate from the spirit of Constitutional Court Decision No. 35 of 2012. As a result, the authority and rights of MHA over Customary Forests could be more explicit and are likely to always change when there is a change of minister. The results of this study make two (two) recommendations. First, legal regulations on Customary Forests must be addressed when preparing and discussing the Customary Law Community Bill. Second, there must be an explanation or proper interpretation of MHA rights over Customary Forests as intended in Constitutional Court Decision No. 35 of 2012
Strengthening Legal Protection of Children's Right to Supplementary Food as a Strategic Effort for Stunting Prevention Riyanto, Ontran Sumantri; Fuad, Fuad
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.v13i6.1167

Abstract

Stunting prevention is a priority in improving children's health quality in Indonesia. Stunting, caused by malnutrition, impacts both the physical and mental development of children, potentially diminishing their quality of life. As a country that has ratified the Convention on the Rights of the Child, Indonesia is obligated to ensure that every child has the right to a healthy life, including access to adequate nutrition. This study aims to analyze the strategic efforts undertaken by the Indonesian government to prevent stunting. The research employs a qualitative method with a case study approach and descriptive analysis. Data are obtained through a literature review of relevant sources. This approach is used to describe and analyze the policies implemented by the Indonesian government to address stunting. The findings indicate that although regulations exist to support children's rights to nutritious food, their implementation faces various challenges, such as weak coordination between agencies and insufficient adherence to established standards. More robust law enforcement and enhanced legal capacity at the local level are crucial to ensuring the success of these policies. In conclusion, strengthening legal protection through stricter regulations and more effective monitoring will create an environment conducive to children's growth and development, thereby preventing stunting on a broader scale. This study recommends further collaboration among institutions and raising public awareness about the importance of nutritious food for children.
Legal Protection For Consumers In After-Sale Services For The Use Of Electronic Products Ripamole, Bebi Sartika; Kantikha, I Made; Markoni, Markoni; Subiyakto, Achmad Edi
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.v13i6.1217

Abstract

The development of technology in the field of electronics is progressing rapidly. The high demand from consumers for electronic products creates an opportunity for business actors to compete in producing and marketing electronic products. To ensure that the circulating electronic products meet the regulated standards, the government has established rules regarding after-sales services that must be provided by business operators. In practice, there are still consumers who feel disadvantaged by after-sales services, which include limited spare parts availability, unclear information, and complicated warranty claim processes. The purpose of this writing is to analyse the protection that can be provided to consumers for losses incurred after the use of electronic products and how to resolve disputes over the losses experienced. From the research conducted, it was found that consumers are entitled to compensation either in the form of a refund equivalent to the price of the product purchased or a replacement unit that is appropriate and similar to the consumer's product, as well as compensation for losses that may arise due to inadequate after-sales service. If the business operator fails to fulfil their obligations, the consumer can file a compensation claim against the business operator outside of court, namely through the BPSK, and if the BPSK resolution is unsatisfactory, the consumer can file their lawsuit through the general court. The conclusion drawn from this research includes the obligation of business operators to fulfil consumer rights for losses caused by inadequate after-sales service of electronic products, as well as the resolution actions that consumers can take to obtain their rights appropriately
Analysis of the Dusturiyah System on Community Participation in the 2024 Presidential Election Re-vote (Study at TPS 21, Sei Putih Tengah Village, Medan Petisah District Rizki Hsb, Nuryolanda; Marpaung, Zaid Alfauza
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.v13i6.1219

Abstract

This research was motivated by a discrepancy in determining the voter list for the 2024 general election at TPS 21, Sei Putih Tengah Subdistrict, Medan Petisah District. Due to this discrepancy, a revote (PSU) was carried out. The aim of this research is to find out how siyasah dusturiyah analyzes the community's participation in the 2024 presidential election re-voting at TPS 21, Sei Putih Tengah sub-district, Medan Petisah sub-district. This research uses empirical legal (sociological) research methods sourced from primary and secondary data, namely obtained directly from the community and official documents from the KPU, the Election Law, books and literature related to Siyasah Dusturiyah. The research results showed that of the 236 voter lists, only 108 people exercised their voting rights. This reflects a decline in voter participation due to various factors, such as distrust of the election process, political fatigue, or a lack of outreach regarding the importance of repeat voting. From Siyasah Dusturiyah's view, re-voting can strengthen the legitimacy of election results because this process ensures that the election runs are in accordance with the principles of fairness and openness. On the other hand, if re-voting is not carried out transparently, this could actually lead to distrust of election organizers.
Noodweer Exces in Self-Defense Perspective Positive Criminal Law and Islamic Criminal Law Fauzi, Muhammad; Zuhri, Ahmad
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.v13i6.1223

Abstract

The increase in criminal acts occurring nowadays has led some victims of crime to defend themselves when attacked by the perpetrators. Self-defense that has been carried out by someone sometimes exceeds the limits of what should be done. In this case, the perpetrator of self-defense is referred to as the crime of noodweer exces. The above issue makes the author want to examine and discuss the laws and sanctions for the perpetrators of noodweer exces. In this research, the author uses the normative legal research method with data collection techniques, namely library research, where the author examines and analyzes legal books, fiqh, the Criminal Code, and hadith. From the results of the research conducted, the author concludes that perpetrators of the crime of noodweer exces, according to the perspective of positive criminal law, cannot be punished, in accordance with the provisions of Article 49 paragraph (2). Meanwhile, in the perspective of Islamic criminal law, every perpetrator of the crime of noodweer exces will be subjected to qishas or may pay the specified diyat

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