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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 877 Documents
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Conflict Resolution of Remote Indigenous Communities (Overview of The Sociology Communication) R Willya Achmad W
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Conflict can be seen from two sides, it can be a weakness and a strength, the potential for conflict in remote indigenous communities is an old issue that cannot be resolved, conflict resolution from a sociological view of communication provides a new spirit that conflict can be controlled by means of interpersonal and intergroup approaches. This research method uses a literature study with a qualitative approach and data analysis using data reduction and data display. The results of the study explain that conflict resolution can work. When communicators approach traditional values ??that indigenous communities have and build trust between leaders, the dominant factor from the source of conflict is the struggle for power from the economy.
Analysis of Notary Deed as a Basic Reference to Evidence in Civil Law Sisca Ferawati Burhanuddin
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The law has regulated the making of a civil deed where in the process the authority of a notary in formulating the making of an authentic deed has obtained a legal position in the eyes of the law. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the function of a notary in the role of making an authentic deed can be accounted for based on the Civil Law Act regulated in Article 1868which states that an authentic deed is a deed made in a form determined by law by or before a public official authorized for that at the place where the deed was made. In addition, authentic deed evidence in civil law is said to have perfect and binding evidentiary power which cannot be denied by the judge's proving power in the trial process in court.
Legal Review of Regional Institutional Arrangements in the Provincial Government of West Sulawesi Moh. Aqib Razak; Abdul Razak; Zulkifly Aspan
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to determine and analyze the juridical urgency of structuring regional institutions and how the performance impact on the Provincial Government of West Sulawesi. This research was conducted in Mamuju Regency, West Sulawesi Province at the Office of the Governor of West Sulawesi Province, especially at the Organizational Bureau and the Legal Bureau of the Regional Secretariat of West Sulawesi Province. In this study, the author uses a normative research method, which focuses on written studies, namely, legislation, court decisions, legal theory, legal principles, legal principles, and can be in the form of scientific works of legal scholars (doctrine). The legal materials are analyzed using a statutory approach and a conceptual approach in order to obtain a systematic picture which is then further studied normatively using qualitative analysis techniques and then describes them according to the problem and then draws conclusions to determine the results. The results of the study show that: (1) Since the issuance of Permendagri No. 56 of 2019, the Provincial Government of West Sulawesi has made institutional arrangements for regional apparatus through Pergub No. 32 of 2020, the arrangement has merged the People's Welfare Bureau, and formed a new regional work unit, namely the Goods and Services Bureau and has changed the name of the Governance Bureau to the Government and People's Welfare Bureau. (2) In the arrangement of regional institutions of the West Sulawesi Provincial Government, As a result of this, the mandatory government affairs related to the land sector cannot be carried out because the Section has been merged and does not have an agency that oversees it.
Psychological Analysis of Students in The Inline Lecture Process at STIE Bina Karya Imelda Mardayanti
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The application of online learning is affected by social distancing in the world of education, especially among students, resulting in poor student health. As a result, students do not interact socially with the surrounding environment, reduce learning effectiveness and feel bored. This journal aims to provide an overview and analyze online learning models on the mental health of students affected by social disstanding. The research approach used is qualitative in the form of a Creswell model of literature. Data sources from online learning literature, Student mental health, COVID-19. Data collection techniques by conducting searches on related literature, both manually and digitally. The data analysis technique used the Moleong model analysis. The results show that online learning is not effective among students because students' mental health is disturbed by the application which currently plays an important role in the world of education but the application of the online learning system is not as easy as imagined, there are several aspects that must be met first.
The Influence Ethics on Corporate Crime Within The Scope Business Crime Novi Juli Rosani Zulkarnain
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The Influence of Business Ethics on Corporate Crime in the Scope of Business Crime". The corporate sector that is able to play a positive role in national development is the corporate sector which is a national asset and not a corporation which is only a burden and a parasite of society. This corporate sector group is a group that complies with business ethics, for example, adheres to good corporate governance, obeys the rules of the game of healthy business competition, and applicable laws and regulations. In other words, this positive role in national development refers to corporations that are able to practice the principles of business ethics and also the principles of good corporate governance in carrying out their business activities.There is a tendency to punish corporations more using the "Subsidiarity" principle, namely criminal law is placed in the position of"Ultimate Remedium". However, as an effort for the Deterrence Effect, for the punishment of corporations, it is possible to place criminal law as "PrimumRemedium", because corporate crimes can damage the joints of economic life and endanger the survival of a nation.
