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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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Utilization of Technological Innovation in the Transfer of Receivables through Cessie for the Resolution of Non-Performing Loans Selviana, Devi; Tan, David; Syarief, Elza
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.v14i3.1376

Abstract

This study explores the potential use of technological innovation in the transfer of receivables through cessie as a solution to the rising issue of non-performing loans in Indonesia’s financial sector. The research employs a normative juridical method, without quantitative data, relying entirely on legal literature and doctrinal analysis. Using statutory and case approaches, it analyzes the legal framework and case examples relevant to digital receivables transfer. The study specifically aims to examine (1) how fintech and blockchain contribute to the efficiency and transparency of cessie transactions, (2) how Indonesian regulations adapt to digital cessie mechanisms, and (3) the legal obstacles in implementing these technologies. The findings reveal that fintech enables faster, more accessible receivables trading, while blockchain provides secure, verifiable transaction records. However, implementation faces significant regulatory challenges, such as the absence of explicit legal recognition for electronic contracts and a lack of standardized digital procedures for debtor notification, as required by Article 613 of the Indonesian Civil Code. The study recommends regulatory reforms to legally recognize smart contracts and formalize digital notification procedures. Improving digital infrastructure and ensuring legal certainty will be essential to support the broader integration of digital cessie practices into Indonesia’s financial legal system
Implementation of Home Affairs Ministerial Regulation No. 11 of 2023 Concerning Facilities and Infrastructure for Community Protection Task Forces and Community Protection Units in the Perspective of Siyasah Dusturiyah (Case Study in Perbarakan Village, Pagar Merbau District, Deli Serdang Regency) Tarigan, Fadhlan Fahmi; Suparmin, Sudirman
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.v14i3.1378

Abstract

This article discusses the implementation of Ministry of Home Affairs Regulation (Permendagri) No. 11 of 2023 concerning Facilities and Infrastructure for the Community Protection Task Force (Satgas Linmas) and the Community Protection Unit (Satlinmas) in Perbarakan Village, Pagar Merbau District, Deli Serdang Regency. This study aims to understand how the regulation is implemented in maintaining village security and the role of Satlinmas as the front line in maintaining order and safety in the village environment. The research uses an empirical juridical method. The findings indicate that the implementation of Permendagri No. 11 of 2023 in Perbarakan Village has not been optimal due to the absence of a formally established Satlinmas unit. This has resulted in a weak security system in Perbarakan Village. From the perspective of siyasah dusturiyah, maintaining security is a mandate of leadership that must be carried out for the public good. Therefore, active community participation is a key element in building an inclusive and sustainable village security system
A Review of Fiqh Siyasah Dusturiyah on the Phenomenon of Money Politics in the 2023 Village Head Elections in Medan, North Sumatra (Case Study of Medan Estate VIII Veteran Complex) Rangkuti, Taufik Hidayat; Batubara, Putri Eka Ramadhani
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.v14i3.1381

Abstract

The election of a village head is a manifestation of popular sovereignty at the village level, aiming to produce leaders who are just, have integrity, and prioritize the interests and welfare of the community. However, in practice, village head elections are often tainted by campaign violations, especially money politics. This phenomenon undermines democratic values, as people's votes can be bought, thus compromising the legitimacy of leadership. This study highlights the 2023 village head election in Medan Estate VIII, Percut Sei Tuan District, Deli Serdang Regency, where strong indications of money politics were found, including cash handouts, basic goods distribution, and promises of projects or positions. The research is analyzed through the perspective of Fiqh Siyasah Dusturiyah, which views leadership as a trust (amanah) and strictly prohibits risywah (bribery), as it contradicts the principles of justice and public interest. In Indonesia's positive law, money politics is considered a criminal act as regulated in various legal instruments such as Law No. 7 of 2017, Law no. 6 of 2014 on Villages, and Government Regulation no. 11 of 2019. This study aims to contribute both academically and practically in building a clean and fair electoral system aligned with Islamic principles, while also raising public awareness of the dangers of transactional politics.
Implementation of Government Regulation no. 94 of 2021 on Civil Servant Discipline from a Constitutional Perspective: A Case Study at the Sub-District Office of Na IX-X, North Labuhanbatu Regency Siregar, Nurjannah; Suparmin, Sudirman
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.v14i3.1389

