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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 893 Documents
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Civil Liability Against Business Actors Committing Violations of Halal Labeling Based on Law no. 8 of 1999 Concerning Consumer Protection Emir Syarif Fatahillah Pakpahan; Dewantara Dewantara; Bella Yuli Savira; Budi Valendra
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The plurality of products traded in the market are suspected of not having halal certificates. This condition is very concerning, especially for Indonesian Muslims. Indonesia's market share is flooded with not only domestic products, but also imported products, as an implication of the implementation of AFTA (ASEAN Free Trade Area) and MEA (Asean Economic Community). For Muslims, the halalness of a product is very urgent. The inclusion of halal food labels is a form of protection to consumers that halal products are consumed. Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK) regulates civil sanctions for business actors violating the halal label. Law Number 33 of 2014 concerning Guaranteed Halal Products (hereinafter referred to as the JPH Law) also regulates sanctions for business actors who do not maintain product halalness and do not include halal certificates on products already labeled as halal. The presence of UU JPH and PP No. 31 of 2019 is expected to bring fresh air to change the procedure and registration system for halal certification from voluntary to mandatory. This journal uses normative juridical research, namely analyzing legal products such as laws and regulations. The data used are secondary data, namely books relevant to the research. The research uses qualitative analysis, where the problem is described in the form of sentences.
Online Dispute Resolution (ODR) as an Alternative to E-Commerce Dispute Settlement in Indonesia Mutiara Nurpadila; Devis Siti Hamzah Marpaung
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The internet is not only limited to being used as a medium of information that can be accessed into social media, but it also can be used to make valuable trade transactions that have been introduced in Indonesia, which is known as e-commerce. This allows disputes to occur in e-commerce transactions, usually occurring in a conventional relationship. Then if it becomes wider and there are many activities in trade and e-commerce transactions, there will be many disputes about e-commerce that must be resolved. However, by using online media, existing disputes can be resolved properly. If the use of communication and information technology is combined with Alternative Dispute Resolution (ADR). In this study, the researchers discussed how business settlement through Online Dispute Resosulion was implemented in Indonesia. It also provided an understanding of ODR and the law that used as an intermediary in resolving conflicts that occur in the community with internet media which were expected to mix in providing a good conflict resolution. This research was descriptive analytical. It was hoped that this research can be used as a new way of providing facilities to the Indonesian people for those who want to seek legal certainty and resolve disputes using ODR.
Controlling The Racing Vehicle on Motorcycles in The Satlantas of Gorontalo City Siti Hardianti; Sukarman Kamuli; Nopiana Mozin
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to provide an understanding of how the role of the police in controlling the use of racing exhaust in the city of Gorontalo. The problem is how the role of the police in controlling the racing exhaust in the city of Gorontalo; The research method used is a qualitative approach, namely by describing the data in the form of statements and information from informants that are adjusted to the reality in the field. Data collection techniques were carried out through interviews, observation and documentation; The results of the study can be concluded that the police to control racing exhaust do three ways to overcome violations of the use of racing exhaust, namely as follows: pre-emptive, preventive, and repressive.
Responsibility and Legal Protection of The Parties in Electronic Business Transactions Anwar Sadat
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The internet brings a lot of changes to every human life, the presence of the internet is widely used as a source of information and to improve the standard of human life, one of the most appropriate business fields, through the internet is to create electronic transactions or e-commerce. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that electronic business or business transactions have been of great interest to all levels of Indonesian society, for example by shopping online, paying taxes, and maybe any purchasing activity can be done. through the e-commerce service, but in the process of implementing the electronic system it seems that it already has a proper legal basis, the government itself through government regulations has issued an ITE Law, which will regulate all forms of buying and selling transactions with the following terms and conditions. certain provisions, this is based on avoiding all forms of irregularities and fraud through the e-commerce service, in addition to the presence of the Law to be able to improve the quality of e-commerce system trading among the Indonesian people.
Legal View of Employment on Omnibus Law Policy in 2020 Yudha Ginanjar
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Indonesia is a country that really cares and upholds the dignity of its people, for that the government through its laws explicitly and sovereignly regulates the sector of the national labor system. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that, in general, the rights and obligations of workers are a responsibility that is directly protected by law and Pancasila, because juridically the birth of labor law in Indonesia is the result of thinking to strive for an empowerment for workers in demanding all rights and social justice, in addition to the purpose of holding protection for workers as well, as a tangible manifestation of the government in the face of an increasingly global work system in various sectors, for this reason the guarantee and safety of workers is very important. attempted by various groups, apart from laws, legal policies for workers are also contained in a government regulation of the republic of Indonesia number 31 of 2006 and the national job training system, the decree of the minister of manpower of the republic of Indonesia in 2004, and the 2007 regulation of the minister of manpower and transmigration on the procedures for setting Indonesian national work competency standards.
Legal Protection for Investment in Indonesia Yusna Wulan Sari Tanung
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

