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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 Legal Responsibility of Hospitals in Medical Malpractice Cases After the Issuance of the Health Law in 2023 Vitrianingsih, Yeni; Dwi Miarsa, Fajar Rachmad; Yahya, Dhofirul
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.v14i2.1274

Abstract

Medical malpractice has serious consequences for patients and creates a legal burden on hospitals as healthcare institutions. This article aims to analyze the form and limits of hospital legal responsibility in cases of medical malpractice based on a normative approach to laws and regulations in Indonesia, especially Law No. 17 of 2023 concerning Health and Government Regulation No. 28 of 2024 concerning Implementing Regulations of the Health Law. This research uses a normative qualitative method with a legislative and conceptual approach. The results of the study show that hospitals can be held held accountable civilly, criminally, and administratively, especially in the framework of vicarious liability, where the hospital is responsible for the actions of medical personnel under its authority. However, there are still weaknesses in the implementation of regulations and gaps between legal norms and field practice. Therefore, it is necessary to strengthen the supervision system, internal medical evaluation, and legal protection for patients and medical personnel
Rethinking Anti-Corruption Law Enforcement in Indonesia: A Critical Analysis of the Tom Lembong Case Romdoni, Muhamad; Nathasya, Nathasya
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.v14i2.1275

Abstract

Corruption remains a persistent and deeply rooted challenge within Indonesia’s legal and economic frameworks. It typically manifests through the intentional misuse of authority for personal or collective gain, often leading to substantial state financial losses. This study highlights the case of Thomas Trikasih Lembong (Tom Lembong), who allegedly issued a sugar import permit without following proper procedural protocols, particularly bypassing coordination meetings—an act that resulted in state losses exceeding IDR 578 billion. Despite occurring in 2016, significant delays in legal action—where one suspect was only apprehended in late 2024 and another in early 2025—underscore critical deficiencies in Indonesia’s legal enforcement mechanisms. Utilizing a normative juridical approach grounded in secondary data and analyzed through descriptive-analytical methods, this research demonstrates the urgency of reforming law enforcement practices. The prolonged impunity in high-profile corruption cases not only hampers justice but also erodes public trust in the rule of law. Therefore, systemic strengthening of Indonesia’s legal apparatus is imperative to ensure accountability and prevent future misuse of authority
Corporate Criminal Liability in the Social Security Organizing Agency Law Ningsih, Dwi Wachidiyah; Suyanto, Suyanto
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.v14i2.1276

Abstract

Employees who should be protected and given social security are often not provided by the corporation, but employees still have to work without any legal protection. This research aims to find out the form of corporate criminal liability in the Social Security Organizing Agency Law and the mechanism for applying sanctions in that law. This research uses normative legal research methods by examining laws and regulations, especially UUBPJS and other library materials related to Social Security Organizing Agency Law issues. The results showed that the Social Security Administration Law No.24 of 2011 does not regulate corporate criminal liability in matters of membership obligations, but corporations can be held criminally responsible if the collection of contributions does not run following the staging that has been determined for BPJS participants
Violence Prevention Policy in Higher Education: Comparative Study of Permendikbudristek Number 30 of 2021 and Number 55 of 2024 Nur Angraini, Peggy Dian Septi
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.v14i2.1278

Abstract

Education develops human resources. Higher education is prone to sexual violence. The response to sexual violence in higher education, the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek) issued Permendikbudristek Number 30 of 2021 to prevent and handle sexual violence and Permendikbudristek Number 55 of 2024 to prevent and handle violence. Normative legal research qualitative descriptive analysis of secondary data sources. Permendik-Budristek Number 30 of 2021 is limited to sexual violence, recruitment of long-term task forces with unclear positions, handling of violence in the implementation of Tridharma, unclear handling of cases not related to the implementation of Tridharma, and the budget is not yet detailed. Permendik-Budristek Number 55 of 2024 physical violence, mental violence, bullying, sexual violence, differences and intolerance, and policies related to violence. The recruitment of task forces clearly takes into account the lack of human resources, adding to the implementation of the Tridharma, violence mechanisms that are not related to the implementation of the Tridharma to other mechanisms, and budgets implemented by Universities. Universities must be safe from violence, citizens have the right to be free from differences, oppression, and violence. Maintaining the value of the University, the maximum potential for happiness is formed, comfortable and safe for learning work. If there is violence, the University must not allow it to be imposed sanctions so as not to increase violations
Social and Economic Mobility in the Indonesia-Timor Leste Border Area (Case Study in Motaain Region Belu Regency) Nino, Handrianus; Seran, Remigius; Binsasi, Heribertus
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.v14i2.1279

Abstract

This aims to study dynamic mobility social and economic communities in the Indonesia-East Timor border region with approach locality, which focuses on practices and relations daily public border in responding to national borders. With method qualitative and approach ethnographic, research This describes How identity, network social, and economic strategies constructed in room fluid and interactive borders. Research results show that the state borders are not only as entity administrative, but rather room negotiated social repetition in a way continuously by actor locals through activity cross border.
National Legal Development and the Rule of Law: A Comparative Study of Indonesian and South African Law Pratama, Amardyasta Galih
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.v14i2.1280

