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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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Policy on handling street children in Indonesia: conformity with the princi-ples of the state of law and good governance Kaemirawati, Diah Turis; Herawati, Susetya; Endrawati, Eka Ari; Dewi, Ratna; Sulasih, Endang Sri
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.v14i5.1501

Abstract

The policy in handling street children is a required aspect of the state's duty to guarantee rights for children, as mandated by the rule of law and good governance standards. The researcher has as it's target measured the difference between ideal principles under the rule of law metrics such as certainty constructions, fairness equations, equitable distribution of social costs (which benefits more people than capitalism gives in general) and protection for children who are not old enough to protect themselves and the specific policies that emerge in Indonesia's traditional manner of dealing with street kids. This study also examines how public policy governance can be strengthened to be more aligned with the principles of accountability, transparency, effectiveness, institutional coordination, and responsiveness. Based on a study of various bureaucratic policies and practices at the central and regional levels, it was found that there was a discrepancy between the values ??that should be the basis for policy formulation and the conditions of practice in the field. The gap can be seen in the weak database, limited basic service facilities, lack of coordination across institutions, and policy orientation that tends to be reactive and unsustainable. This study recommends strengthening public policy governance through institutional integration, more consistent planning, more accurate data utilization, and the application of an approach centered on the fulfillment of children's rights to ensure policy conformity with the principles of the rule of law and good governance.
Synergy Between Government and Community in Preventing Savanna Fires: An Environmental Law Review Plaikoil, Maureen Vinalia; Juku Aja, Alfando Lorens; Tamu Ina, Clarita Adecristi
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.v14i5.1503

Abstract

Forest and grassland fires in East Sumba Regency have continued to increase to catastrophic levels. From the beginning to the middle of 2025 alone, there have been more than five cases of savanna fires in several different villages. To date, there has been no court ruling or action by the local government in East Sumba Regency to impose sanctions on those responsible for burning savanna grasslands. This study employs a normative-empirical legal method. The approaches used in this study include the statute approach to analyse relevant legal provisions and the socio-legal approach to assess the application of these provisions in practice through interviews and observations. Savanna fires in Sumba are prohibited by environmental law, but due to weak enforcement, the justification of local wisdom, and the difficulty of proving guilt, almost all cases end without sanctions, even though thousands of hectares of savanna are burned each year, causing harm to the community. Local governments are required to establish technical regulations for savannas due to their unique and vulnerable nature, whether in the form of district regulations or village regulations. The best approach is a combination of education, regulation, conservation, and law enforcement
Legal Liability Of E-Commerce Platforms For Consumer Losses Resulting From Defective Products Darmawan Putra, Rian; Suparwi, Suparwi; Glica Aini, Firstnandiar
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.v14i5.1507

Abstract

This study examines the legal responsibility of e-commerce platforms for consumer losses resulting from defective products in electronic transactions. The concept of consumer loss is explored through the Consumer Protection Law (UUPK), the Electronic Information and Transactions Law (UU ITE), and the Government Regulation on Electronic System Operators (PP PMSE), which reveal normative gaps related to the role of digital platforms. The research identifies an optimal liability model, including business entity verification, system oversight, and dispute resolution mechanisms, in line with the EU Digital Services Act. These findings emphasize the need for regulatory harmonization and strengthening of platform obligations for effective consumer protection
Freedom of Expression: "Pornography" in the Digital Age Perspective on Criminal Justice System Synchronization: - Fatoni, Syamsul; Windari, Rusmilawati
LEGAL BRIEF Vol. 14 No. 6 (2026): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1393

Abstract

The formulation of the problem in this study is that freedom of expression related to pornography in the digital era requires synchronization of the criminal justice system, so the aim of this study is to harmonize its handling. The research method is doctrinal research using primary and secondary legal materials that produce legal arguments, legal theories/legal concepts and tertiary legal materials. Using a statute approach, conceptual approach, comparative approach and deductive analysis. The results of the research, substantial, structural and cultural synchronization are needed in the Criminal Justice System to handle pornography in the digital era. Article 28J paragraph (1,2) of the 1945 Constitution of the Republic of Indonesia, Article 8 of Law No. 44/2008 concerning Pornography, Constitutional Court Decision No. 82/PUU-XVIII/2020, Law No. 19/2016 concerning Amendments to Law No. 11/2008 concerning Electronic Information and Transactions, Article 70 of Law No. 39/1999 concerning Human Rights and Presidential Decree No. Law No. 25/2012, which regulates the prevention and handling of pornography, requires freedom of expression within the law, not absolute freedom. Synergy between the central government, regional governments, the Ministry of Communication and Digital, the Indonesian Broadcasting Commission, religious institutions, the Child Protection Commission, the National Commission on Violence Against Women, the Criminal Justice System, and international cooperation is essential. Therefore, research contributions are needed to realize the synchronization of the Criminal Justice System with efforts to eradicate pornography in the digital era
Navigating constitutional amendments between aspiration and under-standing substance Muhtar, Mohamad Hidayat; Mallarangeng, Andi Bau; Rasyid, Moh. Arpat; Saharuddin, Saharuddin
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.v14i4.1461

