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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 944 Documents
 91   92   93   94   95 
Discriminatory Practices Against Sellers by the Shopee Marketplace from the Perspective of Law Number 5 of 1999 and the Principle of Al-‘Ad?lah According to Sayyid Qutb Salsabila, Salma; Rokan, Mustapa Khamal
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.v14i6.1584

Abstract

This study examines the practice of seller discrimination by the Shopee marketplace, which emerges through algorithmic policies, paid promotional services, and platform features that tend to favor certain sellers. This issue is analyzed based on Law No.?5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, as well as the principle of justice in Islamic economics, which emphasizes distributive fairness and balance in commercial transactions (muamalah). This research employs a normative juridical with a constitutional and philosophical approach to identify the impact of such approach discrimination on small and medium-sized enterprises (SMEs) that operate as sellers on the Shopee platform. The findings show that the existence of paid promotions, store rankings, and Shopee’s algorithmic recommendations potentially leads to unfair business competition, as these systems prioritize sellers who can afford to pay more for greater visibility. This directly weakens the position of smaller sellers, limits their market access, and creates disparities that contradict the principles of justice in Islamic economics, which call for equal opportunities and fair treatment for all business actors.Therefore, stricter oversight from competition authorities and regulatory evaluation are needed to ensure fair, healthy competition that aligns with both legal norms and Islamic economic values. This research is expected to contribute to strengthening digital business competition policies based on the values of Sharia justice
Analysis of the Limitation of the Attribution Authority of the Director Gen-eral of Customs and Excise in the Redetermination of the Classification of Imported Goods Based on the Customs Law Pattynama, Francis Maryanne; Setjoatmadja, Sylvia; Suyanto, Suyanto
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.v14i6.1585

Abstract

This study analyzes the limits of the attribution authority of the Director General of Customs and Excise in the redetermination of the classification of imported goods based on Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006 (hereinafter referred to as the Customs Law). The classification of goods is an important element in customs administration that determines the amount of import duties, taxes, and potential licensing. The authority of the Director General of Customs and Excise in re-establishing the classification of imported goods, especially as stipulated in Article 17 of the Customs Law, has significant implications for legal certainty and compliance of business actors. This study aims to identify the scope, limitations, and legal implications of attribution authorities. Using normative legal research methods with legislative and conceptual approaches, this study examines various relevant laws and regulations and legal literature. The results of the study show that the attribution authority of the Director General of Customs and Excise in the reclassification of imported goods comes from Article 17 of the Customs Law, which provides a legal basis for making classification adjustments if there are differences. However, this authority is not absolute and is limited by the principles of administrative law. The implications of the reclassification include potential changes in import duty rates and the emergence of customs disputes. The study recommends the need for further clarity on the implementation of Article 17 of the Customs Law, as well as strengthening the monitoring mechanism.
The Effectiveness of Law Number 27 of 2022 Concerning Personal Data Protection in Combating Cybercrime in Indonesia Pratama Sihotang, Teguh Satria Putra; Ginting, Elvira Dewi
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.v14i6.1586

Abstract

The development of information technology brings new challenges to personal data protection in the digital world. This study aims to evaluate the effectiveness of personal data protection policies in Indonesia in preventing and addressing cybercrime. Using a qualitative approach and normative-empirical research, this study combines a doctrinal analysis of the legal framework stipulated in Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) with secondary data analysis in the form of reports, scientific journals, and cybercrime statistics. The results show that although the PDP Law represents a step forward in digital privacy protection, its implementation still faces significant challenges, such as weak law enforcement, a lack of supporting facilities, and low public awareness. The functional analysis in this study highlights the need for institutional strengthening, increased digital literacy, and the development of an independent monitoring system to ensure the effectiveness of personal data protection in Indonesia. This research is expected to provide constructive recommendations for improving national policies on personal data protection and strengthening digital social control to prevent cybercrime
Geopolitical Dimensions of Russia’s Control over the Peanut Hole in the Okhotsk Sea: Sovereignty and the Challenges of International Maritime Law Iswardhana, Muhammad Ridha
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.v14i6.1588

