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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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The Bank's Act of Placing a Debt-Defaulter Sticker on the Aggrieved Party Rahmatika, Rizka; Cholil, Mochamad
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.v14i3.1392

Abstract

This research investigates the unilateral action of banks placing "default debtor" stickers on properties, even when the targeted party is not a debtor, causing both material and immaterial harm. The study aims to analyze the legal protection available to affected parties and determine the bank’s liability for such actions. A normative legal research method is used, employing statutory, case, and conceptual approaches. Data is analyzed prescriptively to develop legal arguments based on existing laws. The findings indicate that such actions when conducted without lawful basis or proper verification can constitute unlawful conduct under Article 1365 of the Indonesian Civil Code and violate banking secrecy and consumer protection principles. As institutions of trust, banks are held liable for damages caused by procedural negligence, including when carried out by third parties such as debt collectors. The study concludes that stricter legal mechanisms are necessary to prevent such harmful practices. These mechanisms should include internal safeguards through bank SOPs and external supervision by the Financial Services Authority (OJK). Strengthening these legal protections is essential to uphold justice and ensure that consumers of banking services are treated fairly and their rights respected within the financial sector
Analysis of the Issuance of Land Use Rights in the Name of the Medan City Government from a Fiqh Siyasah Perspective (Study of Decision Number 296/G/2019/PTUN.Medan) Parinduri, Muhammad Rafli; Permata, Cahaya
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.v14i3.1394

Abstract

This study aims to analyze the issuance of land use rights by the Medan City Government from the perspective of Fiqh Siyasah, focusing on Decision Number 296/G/2019/PTUN.Medan. The problem in this case began with the issuance of Certificate of Use Rights Number 01653/Kesawan Village dated March 14, 2018 with a measurement letter Number 00194/Kesawan/2018 covering an area of 1,752 m² in the name of the Medan City Government. The issuance of the certificate was then challenged to the Medan PTUN by the Plaintiff who is the heir of Dalip Singh Bath, who claims to be the legal owner of the land and buildings that are the object of the case. The Plaintiff feels legally and administratively disadvantaged by this action because the issuance of the right of use was carried out without involving or paying attention to existing inheritance rights. This research is a normative legal research with a statute, conceptual, and judicial case study approach. Data were collected through literature studies and analyzed qualitatively. The research results show that the issuance of land use rights by the Medan City Government has led to ownership conflicts with heirs. From a Fiqh Siyasah perspective, government actions should prioritize justice, public interest, deliberation, and the protection of property rights. This study emphasizes the importance of synchronizing positive law with sharia principles in land management by local governments
Implementation of North Sumatra Provincial Regulation No. 3 of 2014 concerning the Implementation of Child Protection Against Differences in Beliefs/Religions Adhered to by Children from the Perspective of Siyasah Dusturiyah Harahap, Syakirah Alda; 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.v14i3.1395

Abstract

This study aims to analyze the implementation of Regional Regulation of North Sumatra Province No. 3 of 2014 on Child Protection, particularly in safeguarding children who experience violence due to religious differences or religious conversion, through the lens of Fiqh Siyasah Dusturiyah. This research employs a normative-empirical legal method, combining statutory, conceptual, and empirical approaches, with data obtained from legislative review and interviews with relevant local government institutions. The case study focuses on a 15-year-old girl named Dewi, who faced physical and psychological violence from her father in 2023 after converting from Christianity to Islam. The findings reveal that the regulation is implemented mostly in administrative terms and lacks substantive legal enforcement. From the perspective of Fiqh Siyasah Dusturiyah, the state should act as a guardian of justice and protector of maq??id al-shar?'ah. Therefore, this study recommends a policy reform grounded in constitutional justice and Islamic benefit values to ensure comprehensive protection of children's spiritual rights and physical safety
Public Awareness and Legal Compliance with the Implementation of Public Order Policies in Bagan Batu, Rokan Hilir: A Syariah Law Perspective Nasution, Putri Ramadayanti; Sari, Seva Maya
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.v14i3.1396