As a sovereign and prosperous legal state, Indonesia is very concerned about all forms that are directly related to its people, this is the government's concern for the development and growth of the national economy, which in fact is still far from being expected. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that national development efforts through investment and foreign investment activities will actually have a positive impact on the growth and development of the national economy, in addition to holding these activities able to develop various sectors in the government. Indonesia, it is hoped that through foreign investment, the national economy can develop rapidly, because the responsibility for national growth is a shared responsibility and must be carried out with laws and values in accordance with the constitution and Pancasila as the legal basis of the Indonesian nation.
Urgency in Anti-Corruption Education Course in University and Civil Law Review Imam Subiyanto
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

As a state of law that is always obedient and obedient to every policy of its government, the state of Indonesia is one of the countries that is still weak in monitoring various legal actions that occur in various layers of society and government institutions. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the law of criminal acts of corruption is a legal aspect that must undergo various improvements as a whole, and one of them is the government through a presidential decision issued an idea in order to fulfill the character of students. In order to understand further the development of corruption cases in Indonesia and how to overcome them, then by implementing anti-corruption education at various levels of formal education in Indonesia, it is possible to reduce the number of corruption cases in Indonesia and shape the character of the nation's next generation to be superior, creative and uplifting. high values of kindness and honesty.
Problems of Illegal Logging Cases in Indonesia from The View of Criminal Law Dadang Sudrajat
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The case of illegal logging or illegal logging which is currently rife in Indonesia, is a crime of forest and environmental destruction, of course the impact generated from these activities is very detrimental to the Indonesian nation. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that as a country with the 3rd largest forest ownership in the world, Indonesia has a lot of biodiversity and natural resources that are spread to various islands in Indonesia, but behind this phenomenon, turns out to cause a problem caused by a handful of people or corporations who want to destroy forests and the environment to be converted into a place for illegal tree buying and selling transactions, and does not have a valid legal basis, of course this is an action that is very detrimental to many people, because as we know Indonesia's tropical forests have many benefits and functions as a support for the needs of the wider community, for that the government has issued a law to stop and process any person who has changed the function of the forest and caused damage. and losses to the state, then such actions can be categorized as criminal acts, because basically the forest destruction is caused by several factors, and one of them is through the practice of illegal logging or illegal logging of forests and without having an authorized permit from the government.
Transfer of Copyrights on The Issues of Plagiarism in Review of Civil Law Taufan Nalendra
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The increasing era of globalization has had an impact on various sectors of life, one of which is the search for various sciences that can develop human potential, but behind the ease of accessing various information, there is an act of plagiarism that is very dangerous for every work and writing of others. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that, plagiarism activities are a crime that exists in any field, in fact these activities are commendable actions and are against the law, in Indonesian positive law, plagiarism activities are included in category of criminal law crime and can be rewarded with various sanctions ranging from the threat of monetary fines and imprisonment, plagiarism can also reduce the morals and dignity of others, and have an impact on the disintegration of the academic community because the act of quoting without permission must be prevented and if it occurs it must addressed as early as possible, there are many actions that are classified as plagiarism activities, ranging from quoting, plagiarizing, selling and changing the contents of the writing, intentionally and without official permission from the original author.
Legal Aspects in The Process of Damages in Civil Courts Gerardus Gegen
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The development of national development must first be centered on the development of equitable human resources, therefore in an effort to fulfill this, the Indonesian government wants to strive to form an Indonesian society that is skilled, honest and prosperous, one aspect that is currently being targeted by the central government is the aspect of Indonesian legal policy. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the legal system in Indonesia consists of several categories, the first is criminal law, the second is civil law, and the third is national customary law. each of these laws has different characteristics and regulations, there is one law that specifically regulates the system of compensation, disputes, and disputes in court, after a court decision comes out, it is not uncommon for new conflicts to arise and make policies new to an agreement that is not in line with expectations, these actions are called default and unlawful acts, the two legal processes were born because of a compensation that must be carried out by both parties in completing various remaining legal processes.

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