cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
HENGKI TAMANDO
Contact Email
hengki_tamando@yahoo.com
Phone
+6281260574554
Journal Mail Official
legalbrief@isha.or.id
Editorial Address
Romeby Lestari Housing Complex Block C Number C14, North Sumatra, Indonesia
Location
Unknown,
Unknown
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
 86   87   88   89   90 
Analysis of Breach of Contract Agreement in a Company and Handling of Violations (Case Study on PT. Indo Rice Unggul) Paath, Christy Giana
LEGAL BRIEF Vol. 14 No. 4 (2025): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i4.1422

Abstract

The violation of the agreement committed by PT. Indo Beras Unggul with Indomaret has violated article 1335 concerning an act by which one or more persons bind themselves to one or more persons. This journal was created with the aim of creating justice in contractual agreements and bringing optimal welfare. This research method uses the Qualitative Research Method and uses the analysis techniques of Literature Studies and Literature Studies, using data collection techniques based on the internet, books, journals, papers, and also articles. Based on the case raised by the author in this journal, it shows that both in terms of criminal law, especially in terms of civil law, that PT. Indo Beras Unggul violates article 1335 of the Civil Code which prohibits the making of contracts without causa, or made based on false or prohibited causa, with the consequence that it has no force. Because the rice provided by PT. indo Superior Rice to Indomaret is not in accordance with what was previously agreed. Therefore, the sanctions that can be given to PT. Indo Beras Unggul in accordance with the provisions of the Civil Code in article 1243 of the Civil Code regarding forced fulfillment, articles 1365 and 1367 of the Civil Code regarding compensation, articles 1266 and 1267 of the Civil Code regarding termination or cancellation of contracts, article 1253 of the Civil Code regarding the obligation to return. Therefore, the perpetrators must be given strict action regarding what has been done in accordance with the regulations and sanctions that have been set by the Law
The Absence of Legal Consequences for Ignoring the Obligation to Submit SPDP to the Reporter and the Reported Party: A Review of the Implementation of Constitutional Court Decision Number 130/PUU-XIII/2015 Kusnadi, Yedi; Tangdilintin, Arya Ramadhan; Syahird, Ahmad
LEGAL BRIEF Vol. 14 No. 4 (2025): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i4.1425

Abstract

This study aims to examine in depth the legal aspects of the neglect of the obligation to submit SPDP to the reporter and the reported party after the Constitutional Court Decision No. 130/PUU-XIII/2015. This research is of a normative legal nature, with data collection techniques conducted through library research, namely laws and regulations, case studies, namely Constitutional Court decisions, and conceptual approaches. Additionally, the author also conducted library research using data and books related to the research topic. The data obtained were analyzed qualitatively and then presented descriptively. The research results indicate that: 1) Constitutional Court Decision No. 130/PUU-XIII/2015 explicitly expands the obligation of investigators to submit the SPDP not only to the public prosecutor but also to the reported party and the complainant/victim within a maximum period of 7 (seven) days from the issuance of the investigation order. This reflects the principle of due process of law and guarantees constitutional rights as enshrined in Article 28D(1) of the 1945 Constitution. Although this provision is self-executing in nature and has been adopted in Regulation of the Chief of the Indonesian National Police No. 6 of 2019, significant disparities still exist in its implementation; and 2) The absence of clear legal consequences for violations renders this norm ineffective, as stated by Hans Kelsen. The SPDP plays a crucial role in ensuring human rights and legal protection for all parties involved in the criminal justice process
Formation of New Autonomous Regions in The Indonesian Constitutional System Kholifatul Umam, Tubagus Fadli; Fuqoha, Fuqoha
LEGAL BRIEF Vol. 14 No. 4 (2025): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i4.1430

