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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
 82   83   84   85   86 
Legal Analysis of Marriage Annulment Due to Identity Forgery in Mixed Marriages (Case Study of Karawang Religious Court Decision Number 3465/Pdt.G/2024/Pa.Krw) Mulyana, Adin; Amaliya, Lia; Rahmatiar, Yuniar
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.v14i3.1341

Abstract

The present study examines the legal implications of the dissolution of marriages that have been caused by the fraudulent misrepresentation of identity in the context of mixed marriages, with a particular focus on the analysis of the Court of Religious Affairs in Karawang's decision number 3465/Pdt.G/2024/PA.Krw. The objective of this study is to examine the legal implications and consequences of the dissolution of marriage. The research methodology employed is of a juridical-normative nature, encompassing both an empirical and a theoretical dimension. The present study's findings suggest that marital unions founded upon false identities, as exemplified by the utilization of pseudonyms and the fabrication of citizenship status by one party, do not satisfy the criteria for legality as outlined in Law Number 1 of 1974 concerning Marriage. The dissolution of the marriage in question results in the non-recognition of the marital status and joint assets of the couple. However, the ruling affirmed the legitimacy of the offspring from the aforementioned marriage for the purpose of safeguarding their legal rights. The present study underscores the pivotal role of administrative integrity and transparency in the documentation of mixed marriages, in conjunction with the proactive involvement of state officials in the prevention of any transgressions during the matrimonial process. Data certainly leads to transparency and minimizes the potential for fraud in the 2024 elections.
The Consideration of the Ptun Judge Number 295/G/2019/Ptun.Mdn Re-garding the Settlement of Disputes Regarding Incomplete Requirements for the Election of Village Heads in Bargottopong Jae Village from the Perspec-tive of Fiqh Siyasah Qhadaiyah Nauli, Ahmad Arif; Siregar, Ramadhan Syahmedi
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.v14i3.1343

Abstract

Indonesia is a unitary state, where villages have the authority to regulate and manage the interests of their communities in accordance with local customs and traditions recognized in the national government system. The purpose of this study is to understand how the judge's considerations in the PTUN Decision Number 295/G/2019/PTUN.MDN regarding the dispute over incomplete requirements in the election of village heads in Bargottopong Jae Village, North Padang Lawas Regency, are viewed from the perspective of fiqh siyasah qadha'iyyah (Islamic judicial law). The research method used is normative law. The results of the study indicate that the case of the village head election dispute in Bargottopong Jae Village shows the importance of law enforcement and justice in local government, where the Medan PTUN canceled the candidacy of Agussalim Siregar for violating Article 39 of Law No. 6 of 2014 concerning the term limits of the village head. From the perspective of siyasah fiqh, this decision reflects the principles of justice (al-'ilah), public benefit (al-maslahah), and deliberation (al-syura), and shows the role of the court as a control against deviations in power in order to maintain democracy and leadership integrity
Analysis of Fiqh Siyasah on The Effectiveness of Driver's License Service Im-plementation In the Jurisdiction of Tapanuli Selatan Police Department, Padang Sidimpuan City Harahap, Rahma Yani; Marpaung, Zaid Al-Fauza
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.v14i3.1345

Abstract

A Driver's License (SIM) is an important document that must be possessed by every driver in Indonesia. The existence of a driver's license (SIM) serves as a legal document for the community to be able to drive motor vehicles legally and avoid legal sanctions from the police. Therefore, public services in the issuance of driver's licenses, particularly in the jurisdiction of the South Tapanuli Police (Tapsel), Padang Sidempuan City, must comply with the provisions of Article 21 of Law Number 25 of 2009 concerning Public Services. However, in practice, SIM services in that area are considered not optimal. From the perspective of fiqh siyasah, the SIM service should reflect the principle of public welfare (maslahah ‘ammah) and align with the maq??id syar?‘ah, particularly in the aspect of protecting life (?if? al-nafs). Fiqh siyasah views that public policy, including traffic regulations, should aim to maintain order and the safety of society as a whole. In this context, the suboptimal implementation of SIM services indicates a gap between positive legal policies and the values of justice in Islam. This research uses an empirical legal approach through interviews, field observations, and the distribution of questionnaires. The data collected includes primary data, secondary data, as well as relevant scientific literature sources. The research results show that although there is a strong legal basis, the implementation of SIM services in the jurisdiction of Polres Tapsel has not yet fully met the principles of good public service, both in terms of efficiency, transparency, and accountability. According to the scholars of fiqh siyasah, the service should be carried out fairly, firmly, and consistently for the sake of achieving the welfare of the community. Therefore, there is a need to improve the quality of SIM services by the police so that the public becomes more law-abiding and orderly in traffic
Analysis of Decision Number 23/Pid.Sus-Anak/2024/Pn Smn Concerning the Sentencing of a Child Perpetrator of a Narcotics Crime Based on Restorative Justice Vynky, Vynky; Mubarrak, Muhammad Zaki
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

