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
 89   90   91   92   93 
Criminal Responsibility For Crimes Resulting From The Regional Head General Elections Dewi Nabila Sya’bania; Amrullah, Rinaldy; Prayoga, Satria
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

Abstract

Regional Head Elections are a fundamental manifestation of popular sovereignty at the regional level. They provide an arena for citizens to directly elect leaders who will determine the direction of regional policy. However, the implementation of Regional Head Elections in several regions is prone to fraud, which can undermine the democratic process itself. One relevant case, the focus of this research, is Decision Number 191/Pid.Sus/2024/PN.Met, involving Drs. Qomaru Zaman, M.A., Deputy Mayor of Metro City. The defendant delivered a statement that was deemed an invitation to the public to re-elect him. This case underscores the importance of effective law enforcement against violations committed by state officials in the implementation of regional elections. In this context, the role of the Prosecutor's Office becomes highly strategic as part of the Integrated Law Enforcement Center, working with the police and the Elections Supervisory Agency (Bawaslu). Criminal liability for the perpetrators of election-related crimes in this case has been applied in accordance with the principles of criminal law, specifically the principles of fault, capacity to be responsible, and legality.
Recovery of State Assets Through the Management of Assets Resulting From Criminal Acts With The Principle of Ongoing Concern: Maintaining The Sustainability of Asset Settlement Soeherman, Soeherman; Widyaningrum, Tuti
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.v14i6.1530

Abstract

This study aims to analyze and construct the principle  of Ongoing Concern in the legal context of asset management resulting from criminal acts, especially related to the Non-Conviction Based Asset Forfeiture  mechanism in Indonesia. The Principle  of Ongoing Concern, which is often used in the accounting and business worlds, was adapted in this study to see how the management of assets resulting from criminal acts can be carried out in a sustainable manner, even without criminalization.  With a juridical-normative approach, this study analyzes existing regulations, laws and regulations related to asset confiscation and forfeiture, and challenges faced in the implementation of the Non-Conviction Based Asset Forfeiture mechanism  in Indonesia. This research uses secondary data, obtained through a study of related legal literature, including books, journals, articles, and previous research. The results show that the application  of the principle of Ongoing Concern in the management of assets resulting from criminal acts in Indonesia is still limited to the stage of confiscation and confiscation of assets, without clear guidelines for the interim management of confiscated assets. In addition, the institutions that manage assets resulting from criminal acts are not optimal, with a lack of coordination between law enforcement agencies and a lack of protection for the rights of third parties. This research formulates an ideal legal model that includes the establishment of an independent and professional asset management agency, cross-agency coordination procedures, and transparent audit and public reporting mechanisms. The resulting recommendations aim to create a more effective, accountable, and sustainable asset recovery system, with a focus on improving the technical capacity of law enforcement officials
Legal Certainty and Protection for Original Certificate Holders in Disputes Regarding the Issuance of Replacement Certificates Tjitrasmoro, Dewani Kireina; Djaja, Benny
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.v14i6.1533

Abstract

This study aims to examine the legal protections afforded to buyers under a Sales and Purchase Agreement (SPA) and the legal certainty afforded to holders of original certificates in cases of replacement certificate issuance. This research employed a qualitative method with a normative-empirical approach through a review of laws and regulations, analysis of land documents, and a review of relevant cases. The results indicate that SPA does not provide sufficient legal protection if the land does not meet administrative and material requirements, particularly when the certificate used as the basis for the transaction is proven to be administratively flawed or is in dispute. The issuance of replacement certificates, the application of the principles of legality, accuracy, and prudence, are crucial in preventing and mitigating these risks. This study emphasizes the need to strengthen verification mechanisms and administrative oversight to ensure legal protection and to avoid land disputes
Judicial Discovery of Law in Normative Gaps of Contemporary Medical Case Abdulhamid, Muhammad; Agustina, Ria; Anas, Kamal; Lidiawati, Meri; Westiartika, Dhira Taramadia
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.v14i6.1536

