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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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How are the dynamics of village regulations related to preserving local wisdom and community culture? Consistency in laws and regulations in Indonesia Nurfurkon, Ardika
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Village regulations are often not consistent with higher laws and regulations, so some villages still face the dilemma of carrying out their role in maintaining local wisdom and community culture amidst the pressures and demands of increasingly complex times. This research aims to show the dynamics of village regulations, especially in maintaining the local wisdom and culture of village communities and their consistency in statutory regulations. This research uses a normative research method that studies relevant laws and regulations, including Law Number 6 of 2014 concerning Villages. Researchers found the strategic role of village regulations in preserving local wisdom and community culture, consistency in village regulations in statutory regulations and challenges to the existence of village regulations in supporting the preservation of local wisdom and village community culture. This is strengthened by the legitimacy regulated in Law Number 6 of 2014 concerning Villages, providing a strong legal basis for villages to regulate and carry out affairs that are beneficial to local communities.
Judicial Review and Civil Society Oversight: Synergy in Realizing a Demo-cratic Constitutional Court (Study of Constitutional Court Decision Number 90/PUU-XXI/2023) Khilmi, Erfina Fuadatul
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1261

Abstract

The intervention of political power in judicial review has a significant impact on the constitutional court, which is considered to disrupt the independence of constitutional judges and the pattern of constitutional interpretation in line with power. Although, the resulting decision opens up opportunities for people's constitutional rights, it does not fully favour the power of the community as a counterweight in judicial review. The research method used is normative juridical with a conceptual approach, a statutory approach and a case approach to Constitutional Court Decision Number 90/PUU-XXI/2023. This study aims to analyze Judicial Review and civil society oversight that work together in realizing democratic judicial decisions in the midst of political forces that intervene in constitutional courts in Indonesia. The results show that in a judicial review that has been intervened by political forces, public access to the judicial review process has been controlled by political interests. Therefore, the importance of special arrangements regarding the amicus curiae mechanism of public participation is a form of democratic control in a state of law to provide opinions as additional considerations for judges which should be part of the formal procedures in judicial review. This is done while still ensuring the protection of the constitutional rights of the community actively and objectively in the decisions produced by the Constitutional Court.
Protection of Patient Data Confidentiality in Telemedicine Services In In-donesia: A Human Rights Perspective Ari Rama, Bagus Gede; Sawitri Nandari, Ni Putu; Mahadewi, Kadek Julia
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1238

Abstract

The growth of telemedicine in Indonesia has become an innovative solution to improve access to health services, especially in remote areas, but accompanied by an increased risk of leakage of sensitive patient data. This problem is exacerbated by the uneven implementation of data protection regulations, despite the implementation of the Personal Data Protection Law (PDP Law) of 2022, Minister of Health Regulation No. 20 of 2019, and provisions in the Health Law. This study uses a normative legal approach with analysis of legal documents, legal literature, and a study of secondary data related to data leakage incidents in the telemedicine sector. The discussion focused on reviewing the legal provisions that regulate explicit approval, transparency, and information security systems in the management of medical data, as well as analyzing the application of these norms in the field. Furthermore, this study integrates legal theories such as informational self-determination and contextual integrity, as carried out by leading experts (Warren & Brandeis, Solove, Westin, Nissenbaum, and Kuner), to assess the impact of data leaks on human rights, especially the right to privacy and protection of personal information. The results show that although regulations have been legally enforced, implementation constraints such as inequality in digital infrastructure, differences in legal interpretation at the local level, and cross-sector coordination are still major obstacles. Therefore, synergy between strict regulation and a multidisciplinary approach is urgently needed to ensure that telemedicine innovation goes hand in hand with full respect for human rights.
Legal certainty of internal regulations in health services in government hos-pitals Suryaningdiah, Daniek; Subekti, Subekti; Suyono, Yoyok Ucuk; Sidarta, Dudik Djaja
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1240

