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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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Implementation of the Law for Police Members Regarding the Sale of Fire-arms and Ammunition (A Case Study at the West Papua Regional Police) Silubun, Revin Remigius; Renjaan, Henrikus; 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.v14i5.1514

Abstract

This study examines the implementation of criminal law against members of the Indonesian National Police involved in the sale of firearms and ammunition, with a specific case study at the West Papua Regional Police. Using a normative juridical and qualitative approach, the research analyzes the coherence between Emergency Law No. 12 of 1951, Law No. 2 of 2002 on the National Police, and internal regulations such as the Chief of Police Regulations on firearms control and the professional code of ethics, as well as their application in practice. The findings show that the acts of trading and controlling firearms by police officers clearly fulfill the elements of illegal possession and participation in crime, thus giving rise to full criminal and ethical liability. Law enforcement in this case reflects a dual-track accountability system: criminal proceedings before the general court and internal disciplinary and ethical sanctions, including the possibility of dishonorable discharge. However, the case also reveals structural weaknesses in firearms supervision, internal control mechanisms, and integrity culture. The study recommends strengthening multilayered oversight, improving firearms management systems, and institutionalizing firm, transparent sanctions to reinforce police professionalism and public trust.
Implementation of the Use of Force by Police Officers In Handling Mass Actions Based On The Regulation of The Chief of The Indonesian National Police Number 1 of 2009 Jaftoran, Allan Fredrik; Siswani, Carina Budi; 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.v14i5.1515

Abstract

This study examines the implementation of the use of force by Indonesian National Police (Polri) officers in handling mass demonstrations, focusing on the application of Regulation of the Chief of the Indonesian National Police Number 1 of 2009. Using a normative juridical method, the research analyzes statutory provisions, legal doctrines, and selected empirical cases from West Papua to assess compliance with the principles of legality, necessity, proportionality, and accountability. The findings indicate that, although the regulatory framework has formally adopted international human rights standards and a graduated use-of-force model, significant gaps persist between normative rules and operational practice. In several documented incidents, coercive measures such as tear gas, rubber bullets, and mass arrests were applied prematurely, without sufficient de-escalation efforts or transparent post-action accountability. These shortcomings are influenced by structural weaknesses in internal oversight, limited professional training, and an institutional culture that prioritizes security over dialogue-based policing. The study concludes that strengthening external oversight mechanisms, enhancing human rights-based training, and reforming organizational culture are essential to align police practices with democratic principles and international standards on the use of force
The Application of Natural Law Theory in Resolving Cases of Business Ethics Violations: A Review of the Principles of Justice and Morality Rahmawati, Rahmawati; Mujib, Abdul
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.v14i5.1516

Abstract

This article examines violations of business ethics that frequently arise in the corporate world, when corporate decisions cannot be resolved solely through positive law because they involve moral issues such as dishonesty, worker exploitation, and environmental damage. Natural law theory is offered as a fairer and more moral approach to addressing these issues. The purpose of this research is to analyze how the principles of justice and morality in natural law can be used as substantive solutions to business ethics disputes. The method used is normative juridical, through a review of relevant regulations, doctrines, and legal literature. The conclusion of this study shows that the application of natural law theory in resolving business ethics violations offers a fairer and more humanistic approach compared to positive law, which tends to be procedural. Natural law provides a strong moral foundation, encouraging companies to consider social and environmental impacts in decision-making. Thus, the integration of natural law principles can enrich the existing legal framework with more substantial justice values. The renewal of this research lies in developing an understanding of the integration of natural law within the existing legal system, particularly regarding business ethics violations. This approach provides a more inclusive and sustainable solution, and opens up space for legal reform that is more adaptive to social and moral changes. This research also contributes to the development of natural law theory in the increasingly complex global business world.
Application of Vicarious Liability Principles to Losses from the Use of Artificial Intelligence (AI) from a Civil Law Perspective Camelia, Noer Dini; Wardani, Win Yuli; Purwandi, Agustri; Ayuni, Alfika Putri; Aini, Nur Jannatul
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.v14i6.1518

