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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 Personal Guarantee Agreements In Bankruptcy Cases (Analysis Of Commercial Court Decision Number 6/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst.) Asomarito Pakpahan, Devi Maulani; Harahap, Mhd. Yadi
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.v14i2.1316

Abstract

Personal guarantee merupakan jaminan perorangan yang diatur dalam Pasal 1820-1850 KUHPerdata, di mana penjamin bertanggung jawab melunasi utang debitur jika debitur gagal memenuhi kewajibannya. Terdapat ketidakjelasan regulasi terkait kedudukan personal guarantee dalam kepailitan, khususnya mengenai hak istimewa yang tercantum dPersonal guarantee is individual guarantee regulated in Articles 1820-1850 of Civil Code, where guarantors are responsible for paying debtor’s debt if debtors fail fulfilling obligations. There is unclear regulation regarding personal guarantee position in bankruptcy, especially regarding privileges in Article 1831 of Civil Code. This ambiguity creates legal uncertainty for guarantors due to interpretation differences in practice (Subhan, Sukamto Satoto, 2022). This study aims to analyze legal protection forms for personal guarantees declared bankrupt through Central Jakarta Commercial Court decision. The research uses normative juridical method with statutory approach and case study analysis, examining Central Jakarta Commercial Court Decision Number 6/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst. as primary case. Data collection involves primary and secondary legal materials analysis. Results show that personal guarantees can be declared bankrupt simultaneously with main debtors, particularly when agreements contain privilege release provisions. Legal protection provided includes application of fair and proportional bankruptcy principles and recognition of guarantor rights in bankruptcy proceedings. The study concludes that current legal framework provides basic protection but requires more explicit regulations. Therefore, clearer regulatory framework is needed to ensure legal certainty and adequately protect personal guarantee rights in Indonesian bankruptcy system while maintaining balanced creditor-debtor relationshipsalam Pasal 1831 KUHPerdata. Ketidakjelasan tersebut berkaitan dengan ambiguitas penerapan hak istimewa penjamin yang memungkinkan menuntut eksekusi harta debitur terlebih dahulu sebelum harta penjamin dapat ditagih, namun tidak ada pengaturan eksplisit apakah personal guarantee dapat langsung dipailitkan, terutama ketika melepaskan hak istimewanya. Akibatnya, dalam praktik sering terjadi perbedaan penafsiran mengenai kapan dan bagaimana personal guarantee bertanggung jawab dalam kepailitan, sehingga menimbulkan ketidakpastian hukum bagi penjamin. Salah satu perkara yang menarik untuk dianalisis adalah Putusan Pengadilan Niaga Jakarta Pusat Nomor 6/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst yang membahas kepailitan seorang personal guarantee. Penelitian ini bertujuan untuk menjawab pertanyaan: “Bagaimana bentuk perlindungan hukum terhadap personal guarantee yang dinyatakan pailit melalui putusan Pengadilan Niaga Jakarta Pusat?” Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan dan studi kasus, menggunakan data primer dan sekunder. Hasil penelitian menunjukkan bahwa berdasarkan Putusan Nomor 6/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst, personal guarantee dapat dinyatakan pailit bersamaan dengan debitur utama, terutama jika perjanjian tersebut memuat tentang ketentuan pelepasan hak istimewa. Perlindungan hukum yang diberikan meliputi penerapan prinsip kepailitan yang adil dan proporsional, serta pengakuan terhadap hak-hak penjamin dalam proses kepailitan. Penelitian ini merekomendasikan perlunya pengaturan yang lebih eksplisit untuk mewujudkan kepastian hukum dan melindungi hak-hak personal guarantee dalam sistem kepailitan Indonesia.  
Legal Philosophy Values in the Law Formation in Indonesia Agustina, Ria; Anas, Kamal; Jalaluddin, Jalaluddin; Fikri, Ahmad Ma’mun
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.v14i2.1318