Abstract

This study aims to analyze the judicial reasoning behind the sentencing of a juvenile involved in a narcotics offense and evaluate the application of restorative justice principles in Decision Number 23/Pid.Sus-Anak/2024/PN.Smn at the Sleman District Court. Utilizing a normative juridical research design with statutory and case approaches, the research relies on the analysis of legal documents, statutory provisions, and court decisions. The findings indicate that the judge's considerations encompassed both juridical factors, such as the fulfillment of evidentiary standards and legal provisions, and non-juridical aspects, including the child’s age, behavior, and social background. Despite the presence of mitigating circumstances and the legal eligibility for diversion, the restorative justice mechanism was not applied. This reflects a prevailing punitive orientation in narcotics-related juvenile cases, revealing a disjunction between the protective framework under the Juvenile Justice Law and the stringent enforcement of the Narcotics Law. The study concludes that there is an urgent need for greater integration of restorative justice principles in juvenile drug cases to ensure rehabilitative outcomes and uphold the best interests of the child
Analysis of Hospital Legal Responsibility in Cases of Refusal of Emergency Patients Based On Law No. 17 of 2023 Concerning Health Naurah, Gladdays; Simarmata, Marice; Risdawati, Irsyam; Sumarno, Sumarno; Zarzani, Tengku Riza
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.v14i3.1350

Abstract

Emergency services are stipulated in Law No. 17 of 2023 concerning Health, which stipulates that hospitals may not reject emergency patients for any reason. However, there are still cases of rejection of emergency patients that result in legal consequences for hospitals and health workers. This study aims to analyze the responsibility of hospitals in handling emergency patients based on applicable regulations reviewed from civil, criminal, and administrative law for cases of patient rejection. This study uses a normative juridical method with a statutory approach and relevant concrete cases. The analysis was carried out by referring to the provisions of Law No. 17 of 2023 concerning Health, the Regulation of the Minister of Health, and the Supreme Court Decision Number 68/G/TF/2019/PTUN-SRG and the case of patient rejection at Hermina Hospital Malang on March 11, 2024. The results of the study indicate that patient rejection by hospitals can result in serious legal consequences, including civil lawsuits, criminal sanctions, and administrative sanctions for the responsible parties. Based on these findings, it is necessary to strengthen the monitoring system, increase awareness of health workers, and comply with standard operating procedures to ensure that emergency services run optimally and in accordance with legal provisions.
Analysis of Law No. 13 of 2011 concerning Handling the Poor in Development and Distribution of Direct Cash Assistance Funds from Village Funds in Pematang Tengah Village, Tanjung Pura District, Langkat Regency, from the Perspective of Fiqh Siyasah Dusturiyah Lubis, Rianda; Pasaribu, Ilhamsyah
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.v14i3.1358

Abstract

The aim of this research is to find out what has been done in the village government's work plan programs, such as building houses and distributing direct cash assistance funds, whether these programs are in accordance with the law and siyasah fiqh or not. However, researchers found that the programs implemented by the Langkat district government were not in accordance with Law no. 13 of 2011, article 14. because in the village there are already houses that have been built but only a few, but for the rest the Langkat district social services government is targeting houses to be built because there are only a few houses that have not been built, therefore the district social services government has not yet directly carried out the order of Law no. 13 of 2011 article 14.
Implementation of Law Number 6 of 2014 concerning the Election of Village Heads in Cinta Damai Village, Percut Sei Tuan District, Deli Serdang Re-gency in 2022 from the Perspective of Siyasah Dusturiyah Masriadji, Fajar; Fatimah, Fatimah
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.v14i3.1359

