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 942 Documents
 91   92   93   94   95 
Legal Protection for Victims of Domestic Violence from a Victimological Perspective (A Study of Decision No. 661/PID.SUS/2023/PN SMN) Simanjuntak, Tryveni Anauli; Aven, Ghina Salsabila
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1554

Abstract

Domestic violence remains a critical issue in Indonesia despite comprehensive legal frameworks established through Law Number 23 of 2004 on the Elimination of Domestic Violence. This study examines the legal protection afforded to victims of domestic violence from a victimological perspective, with a focus on Decision Number 661/Pid.Sus/2023/PN Smn. The research employs a normative legal approach, utilizing statutory analysis and case study methodology to evaluate the implementation of victim protection principles in judicial practice. Primary legal materials include relevant legislation and the court decision, analyzed through descriptive qualitative methods within a victimological framework. The findings reveal significant gaps between normative standards and practical implementation. While the legal framework comprehensively regulates victim rights including protection, restitution, and recovery, the examined court decision demonstrates fundamental deficiencies: absence of restitution orders, lack of protection orders to prevent repeat victimization, imposition of a suspended sentence that inadequately deters recidivism, and insufficient consideration of victims' psychological and economic vulnerabilities. The decision prioritizes the perpetrator's interests over victim protection, neglecting structural inequalities and power imbalances inherent in domestic violence cases. This study concludes that judicial practice requires substantial reform to fully integrate victimological principles, ensuring victims receive comprehensive protection, justice, and recovery while preventing secondary victimization.
Conflict 2023–2025: An Analysis of International Humanitarian Law and Challenges Settlement by the International Criminal Court (ICC) Kurdi, Kurdi; Arbani, Muhammad
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1354

Abstract

The conflict between Israel and Palestine is a prolonged conflict that continues to this day. The conflict peaked again on October 7, 2023 and caused many casualties on the Palestinian side. This study aims to find out about Israel's military aggression against Palestine in 2023-2025 based on international humanitarian law. In addition, it also aims to analyze the role and challenges of the ICC in resolving Israeli-Palestinian aggression based on international law. This research is a type of normative legal research with a statutory regulatory approach and a conceptual approach. The results of the study show that in the 2023-2025 Israeli-Palestinian conflict, Israel violated the principles of international humanitarian law and also the rules of international law itself as regulated in the Geneva Conventions and their additional protocols, as well as the Rome Statute which regulates its enforcement. To resolve the conflict, the ICC plays a role by investigating the Palestinian situation and issuing arrest warrants against those responsible for enforcing international humanitarian law. However, in its implementation there are challenges faced by the ICC, namely the ICC does not have an executive force authorized to carry out the warrants that have been issued, Israel is not a party to the Rome Statute, and there is great pressure from various countries that support Israel. The suggestion based on the results of the study is that the ICC must act independently and not be influenced by political pressure from any country, so that it can enforce humanitarian law as it should
Handling Organized Land Crimes through Collaborative Governance In Central Kalimantan Province Ismawanto, Chandra; Panggabean, Mompang; Tehupeiory, Aertje
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1519

Abstract

Research This leave from increasing case action criminal land that is carried out in a way organized or known with the term land mafia , which gives rise to inequality agrarian and weakening trust public to system law . Problems main thing studied is How effectiveness approach collaborative between institution in handling action criminal land in Central Kalimantan Province through the Integrated Team Prevention and Eradication of Land Mafia. Research This use approach juridical empirical (socio-legal research) with characteristic descriptive-analytical , through collection of primary data and secondary data ( regulations legislation , documents official , and literature law ). Research results show that approach collaborative between the Ministry of ATR/BPN, the Prosecutor's Office , the Police , and the Regional Government has strengthen coordination in pre-vention and enforcement law case land , although Still there is constraint in the form of limitations authority , overlapping overlap regulations , and not yet optimally digitization of land data . Therefore that , is necessary formation regulations special about action criminal land , strengthening institutional Task Force become permanent , and integration digital- based data system for realize enforcement effective , transparent and just law agrarian
Legal Analysis of Criminal Sanctions Against Recidivist Children in the Perspective of the Juvenile Criminal Justice System Suliandi, Marwan; Tuti Widyaningrum
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1546