Abstract

The most significant influence on the development of Indonesian law is legal philosophy. The term "Pancasila" refers to the entirety of regulations and laws, beginning with our constitution. All regulations that are not based on our constitution must establish Pancasila as the basis and foundation of the law. Indonesia's legal framework is known as Pancasila. Consequently, Pancasila is recognized as both a philosophy and a written law in Indonesia that encompasses living law. The issue is the extent to which legal philosophy influences the development of the legal system in Indonesia. Certainly, it is crucial to address this issue. The legal method was implemented by the authors to evaluate this issue with normative law. The authors' methodology was derived from numerous books that address comparable issues. The results of this research show that Legal philosophy is a critical component of Indonesian law, serving as both a guide for its development and a necessity. Legal philosophy contributes to the elucidation of the philosophical foundation of legal values, capable of achieving the ideals of justice and order in society in accordance with the reality of the applicable law
Efforts To Prevent And Eradicate Money Laundering By The North Sumatra Financial Services Authority (Ojk) Siregar, Reza Ananda; Lubis, Risyad Fakar
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.v14i2.1319

Abstract

This study aims to analyze efforts to prevent and eradicate money laundering crimes (TPPU) carried out by the North Sumatra Financial Services Authority (OJK) and compare the authority and effectiveness of the OJK in preventing and eradicating anti-money laundering with the Financial Transaction Reporting and Analysis Center (PPATK). The research method used is qualitative with a case study approach and data collection through interviews, documentation, and analysis of related regulations. The results of the study show that the North Sumatra OJK has implemented various strategic steps in preventing and eradicating anti-money laundering through strict supervision of financial services institutions and the implementation of anti-money laundering policies. However, the authority of the OJK is still limited compared to PPATK which has broader authority in reporting and analyzing suspicious financial transactions. However, the collaboration between OJK and PPATK plays a very important role in increasing the effectiveness of preventing and eradicating trafficking in the North Sumatra region. This study provides recommendations for strengthening coordination and increasing the capacity of the OJK to strengthen the supervisory function and law enforcement against money laundering crimes.
The Application of Artificial Intelligence (AI) in Health Services within the Context of Positive Legality in Indonesia Westiartika, Dhira Taramadia; Agustina, Ria; Anas, Kamal; Abdulhamid, Muhammad; Lidiawati, Meri; Prayuti, Yuyut
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.v14i2.1320

Abstract

The quality and efficiency of healthcare services have changed significantly due to advances in digital technology and artificial intelligence (AI) in the medical field. However, these advances also present various legal, ethical, and social obstacles that require serious consideration. This study investigates the application of AI in the medical field from a progressive and responsive legal perspective. Using normative juridical methods and qualitatively analyzed secondary data. This study aims to establish adaptive regulations that can adapt to the changing nature of technology while protecting the integrity of medical services and patient rights. This study also shows the importance of integrating human and spiritual values ??into the application of medical technology to ensure that healthcare services are holistic and focused on patient welfare. The study findings suggest that the establishment of a safe, equitable, and sustainable digital health ecosystem depends on the collaboration of policymakers, medical personnel, technology experts, and the public. Therefore, to optimize the advantages of technology and reduce risks in the future healthcare sector, it is important to establish responsive and inclusive regulations based on lex specialist.
Song Copyright Law Reform in Indonesia Westiartika, Dhira Taramadia; Abdulhamid, Muhammad; Nobel, Raden Muhammad; Fikri, Ahmad Ma’mun
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.v14i2.1321

