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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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Legal Protection for the Welfare of the Generation Z Exodus: A Constitutional Law Perspective in Fulfilling Constitutional Rights Nugraha, Tirta; Guntara, Deny; Rahmatiar, Yuniar; Fauziah, Margie Rahayu
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.v14i2.1288

Abstract

This study aims to examine legal protection for the welfare of Generation Z in the context of exodus or migration, both abroad and between regions, triggered by dissatisfaction with socio-economic conditions at home. From the perspective of constitutional law, Generation Z as part of Indonesian citizens has constitutional rights to work, education, and social welfare as guaranteed in Article 27 paragraph (2), Article 28C, Article 28D paragraph (1), and Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This study uses a qualitative method with a normative legal approach and descriptive-analytical specifications, with data collection techniques through literature studies of national laws and international legal instruments. The results of the study show that although the basic rights of Generation Z have been guaranteed in various laws, their implementation is still weak. High unemployment, unequal access to education and health, and minimal protection of the informal sector such as the gig economy, have encouraged the emergence of the Gen Z migration phenomenon, including through the hashtag "KaburAjaDulu". This reflects the state's failure to provide decent employment and social security. This study recommends regulatory reform with a progressive legal approach and data-based affirmative policies. The state needs to strengthen institutions such as BP2MI and ensure real legal protection for Generation Z through a legal political commitment to social justice.
Resolution of Land Disputes Between the Government and the Community Related to Overlapping Land Rights Cahyani Putri, Amanda Dwi; Kamal, Ubaidillah
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.v14i2.1297

Abstract

Land disputes between the government and the community, especially related to overlapping land rights, have become an important issue in land governance. This research aims to identify the causes of disputes and the forms of their resolution. The method used is a qualitative approach with an empirical legal research type through field studies at the Land Office and the City Spatial Planning Department in Semarang. Data were obtained through interviews and documentation, and then analyzed qualitatively in a descriptive manner. The results indicate that the main causes of disputes include inaccuracies in tracing land history, measurements conducted without involving legitimate owners, the absence of a legal basis for issuing usage rights, and PTSL procedures that do not comply with regulations. Resolutions are carried out through non-litigation pathways such as mediation and conciliation, as well as litigation avenues through the Administrative Court (PTUN). As a result of this case, the PTUN stated that it does not have jurisdiction to examine the matter because the core of the dispute concerns land ownership, which falls under the jurisdiction of general courts. This research emphasizes the importance of accurate validation of land data to prevent disputes in the future
Management of Movable Assets as Endowment According to Law no. 41 of 2004 Concerning Endowment (Case Study: Al-Ikhlas Mosque Ambulance, Hinai Village) Humairah, Fanny Azelita; Nasution, Abdul Halim
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.v14i2.1299

Abstract

Endowment is action wakif law for separate or deliver part treasure object his For utilized forever or in term time certain in accordance its importance for religious purposes and/ or welfare general according to sharia. Research This discuss draft endowment object move according to Law No. 41 of 2004, management endowment object moving at the Al-Ikhlas Hinai Mosque, as well implementation Constitution the to management waqf ambulance car . Research This aiming know How endowment object move managed and to what extent the implementation of Law No. 41 of 2004 is applied . Research use method juridical-empirical with emphasize principle certainty law and welfare , and data obtained through observation and interview . The results show that management The ambulance waqf was carried out by BKM Al-Ikhlas Mosque and utilized For Hinai community and its surroundings . However , its utilization Still nature consumptive and not yet productive . In addition , the ambulance has not registered with the Indonesian Waqf Board (BWI) because BKM's ignorance regarding procedure registration , so that No in accordance with provisions of Article 32 of Law No. 41 of 2004 concerning obligation registration endowment object move.
Protection Consumer to Perspective Brand Manipulation Maqashid Syariah (Shopee Marketplace Case Study) Syafitri, Rizka; Sativa, Annisa
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.v14i2.1300