Problems and Dispute Resolution of Hongkong Market Development and Management Cooperation Novi Juli Rosani Zulkarnain
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Problem and Dispute Resolution of Hongkong Market Development and Management Coopertaion.Contract arrangements for places of business in the context of developing and managing the Hong Kong Market, when viewed from Article 1320 of the Civil Code, do not meet the first requirement, namely an agreement which is a subjective requirement. Because there is an element of error (dwaling, mistake). Because the authority of the Board of Directors based on the laws and regulations can make and sign contracts. Therefore, the contract can be canceled by referring to Articles 1266 and 1267 of the Civil Code, namely the cancellation is requested through a judge and the losses incurred as a result of the cancellation are calculated.The authority of PD.Pasar Kota Medan in making cooperation contracts has been fully granted by the legislation, the legal aspects that are the basis for the establishment of PD. Medan City Market, namely Law Number 5 of 1962 concerning Regional Enterprises, Law Number 32 of 2004 concerning Regional Government, Ministry of Home Affairs Number 50 of 1999 concerning BUMD Management.
Indonesian Legal Efforts in Ensuring the Protection of Victims of Child Trafficking in Indonesia Derry Angling Kesuma
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Child protection, as defined in Law No. 11 of 2012, cannot be divorced from the legal protection principle. Both were established in international legal documents and domestic law prior to the enactment of this law. This is a qualitative study employing a normative-descriptive method to legal analysis. Secondary data was gathered using the literature review approach by comparing current legal regulations and implementing these rules in the field to ascertain the meaning of the terminology used in the legislation. As a result of this research, it is clear that protecting victims of human trafficking might take the shape of abstract (indirect) or concrete protection (direct). Abstract Protection is a type of protection that can only be experienced or felt emotionally (psychologically), such as a sense of fulfillment (satisfaction). Meanwhile, concrete protection is a type of protection that provides tangible benefits, such as material or non-material presents.
Narcotics as a Transnational Organized Crime Bambang Sunaryo
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The increase in all human activities in various ways, especially in the world of technology and communication makes everything easier and more developed, one aspect that does not escape this convenience is international crime, especially in international drug abuse. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that narcotics abuse is a crime that will greatly impact all aspects of life, the increase in narcotics abuse in Indonesia is caused by an international trade system that has an impact on all lines. life is no exception for those who take advantage of this moment to commit an international crime with their motives and various ways of creating an organization that connects people from various countries, until the most common cases are drug crimes.
Implementation of The People's Service Program for Land Certificate in City of Tebing Tinggi Pandapotan Damanik
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The government through BPN has made a program for land registration, which can be marked by the Larasita Program. With the implementation of the Larasita Program in the City of Tebing Tinggi, it is expected to increase the registration of property rights to land in the City of Tebing Tinggi. In its implementation, the Larasita Program has not been successful in increasing the registration of land ownership rights in the City of Tebing Tinggi. This study uses an empirical juridical approach, with the research location in Tebing Tinggi City. A juridical approach is used to analyze various laws and regulations related to the implementation of the Larasita Program in the City of Tebing Tinggi. An empirical approach is used to analyze the law which is seen as the behavior of the people of Tebing Tinggi City who register property rights to land through the Larasita Program, which is patterned in people's lives, which always interact and relate in social aspects.Based on the research, it is known that the Larasita Program is regulated in the LBPNRI Perkaban. There are internal and external factors that influence the Larasita Program in the City of Tebing Tinggi, and efforts have been made by the BPN in the City of Tebing Tinggi so that the Larasita Program can be successful in increasing the registration of land rights in the City of Tebing Tinggi.
Traditional Criminal as a Form of Local Wisdom and Legal Reform in Indonesia Engla Puspita Haria
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

As one of the sovereign law countries, Indonesia has implemented a legal policy that has been rooted in and implemented since the Dutch colonial period. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the cu stomary system or customary criminal system is an embodiment and renewal of the criminal system and civil system, the concept of the customary law system itself focuses on the cultural values ??contained in the pattern of life of the Indonesian people, the importance of implementing the customary criminal system for the Indonesian government is an ideal of the nation which is reflected in the law and Pancasila as a guideline and identity of a nation, the customary law system itself is part of unwritten law and is seen as a companion law from criminal law and civil law as one of the laws that are authorized and carried out until the current government period.

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