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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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Legal Certainty of Follow-up Actions on Peace Agreements Resulting from Mediation at the Gorontalo City Consumer Dispute Resolution Agency Podungge, Abdul Madjid; Solihin, Dwi Indah Yuliani; Huwana, Robby
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.v14i5.1485

Abstract

The 2024 empirical investigation into the legal certainty of mediation agreements at the Gorontalo City Consumer Dispute Resolution Agency (BPSK) where 27 of 40 cases were successfully resolved underscores the agency’s vital role as an efficient, socio-economic safeguard for vulnerable consumers. However, this study reveals a critical structural vulnerability: unlike the robust enforcement provided for arbitration and court-annexed mediation, the lack of automatic judicial homologation renders BPSK’s Peace Deeds vulnerable, coupled with the recurring problem of business actor non-compliance. These factors position the agreement as a mere moral obligation rather than an enforceable executory title. To transform these outcomes into legally binding instruments, this study advocates for the immediate adoption of an integrated governance model centered on three priority policies: digital integration with the Court's SIPP to streamline ratification and reduce bureaucratic latency; standardization of SOPs and document formats to ensure technical compliance with Article 130 HIR; and mandatory mediator certification to guarantee the drafting of judicially executable agreements. Furthermore, acknowledging the single-jurisdiction scope, future research is necessitated to validate the model's scalability through longitudinal comparative studies across high-volume regions and sector-specific analyses (e.g., digital economy) to ensure efficacy against complex cross-border defaults
Responsibility of Bank Financial Institutions for The Loss of Customer Money Saved In Their Accounts Wattimena, Yohanes Yosua; Renjaan, Henrikus; Siswani, Carina Budi
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.v14i5.1486

Abstract

This study analyzes the legal responsibility of banking and financial institutions for the loss of customer funds stored in their accounts, a problem that has grown alongside the rapid expansion of digital banking and financial technology in Indonesia. Using a normative juridical method with statutory, conceptual, and case approaches, this research examines the legal foundations, scope of liability, and dispute-resolution mechanisms applicable when customer funds are lost due to system errors, internal negligence, or cybercrime. The findings reveal that banks’ obligations arise from multiple legal regimes: contractual liability under deposit agreements, non-contractual liability for unlawful acts, administrative obligations under the Banking Law and OJK regulations, and strict liability principles under consumer protection law. Although these norms require banks to safeguard customer assets, investigate losses, and provide compensation, practical implementation often remains weak, leaving customers in a disadvantaged position during dispute resolution. Mediation through OJK and internal complaint units provides alternative mechanisms, yet outcomes are not always binding or effective. Strengthening prudential principles, cybersecurity standards, and supervisory enforcement is essential to ensure substantive protection for customers and maintain public trust in the financial system
Payment of Marriage Assets from the Perspective of Customary Law of The Maybrat Tribe in West Papua Kareth, Yusak Jimmy; Wanma, George Frans; Luturmas, Agustinus
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.v14i5.1487

Abstract

This study examines the practice of marriage property payment (dowry) within the Maybrat customary law community in Papua, focusing on its forms, procedures, and socio-legal significance. The tradition centered on the highly valued Eastern Cloth (Bo) functions not only as a cultural symbol of honor and kinship integration but also as a mechanism for wealth redistribution and social legitimacy within the clan system. Using an empirical socio-legal approach, this research explores how dowry payment practices reflect collective obligations, cultural identity, and intergenerational continuity. Data were collected through legal document analysis, customary law sources, and relevant literature. The findings show that dowry payment rituals, including the proposal (Amu Nfot Bofot), negotiation, verification, and ceremonial handover, carry deep social and symbolic meaning, particularly regarding respect for women and family alliances. However, tensions arise when these customary practices intersect with Indonesian national law, especially concerning gender equality, marriage validity, and human rights protections. While the Constitution recognizes customary communities and their traditions, the increasing economic burden and potential commodification of women pose legal and ethical challenges. The study concludes that harmonizing customary norms with national legal principles requires inclusive dialogue and adaptive legal frameworks that respect cultural identity while safeguarding fundamental rights
Victimology Aspects from the Perspective of Legal Protection of Children As Victims of Criminal Acts of Intercourse Ayorbaba, Gracetin Yosepina; Hammar, Roberth K.R.; Silubun, Siria
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.v14i5.1488