Abstract

The rapid evolution of medical technology increasingly outpaces the parameters of ethical-legal frameworks regarding passive euthanasia, genetic data sourcing and processing, and digital informed consent, thereby creating significant legal lacunae that engender profound ethical-legal dilemmas. When statutory provisions offer no explicit guidance, judges are compelled to resort to rechtsvinding, the construction of law through interpretative, analogical, and creative application of sub-statutory measures available to them. This legal research aims to assess the mechanisms and methodologies employed by judges to utilize rechtsvinding in bridging systemic functional deficiencies in law as applied to medical malpractice. Using conceptual-analytical methods supported by case study approaches, this research investigates issues of patient autonomy, medical beneficence, and the medical practitioner's legal duty of care in precluding harm, through analysis of multiple court decisions. The findings demonstrate that judicial integration of medical ethical principles becomes a predominant factor when medical law remains silent across numerous legal domains relevant to medical malpractice adjudication. Ultimately, this facilitates the development of a more robust health legislative framework wherein judicial practice addresses specific substantive problems and expands the scope of medical law. This research substantiates the claim that rechtsvinding functions as a critical instrument for protecting public health in the construction and development of law.
Chain Decisions in Digital Government: Between Validity, Integration, and Legal Consequences Jiwantara, Firzhal Arzhi; Herlambang, Rudy; Rahman, Abd; Husni, Muhamad
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.v14i6.1537

Abstract

The development of digital government in Indonesia presents a new paradigm in administrative decision-making through integrated electronic systems. Decisions in digital government often have a cascading nature, where initial decisions form the basis for subsequent decisions. This study analyzes the validity of cascading decisions and the legal consequences of digital system integration, focusing on how flaws at one stage can affect the validity of subsequent decisions, and how system synchronization determines the legal consequences of data or procedural inconsistencies. The research methods used are literature review and normative analysis of national regulations, including Presidential Regulation No. 95 of 2018 concerning Electronic Systems and Transactions (SPBE) and Government Regulation No. 82 of 2012 concerning the Implementation of Electronic Systems and Transactions. The results show that the validity of cascading decisions is highly dependent on compliance with legal procedures, data integrity, and the application of administrative law principles. Meanwhile, good digital system integration can ensure consistency, legal certainty, and accountability, while integration failures have the potential to create legal uncertainty and administrative disputes. This study emphasizes that digital government is not merely a technological transformation, but also a legal transformation that requires strict system and procedural management.
Analisis Yuridis Pembuatan E-Ktp Di Batubara Aruan, Raja; Harahap, Herlina Hanum
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.v14i5.1538

Abstract

This study aims to analyze the role of public services in the Indrapura District government of Coal Regency. Public services are all activities carried out by an organization or agency as an effort to fulfill the needs of the community. These services are carried out in accordance with laws and regulations with basic rules and procedures that have been determined by each organization or agency. Government apparatus and all its ranks are commonly known as state servants and public servants and simply put, this role is expected to be realized in providing various types of services to the community. The problem currently faced by Indonesia regarding the E-KTP case is the recent case of misuse of E-KTP funds. This is a major concern for all Indonesian people, and state officials. This problem has a very broad impact and results in losses to the state. This study recommends increasing supervision of e-KTP issuance services in the Indrapura District
Judicial Control over Prolonged Criminal Investigations: Pretrial Remedies in the Light of Progressive Law Alqadri Syarif, Andi Muhammad; Syahird, Ahmad; Angraeni, Besse Sari
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.v14i6.1547

Abstract

The absence of a clear time limit for criminal investigations under the Indonesian Criminal Procedure Code (KUHAP) has frequently resulted in protracted investigations, effectively keeping individuals in a state of perpetual suspecthood. Textually, Article 77 of KUHAP limits the scope of pretrial review (praperadilan) to a closed list, without explicitly including investigation delays as a reviewable matter. This limitation generates legal uncertainty for suspects and impedes the protection of fundamental human rights guaranteed in criminal proceedings. This study examines the urgency of expanding the scope of pretrial review to encompass unduly prolonged investigations. Using a qualitative method with a normative-juridical approach, it analyzes primary, secondary, and tertiary legal materials to identify legal gaps and propose normative solutions. The findings indicate that investigations prolonged without reasonable justification violate human rights and undermine the principles of prompt, simple, and low-cost justice. From a progressive law perspective, pretrial applications challenging undue delay should be admissible to prevent abuse of authority by investigators. Consequently, unreasonably prolonged investigations lacking active and genuine investigative measures should be construed as a form of material termination of investigation. The study recommends that pretrial judges apply progressive legal reasoning (rechtsvinding) to accept such applications, thereby ensuring legal certainty and restoring the rights of suspects affected by defective judicial administration
Problematics of the Use of Kratom (Mitragyna speciosa) from the Perspective of Criminal Law Monika, Aknes; WibisonoAnditya, Ariesta
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.v14i6.1549