Abstract

This study aims to examine the implementation of Government Regulation No. 94 of 2021 concerning Civil Servant Discipline from the perspective of Siyasah Dusturiyah, using a case study at the Subdistrict Office of NA IX-X in Labuhanbatu Utara Regency. The research employs a normative-empirical method with a juridical-sociological approach through interviews and document analysis. The findings indicate that the enforcement of the regulation remains suboptimal due to the dominance of kinship-based organizational culture, limited legal comprehension among leaders, and the absence of an objective reward and punishment system. From the standpoint of Siyasah Dusturiyah, such leniency violates the principles of administrative justice and leadership accountability. Therefore, it is necessary to strengthen legal discipline training, implement a digital attendance system, and establish a structured mechanism of sanctions and incentives grounded in the values of maq??id al-shar?'ah, in order to build a disciplined, just, and recognized bureaucracy
"Customer Protection Against the Circulation of Counterfeit Money in Au-tomated Teller Machines from the Perspective of Sadd adz-Dzari'ah" Budiman, Mutya Fradilla; Hidayat, Rahmat
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.v14i3.1388

Abstract

The circulation of counterfeit money obtained by customers through Automated Teller Machines (ATMs) is highly detrimental to customers and poses a real threat to the security of banking transactions. This study aims to examine customer protection and accountability regarding the circulation of counterfeit money that comes out of ATMs, also from the perspective of sadd adz-dzari'ah. This research employs a normative legal research method, which focuses on the study of applicable legal norms or rules. In this study, three approaches are used: case approach, legislative approach, and conceptual approach. Sadd adz-dzari'ah is a concept in Islamic law that prevents anything that may cause harm or danger. The results of this analysis indicate that banks have full control over the operations of ATMs. Thus, banks are required to provide forms of protection and accountability to customers who receive counterfeit money through ATMs. Customer protection is preventive, involving initial protection efforts such as regular checks, internal monitoring, and education for customers. The bank's accountability is reactive, carried out after an incident of loss occurs for customers due to negligence or mistakes by the bank, such as internal investigations, compensating for losses if it is proven that the money dispensed from the ATM was counterfeit, or enhancing security systems to prevent similar incidents from occurring. Based on the principle of sadd al-dzari’ah, the protection of customers from counterfeit money emphasizes preventive measures against all forms of harm that may arise, both individually and systematically. This research concludes that the protection of customers against the risk of counterfeit money from ATMs must be a serious concern through relevant government actions to establish clear, firm regulations that consumer interests
Constructing Childhood Realities: A Communication Science Analysis of TikTok’s Age Verification Failure and Psychosocial Impact HF, Nurul Hasriani; An Nur, Fitrinandan
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.v14i3.1377

Abstract

This study explores the failure of TikTok’s age verification system and its psychosocial impact on children aged 10 to 13 in Indonesia. Although the platform sets official age restrictions, many minors are able to bypass these controls and gain access to content that is not suitable for their developmental stage. The analysis highlights how this exposure can lead to increased anxiety, social pressure, distorted self-image, and reduced emotional well-being. The research identifies several contributing conditions in Indonesia, such as the large number of young users, high daily engagement, gaps in regulatory enforcement, cultural practices that increase minors’ visibility online, and recurring technical issues in the verification process. Content analysis revealed common themes in accessible material, including suggestive behavior, mild violence, commercialized influencer culture, and unrealistic body ideals. These patterns suggest that prolonged and repeated exposure shapes children’s perceptions of social norms and expectations, influencing their self-concept and interactions with peers. The findings underscore the urgent need for stronger collaboration between government authorities, digital platforms, and parents. This includes improving verification mechanisms, strengthening regulatory measures, and integrating digital literacy education from an early age to build resilience and equip children with the skills needed to navigate the digital environment safely.
Juridical Analysis of the Crime of Beating Resulting in Death by a Minor Perpetrator: Study of Decision No.1/ Pid.Sus-Anak/2024/PN Mme Felisitha, Gabriela L; Aven, Ghina Shalsabila
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.v14i3.1380

