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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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Copyright Infringement and Legal Effects on Providers and Users of Illegal Streaming Services in the Perspective of Criminal Law Ulandari, Mega; Guntara, Deny; Abas, Muhamad; Pratama, Raka Indra
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.v14i3.1344

Abstract

The rapid development of digital technology presents new challenges in enforcing copyright law, especially against illegal streaming sites that distribute copyrighted content without permission. This study examines the legal implications for providers and users of such platforms under Law No. 28 of 2014 on Copyright. It analyzes the regulatory framework and criminal sanctions applicable to both actors using a normative juridical method with statutory and case study approaches. Findings indicate that providers may be directly sanctioned for violating creators’ economic rights under Article 113(2)–(3), while users are only liable if actively involved in unlawful dissemination. Enforcement faces structural and technical barriers, including the complaint-based nature of the offense, digital evidence complexity, and cross-border jurisdiction. Academically, this research enriches digital copyright discourse and offers relevant legal interpretations. Practically, it recommends strengthening cyber law enforcement and updating legal norms to respond effectively to copyright violations in the digital era
Islamic Community's Perception of Girl's Share of Inheritance in Central Lombok Khalid, Muhammad Zaini; Nasir, Mohamad Abdun; Wathoni, Lalu Muhammad Nurul
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.v14i3.1347

Abstract

The purpose of this research is to study the perception of Islamic society towards the inheritance of girls in the Central Lombok Regency . This type of research is empirical law. The sample in this study tested by means of sampling. The results showed that Sasak girls who are Muslims are heirs and get a share of inheritance in the form of movable or immovable property. Before the community was familiar with Islam with the division of inheritance to girls still related to cultural customs, girls were only entitled to inheritance in the form of movable property in the form of agricultural and livestock products
Legal Review of the Practice of Paying Lecturers Below Minimum Standards in Private Higher Education Employment Contracts Amalia, Apri; Turnip, Johannes Mangapul; Saputra, Jarnawi Hadi
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.v14i3.1362

Abstract

Lecturers are not only teachers, but also have a role as researchers and implementers of community service. Therefore, lecturers are entitled to receive a decent wage in accordance with minimum standards. The employment relationship between lecturers and Private Higher Education Institutions (PTS) is outlined in the form of an employment agreement that includes concise provisions regarding rights and obligations, one of which is the right to Lecturer Wages. In practice, there are several lecturers in the Private Higher Education environment who have not enjoyed their wage rights optimally. They receive wages below the minimum standard, paid according to per credit unit of teaching, which is not in accordance with the lecturer employment agreement and laws and regulations. This raises issues regarding the legality of the lecturer employment agreement system in PTS and the legal protection of lecturers against substandard wages. This study aims to determine the wage system of lecturers' employment agreements with private universities (PTS) and analyze legal protection against wage practices that do not comply with regulations. The research method used is normative juridical with a statutory approach and literature review. The results of the study indicate that the implementation of fixed-term employment agreements between lecturers and private universities does not comply with the provisions of Articles 90 and 91 of the Manpower Law, which state that wages below the Provincial Minimum Wage (UMP) are invalid. This violation has legal consequences in the form of default and administrative sanctions. Legal protection for minimum wages is affirmed in Government Regulation No. 36 of 2021 concerning Wages, which regulates the wage scale structure, and Regulation of the Minister of Education, Culture, Research, and Technology No. 53 of 2023
Lawsuit Against the Regent of Deli Serdang Regarding the Appointment of an Interim Village Head in Buah Nabar Village from a Fiqh Siyasah Perspective (Analytical Study of Ptun Number 42/G/2021/Ptun. Medan) Simorangkir, Suhrawardi; Tarigan, Tetty Marlina
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.v14i3.1365