Abstract

 Copyright on songs is one component of intellectual property rights that is philosophically based on the theory of naturalism and the theory of interests. However, in the Indonesian context, it also needs to be understood through the Marhaenism approach which emphasizes social justice. The National Collective Management Institution which was established based on Government Regulation Number 56 of 2021 and Law Number 28 of 2014 is tasked with managing copyright licenses. However, its existence raises various problems, including the potential for monopoly, lack of transparency, and limited access for independent music creators. The purpose of this study is to determine how copyright regulations are implemented in Indonesia. Using normative legal methods and secondary data, this study proposes a hybrid licensing model that will reform the copyright licensing system in Indonesia by implementing a progressive and responsive legal approach. This model will allow creators to choose between collective licenses and individual licenses based on digital technology. This reform is expected to realize distributive justice, more adaptive legal protection, and respect for the moral and economic rights of creators in a balanced manner
Legal Protection for Correctional Officers in Disciplinary Enforcement at Class IIB Lubuk Pakam Correctional Institutions Gultom, Juanda; Lubis, Muhammad Ridwan; Harahap, Herlina Hanum
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.v14i2.1322

Abstract

 Correctional officers play a critical role in maintaining order and supporting the rehabilitation of inmates within correctional institutions. Despite responsibilities comparable to other law enforcement professionals such as police officers and prosecutors, the legal protection afforded to correctional officers remains limited in practice. Although Law No. 22 of 2022, Ministerial Regulation No. 66 of 2016, and Ministerial Regulation No. 8 of 2024 provide a formal legal framework for enforcing inmate discipline and protecting officers, many officers struggle to navigate their dual role as both security enforcers and rehabilitation facilitators. This study explores the gap between legal provisions and on-the-ground realities at the Class IIB Lubuk Pakam Correctional Institutions, using a normative-empirical approach. Findings indicate that legal protection is often merely procedural and lacks meaningful institutional support. Contributing factors include overcrowded facilities, limited legal knowledge among staff, and the absence of effective deterrents against inmate violations—all of which leave officers feeling professionally and legally vulnerable. These conditions place correctional officers in a difficult position, where they must balance the enforcement of duties with concerns over potential legal consequences. The study concludes that strengthening legal education, enhancing institutional support, and revising current regulations are crucial steps toward improving the protection and effectiveness of correctional officers in their daily roles.
The Development and Challenges of Civil Law in Indonesia Agustina, Ria; Anas, Kamal; Prayuti, Yuyut
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.v14i2.1327

Abstract

Civil law is a dynamic field that is constantly evolving in tandem with the evolution of human civilization, which is also impacted by technological advancements and global climate change. Civil law is fundamentally interconnected with the reinforcement of the internal supervisory function, which replaces the external supervisory function. This research aims to ascertain the current state of civil law and the obstacles it faces. The data was analyzed qualitatively, and the method employed normative juridical with secondary data. The findings indicate that the development of modern civil law is a direct result of its fundamental relationship with the relationship between government and society, which enhances the role and participation of society in various domains. Some of the modernizations of civil law that have emerged and are being used to strengthen internal functions related to external control are contract law, consumer protection law, and employment law.
The Authority of Bapemperda in the Formation of Regional Regulations: The Perspective of State Administrative Law in the City of Mataram Primasari, Shinta; Hasanah, Siti; Jiwantara, Firzhal Arzhi
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1330