Abstract

This study attempts to investigate how criminal penalties are applied to kids who commit repeat offenses (recidivism) and how well they operate in the context of child protection. The primary issue is the conflict between the state's duty to give restorative justice principles top priority and using criminal penalties to have a deterrence impact. Normative juridical research using a statutory approach is the methodology employed. According to the study's findings, repeat offenders typically face harsher penalties than first-time offenders, although they are still constrained by the best interests of the kid premise.
Human Rights Implications of Artificial Intelligence Use in the Indonesian Judicial Process Satya, Adhika Mahindra; Kenneth, Kenneth; Harianja, Syahban Alvian Hamonangan; Krisma Waruwu, Rivaldo William
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1550

Abstract

The integration of artificial intelligence into justice systems offers efficiency and access gains, but raises human rights and constitutional concerns. In Indonesia, judicial institutions have begun piloting AI-supported tools for court administration and limited decision support across civil and criminal cases, yet adjudication remains fully human. The absence of a tailored governance framework poses risks to the rule of law, judicial independence, and equality before the law. This study analyses normative weaknesses in Indonesia’s regulation of judicial AI and formulates a rights-based governance model. The method used is normative legal research employing statutory and conceptual approaches based on secondary legal materials. The results show that unclear boundaries around AI functions can turn decision-support outputs into de facto determinants of procedural direction, weakening fair-trial guarantees when parties cannot know, challenge, or obtain human review. The findings further indicate that governance must mandate human-in-the-loop control, transparency, and contestability, alongside cybersecurity, operational reliability, audit logging, and bias mitigation. Inclusive access requires hybrid service channels, so digitalisation does not exclude communities in areas with limited infrastructure. The conclusion is that Indonesia should strengthen rights-based governance so that AI improves efficiency without eroding constitutional guarantees and the legitimacy of the rule of law
“From Sea to Screen”: Government Digital Communication Strategies in Framing Maritime Security in the Riau Islands Harmain, Irfan; Intan, Dian Mustika; Dahlan, Dahlan; Anisa, Ria; Gusri, Latifah
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1559

Abstract

The strategic location of the Riau Islands Province places it at the frontline of Indonesia’s maritime security challenges, particularly in relation to transnational crime and border governance. In the digital era, local governments increasingly rely on digital communication to frame maritime security issues; however, the communicative construction of these narratives remains insufficiently examined. This study aims to analyze how the Riau Islands Provincial Government frames maritime security through digital communication strategies. This research employs a descriptive qualitative approach using Robert N. Entman’s framing analysis. The data of the study comprises official digital communications produced by the Riau Islands Provincial Government, including selected social media posts, official website content, press releases, and policy-related digital materials on maritime security. Primary data were collected through in-depth interviews with representatives from government offices. Secondary data were collected through documentation, digital observation, and content archiving. Data were analyzed using Entman’s four framing dimensions: problem definition, causal interpretation, moral evaluation, and treatment recommendation. The findings reveal that maritime security is predominantly framed as an issue of sovereignty and national identity rather than merely an economic or technical concern. Disruptions to maritime security are constructed through narratives of external transnational threats and internal coastal governance challenges, reinforced by moral values of patriotism and coastal solidarity. Policy solutions emphasize institutional synergy among maritime agencies and maritime legal education for coastal communities. This study concludes that digital communication effectively builds symbolic legitimacy for maritime security policies but remains largely top-down and representational. The findings imply the need for more inclusive and participatory digital governance to strengthen substantive public engagement in maritime security
Legal Policy on Criminal Sanctions for Environmental Offenses at The En-vironmental Agency of Prabumulih City Suparianto, Rishi
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1571

Abstract

This study examines legal policies regarding criminal sanctions for environmental crimes, focusing on their implementation at the Prabumulih City Environmental Agency. The problem arises because Law Number 32 of 2009 places criminal sanctions as the ultimum remedium, while local law enforcement practices still predominantly utilize administrative and civil sanctions. The study was conducted using a normative juridical approach, analyzed through literature and legal document studies, and supplemented by empirical observations of monitoring and enforcement practices in Prabumulih City. The results indicate that environmental criminal sanctions are not applied optimally, inter-agency coordination remains limited, and public participation in environmental monitoring is low, resulting in the ineffective prevention and prosecution of environmental violations under criminal law. The critical analysis emphasizes the need to reposition criminal sanctions as the primary instrument, increase the capacity of the Environmental Agency, and strengthen synergy between the state and the community. These findings are expected to inform policymakers and law enforcement officials to strengthen environmental protection at the regional and national levels
Legal Analysis of Sales Transactions with PayLater Payments Maulana Oktavian, Rakka Dafa; Ni'ami, Mutimatun
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1572