Abstract

This article examines the application of victimology in the legal protection of children as victims of sexual intercourse crimes in Indonesia. Using a normative juridical method complemented by conceptual and case approaches, it analyses child protection laws, the Juvenile Criminal Justice System Law, the Criminal Code, and selected court decisions, particularly from Papua and Maluku. The study explores how victims are positioned within the criminal justice process, whether as mere objects of evidence or as rights-bearing subjects entitled to protection, recovery, and restitution. The findings show that, although the legal framework formally recognizes preventive and repressive protection, implementation remains fragmented: trauma-informed procedures, child-friendly examinations, psychological support, and restitution orders are often absent or inconsistent. As a result, child victims frequently experience revictimization and unresolved psychological and social harm. Drawing on modern victimology and restorative justice theory, the article argues for a victim-centred juvenile justice paradigm that integrates preventive safeguards, comprehensive rehabilitation, and effective coordination among law-enforcement, child-protection agencies, and support institutions. Strengthening these elements is essential to realizing a truly child-friendly justice system and fulfilling the state’s constitutional mandate to protect children from sexual violence
Legal Protection For Occupants Of Magersari Land Held For 90 Years Maulana, Farah Fauziah; Subekti, Rahayu; Isharyanto, Isharyanto
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.v14i5.1490

Abstract

This study examines the form of legal protection for the community that has occupied Magersari land for approximately 90 years against illegal transfer of rights. Long-term occupation of land has given rise to certain rights for the occupants, but these rights are often threatened by illegal actions that have the potential to harm them. The approach of this study used normative juridical, examining the provisions of laws and regulations, legal doctrines, and relevant court decisions. Based on Article 24 paragraph (2) of PP No. 24 of 1997 concerning Land Regristration, individuals who have physically controlled land for more than two decades in good faith and without dispute can apply for registration of land rights. This provision is very relevant to the condition of Magersari land, where the community has occupied the land for generations and is recognized by the surrounding community. Evidence of physical control, reinforced by a letter of reference from the local village office, can be used as an administrative basis for the legalization process. The results of the study confirm that legal recognition through land registration is an important step in ensuring legal certainty, protecting community rights, and preventing future agrarian disputes.
Authority of Traditional Leadership in Natural Resource Management in the Meyah Tribe of Manokwari Mandacan, Noris; Hammar, Roberth K.R.; Labobar, Filex M.
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.v14i5.1491

Abstract

This study examines the leadership structure and authority of the Meyah customary law community in managing natural resources in Manokwari Regency, West Papua. Using a qualitative approach using legal ethnography methods combined with an empirical juridical model, this study highlights how living customary law serves as the primary foundation for maintaining the ecological, spiritual, and social balance of the community. The findings indicate that tribal chiefs and customary councils play a central role in establishing customary rules related to the management of customary lands, customary forests, rivers, and sacred areas, based on the values ??of deliberation and respect for ancestors. However, this authority faces serious challenges, such as the dominance of state law based on formal documents, overlapping customary territories with investment permits, and weak recognition of customary institutions in public policy. This article concludes that strengthening customary authority requires structural and legal strategies, such as the issuance of Perdasus, participatory mapping of customary territories, community legal literacy, and strengthening the political representation of indigenous communities. It is crucial as part of protecting constitutional rights and preserving local wisdom-based natural resource governance
Consumer Protection in Health Services: A Normative Analysis Of Patient Rights In Medical Malpractice Cases Pamungkas, Baskoro Tri; Ahzar, Rizki Maulana; Chariza, Alvian Tresna
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.v14i5.1493

Abstract

Medical malpractice is a legal issue that positions patients as a vulnerable party susceptible to harm due to the istakes or negligence of medical personnel. This research employs a normative juridical method to examine the implementation of consumer protection priciples from Law No 8 of 1999 to cases of medical malpractice, as well as the dispute resolution mechanisms under Law No. 17 of 2023 concerning Health. Patients are positioned as consumers of health services who possess fundamental rights, such as the right to receive accurate information, safe services, and compensation in the event of negligence. Protection is afforded through preventive measures in the form of professional supervision and development, as well as repressive measures through criminal, civil, or ethical channels. The Health Law provides a tiered dispute resolution mechanism, commencing with mediation, familial settlement, examination by a Disciplinary Council, and litigation if necessary. The affirmation of the le.gal responsibility of medical personnel and the obligation for providers to pay compensation establishes consumer protection as a crucial framework for ensuring patient safety and enhancing the accountibility of health services
Abuse of Circumstances as Grounds for Cancellation of Transfer of Rights (Study of Decision Number 186/Pdt.G/2024/Pn Skt) Roseandi Dewi, Anya Diyang; Khaerudin, Ariy; Faried, Femmy Silaswati
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.v14i5.1494