Abstract

The purpose of this study is to analyze and find out that Internal Regulations (Hospital ByLaws) in government hospitals in Indonesia meet the principles of legal certainty and harmonization between Internal Regulations (Hospital ByLaws) as well as higher regulations in the legal system related to health services in government-owned hospitals. The type of research applied is normative legal research using a statutory approach, a conceptual approach, and a comparative approach. The results of the analysis show that the inconsistency between Internal Regulations (Hospital ByLaws) and regulations that have a higher hierarchy can produce various legal consequences, such as decreased hospital accreditation, lawsuits from patients or medical personnel, and the risk of administrative sanctions. Thus, the hospital must carry out continuous evaluation and revision to ensure compliance with the latest regulations. Disagreements that are left can cause legal losses for both hospitals, medical personnel, and patients. Hospitals are at risk of losing accreditation, facing lawsuits, and experiencing administrative issues that can disrupt operations. In addition, inconsistencies can also disrupt public trust in the hospital
Legal review on termination of employment due to urgent misconduct Wahyudin, Hari; Prawesthi, Wahyu; Amiq, Bachrul; Marwiyah, Siti
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1242

Abstract

The research problems formulated in this study are: 1) How does Indonesian law regulate employment termination due to urgent violations and what are the criteria for violations that can be considered urgent and serve as grounds for employment termination? 2) Does Decision No. 9/Pdt.Sus-PHI/2023/PN.Pal issued by the Industrial Relations Court of Palu District Court aligns with the applicable legal provisions? This study aims to analyze and understand the legal implications of employment termination due to urgent violations. This research employs normative legal methods using statutory, case, and comparative approaches. The norms under Article 52 paragraphs (2) and (3) of Government Regulation No. 35 of 2021 provide that employers may terminate employment contracts without prior notice based on Employment Agreements, Company Regulations, and Collective Labor Agreements. However, there is no clear definition or criteria regarding what constitutes an urgent violation as stipulated in the explanatory provisions of Article 52 paragraph (2) of Government Regulation No. 35 of 2021. This research not only makes theoretical contributions to the development of legal science, but also practical contributions to the world of labor. By clarifying the definition of “urgent violations,” proposing regulatory improvements, as well as providing recommendations for employers, workers, and the government, this research can be the basis for a more just and sustainable labor policy
The Responsibility Of A Notary For Negligence In Handling Business Licensing Through Oss-Rba Sya’ban Tiar, Risvan; Sesung, Rusdianto
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1260

Abstract

Based on the results of the study, it can be concluded: First: With the granting of a power of attorney by a business actor to a notary, it clearly creates a legal relationship in which the notary acts on behalf of all the legal interests of the business actor, gives authority and responsibility, as well as gives birth to rights and obligations that arise between the two parties. A notary who carries out the business licensing process through the OSS system can be held accountable based on a power of attorney agreement that creates rights and obligations for the principal and the attorney. The responsibilities that arise are civil responsibility and moral responsibility related to the notary's code of ethics. Second, for the occurrence of typographical errors in the minutes of the deed, these errors can be corrected by making changes or by replacing, adding, crossing out, or inserting words. These changes may only be made to the contents of the deed, not at the beginning and end of the deed. The change is valid if it is initialed or given other validation marks by the signer, witness, and notary. The notary's responsibility for the occurrence of typographical errors in the minutes of the deed that have been issued copies is to directly make changes to the draft of the deed by reprinting it if the facing is still available and there is office equipment to support it. However, if the appearers are no longer present before the notary, the notary must contact the appearers again to make improvements to the deed (not changes)
Juridical review of the decision of the constitutional court number 70/phpu.bup-xxiii/2025 re-voting of the serang regency election Hibar, Ujang; Wahyudi, Wahyudi; Asnawi, Asnawi; Saepudin, Eli Apud
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1264