Abstract

This study analyzes PayLater transactions from the perspective of Islamic law and Indonesian regulations to assess their compliance with Sharia principles. Using a qualitative descriptive-analytical approach, the research examines the operational structure of PayLater in relation to Islamic sales (ba’i) and financial transactions (muamalah), focusing on the prohibition of riba, gharar, and zulm. Primary sources include the Qur’an, Hadith, and fatwas from the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), while secondary sources consist of national regulations such as OJK Regulation No. 77/POJK.01/2016 and the Consumer Protection Law. The analysis finds that the current PayLater system contains elements inconsistent with Sharia principles, as its structure resembles a loan (qardh) with fixed interest, involves unclear contracts, lacks transparency, and imposes exploitative late fees. From a regulatory perspective, while PayLater is legally recognized, gaps remain in consumer protection, contractual fairness, and data privacy. Recommendations include adopting Sharia-compliant contracts such as murabahah, ijarah, or musyarakah, enhancing transparency, strengthening regulatory oversight, promoting financial literacy, and encouraging Sharia-certified digital financial products. Future research could empirically compare conventional and Sharia-based PayLater models to provide actionable insights
Analysis of Decision Number 40/Pdt.P/2022/PA.Tgr Concerning Good Faith In Polygamy Without Court Permission Mujib, Abdul; Cholil, Mochamad
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1579

Abstract

This study aims to analyze the application of legal provisions concerning polygamy licensing and the principle of good faith in polygamous marriages performed without court permission, specifically focusing on the legal considerations in the Tenggarong Religious Court Decision Number 40/Pdt.P/2022/PA.Tgr. The research employs a normative juridical methodology with statutory, case-based, historical, and conceptual approaches to evaluate primary and secondary legal materials gathered through literature review. The findings reveal that the petitioners’ marriage constitutes unauthorized polygamy that violates the mandatory requirements of Law No. 16 of 2019 and the Compilation of Islamic Law, as it was conducted without judicial approval or the first wife's consent. The court's analysis determines that the parties' decision to proceed with a secret marriage despite being aware of legal impediments serves as a definitive indicator of bad faith (malafide). Consequently, the panel of judges rejected the petition for marriage validation to prevent the creation of a negative precedent that could encourage the abuse of illegal polygamy and undermine legal certainty. This study concludes that strict adherence to procedural requirements and the principle of good faith are essential to maintaining the integrity of the marriage institution and protecting the rights of all parties involved.
The Role of the Central Tapanuli Regency Government in Supervising and Controlling Landslide-Prone Locations from a Siyasah Dusturiyah Perspec-tive (Case Study: Tapian Nauli Village) Gunawan Pardede, Roy Sandi; Irwansyah, Irwansyah
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1580

Abstract

This study aims to analyze the role of the Central Tapanuli Regency Government in monitoring and controlling landslide-prone areas in Tapian Nauli Village and review its implementation from a Siyasah Dusturiyah perspective. Tapian Nauli Village is included in an area with a high level of landslide vulnerability due to geographical conditions such as steep slopes, minimal vegetation, and uncontrolled land-use changes. The local government, through the Regional Disaster Management Agency (BPBD), has important responsibilities in disaster mitigation, spatial planning supervision, and community empowerment. However, the implementation of these functions faces obstacles such as budget constraints, weak inter-agency coordination, low public awareness, and weak environmental law enforcement. From a Siyasah Dusturiyah perspective, the government's responsibility in monitoring disaster-prone areas is a form of implementation of the leadership mandate to uphold justice ('adl) and public welfare (maslahah 'ammah). Thus, disaster monitoring policies must be implemented based on the principles of responsibility, justice, and public participation in accordance with Islamic values ??in governance

Page 93 of 95 | Total Record : 942

 91   92   93   94   95 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol. 15 No. 1 (2026): April: Law Science and Field Vol. 14 No. 6 (2026): February: 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