Abstract

This research examines the application of the concept of undue influence (misbruik van omstandigheden) as an indication for the cancellation of the transfer of rights in Indonesian civil law, specifically through an analysis of Surakarta District Court Decision Number 186/Pdt.G/2024/Pn Skt. Although not explicitly regulated in Indonesian Civil Code, this concept has gained judicial recognition through court decisions and jurisprudence. Undue influence occurs when an agreement is formed under conditions of disparity, where one party takes advantages of the economic or psychological weakness of the other party to obtain unfair benefits. This research uses a normative legal research method with a conceptual approach, examining secondary data through a literature study consisting of primary, secondary, and tertiary legal materials. The data analysis was conducted qualitatively through the stages of data reduction, data representation, and conclusion making. The result of the study show that the concept of undue influence is applied in Indonesian civil law based on open contract law system, the principles of freedom of contract and good faith, as well as the doctrine of unlawful acts. In decision number 186/Pdt.G/2024/Pn Skt, the judges identified five elements of undue influence, including circumstances that weaken the position of the plaintiffs, an unequal power relationship, exploitation of the circumstances by the defendant, lack of freedom of will, and conflict with decency, justice, and humanity.
Criminal Liability of Parents for Economic Exploitation of Children Marva Ria, Laverda Daffa; Khaerudin, Ariy; Farried, Femmy Silaswati
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.v14i5.1496

Abstract

The economic exploitation of children by parents reflects social inequalities and weak legal protections for vulnerable groups in Indonesia, exacerbated by poverty, low education levels, and inadequate state oversight in the informal sector. This study aims to analyze the criminal liability of parents for the economic exploitation of children based on Indonesian positive law, including the Child Protection Law and the Criminal Code (KUHP 1946 and KUHP 2023), as well as identify gaps between legal norms and their implementation. The research employs a normative juridical approach with a statutory approach, utilizing secondary legal materials such as laws, doctrines, and relevant literature, analyzed through qualitative-descriptive methods. The results indicate that regulations prohibiting the economic exploitation of children align with the principles of child protection in Indonesia's legal system, which is vertically harmonious from the Constitution to sectoral regulations, and consistent with international instruments like the CRC and ILO Conventions. However, the criminal liability of parents is strongly based on the Child Protection Law (Articles 76I and 88) and Criminal Code provisions on participation, with theories such as strict liability and vicarious liability applicable. Despite a strong normative framework, law enforcement is hindered by low legal awareness, permissive culture, and narrow interpretations of exploitation. In conclusion, although legal norms effectively criminalize exploitation by parents, practical implementation requires stricter enforcement, consistent interpretations prioritizing the best interests of the child, and social policies to address root causes, to ensure substantive child protection
West Papua Regional Police Efforts in Handling Illegal Mining Crimes in Manokwari Regency Sroyer, Dance Markus; Balubun, Daud Daniel; Hammar, Imanuel I.R.
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.v14i5.1499

Abstract

This study examines the efforts of the West Papua Regional Police in addressing illegal mining crimes in Manokwari Regency, a region rich in mineral resources yet vulnerable to environmental degradation and social conflict. Illegal mining persists due to economic pressures, weak governance, difficult geographical access, and limited enforcement capacity. Using a normative juridical approach supported by statutory, conceptual, and case analyses, this research identifies that illegal mining has caused severe ecological damage particularly river pollution and forest destruction—while generating social tensions related to indigenous land rights and depriving the local government of potential revenue. The West Papua Regional Police implement both penal and non-penal strategies grounded in the Mineral and Coal Mining Law and the National Police Law. Penal measures include investigation, prosecution, confiscation of mining equipment, and disruption of illegal logistics chains. Non-penal efforts involve preventive education, community outreach, and coordination with local stakeholders. However, enforcement remains constrained by socio-economic dependence on mining and resistance from customary communities. The study concludes that sustainable mitigation requires integrated law enforcement combined with government-supported economic empowerment programs to reduce community reliance on illegal mining.

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