Abstract

Constitutional Court Decision Number 70/PHPU.BUP-XXIII/2025 is a response to the dispute over the results of the 2024 Serang Regency Regional Head Election (Pilkada), which was marked by allegations of structured, systematic, and massive (TSM) election violations. The violations included the involvement of state officials, such as the Minister of Villages and Disadvantaged Regions Development, as well as open support from village heads for one candidate pair. This study aims to examine the legal basis and juridical considerations of the Constitutional Court in deciding to order a re-voting (PSU) in all polling stations (TPS) in Serang Regency. The method used is a normative juridical approach with analysis of laws and regulations, decision documents, and election law literature. The results of the study show that the Court consistently upholds the principles of electoral justice by making integrity and neutrality the main foundation in organizing Pilkada. This decision is also an important precedent in maintaining the quality of local democracy and emphasizing the limits to power intervention in electoral contestation
Legal Implications of Trademark License Revocation on the Trademark Licensee Assari, Elsa; Murtadho, Achmad; Mufarochah, Sylvia; Putri, Febri Falisa
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1265

Abstract

The purpose of this research article is to identify and analyze the legal consequences arising from the cancellation of registered trademark rights, as well as to examine the legal protection available to trademark licensees when the original trademark rights have been removed from the General Register of Trademarks. This study employs a normative legal research method, focusing on statutory regulations and judicial decisions. The findings indicate that the cancellation of a registered trademark results in the removal of the trademark from the General Register, the loss of legal protection, legal implications for the licensee, and potential losses for the trademark holder. Legal protection for trademark rights includes sanctions against trademark infringements, which may consist of deletion and cancellation sanctions, compensation, injunctions against further use of the trademark, and additional sanctions, including possible criminal penalties. Liability sanctions are often imposed on trademark registration applicants who have acted in bad faith.
Reconstruction of Consumer Protection Regarding the Provision of Halal Features in the Marketplace from the Perspective of Maqashid Syariah Pangaribuan, Rohid Ramadani; Permata, Cahaya
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1272

Abstract

Consumer protection in the marketplace is an important issue along with the increase in digital transactions in Indonesia. One aspect that needs to be considered is the provision of halal features on the marketplace to ensure that the products sold are in accordance with sharia principles. This study aims to analyze the regulation of halal features in the marketplace as well as the concept of consumer protection based on the perspective of Maqashid Sharia. The research method used is an empirical legal method with a statute approach and a conceptual approach. The results of the study show that although regulations regarding halal product assurance have been regulated in Law Number 33 of 2014 concerning Halal Product Assurance, there are still many marketplace platforms that have not provided halal features in a transparent manner, so that it has the potential to cause asymmetric information for Muslim consumers. From the perspective of Maqashid Sharia, the absence of halal features in the marketplace can hinder the fulfillment of the principles of hifz al-din (maintaining religion), hifz al-nafs (preserving the soul), and hifz al-mal (preserving property). Therefore, it is necessary to strengthen regulations and the responsibility of marketplaces in providing halal information symmetrically to improve the protection of Muslim consumers and realize fair transactions in accordance with sharia principles
Legal Analysis of the Application of Restorative Justice in Corruption Cases Based on the Circular Letter of the Deputy Attorney General for Special Crimes Muhamad Nur, Newaldy Fatiha; Sunggara, M. Adystia; Pratama, M. Ilham Wira
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1273

Abstract

This study discusses the application of restorative justice principles in corruption cases based on Circular Letter of the Deputy Attorney General for Special Crimes Number B-765/F/FD/04/2018. The emergence of this policy is one of the alternative efforts to resolve small-scale corruption cases more efficiently, namely through the recovery of state losses without having to go through a lengthy legal process. This study aims to analyze the extent to which the principles of restorative justice have been applied and to identify various obstacles encountered in its implementation. The method used is normative legal research with a legislative and conceptual approach. The results of the study indicate that although this approach provides opportunities for faster recovery of state losses, its implementation still faces various obstacles, such as the lack of a strong legal basis in anti-corruption laws, concerns about abuse of authority, and resistance from the public because it is perceived as reducing the deterrent effect. Therefore, regulatory updates and strict oversight are needed to ensure that this policy is implemented fairly, transparently, and maintains the integrity of corruption eradication efforts

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