Abstract

This study aims to examine the implementation of Law Number 6 of 2014 concerning Village Head Elections in Cinta Damai Village, Percut Sei Tuan District, Deli Serdang Regency in 2022 from a Siyasah Dusturiyah perspective. Village head elections are a concrete form of local democracy that provides space for village community participation in determining leaders. However, in practice, elections in Cinta Damai Village were marred by alleged violations of election principles, such as voters whose domiciles do not match their ID cards, voters who were replaced by other parties, and negligence by the committee in verifying voter data. The Siyasah Dusturiyah perspective assesses that these actions violate the principles of justice, trustworthiness, and honesty, which are the main foundations of Islamic law. The research method used is an empirical legal approach with data collection through interviews and observations. The findings indicate weak supervision and implementation that is not in accordance with democratic principles and sharia values, resulting in conflict and community dissatisfaction. Therefore, system improvements and strict supervision are needed in the implementation of the Village Head Election to comply with positive legal provisions and the principles of justice in Islam
Analysis of Law Enforcement of Dog Smuggling Crime in Kulon Progo Re-gency: Case Study on Decision Number 95/Pid.Sus/2021/PT YYK Sawitri, Kiki Novita; Anditya, Ariesta Wibisono
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.v14i3.1361

Abstract

This research analyzes the law enforcement of dog smuggling in Kulon Progo Regency with a case study of Decision Number 95/Pid.Sus/2021/PT YYK. Dog smuggling not only violates the law, but also poses a public health risk, especially related to the spread of rabies. The research method used is normative-empirical juridical with the approach of legislation, case studies, and systematic literature review. The results show that there is a discrepancy in the application of criminal sanctions by judges with the special minimum provisions in Article 89 paragraph (2) of Law No. 41/2014. In addition, the DIY Agriculture and Food Security Office has a strategic role, but faces resource constraints and regulatory gaps. This research emphasizes the importance of synergy between agencies, strengthening local policies, and increasing public awareness as an effort to prevent animal smuggling. The findings are expected to be an academic contribution and input for the formulation of more effective law enforcement policies against animal smuggling crimes, especially dogs.
Law Enforcement in Criminal Acts of Narcotics Smuggling in Maritime Areas Wattimena, Ricky Marthen
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.v14i3.1331

Abstract

Combating narcotics smuggling via maritime routes poses a considerable challenge for Indonesia due to its expansive territorial waters and the prevalence of small, unregulated ports that are often exploited by transnational criminal organizations. This research aims to evaluate the effectiveness of law enforcement in addressing maritime drug trafficking and to examine the roles of major enforcement bodies, including the Indonesian National Police, the Directorate General of Customs and Excise, and the National Narcotics Agency. Utilizing a normative juridical research approach, the study is grounded in legal theory and statutory analysis. The findings reveal that the majority of narcotics enter Indonesia through sea routes using increasingly advanced smuggling techniques. However, enforcement efforts are hampered by limitations in human resources, surveillance infrastructure, and inter-agency coordination. Existing legal and operational measures have proven inadequate in deterring or prosecuting maritime drug crimes. The study concludes that strengthening maritime surveillance systems, enhancing institutional cooperation, and fostering community involvement are essential to effectively combat narcotics trafficking in Indonesian waters. Furthermore, legal reforms are necessary to adapt law enforcement strategies to the complex and transnational dynamics of organized drug crime
The Application of Vicarious Liability Principle in Malpractice Cases by Health Workers in Indonesia Nobel, Raden Muhammad; Westiartika, Dhira Taramadia; Abdulhamid, Muhammad; Prayuti, Yuyut
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.v14i3.1342

Abstract

A party's liability for unlawful acts committed by another person under its responsibility is established by the principle of vicarious liability in civil law. This principle is crucial in determining the hospital's liability for malpractice committed by medical personnel under its supervision in the context of health services. This investigation employed a normative legal method that considered pertinent legal literature, doctrines, laws, and regulations. The results reveal that Article 1367 of the Civil Code normatively establishes a general basis for liability for the actions of others in a dependent relationship, whereas Article 46 of Law Number 44 of 2009 concerning Hospitals explicitly mandates that hospitals are accountable for the negligence of health workers employed in their institutions. Conversely, the practical implementation of this principle continues to encounter numerous impediments, including the absence of sufficient technical regulations, the challenge of substantiating formal employment relationships, and the absence of consistent jurisprudence. It is anticipated that the principle of vicarious liability will be enforced more effectively, which will enhance legal protection for patients, promote institutional accountability, and establish a health service system that is more transparent, fair, and prioritizes patient safety.

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