Abstract

This study examines the legal awareness and compliance of the public regarding public order policies in Bagan Batu, Rokan Hilir, based on Regional Regulation No. 3 of 2014, using a juridical-empirical legal approach and the perspective of siyasah syar'iyah. The findings indicate that public legal awareness remains pragmatic and has not been fully internalized into consistent legal behavior. Violations committed by street vendors are largely driven by economic hardship, institutional weaknesses, and the absence of viable relocation alternatives. The author critically argues that policies lacking justice and public benefit fail to gain social legitimacy. From the perspective of siyasah syar'iyah, legal obedience must be built on the principles of justice ('adl), public interest (maslahah), and participatory governance (sh?r?). Qur'an Surah An-Nisa (4):59 and Imam al-Mawardi's views assert that obedience to government is conditional upon the fairness and benefit of its policies. Therefore, strengthening legal awareness requires institutional reform, legal education, and the formulation of just and inclusive policies based on Islamic ethical governance
Analysis of the Uncertainty of Basic Wages in the Employment Agreement of PT X from the Perspective of Law No. 13 of 2003 on Manpower and DSN-MUI Fatwa No. 112/DSN-MUI/IX/2017 Sima, Dwi; Sahliah, Sahliah
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

An employment agreement is a legal instrument that underlies the bond between workers and employers, encompassing the rights and responsibilities of each party. One of the essential elements of the agreement is the basic wage, which serves as the foundation for calculating various wage components. Ambiguity in stipulating the basic wage often leads to negative effects, with serious implications for legal protection and legal certainty for workers. This research aims to examine the issue of ambiguity in determining the salary or basic wage in employment contracts at PT X, using the perspective of Law No. 13 of 2003 on Manpower and Fatwa No. 112/DSN-MUI/IX/2017. To complete this study, the author applies a normative juridical research method. The findings reveal that the absence of a detailed basic wage in the employment contract at PT X contradicts the provisions of Article 54 paragraph (1) letter e of Law No. 13 of 2003 on Manpower, as well as the principle of clarity of ujrah (wages) in an ijarah contract. Therefore, it is necessary to revise PT X’s employment contracts by specifying the basic wage components in detail and explicitly, as a form of legal certainty and legal protection for employees, in accordance with applicable legal regulations and sharia values
Analysis of Constitutional Court Decision No. 150/Puu-Xxii/2024 Concerning Civil Servant (PNS) Lecturers Being Advocates from the Perspective of Fiqh Siyasah Ulong, Raja; Iwan, Iwan
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.v14i3.1401

Abstract

The Constitutional Court Decision No. 150/PUU-XXII/2024 allows civil servant lecturers to engage in the legal profession as advocates, strictly within the framework of community service. This study aims to examine the normative structure of both the legal profession and the civil service, analyze the content of the Constitutional Court's decision, and assess its implications from the perspective of fiqh siyasah (Islamic constitutional political jurisprudence). This research employs a normative legal method using statute, case, and conceptual approaches, supported by classical and contemporary Islamic political theory. The findings reveal normative disharmony between the Court's decision and the Law on Advocates, the Civil Service Law, and the Law on Civil Servant Discipline. Although the ruling offers individual benefit (maslahah), from the perspective of fiqh siyasah, combining the roles of lecturer and advocate contradicts the principle of separation of power (ta'addud al-mas'uliyyah) and may trigger structural disruption within public institutions. Therefore, the policy should be accepted only under strict regulatory control and institutional ethical oversight to safeguard justice, neutrality, and governance stability
Legal Protection Against Unilateral Cancellation for Tenants of Shophouses Built on Cultivated Land Based on DSN-MUI Fatwa No. 112/DSN-MUI/XI/2017 Husni, Zahra Chairawani; 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.v14i3.1407

Abstract

The issue of legal protection for shophouse tenants who experience unilateral cancellation due to unclear land status, particularly when the shophouse is built on cultivated land, remains a significant challenge in Indonesia's business sector. This study employs a normative legal method by analyzing laws and regulations, fatwas, and relevant literature, with a focus on the application of DSN-MUI Fatwa No. 112/DSN-MUI/XI/2017 concerning the ijarah contract. The findings indicate that tenants are highly vulnerable to financial losses and business disruptions when shophouse owners unilaterally terminate leases, especially when land ownership status is uncertain. The fatwa provides a sharia-based explanation emphasizing the importance of ownership clarity, mutual agreement, and fair compensation in lease contracts. The implementation of DSN-MUI Fatwa no. 112/DSN-MUI/XI/2017 is considered a potential solution to address unilateral cancellations, offering legal certainty and protection for all parties, as well as serving as a basis for recommendations to policymakers and business actors in creating fair and sharia-compliant lease agreements.
Juridical Analysis of the Criminal Act of Distributing Trihexyphenidyl (Case Study: Decision Number 24/Pid.Sus/2024/PN Smn and Decision Number 288/Pid.Sus/2024/PN Yyk) Maharani, Natasya; Retno Mumpuni, Niken Wahyuning
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.v14i3.1408