Abstract

The purpose of this study is to find out how To find out how the authority of the Regional Regulation Formation Agency of the Mataram City DPRD in the preparation of Regional Regulations in Mataram City. And To find out how the implementation of the authority of the Regional Regulation Formation Agency of the Mataram City DPRD. This type of research is normative-empirical. By using the Conceptual approach method (Conceptual Approach), Statute Approach (Statute approach) and Historical Approach (Historical Approach). Methods and techniques for collecting data through interviews, observations and documentation, using qualitative descriptive data analysis. The results of the study show that; The Legislative Function of the Mataram City Regional People's Representative Council is one of the attribution authorities inherent in the formation of regional regulations which begins at the planning, drafting, discussion and enactment stages. In carrying out its function as Legislation, it certainly requires complete tools in the DPRD structure itself, especially in the formation of Regional Regulations which in this case are carried out by Bapemperda which has the authority to harmonize, round off, and strengthen the concept of draft Regional Regulations submitted by members, commissions, or joint commissions before the draft Regional Regulation is submitted to the Leadership of the Regional People's Representative Council, Following the discussion of draft Regional Regulations submitted by the Regional People's Representative Council and the Regional Government, Providing considerations on proposals for the preparation of draft Regional Regulations submitted by the Regional People's Representative Council and the Regional Government outside the Regional Regulation formation program, Providing considerations to the Leadership of the Regional People's Representative Council regarding draft Regional Regulations originating from the Regional Government, Following developments and conducting evaluations on the discussion of the material contents of the draft Regional Regulation through coordination with the commission and/or special committee, Providing input to the Leadership of the Regional People's Representative Council on draft Regional Regulations assigned by the deliberative body, Conducting a study of Regional Regulations, Making a performance report at the end of the membership period of the Regional People's Representative Council and inventorying problems in the formation of both, the Regional Regulation Formation Agency of the Mataram City Regional People's Representative Council in implementing the authority to form The Regional Regulation has been running properly. This can be seen from how the Regional Regulation Formation Agency of the Mataram City Regional People's Representative Council has fulfilled the procedures or all applicable provisions in the process of forming regional regulations.
Analysis of Constitutional Court Decision Number 85/PUU-XIV/2016 Regarding Tender Rigging Practices Adliakbar, Adliakbar; Ramadhan, Muhammad
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1337

Abstract

In essence, tender rigging is one form of conspiracy prohibited by Law Number 5/1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and is also the case most often processed by the KPPU. However, both theoretically and practically, it raises problems, namely because of the biased interpretation of the phrase "other party" in Article 22 of Law Number 5/1999. This is the background to the judicial review of Article 22 to the Constitutional Court. In this paper, what is discussed is how tender rigging is regulated according to laws and regulations, what are the legal implications of the Constitutional Court Decision Number 85/PUU-XIV/2016 concerning the judicial review of Article 22 of Law Number 5/1999 and how the legal analysis of the legal considerations of the Constitutional Court Decision. This study uses normative legal research where the object of this research is laws and regulations and the Constitutional Court Decision. In this case, the Author concludes, namely, First, tender collusion which is a form of cooperation between two or more parties to control the relevant market and/or win tender participants resulting in unfair business competition is explicitly regulated in Article 1 number 8 and Article 22 of Law Number 5/1999 and KPPU Regulation Number 2/2010, Second, the legal implications of the Constitutional Court Decision Number 85/PUU-XIV/2016 are useful for ensuring legal certainty and justice for parties such as entrepreneurs, especially the community. For this reason, there needs to be harmonization between one regulation and another, testing of the Law against the Constitution related to the regulation of tender collusion in unfair business competition or revision of Law Number 5/1999.
Law Enforcement Against Unauthorized Access to Security Restricted Area (A Study at Sepinggan Airport Balikpapan) Rahman, Luthfi Ahmadani; Lisi, Ivan Zairani; Hairan, Hairan
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1339

Abstract

This study examines law enforcement against individuals who enter the Security Restricted Area without authorization at Sultan Aji Muhammad Sulaiman Sepinggan Airport in Balikpapan. The research identifies five contributing factors to the violations: the change in status of certain areas from Security Restricted Area to Controlled Area; substandard perimeter fencing conditions; inconsistent entry permit checks by aviation security personnel; low public awareness—with 79% of respondents unaware of the definition of a Security Restricted Area and 84% unaware of the penalties for violations; and the historical and economic background of fishermen who have inhabited the area since 1975. Although regulations stipulate penalties for violators, in practice law enforcement is has been well to verbal warnings without firm criminal sanctions. Barriers to enforcement include a lack of assertiveness from aviation security personnel who are still permissive, and insufficient public dissemination of regulations. The study recommends enhanced supervision, strengthened regulatory frameworks, and public education to improve the effectiveness of law enforcement in ensuring aviation security

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