Abstract

This study examines the formation of New Autonomous Regions (DOB) within Indonesia’s constitutional framework and analyzes the principles and impacts of the moratorium policy on DOB creation from legal and political perspectives. Grounded in the decentralization principle of the Unitary State of the Republic of Indonesia (NKRI), DOB formation aims to promote equitable development and enhance public services. However, the moratorium policy, in place since 2014, reflects concerns over fiscal burdens and regional readiness, creating tensions with local aspirations. Using a juridical-normative approach, the study reviews key legal frameworks, including the 1945 Constitution and Law Number 23 of 2014, alongside case studies of Papua, West Papua, and Sorong. Findings reveal that while the legal basis for DOB formation is clear, implementation faces administrative and political challenges. The moratorium, lacking a robust legal foundation, prioritizes national fiscal and political considerations over local needs, particularly in regions like Papua with strong demands for autonomy. The study underscores the need for a balanced, transparent approach to reconcile decentralization goals with effective governance
A Comparative Study on the Civil Relationship Between Fathers and Their Biological Children in Southeast Asia and the Middle East Amaliya, Nabila Salma
LEGAL BRIEF Vol. 14 No. 4 (2025): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i4.1439

Abstract

Legally, every citizen possesses civil rights that must be protected. However, not all children are born into favorable circumstances. Some are born within lawful marriages, while others are born outside marital bonds. This study examines the civil relationship between fathers and their biological children in selected Southeast Asian countries, namely Indonesia and Malaysia, as well as Middle Eastern countries such as Kuwait and Morocco. The objective is to analyze the legal framework governing the status, rights, and obligations of fathers toward their biological children in these four jurisdictions. The research employs a normative juridical method with a qualitative and comparative approach. Findings reveal that in Indonesia, dualism exists among the Civil Code, the Marriage Law, and the Compilation of Islamic Law. In Malaysia, the civil relationship between a biological father and a child born out of wedlock is strictly limited under the National Fatwa Council and the Islamic Family Law Act, denying nasab, maintenance, and inheritance rights from the biological father. Similarly, Kuwaiti family law recognizes civil relations only through valid marriage. In Morocco, paternal civil relations are legally acknowledged solely when the child is born within a lawful marriage
The Influence of Money Politics on Public Participation in Electing Regional Head Candidates in 2024 in Suka Maju Village, Pahae Jae District, North Tapanuli Regency, Siyasah Dusturiyah Perspective Br Ginting, Sofa Edininta; Fatimah, Fatimah
LEGAL BRIEF Vol. 14 No. 4 (2025): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i4.1441

Abstract

This study aims to analyze the influence of money politics on public participation in the 2024 regional head elections in Suka Maju Village, North Tapanuli Regency, from the perspective of Siyasah Dusturiyah (state politics in Islam). Money politics, which involves the provision of material or other rewards to influence political choices, is considered a practice that undermines democratic values ??and violates the principle of justice in Islam. This study used a qualitative approach with field studies, in-depth interviews, and documentation. The results show that the practice of money politics is still widespread and has a significant influence on the voting decisions of some residents, especially those in low economic conditions. However, there are also community groups who reject money politics based on ethical awareness and religious values. From the perspective of Siyasah Dusturiyah, money politics contradicts the principles of justice, trustworthiness, and deliberation, which are the basis for electing leaders with integrity. Therefore, political education and strengthening of Islamic values ??are needed so that public political participation is not based on material rewards, but rather on moral considerations and the quality of prospective leaders
Legal Analysis of Decision No. 575/Pdt/2019/Pt.Bdg Regarding Sales and Purchase Agreements Containing Elements of Fraud through the Principle of Consensuality Hafizh, Fauzan; Lubis, Syofiati
LEGAL BRIEF Vol. 14 No. 4 (2025): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i4.1451

Abstract

This study discusses the application of the principle of consensualism in contract law, particularly in the case of a sale and purchase agreement containing elements of fraud as reflected in the Bandung High Court Decision Number 575/PDT/2019/PT.Bdg. The main focus of the study is to examine the validity of the sale and purchase agreement if there is a defect in will arising from fraud (bedrog) and its legal implications for the parties. The research method used is normative juridical with a library approach, which emphasizes the analysis of articles of the Civil Code, legal literature, and related court decisions. The results of the study indicate that the principle of consensualism as a requirement for the validity of an agreement (Article 1320 of the Civil Code) is not sufficient to be interpreted only with formal agreement, but must be based on free will, honesty, and without fraud. In this case, the binding agreement for the sale and purchase of a house (SP3R) was declared legally invalid because the object of the agreement did not match what was promised, so that the agreement of the parties was not born purely. The panel of judges emphasized that agreements arising from fraud can be annulled and even declared null and void (Article 1321 of the Civil Code), and all legal consequences must be restored, including the return of payment to the buyer. Thus, this study confirms that the principle of consensualism in Indonesian contract law cannot be separated from the principles of honesty, propriety, and good faith. This decision also strengthens the doctrine that agreements containing elements of fraud lose their legal legitimacy and do not produce legal consequences binding on the parties
The Influence of the Level of Knowledge of Halal Certification Law on the Interest of MSMEs in Registering Halal Products Putra, Taufan Perdana; Setyoningrum, Novita; Dinata Sagitr, Galuh Arga
LEGAL BRIEF Vol. 14 No. 4 (2025): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i4.1449