Abstract

Children, as individuals in their developmental stages, have the right to legal protection, including when facing the criminal justice system. However, the involvement of children as perpetrators of criminal acts raises specific issues, as seen in Decision No. 1/Pid.Sus-Anak/2024/PN Mme related to a case of assault that resulted in death. This research focuses on the judge's considerations in imposing sentences and the extent to which the principle of restorative justice is applied in accordance with the Child Criminal Justice System Law. In this study, the method used is normative legal research with a statutory approach, and conceptual approach. This study analyzes Decision No. 1/Pid.Sus-Anak/2024/PN Mme by examining relevant positive norms and data obtained through library research, which is analyzed qualitatively. The research results show that the judge placed more emphasis on proving the elements of the crime according to Article 170 paragraph (2) sub-paragraph 3 of the Criminal Code without optimizing the restorative justice approach. Although age and reconciliation factors are considered, the diversion process is not implemented thoroughly, resulting in juvenile sentencing not reflecting the restorative principles mandated by the SPPA Law. Law enforcement needs to strengthen the rehabilitative approach by optimally utilizing litmas and psychosocial analysis, as well as prioritizing non-custodial sanctions. The implementation of restorative justice must be internalized through diversion and penal mediation with the support of cross-institutional collaboration and adequate legal infrastructure
Framing of Tempo's News Coverage on the Failure to Realise the Nawacita Programme in the Headline "Nawadosa Jokowi" Soediro, Rayhan Althaaf; Samodro, Dewanto
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.v14i3.1383

Abstract

This study aims to examine the framing employed by Tempo in its coverage of the 10th anniversary of Jokowi's administration, focusing on issues in the priority sectors of Nawacita. This study employs a descriptive qualitative research method with data collection techniques of observation and documentation, and data analysis using Robert Entman's framing model. Robert Entman and Erwing Goffman's framing theory is used in this study to strengthen the analysis results and understand the background of Tempo as a media outlet that can influence its framing in news coverage. The results of this study indicate Tempo's critical stance toward the implementation of the Nawacita program over the past 10 years, with Tempo aligning itself with the opposition. This alignment is demonstrated through news articles with negative news values while still adhering to journalistic ethics
The Mechanism of Land Rights Transfer in the Case of Name Discrepancies Between Administrative Documents and Land Ownership Certificates Ompusunggu, Novia Fransisca; Mudiparwanto, Wahyu Adi
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.v14i3.1385

Abstract

Land ownership represents a fundamental aspect of agrarian law in Indonesia, yet discrepancies between names listed in administrative documents and land certificates create significant legal uncertainties that can undermine property rights and generate disputes. This research aims to identify the mechanism for transferring land rights when such discrepancies occur and to assess the legal status of the land ownership in these cases. The study employed a normative legal method with a statute approach, analyzing primary legal materials including Law No. 5 of 1960 (UUPA), Government Regulation No. 24 of 1997, and related regulations, supported by secondary sources. The findings show that the settlement process involves coordination among government agencies, starting from problem identification at the sub-district level, clarification at the Population and Civil Registration Office (Dukcapil), and resolution at the National Land Agency (BPN). Name discrepancies caused by typographical or administrative errors do not affect the validity of ownership, whereas discrepancies due to unregistered transfers result in legal uncertainty and potential disputes. The study concludes that ensuring clarity in land certificates is crucial to achieving legal certainty, preventing disputes, and protecting certificate holders, highlighting the importance of mandatory registration of all transfers within 30 days.
Implementation of Constitutional Court Decision No. 57/PUU-IX/2011 Regarding Smoking-Prohibited Areas and Smoking Areas: A Siyasah Qadhaiyyah Perspective Siregar, Irmansyah Husin
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.v14i3.1387

Abstract

This study examines the implementation of Constitutional Court Decision No. 57/PUU-IX/2011, a landmark ruling that reinforces the right to a healthy environment by mandating the establishment of smoke-free areas and the provision of designated smoking rooms in public facilities. Focusing on its application at the Grand Mosque of Medan, the research adopts the perspective of siy?sah qadh?’iyyah within Islamic legal thought to assess the extent to which the decision achieves its intended goals. The findings reveal several implementation challenges, including inadequate infrastructure, weak supervision, and limited public awareness regarding the legal obligations related to smoking regulations. Through the lens of siy?sah qadh?’iyyah, the study offers both legal and ethical insights into the decision’s effectiveness, particularly in upholding substantive justice and enhancing public welfare. Moreover, the decision aligns with the objectives of maq??id al-shar?‘ah, particularly in the protection of life (?if? al-nafs), intellect (?if? al-‘aql), and the environment (?if? al-bi’ah). The research concludes that integrating contemporary legal mandates with Islamic values is crucial to building a legal framework that is not only just and enforceable but also sustainable and socially resonant.

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