Abstract

The existence of Artificial Intelligence (AI) as an artificial intelligence system not only provides many benefits but can also cause losses in its use if the AI produces an error that causes harm to others. The occurrence of losses due to the use of AI is certainly related to who is responsible and what form of liability is incurred for the losses caused. The purpose of this study is to determine the form of liability for the use of AI that causes harm based on the principle of vicarious liability or substitute liability. The research method used in this study is normative legal research with a statute approach and a conceptual approach. The results of the study show that, from a civil law perspective, AI cannot be categorized as a legal subject, whereby actions performed by AI are not legal actions that can be held liable. Therefore, the form of liability that can be applied to losses arising from the use of AI is the application of the principle of vicarious liability. In civil law, liability can generally take the form of unlawful acts (Article 1356 of the Civil Code) and vicarious liability (Article 1367 of the Civil Code). The principle of vicarious liability is contained in the provisions of Article 1367 of the Civil Code, which is a form of vicarious liability to another party who is responsible for the actions of another party under their responsibility. Thus, the principle of vicarious liability can be applied in fulfilling the need for a form of liability for losses arising from the use of AI before there are regulations that specifically regulate AI
Cybercrime digital crime how technology is utilized for crime Agustiawan, M. Nassir; Budiman, Arif; Samudra, Dian
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.v14i5.1520

Abstract

The rapid development of digital technology has brought positive impacts in various aspects of life, such as communication, economy and education. However, on the other hand, this progress also opens up opportunities for various forms of digital crime or cybercrime. Digital crimes include various criminal acts committed through the internet and technology, such as hacking, identity theft, online fraud, malware distribution, and exploitation of personal data. This study aims to understand how technology is utilized to commit crimes in cyberspace, the factors that drive digital criminals, and the implications faced by victims and the wider community. In addition, this study will also discuss strategies and efforts that can be made to prevent and tackle digital crime. With the increasing reliance on technology, it is important for society and legal authorities to be more vigilant and proactive in addressing this challenge. An in-depth understanding of the modus operandi of digital criminals is expected to provide a clearer picture for the development of effective cybersecurity policies
The role of interpersonal communication in resolving social conflicts in the taman mutiara indah community, serang city Amal, Ikrimatul; Mardiyah, Annisa Eka; Sari, Dwi Ulina
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.v14i5.1521

Abstract

The role of interpersonal communication in resolving social conflicts in society, with a focus on how direct interaction between individuals can reduce tension and rebuild harmonious social relationships. The main problem studied is the low effectiveness of conflict resolution due to a lack of openness and empathy in communication between residents. The theories used include interpersonal communication theory (Devito) and conflict resolution theory (Deutsch), which emphasize the importance of empathy, openness, and trust as the basis for effective communication. The research method used is descriptive qualitative with a case study approach in communities that have experienced social conflict. Data were obtained through interviews, observations, and documentation to describe interpersonal communication patterns in the mediation and conflict resolution process. The results of the study indicate that open, honest, and empathetic interpersonal communication can accelerate the peace process, increase mutual understanding, and foster trust between conflicting parties. In conclusion, interpersonal communication has a strategic role as a means of rebuilding social cohesion and strengthening community solidarity in facing conflict, thus becoming an important foundation for creating a peaceful and sustainable social life.
Legal analysis of the fairness of bpjs health services based on law number 17 of 2023 concerning health Budiman, Arif
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.v14i5.1522

Abstract

Fair access to health services is a fundamental right guaranteed by Indonesian law. BPJS Health, as the national health insurance administrator, is mandated under Law Number 17 of 2023 concerning Health to ensure equitable, non-discriminatory, and efficient services for all citizens. However, disparities in service quality, administrative delays, and unequal distribution of health facilities continue to raise legal concerns regarding the fulfillment of justice principles. This study employs a normative juridical approach supported by statutory, conceptual, and case-based analysis. Legal materials were collected through document review of Law No. 17/2023, related regulations, and scholarly literature. The analysis compares normative provisions with field-based findings from secondary data to evaluate whether BPJS services align with the principles of fairness, accountability, and legal certainty. Results: The study finds that although Law No. 17/2023 strengthens the legal foundation for equitable health services, gaps remain in implementation. Issues such as service discrimination, referral system barriers, and limited infrastructure hinder the realization of legal fairness. BPJS Health has implemented reforms to improve transparency and accessibility, yet inconsistencies between policy and practice persist. BPJS health services have a strong legal framework for fairness under Law No. 17/2023, but practical challenges weaken its effectiveness. Strengthening regulatory enforcement, improving governance, and enhancing health facility capacity are essential to achieving genuinely fair health services nationwide
Legal protection for child criminals through diversion and restorative justice in the judicial system Faturohman, Faturohman
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.v14i5.1523