Abstract

Trihexyphenidyl is a controlled drug prone to misuse, and its distribution without marketing authorization poses a serious threat to public health, particularly in the Special Region of Yogyakarta. This phenomenon frequently involves adolescents and presents significant challenges to law enforcement. This study aims to analyze the legal provisions, law enforcement practices, and sentencing disparities concerning offenders involved in the unauthorized distribution of Trihexyphenidyl, based on Decision Number 24/Pid.Sus/2024/PN Smn and Decision Number 288/Pid.Sus/2024/PN Yyk. The research employs a normative legal method through literature review and statutory analysis, complemented by an empirical approach involving interviews with law enforcement officials and the National Agency of Drug and Food Control (BPOM), as well as case studies of the two court decisions. The analysis is conducted qualitatively and descriptively. Both decisions affirm that unauthorized distribution constitutes a formal offense; however, sentencing disparities are evident, influenced by factors such as the offender’s role, the quantity of evidence, and mitigating circumstances. The primary challenges include proving mens rea, weak regulatory oversight, and the prevalence of online distribution. Law enforcement has recognized the unauthorized distribution of Trihexyphenidyl as a serious crime; nonetheless, consistency in sentencing and the strengthening of local regulations are required to close legal loopholes and enhance deterrence
Legal Analysis of the Use of Electronic Evidence in Providing Evidence in Cor-ruption Cases (Decisions in Indonesia) Saputra, Aga Naya; Aven, Ghina Salsabila
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.v14i3.1410

Abstract

The rapid development of information technology has significantly transformed criminal procedure law, particularly regarding the recognition and use of electronic evidence. In corruption cases, electronic evidence has become a central instrument in uncovering modus operandi, tracing financial flows, and proving the involvement of perpetrators. This study aims to analyze the juridical status, practical application, and challenges of using electronic evidence in proving corruption cases in Indonesia. The research employs normative legal methods with statutory and case approaches, relying on secondary data such as legislation, legal literature, and relevant court decisions. The findings indicate that electronic evidence has obtained normative legitimacy through the Electronic Information and Transactions Law, the Anti-Corruption Law, and progressive judicial decisions. In practice, electronic evidence plays a decisive role in major corruption cases, although its implementation faces challenges related to authenticity, integrity, limited technical capacity of law enforcement officers, and regulatory disharmony. In conclusion, electronic evidence strengthens the evidentiary system in corruption cases, but legal harmonization, forensic technical standards, and capacity-building for law enforcement are required to ensure effectiveness and legal certainty.
Behind The Scenes Implementation of Islamic Law and Positive Law in Re-sponding To 'Sound Horeg' In Indonesia Winanda, Pandu Arya; Alam, Syariful
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.v14i3.1390

Abstract

This study analyzes the implementation of Islamic law and positive law in responding to contemporary social problems, particularly regarding the proper use of sound horeg in society. The method used is empirical juridical, with the first discussion topic being the problematic of sound horeg in Indonesia, the second being the legal approach to violations of sound horeg in society, and the controversy of sound horeg as a culture in Muslim society. Primary data was obtained through interviews and direct observation, while secondary data came from laws and regulations, Islamic legal literature, journals, books, and positive legal doctrine. The results of the study indicate that there is synchronization and conflict between Islamic legal norms and positive law in terms of regulations in terms of the substance of the law, however, law enforcement against the use of sound horeg has not been running optimally, which is influenced by cultural and social factors of society. This study provides recommendations so that the integration of both can be carried out harmoniously for the sake of creating social order and protecting people's rights without ignoring religious values ??and individual interests. By providing recommendations for research that changes to the offense in Article 503 of the Criminal Code must be made. The empirical juridical approach has proven effective in understanding the complexity of law application in a dynamic social context

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