Abstract

Brand manipulation is one of the most common violations of intellectual property rights in marketplaces, including Shopee. This practice harms consumers and original brand owners by causing confusion, lowering product quality in the market, and threatening user safety. This study aims to analyze the factors causing brand manipulation to protect consumer rights based on the consumer Protection Law (UUPK) and explore the application of Maqashid Syariah justice values. This study uses a library research method with a descriptive qualitative approach. A statute approach is used to analyze relevant regulations, such as Law No. 8 of 1999 on Consumer Protection and Law No. 20 of 2016 on Trademarks and Geographical Indications. . Research suggests that brand manipulation results from a number of major factors: a lack of consumer knowledge of the original, a profitable economic advantage for business owners, a lack of legal supervision and enforcement, tight market competition, and a lack of clear quality standards. This dishonest act costs the consumer dearly. Maqashid sharia views all Islamic laws as aimed at keeping the five main things in human life: religion (ad-din), soul (an-nafs), reason (al-'aql), descendants (an-nasl), and treasure (al-mal). This points out that the importance of increased surveillance, more stringent law enforcement, and education of consumers to be more aware of products circulating in the marketplace. Shopee as an e-commerce platform also has a crucial role in ensuring that the sellers on the platform comply with consumer protection regulations.
The Role of BINWIN (Marriage Counseling) by KUA of Wampu Subdistrict in Protecting Wives from Husbands Addicted to Narcotics in Maintaining Household Harmony (A Case Study in Ampera Hamlet, Wampu Subdistrict Avanti, Nabila Shakira; Iqbal, Muhammad Nur
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.v14i2.1301

Abstract

This study aims to explore the impact of drug use by husbands on household harmony and the role of marriage guidance ( Binwin ) in Wampu District, especially in handling cases of households affected by drug addiction. The method used is a phenomenological approach with qualitative descriptive analysis, through in-depth interviews with wives of drug addicted husbands and KUA officers. The results of the study indicate that drug use by husbands causes physical, psychological, and economic damage in the household, which is reflected in relationship tensions, domestic violence (KDRT), and heavy financial burdens on wives. Wives often feel depressed, and children experience fear and emotional trauma. On the other hand, the role of Binwin carried out by KUA in overcoming this problem has proven to be limited because the material taught is still too general and does not cover actual issues such as drugs, domestic violence, and mental health in marriage. This study suggests the need for the development of more specific Binwin materials and cross-agency cooperation to provide more comprehensive solutions for families affected by drugs.
Analysis of Islamic Bank Marger Policy in the Profitability Level of Indone-sian Islamic Bank, Kutacane Branch Office Hafizah, Raisya; Anggraini, Tuti; Inayah, Nurul
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.v14i2.1302

Abstract

This study aims to analyze the influence of merger policy on bank profitability levels with a case study at Bank Syariah Indonesia (BSI) Kutacane Branch Office. Since the merger of several national Islamic banks into one entity, namely BSI, there have been various changes in both operational and financial performance. One important indicator that is the focus of attention is profitability, which is measured by Return on Assets (ROA), Return on Equity (ROE), and profit margin. This study uses a quantitative approach with descriptive and comparative analysis methods. Data were taken from the financial statements of BSI KC Kutacane before and after the merger, and analyzed using a comparative method. The results of the study indicate that there are significant changes in the level of profitability post-merger. Factors such as operational efficiency, increasing the number of customers, and synergy between business units contribute to increased profitability. However, challenges in adjusting management and system integration also have a temporary impact on several financial indicators. The conclusion of this study shows that the merger policy has a positive impact on long-term profitability, although it requires adjustment and good management in the early stages after the merger. The recommendation given is to increase the focus on optimizing services and managing risks to maintain a positive trend in profitability in the futur
The Principle of Good Faith in Oral Pawn Agreements with Motor Vehicle Credit Collateral Makruf Antoni, Amal Astana; Iskandar, Hardian
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.v14i2.1303