Abstract

This study aims to analyze the verdict of the Medan Administrative Court (PTUN Medan) Decision Number 42/G/2021/PTUN.MDN regarding the lawsuit against the Regent of Deli Serdang concerning the interim appointment of a village head in Buah Nabar Village, Sibolangit Sub-district, Karo Regency, which resulted in certain parties feeling disadvantaged. Additionally, this study seeks to analyze the fiqh siyasah (Islamic political jurisprudence) perspective on the decision of PTUN Medan Number 42/G/2021/PTUN.MDN regarding the lawsuit filed against the regent for the interim appointment of a village head. This research is normative in nature, employing qualitative normative analysis. It involves a document study approach using various secondary data sources such as legislation, legal norms, and court decisions
Legal Protection Efforts for Victims of Sexual Violence Crimes in Indonesia Nurahmad, Silvi; Gagarin Akbar, Muhammad Gary; Abas, Muhamad
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.v14i3.1367

Abstract

Sexual violence, particularly rape, constitutes a serious violation of human rights, inflicting lasting physical, psychological, and social impacts on victims. In 2024, the National Commission on Violence Against Women (Komnas Perempuan) recorded 445,502 cases of sexual violence in Indonesia, emphasizing the urgency for robust legal protection. This study aims to examine the legal protections afforded to rape victims under Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) and evaluate the challenges in its implementation. Using a normative legal research method, the analysis draws from primary legal sources, notably the UU TPKS, and relevant secondary literature. The findings indicate that the UU TPKS grants victims access to medical services, psychological support, legal assistance, and confidentiality safeguards. However, implementation is hindered by entrenched patriarchal norms, societal stigma, and inadequate sensitivity among law enforcement. The study concludes that strengthening public awareness, improving law enforcement capacity, and adopting restorative justice principles are essential for effective legal protection. This research contributes to the development of a more responsive and victim-centered legal framework in Indonesia.
Bawaslu's role in handling violations of the regional head elections of re-gents and deputy regents in Serang district in 2024 Asnawi, Asnawi; Pramono, Aris Seyanto; Safiullah, Safiullah
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.v14i3.1369

Abstract

Regional Head Elections (Pilkada) are an important part of Indonesia's democratic system. However, in practice, various violations often occur that threaten the integrity of elections, particularly administrative violations involving election organizers, election participants, and local government officials. This study aims to analyze the role of the Election Supervisory Agency (Bawaslu) in addressing administrative violations during the 2024 Pilkada in Serang District, as well as to identify the challenges and effectiveness of its handling mechanisms. The method used is descriptive qualitative research with purposive sampling techniques for selecting key informants. Data was collected through in-depth interviews, document analysis, and indirect observation. The research was conducted from February to June 2025 with a total of 12 informants comprising representatives from Bawaslu, Panwascam, KPU, academics, and election observers. The results of the study show that Bawaslu Serang Regency has carried out its supervisory function through preventive, curative, and repressive approaches, although it still faces obstacles in terms of evidence, limited executive authority, and low community involvement. There were 37 cases of violations handled, with the most common categories involving money politics and the lack of neutrality among village officials. Some cases have been referred to the Election Violation Investigation Agency (Gakkumdu), the Civil Service Commission (KASN), and related institutions. This study concludes that the role of the Election Supervisory Agency is significant but not yet optimal due to weak structural and legal support. Strengthening institutional capacity and reforming the mechanisms for handling violations are necessary to ensure more integrity in future elections.
Legal Analysis of Regional Government Obligations to Provide Burial Land from the Maslahah Mursalah Perspective (Case in Brohol Village, Sei Suka District, Batu Bara Regency Irawan, Ryan; Tarigan, Tetty Marlina
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.v14i3.1370