Abstract

The implementation of Law Number 33 of 2014 concerning Halal Product Assurance faces significant challenges in the Micro, Small, and Medium Enterprises segment, particularly related to low participation in the halal certification scheme. This study aims to analyze the influence of the level of legal knowledge of halal certification on the interest of MSMEs in registering halal products in Blitar Regency, East Java. Using a quantitative approach with a cross-sectional survey design, the study involved 97 respondents from the food and beverage sector MSMEs who did not yet have halal certification. Data were collected through a structured questionnaire based on a Likert scale and analyzed using simple linear regression. The results showed a positive and significant influence of legal knowledge on certification interest with a regression coefficient of 0.444 and a significance value of p<0.001, indicating that increased understanding of the substantive, procedural, and sociological dimensions of halal certification regulations will accelerate business actors' intentions to access the certification scheme. This finding confirms the relevance of legal knowledge as a crucial determinant of MSME regulatory compliance, although it only explains 15.3% of the variation in interest, indicating the need to explore complementary factors. The practical implications of the research emphasize the urgency of transforming the legal information dissemination strategy from a sporadic socialization pattern to a systematic and sustainable participatory educational approach.
Legal Consequences of Fines for Street Vendors Through North Sumatra Provincial Regulation Number 35 of 2025 from the Perspective of Siyasah Qadhaiyyah (Case Study of North Labuhanbatu) Nasution, Imam Mashuri; Harahap, Mhd Yadi
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1476

Abstract

This study aims to analyze the legal consequences of imposing fines on street vendors (PKL) in North Labuhanbatu Regency who sell on the roadside, viewed from the perspective of siyasah qadhaiyyah. This issue is important to study considering that many street vendors still violate the provisions of North Sumatra Provincial Regulation Number 35 of 2025, thus causing disturbances to public order. To obtain answers to the above problems, this study uses an empirical legal research type with a case study approach and statutory regulations. The data were collected through field observations and in-depth interviews with informants / respondents. The results of the study indicate that the imposition of fines has not fully complied with the provisions of the Regional Regulation, both in terms of amount and imposition procedures. From the perspective of siyasah qadhaiyyah, these sanctions must be implemented by considering the principles of benefit, proportionality, and justice so as not to cause greater harm to traders
The Role of Notaries in the Auction Process: A Comparative Analysis be-tween Indonesia and Malaysia Maskanah, Ummi; Putri, Adinda Amalia; Abiyyu, Rizki Daffa; Praidno, Zahra Ardhanie
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1479