Abstract

In general, when someone borrows from a bank or other financial institution, an agreement will usually be drawn up by both parties. However, most of these agreements are only made verbally without using a written agreement. This analysis aims to study the validity of credit agreements made through words or speech using property collateral in the form of motor vehicles, as well as the implementation of the principle of good faith in undocumented or unwritten credit agreements involving motor vehicle collateral. This analysis uses a normative-based legal approach and utilizes primary and secondary data sources obtained through literature studies, scientific articles, books, and provisions of legal articles related to the research topic. Information was collected using the minutes and documentation method and reviewed in depth. Observations show that the credit agreement through oral communication between Party 1 and Party 2 has fulfilled all the requirements under Article 1320 of the Civil Code. An agreement was made to borrow a certain amount of money with a motor vehicle as collateral. Party 1, in good faith, fulfilled all agreed provisions, including repayment of 30% of the loan with 8% monthly interest within three months
The Role of Social Media in Realizing Good Governance Rifan T, Vicko Wahyu; Meilana Rifqi, Achmad Daffa; Al-Fatih, Sholahuddin
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.v14i2.1306

Abstract

This study aims to analyze the role of social media in influencing transparency and performance of state institutions as an effort to realize the principle of good governance. Using a qualitative approach with legal research methods, this study explores the dynamics of public communication on digital platforms and its implications for the accountability of state institutions. The results of the analysis show that social media accelerates the flow of information, increases public participation, but the increasingly rapid development of social media is a challenge in realizing good governance. However, the challenges in the form of the spread of disinformation and polarization of public opinion are also consequences that must be anticipated. These findings strengthen the argument that social media has strategic potential in strengthening good governance in Indonesia, provided it is supported by adaptive regulations and massive collaboration
Implications Of Land Ownership By Foreigners On The Investigation Process Of Criminal Acts By Foreigners Afrihadi, Faisal; Harun, Rina Rohayu; Jiwantara, Firzhal Arzhi; Ufran, Ufran
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.v14i2.1307

Abstract

This study aims to analyze the practice of nominee agreements in land ownership by foreigners in Indonesia as a form of legal smuggling in a positive legal perspective. In the regulation of land law in Indonesia, based on the UUPA, land ownership with ownership rights is only by Indonesian citizens. The practice that occurs, foreigners through a name loan agreement to be able to control and own land in Indonesia with property rights. The normative legal research method with a statutory approach and a conceptual approach uses primary legal materials and secondary legal materials. Through literature studies (literature studies). The legal materials obtained were analyzed in a qualitative descriptive manner. The results of the study show that the nominee agreement is an agreement made between a person who according to the law cannot be the subject of a certain land right (property rights), in this case a foreigner with an Indonesian citizen, with the intention that the foreigner can control (own) the land owned de facto, but legally-formally (dejure) the land is owned on behalf of Indonesian citizens. The name loan agreement is clearly a form of legal smuggling to avoid regulations that stipulate that foreigners are not qualified as subjects of land title holders in Indonesia in accordance with the provisions in Article 9 paragraph (1) jo. Article 21 paragraph (1) of the UUPA clearly states that only Indonesian citizens can have a full relationship with earth, water and space, and clearly stipulates that only Indonesian citizens can have property rights
Employment or Exploitation? A Legal Comparative Study of Domestic Worker Protection in Singapore and Indonesia Antony, Antony; Osmond, Agung Pratama; Ali Sabisi, Muhammad; Azlyn, Nurul; Rahmadani, Aini; Shahrullah, Rina Shahriyani
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.v14i2.1313

Abstract

This study aims to analyze the comparative legal protection systems for Domestic Workers (DWs) in Indonesia and Singapore, while highlighting the urgency of ratifying ILO Convention No. 189 as an international instrument to ensure decent work in the domestic sector. The research employs an empirical legal method, utilizing statutory, conceptual, and empirical approaches. The statutory approach involves reviewing national and international regulations related to labor and domestic worker protection. The data consist of primary data from observations and interviews, as well as secondary data from primary legal sources such as the 1945 Constitution of the Republic of Indonesia, Law No. 13 of 2003, the Draft Bill on Domestic Workers, the Employment of Foreign Manpower Act (EFMA), the Employment Act, and international instruments such as ILO Convention No. 189. The data are analyzed using descriptive-qualitative methods with deductive reasoning to identify normative and empirical gaps in the protection of domestic workers. The findings reveal that both Indonesia and Singapore have yet to provide comprehensive legal protection for domestic workers, particularly regarding formal employment status, basic rights, and access to justice. The ratification of ILO Convention No. 189 is considered crucial for both countries to improve national legal frameworks, raise protection standards, and enhance their diplomatic position and international reputation in upholding human rights and social justice.

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