Abstract

Constitutional amendments serve as the primary mechanism that guarantees the fundamental law's relevance amidst social, political, and economic changes. In the Indonesian context, this process consistently involves a conflict between public ambitions, representing the collective will, and the need to uphold the consistency and integrity of fundamental values. This research employs a normative juridical method, including philosophical and conceptual analysis, to investigate the interplay between popular desires and the comprehension of content, while also evaluating the possible hazards associated with amendments influenced by transient populist or elitist conservatism. The study's findings indicate that public ambitions provide significant social legitimacy for change; but, without a comprehension of content, modifications may disregard the concept of justice and jeopardize the stability of the legal system. Conversely, a strategy that prioritizes content while neglecting the desires of the populace jeopardizes the constitution's relevance to social reality. The equilibrium of the two necessitates an inclusive deliberative framework, ongoing constitutional education, and the sophistication of political culture. Consequently, seeing the constitution as a collective social compact is essential to ensure that constitutional change transcends immediate political reactions and evolves into a strategic initiative to fortify democracy and achieve real justice.
Analysis of the Constitutional Court Decision No. 105/PPU-XXII/2024 con-cerning the Judicial Review of Law No. 1 of 2024 Article 28 Paragraph 2 re-garding the phrase "feelings of hatred and hostility" according to the Siyasah Qadhaiyyah Musthofa, Abdul Hadi; Irwansyah, Irwansyah
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.v14i5.1471

Abstract

Decision of the Constitutional Court (MK) of the Republic of Indonesia Number 105/PUU-XXII/2024. This decision is in the spotlight because it tests the constitutionality of Article 28 paragraph (2) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), specifically regarding the phrase "feelings of hatred or hostility." This report places the decision in the context of a broader debate regarding the protection of citizens' constitutional rights, especially freedom of expression, which is often threatened by legal formulations known as "rubber articles." The criminalization of legitimate criticism, manifested in the practice of Strategic Litigation Against Public Participation (SLAPP), has become a crucial issue that demands a strong judicial response. Thus, this decision has significant urgency as a judicial effort to guarantee basic rights and balance the protection of individual reputations with a healthy democratic space. The main objective of this report is to go beyond conventional positive law analysis by examining this MK Decision from the theoretical framework of Siyasah Qadhaiyyah. The aim is to reveal how the principles of justice in the Islamic tradition can provide a rich and in-depth perspective on the Court's decisions, particularly in balancing freedom of expression with protection from hate speech. This approach allows for the exploration of the harmony between the objectives of modern law that are oriented towards justice and the protection of human rights with the essence of justice in Islam. As a theoretical framework, Siyasah Qadhaiyyah is defined as a branch of knowledge in fiqh siy?sah that specifically discusses the regulation of laws and judicial policies established by those in power. This term is a combination of the words siy?sah which means "to regulate, manage, or rule" and qa?h?'iyyah which refers to "ruling, dispute resolution, or justice". The essence of this concept is that every policy and rule, including those related to the judiciary, must be directed towards realizing maslahah (goodness or welfare) and avoiding mafsadatan (damage or harm) for all humanity.
The Legal Dilemma of the 19% Reciprocal Tariff between the Republic of Indonesia (RI) and the United States (US): A Critical Review and Bilateral Policy Implications Luna, Laurenzia; Shanra, Aurrelia Yulia; Dani, Riviona; Ekadi, Michelin Fanesia
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.v14i5.1492