Abstract

This study aims to analyse and compare the role of notaries in the auction process between Indonesia and Malaysia using a normative-comparative legal approach. The main issue of this study stems from the differences in institutional structure and legal basis governing the authority of notaries in the auction system in both countries. In Indonesia, the role of notaries is based on Law Number 2 of 2014 concerning the Position of Notaries, the Vendu Reglement (Staatsblad 1908:189), Minister of Finance Regulation No. 213/PMK.06/2020, and Minister of Finance Regulation No. 86/PMK.06/2024 concerning Auction Minutes. In Malaysia, auctions are conducted based on the National Land Code (Revised 2020) and Court Regulations 2012, which are carried out digitally through the e-Lelong system under the supervision of the High Court of Malaya. This study uses a normative-comparative legal approach (doctrinal and comparative legal research) with qualitative-descriptive analysis methods. The data used consists of secondary legal materials in the form of legislation, legal doctrine, and relevant academic literature. The analysis was conducted with reference to the theory of legal effectiveness (Fuller, 1969), the theory of legal certainty (Radbruch, 2006), and the theory of comparative legal functionalism (Zweigert & Kötz, 1998). The results of the study show that the Indonesian legal system is still centred on notaries, emphasising formal legitimacy and the authenticity of deeds, while Malaysia has implemented a judicial auction system model that integrates digitalisation and efficiency of legal processes through e-Lelong. The role of notaries in Indonesia is functional but limited, as the substantive authority to conduct auctions remains in the hands of auction officials, whereas in Malaysia, the function of notaries is almost non-existent as the entire process is under the control of the courts. Theoretically, this study reinforces the view that the effectiveness of the law is not determined solely by legal officials, but rather by the clarity of norms, institutional consistency, and the ability of the system to adapt to legal technology. In practical terms, this study recommends two things: (1) the need to harmonise regulations between the Notary Law and the Minister of Finance Regulation on Auctions to clarify the limits of legal officials' authority, and (2) the acceleration of national auction digitalisation, such as the e-Lelong system in Malaysia. Thus, Indonesia can realise a more efficient and transparent auction system that is in line with the principles of legal certainty, justice, and legal benefits.
Analysis of Joint Property Distribution Using The Concept Of Jurimetry: Perspectives From John Rawls And Jeremy Betham's Theories Of Justice Azizah, Alia; Fauzi , Mohammad Yasir; Indra, Gandhi Liyorba
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1483

Abstract

The division of joint property as regulated in Article 97 of the Compilation of Islamic Law (KHI) is set at half (1/2), unless otherwise specified in the marriage agreement. This approach is often used as a reference by judges because it provides legal certainty. However, this provision is often considered to not take into account the condition of wives who bear a double burden, namely taking care of domestic affairs while also playing a role in the public sphere. This study aims to examine the division of joint property using the concept of jurimetry in the perspective of the theory of justice proposed by John Rawls and Jeremy Bentham, in order to evaluate the extent to which substantive justice is reflected through the application of jurimetry in joint property cases. The method used is normative legal research with a legislative, conceptual, and case study approach. The findings of the study indicate that the use of jurimetrics in joint property cases must be combined with the principles of justice according to Rawls and Bentham, so that the division is not solely based on a formal legal approach but also considers aspects of social and moral justice

Page 88 of 93 | Total Record : 921

 86   87   88   89   90 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol. 14 No. 6 (2026): Law Science and Field Vol. 14 No. 5 (2025): December: Law Science and Field Vol. 14 No. 4 (2025): October: Law Science and Field Vol. 14 No. 3 (2025): August: Law Science and Field Vol. 14 No. 2 (2025): June: Law Science and Field Vol. 14 No. 1 (2025): April: Law Science and Field Vol. 13 No. 6 (2025): February: Law Science and Field Vol. 13 No. 5 (2024): December: Law Science and Field Vol. 13 No. 4 (2024): October: Law Science and Field Vol. 13 No. 3 (2024): August: Law Science and Field Vol. 13 No. 2 (2024): June: Law Science and Field Vol. 13 No. 1 (2024): April: Law Science and Field Vol. 12 No. 6 (2024): February: Law Science and Field Vol. 12 No. 5 (2023): December: Law Science and Field Vol. 12 No. 4 (2023): October: Law Science and Field Vol. 12 No. 3 (2023): August: Law Science and Field Vol. 12 No. 2 (2023): June: Law Science and Field Vol. 12 No. 1 (2023): April: Law Science and Field Vol. 11 No. 6 (2023): February: Law Science and Field Vol. 11 No. 5 (2022): Desember: Law Science and Field Vol. 11 No. 4 (2022): October: Law Science and Field Vol. 11 No. 3 (2022): August: Law Science and Field Vol. 11 No. 2 (2022): Law Science and Field Vol. 11 No. 1 (2021): Law Science and Field Vol. 10 No. 2 (2021): Law Science and Field Vol. 10 No. 1 (2020): Law Science and Field Vol. 9 No. 2 (2020): Law Science and Field Vol. 9 No. 1 (2019): Law Science and Field Vol. 8 No. 2 (2019): Law Science and Field Vol. 8 No. 1 (2018): Law Science and Field More Issue