Abstract

This study aims to analyze the government's obligation to provide burial land based on the perspective of positive law in Indonesia and the theory of maslahah mursalah in Islamic law. This study focuses on the case of Brohol Village, Sei Suka District, Batu Bara Regency, which faces the unavailability of burial land due to the lack of attention and active role from the government. The research method used in this study is empirical juridical. The approach used by the researcher is a qualitative approach with descriptive analysis. with primary data collection based on observation and interviews while secondary data is based on literature studies. The results of this study indicate that Brohol Village still does not have land for burial. Based on the Law and the perspective of maslahah mursalah, the Regional Government and Village Government have an obligation to provide burial land used for the Brohol Village community. However, in reality, the government has not yet fulfilled this obligation until the time this research was conducted
Liability Without Fault in Environmental Dispute Settlement: The Per-spec-tive of Law No. 32 of 2009 Concerning Environmental Protection and Man-agement Azhar, Muhammad Yasir; Lubis, Saddan Dintara
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.v14i3.1371

Abstract

Environmental issues in Indonesia are becoming increasingly complex, driven by the rapid growth of industry and the exploitation of natural resources that disregard the principles of sustainability. This study aims to analyze the implementation of the principle of liability without fault in resolving environmental disputes, as stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management. This principle provides a platform for injured parties to seek legal accountability without having to prove fault, in line with the polluter pays principle. The approach used in this study is a normative juridical method, relying on secondary data in the form of laws and regulations, legal literature, and previous research findings. The findings indicate that the existence of the principle of strict liability in Article 88 strengthens the legal basis for filing civil lawsuits for redress of environmental damage, even in conditions without elements of intent or negligence. Dispute resolution can be pursued through litigation or non-litigation channels such as mediation and arbitration. These findings are significant in promoting ecological justice, expanding public access to environmental justice, and strengthening legal responsibility for business actors. This study concludes that it is necessary to strengthen socialization efforts and enforce the law firmly and consistently so that the principle of liability without fault can function optimally as a preventive and corrective legal instrument
Life insurance company policy on insurance claims from beneficiaries based on policy discoveries outside the claim period (case study of Manulife Medan insurance company) Arantik, Rida; Sativa, Annisa
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.v14i3.1372

Abstract

This study examines the policies of life insurance companies regarding claims from beneficiaries who discover a policy after the claim deadline has passed. The case study was conducted at PT Asuransi Jiwa Manulife Medan. Problems arose when beneficiaries only learned of the policy several years after the insured's death, resulting in claims being filed outside the timeframe. This study used an empirical legal method with a statutory approach and direct interviews with the company. The results showed that although the policy stipulates a claim deadline of between 30 days and one year, PT Manulife still allows for review if the policy is still active and the reason for the delay is justifiable. Policies that still have cash value are still considered active, allowing claims to be processed. These results demonstrate the importance of fairness and consumer protection in life insurance. In conclusion, there needs to be a balance between legal certainty in contracts and protection of beneficiary rights, particularly in cases of late claims caused by ignorance of the policy's existence.
Analysis of Constitutional Court Decision Number 2/PHPU.PRES-XXII/2024 Concerning the Dispute over the Results of the 2024 Presidential Election from the Perspective of Siyasah Qadhaiyyah Sani, Muhammad; Khalid, Khalid
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.v14i3.1374

Abstract

This study aims to analyze the Constitutional Court Decision Number 2/PHPU.PRES-XXII/2024 concerning the presidential election dispute in 2024 from the perspective of siyasah qadhaiyyah. The findings reveal that the Constitutional Court assessed the case solely from a legal-formal standpoint, emphasizing administrative and procedural evidence without considering the ethical dimensions of power and the socio-political impact of state resource abuse. In the siyasah qadhaiyyah framework, justice is not limited to procedural compliance but must be substantive and directed at preventing tyranny in governance. Judges, according to this perspective, are morally obliged to uncover the hidden motives of power behind legal formalities and to uphold public welfare (maslahah 'ammah). This research recommends a paradigm reform of the Constitutional Court, urging the Court to transcend legal positivism and uphold substantive justice aimed at protecting citizens' rights and the integrity of electoral processes. Thus, siyasah qadhaiyyah serves as an ethical and philosophical foundation for enhancing the Constitutional Court's role as the guardian of democratic justice, rather than merely functioning as a procedural interpreter of legal texts

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