Abstract

Legal protection for child criminals is a crucial issue in the Indonesian criminal justice system, given that children are viewed as individuals still developing and requiring a special approach. The application of diversion and restorative justice offers a solution to prevent children from experiencing formal justice processes that can potentially cause trauma and hinder their future. However, in practice, the implementation of both approaches still faces obstacles, such as a lack of understanding among law enforcement officials, a lack of supporting facilities, and suboptimal involvement of the community and victims in the recovery process. This study uses a normative juridical method with a legislative approach and conceptual analysis to assess the effectiveness of diversion and restorative justice as forms of legal protection for children. Data were obtained through a literature review of the Juvenile Criminal Justice System Law and various previous studies. The results show that diversion and restorative justice have been proven effective in reducing recidivism rates, restoring offender-victim relationships, and providing a more humane developmental environment for children. However, their effectiveness is highly dependent on the professionalism of law enforcement officials and the support of the social environment. In conclusion, the implementation of both approaches needs to be strengthened through increased law enforcement capacity, cross-institutional synergy, and public education
Application of Legal Sanctions Against Violations Carried out by fair in-vestors in the Indonesian capital market Ferdilese, Lucky; Husaini, Ahmad; Amaliah, Mutiah Arfah; Astuti, Sri Untari Puji; Rajuandar, Raja
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.v14i5.1524

Abstract

Implementation of legal sanctions against violations committed by investors in the Indonesian capital market. The purpose of this study is to impose sanctions on legal violations committed by investors in the capital market, with the following problems: 1) How is the construction of the application of legal sanctions against violations committed by investors in the capital market?; 2) How are efforts to increase the effectiveness of imposing sanctions against Capital Market Crimes in Indonesia when linked through Law Number 21 of 2011 concerning the Financial Services Authority? The research method used is Normative with a Legislative approach and a Conceptual Approach that utilizes Primary Legal Materials and secondary legal materials. The results of the discussion of the reconstruction of legal sanctions, in the form of additional prison terms and an increase in the amount of fines for violations committed by investors, are very necessary to strengthen its existence, so that it can create a healthy and attractive economic climate for other investors to invest in Indonesia. The sanctions are regulated normatively in Article 101 of Law Number 8 of 1995 concerning the Capital Market. The conclusion is that the application of these sanctions is carried out to create substantive justice so that it can create a healthy economic climate and attract investor interest
Traditional Border Crossing Agreement in the Settlement of the Noelbe-si-Citrana Boundary Dispute Nino, Handrianus; Seran, Remigius
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.v14i6.1526

Abstract

The Noelbesi-Citrana boundary dispute between Indonesia and Timor-Leste is one of the biggest challenges in bilateral relations between the two countries. Differences in interpretation of historical documents, such as the 1904 Dutch-Portuguese Agreement, have created uncertainty regarding the boundary. In efforts to resolve this dispute, traditional mechanisms such as the Traditional Border Crossing Agreement (TBCA) have become a promising alternative. This article examines the role of this traditional approach in facilitating cross-border relations, reducing tensions between communities, and supporting formal diplomatic efforts. By highlighting the practices, benefits, and challenges of implementing traditional border crossing agreements (through tok tabua, mapua mamat, natoni, and tiun menu), this article emphasizes the importance of collaboration between local communities and the government in finding peaceful and sustainable solutions. These findings are expected to provide new insights for resolving boundary disputes in other regions. In this study, the researchers collected data through a survey using questionnaires and interviews. The survey results will be followed by a Forum Group Discussion (FGD) to further examine the desired objectives. Data analysis was conducted using the Craswell method, which essentially includes data preparation, tabulation, general sense, synthesis, and interpretation

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