Abstract

The problematic nature of the use and regulation of kratom in Indonesia, from the perspective of criminal law, remains in a state of legal uncertainty due to the absence of explicit regulation within the positive legal system. This study aims to analyze the juridical implications of this normative vacuum and to formulate an ideal and equitable regulatory framework. The research employs a normative legal research method using statutory and conceptual approaches, through an examination of legislation, legal doctrines, and relevant secondary legal materials. The findings indicate that the unclear legal status of kratom gives rise to policy disharmony among state institutions, undermines legal certainty, potentially violates the principle of legality, and creates risks of injustice for society, particularly for farmers and consumers. Furthermore, a purely criminalization-based approach is considered ineffective and may exacerbate the burden on the criminal justice system. This study concludes that the regulation of kratom in Indonesia must be designed in a comprehensive, proportional, and evidence-based manner by positioning criminal law as ultimum remedium, while balancing the interests of public health protection, legal certainty, and socio-economic justice
Prospects for Collecting Land and Building Tax (PBB) on Raft Houses in the Musi River, Palembang City Yustini, Ledy Wila; Usman, Abdul Hamid; Syaqila, Syalwa Rizki
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.v14i6.1551

Abstract

Palembang City is characterized by a geography dominated by waterways, which is reflected in the existence of floating houses along the Musi River as a form of traditional settlement. Floating houses serve important social and economic functions; however, to date they have not obtained legal certainty, particularly in relation to the imposition of Land and Building Tax (Pajak Bumi dan Bangunan/PBB). The main issue lies in the unclear legal status of floating houses as taxable objects, as these structures are built over water and are not attached to land, whereas PBB is generally imposed on land and/or buildings associated with land. This study aims to analyze the prospects for imposing PBB on floating houses along the Musi River in Palembang City, to identify juridical, administrative, and social constraints in their taxation, and to evaluate their potential contribution as a source of Regional Original Revenue (Pendapatan Asli Daerah/PAD). The research employs a sociological (empirical) legal research method, combining normative and empirical approaches through literature review and interviews with local government officials and floating house owners. The findings indicate that, conceptually and normatively, floating houses have the potential to be classified as objects of PBB based on their function and utilization as buildings. However, the implementation of PBB collection has not been carried out optimally due to the absence of specific regulations, limitations in tax object valuation mechanisms suited to the characteristics of floating houses, and social and cultural considerations within the community. Therefore, clear legal arrangements and equitable fiscal policies are required to provide legal certainty and to ensure effective PBB collection on floating houses without disregarding social values and local wisdom
Challenges in Drafting Village Regulations in Nggawia Village Morangki, Albert; Taroreh, Erwin; Rengku, Jemmy Dedi
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.v14i6.1552

Abstract

Village Regulations (Perdes) are important legal instruments in the administration of village governance because they function as the legal basis for regulating village community life. This study aims to analyze the stages of forming Village Regulations based on statutory provisions and to examine the obstacles faced by the Village Government and the Village Consultative Body (BADAN PERMUSYAWARATAN DESA (BPD)) in the drafting process in Nggawia Village, Tojo Barat Subdistrict, Tojo Una-Una Regency. This research employs an empirical juridical legal research method with a sociological approach. Data were collected through interviews, field observations, and document studies, and were analyzed using descriptive qualitative analysis. The results show that, normatively, the stages in the establishment of village regulations has been systematically regulated in Law Number 6 of 2014 on Villages and Minister of Home Affairs Regulation Number 111 of 2014, which include the stages of planning, drafting, discussion, enactment, promulgation, and dissemination. However, in practice in Nggawia Village, this process has not been carried out optimally. Internal constraints include the limited legal understanding and technical competence of village officials and Badan Permusyawaratan Desa (BPD) members, as well as the high turnover of village apparatus. External constraints include the suboptimal guidance, assistance, and supervision from the regional government, limited technical facilitation, and low levels of community participation. These conditions have affected the quality and quantity of Village Regulations produced. This study recommends strengthening the capacity of village officials, enhancing the role of regional government guidance, and optimizing community participation in the promulgation of Village Regulations

Page 92 of 93 | Total Record : 921

 89   90   91   92   93 

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