Abstract

Trade between Indonesia and the United States plays a strategic role in maintaining economic stability in the Indo-Pacific region. The change in the joint tariff policy, especially when the US tariff is set at 32% and then lowered to 19%, reflects the complex dynamics between national economic interests and obligations of International Law (IL). This paper is a law that the Indonesian government can use to respond to United States (US) retaliatory tariffs and also review its compliance with international trade principles, such as Most Favored Nation (MFN), National Treatment (NT), It was a negotiation of goodwill within the framework of the World Trade Organization (WTO), General Agreement on Tariffs and Trade (GATT) 1994. This study was normative by a conceptual and comparative approach to International Law (IL). The data was obtained through a literature study of legislation rules, scientific journals, and official statements of the public. Research results show that the application of reciprocal tariffs in the United States (US) has the potential to violate the principle of non-discrimination and development in bilateral trade. The bilateral settlement through diplomacy is considered the most effective step in maintaining trade stability while protecting the legitimacy of Indonesian law at the international level, emphasizing the importance of a balance between personal protection and compliance with international law in trade formulation. The improvement of law-based economic diplomacy and institutional coordination is key to ensuring that Indonesia's tariff policy remains balanced, credible, and sustainable
Criminal Liability of the Organiser of the Free Nutritious Meals Programme From the Perspective of Criminal Law and Consumer Protection Kamaluddin, Moh; Mukminah, Lily Solichul; Anggraini, Novellita Sicillia
LEGAL BRIEF Vol. 14 No. 6 (2026): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1508

Abstract

The Free Nutritious Meals Programme is a high-risk public food service that requires strict safety and supervision standards, thus necessitating the establishment of a coherent criminal accountability framework. This study employs a normative legal method with a statutory, conceptual, and case approach to examine the relationship between the criminal law regime, consumer protection, and food policy in the implementation of the programme. The results show that beneficiaries fall into the category of functional consumers who are entitled to food safety and service quality. Criminal liability cannot be limited to individual perpetrators but must be built through a layered accountability model involving the central government as the standard setter, local governments as operational implementers, and contractors and vendors as food producers and distributors. The risks of poisoning, adulteration, and supervisory failure underscore the relevance of strict product liability for producers and oversight liability for public officials. This study concludes that an integrative model combining criminal law, consumer protection, and due diligence parameters is the most effective framework for ensuring food safety and accountability in the implementation of the Free Nutritious Meals Programme
Effectiveness of Law Enforcement of Banking Crimes in Banking Law in Indonesia Windesi, Abalion Ayub; 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.v14i5.1510

Abstract

This study examines the effectiveness of law enforcement against banking crimes within the framework of Indonesia’s Banking Law, particularly Law Number 10 of 1998. Although the legal framework normatively provides comprehensive provisions regarding bank secrecy, prudential principles, licensing, financial reporting, and sanctions, its implementation remains constrained by structural, technical, and institutional challenges. Using a normative juridical method supported by statutory, conceptual, and case approaches, this research analyzes the extent to which existing regulations have achieved the goals of legal certainty, justice, and utility as conceptualized in Radbruch’s theory. Findings indicate that overlapping institutional authority, limited investigative capacity, evidentiary barriers due to strict bank secrecy, and weak inter-agency coordination hinder effective enforcement. Additionally, disparities in digital forensic facilities and inadequate internal control systems within banking institutions reduce the ability to detect and prosecute violations. Through the lens of Soerjono Soekanto’s and Lawrence Friedman’s theories of legal effectiveness, this study concludes that while the normative substance is adequate, enforcement remains suboptimal. Strengthening institutional coordination, enhancing investigator competence, updating regulations to meet digital era banking complexities, and promoting a culture of transparency and compliance are essential for improving law enforcement outcomes
The Process of Resolving Criminal Acts of Taking Human Life Based on Hatam Tribe Customs in Manokwari Saiba, Paulinus; Hammar, Roberth K.R.; 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.v14i5.1512

Abstract

This study analyzes the process of resolving criminal acts of taking human life based on the customary law of the Hatam tribe in Manokwari, employing a normative juridical and socio-legal approach. As a living law sustained through collective legal consciousness, Hatam customary law prioritizes harmony, ancestral values, and restorative justice over retribution. The findings show that the Hatam community classifies the taking of life as a severe violation that disrupts cosmic balance, requiring settlement through customary institutions led by hereditary leaders. Customary sanctions ranging from material fines to ritual purification—aim to restore relationships between families and prevent inter-clan conflict. Through a socio-legal lens, this study demonstrates how customary mechanisms operate in parallel with national criminal law, offering a culturally rooted model of dispute resolution that often proves more effective in achieving lasting peace than formal punitive processes. However, challenges remain in harmonizing customary sanctions with positive law. The study argues for greater formal recognition of customary dispute-resolution mechanisms through regional regulations to strengthen culturally responsive, restorative justice practices within Indonesia’s pluralistic legal system.

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