Abstract

Indonesia and South Africa are both countries that adhere to the principle of the rule of law, where the state is bound by and subject to the law. However, despite the similarity of this principle, the two countries show significant differences in how they conceptualize and formulate their constitutions, mainly due to their different historical, political and socio-cultural backgrounds. The main issue addressed in this research is how these different national contexts influenced the development and implementation of the constitutional rule of law in each country. This research aims to analyse the constitutional development of Indonesia and South Africa by examining the underlying philosophy, historical trajectory and structural design of each country's constitution. Using a historical and comparative approach, this research employs a literature review and descriptive qualitative methods to explore how the rule of law is embedded and operationalized in each constitutional system. The research seeks to show that the unique national experiences of Indonesia and South Africa played an important role in shaping their respective constitutional frameworks, and that these experiences influence how the rule of law is understood and implemented in practice
Consumer Protection Against Overclaims of SS Skin Skincare Product Composition, Ibnu Taimiyah's Perspective Hasibuan, Siti Erika Jumintan; Tarigan, Tetty Marlina
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.v14i2.1281

Abstract

This study examines consumer protection against overclaim practices in the marketing of SKINCARE SS Skin products from Ibn Taimiyah's perspective. Overclaim practices, such as excessive claims regarding the percentage of content or the use of prohibited claims, have the potential to harm consumers both materially and immaterially. This study uses a normative method with a statutory and conceptual regulatory approach. Data were collected through document studies and interviews, then analyzed descriptively qualitatively. The results of the Ibn Taimiyah perspective study, this practice is included in the category of gharar (fraud) and provides false information, which is contrary to the principle of justice in transactions, indicating that overclaim practices in the marketing of SKINCARE SS Skin products violate consumer rights and the obligations of business actors as regulated in Article 3 paragraph (2) of BPOM Regulation Number 3 of 2022, Article 3 of BPOM Regulation Number 32 of 2021, and the Consumer Protection Law. Losses caused by overclaim practices include material losses, such as money spent on unsuitable products, as well as immaterial losses, such as skin health problems and emotional disappointment. Therefore, business actors are required to be responsible for consumer losses in accordance with Articles 19-20 of the Consumer Protection Act, Articles 1365-1367 of the Civil Code, and the provisions of sanctions in BPOM Regulation Number 3 of 2022
Recommendations For Carbon Economic Value Governance Regulation: A Normative Analysis Of Carbon Trading In Indonesia Soeharso, Silverius Y; Sufiarina, Sufiarina; Chaniago, Jafar; Nursyamsudin, Nursyamsudin
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.v14i2.1282

Abstract

: This research examines the weaknesses of carbon trading regulations in Indonesia, particularly within the framework of Law Number 32 of 2009 on Environmental Protection and Management (UUPPLH) in the context of climate change mitigation. Indonesia, as a country that has ratified the Paris Agreement, faces challenges in regulating carbon trading mechanisms to reduce greenhouse gas emissions. Although UUPPLH provides a legal basis for environmental management, it does not explicitly address carbon trading aspects, such as verification, monitoring, and transaction transparency. The study also recommends strengthening the legal system based on the principles of precaution, justice, and transparency, which would enhance the integrity of Indonesia's carbon market. The precautionary principle emphasizes the need for stricter environmental impact assessments to avoid unforeseen damage, while the principles of justice and transparency ensure equitable benefit distribution and open access for all stakeholders. By introducing clearer and more inclusive regulations, Indonesia is expected to manage carbon trading sustainably, reduce the potential for misuse, and effectively achieve emission reduction targets. This research also proposes improvements to policies to prevent carbon crimes and enhance oversight mechanisms. The research method used is normative juridical with legislative and conceptual approaches to analyze legal gaps and provide recommendations for strengthening regulations aligned with international legal principles and Indonesia's domestic needs.
Judicial Activism by the Constitutional Court in the Frame of Check and Balances as Development Towards Juristocracy Milzam, Qashmal; Akbar Syamsul, Asyril Rizky
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.v14i2.1284

Abstract

The Constitutional Court as the guardian of the constitution and the guardian of the democracy is a form of rapid progress of the modern legal state. The authority of constitutional judges is growing not only as a negative legislature, but also as a mini-positive legislature by using judicial activism so that several times it has issued ultra petitum or ultra vires decisions. This phenomenon is called jurisprudence where judicial institutions are increasingly involved in state administration and political affairs. This study uses a type of normative juridical research with a legislative approach and a case approach. The results of this study found that the Constitutional Court in creating the phenomenon of jurisprudence had a great impact on improving democracy in Indonesia and did not harm checks and balances. However, the threat still exists because constitutional judges are also ordinary human beings who can make mistakes, so internal control that refers to the code of ethics and clearer selection guidelines are the key in ensuring that the quality of constitutional judges remains fair and independent from all conflicts of interest
Effectiveness of Control Dashboard Utilization in Managing Multiple Events at Telkom Corporate University Haq, Najwa Maulita; Pranata, Rici Tri Harpin
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

Abstract

The development of digital technology encourages organizations to adopt a more integrated management system, including in the management of large-scale events or multiple events. This study aims to examine the implementation and effectiveness of the use of control dashboards in the management of multiple events at Telkom Corporate University, an institution under the Telkom Group that routinely organizes various training and development programs. The research method used is a qualitative descriptive approach with data collection techniques through observation, interviews, and documentation studies. The results of the study indicate that the control dashboard plays an important role in facilitating the planning, monitoring, and evaluation of events in real-time through features such as event overview, database events, event calendar, and feedback analysis. This system not only improves operational efficiency but also strengthens team collaboration and the quality of decision-making. This study concludes that the use of control dashboards significantly optimizes the process of managing multiple events at Telkom Corporate University. These findings are expected to contribute to the development of real-time data-based management information systems in the corporate education and training sector

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