Abstract

This research explores Russia’s geopolitical strategy in asserting control over the Peanut Hole in the Sea of Okhotsk, a strategically significant maritime area enclosed by Russia's Exclusive Economic Zone (EEZ). The research addresses the tension between Russia's sovereignty claims and international maritime law, particularly the United Nations Convention on the Law of the Sea (UNCLOS). This research examines the legal complexities and geopolitical implications of Russia's policy to extend its jurisdiction beyond the 200-nautical-mile limit, asserting exclusive rights over seabed resources while the waters above remain classified as high seas. The analysis critically evaluates Russia's motivations, including economic interests in vital resources like fish, oil, and gas, and the broader implications for global maritime governance. The study concludes that Russia's actions, while legally contentious, reflect a strategic effort to enhance its economic resilience and military influence in the region. This case studies found the evolving challenges in reconciling national sovereignty with international legal frameworks, offering valuable insights into maritime resource management and geopolitical power dynamics in the Asia-Pacific region
The Application Of The Pacta Sunt Servanda Principle In Credit Agreement Disputes: A Study Of Putusan Pn Karanganyar Nomor 36/Pdt.G/2024/PN Krg. Yahman, Qoirul Abdul; Subekti, Rahayu; Kharisma, Dona Budi
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.v14i6.1598

Abstract

This study aims to analyze the application of the pacta sunt servanda principle in credit agreement disputes as decided in Putusan Pengadilan Negeri Karanganyar Nomor 36/Pdt.G/2024/PN Krg. The pacta sunt servanda principle is a fundamental principle in contract law which affirms that every agreement made legally is binding on the parties. However, in judicial practice, it is not uncommon for this pronciple to be tested when one party files a lawsuit to cancel the agreement for certain reasons. This study uses a normative juridical method with a legislative and case approach, through analysis of the Civil Code, contract law doctrine, and the judge's legal considerations in the relevant decision. The results of the study show that the application of the pacta sunt servanda principle is not absolute, but must be understood systematically with the principles of justice, propriety, and good faith. Court decisions show that judges have the authority to set aside the validity of an agreement if there is evidence of a defect of consent or a violation of the validity requirements of the agreement. Thus, the principle of pacta sunt servanda remains the main basis for assessing the validity of an agreement, but its application must take into account the balance of rights and obligations of the parties in order to achieve legal certainty that is fair
Shifting Geothermal Prudence in Law 21/2014 and Job Creation Law for NDC Tsirwiyati, Dwi Najah
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.v14i6.1602

Abstract

Indonesia is a country rich in geothermal potential. In the regulations governing geothermal energy, Indonesia has experienced a shift in regulations that have an impact on the application of the principle of prudence in geothermal land use projects. This regulatory shift is very important to realize the Nationally Determined Contribution (NDC). This study analyzes the evolution of the normative framework between Law No. 21/2014 and the Job Creation Law on the principle of prudence by using historical, statute, comparative, and conceptual approaches. Law No. 21/2014, which was previously the legal basis for geothermal energy, has integrated the principle through strict licensing and strict environmental supervision. The law emphasizes proactive risk mitigation. However, on the contrary, the Job Creation Law through the Risk-Based Approach (RBA) and Online Single Submission (OSS) actually prioritizes accelerating investment and simplifying bureaucracy, This has the potential to weaken environmental damage prevention measures because it only relies on predetermined risk standards. This certainly risks eroding the core principle of the precautionary principle: prudent action in the midst of scientific uncertainty. The study evaluated the effectiveness of both regimes in balancing the energy transition with ecological protections for NDC targets
Extension of Village Head Term of Office in the Village Law Perspective: Governance Implications Subekti, Junaedi Imam; Krustiyati, Atik
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.v14i6.1597

Abstract

The extension of the village head’s term of office under the Village Law has sparked debate over the balance between governance stability and democratic principles at the village level. This article examines the legal regulation of the extension of the village head’s term of office and its implications for village governance from a normative legal perspective. Using legislative, conceptual, and historical approaches, this study analyzes statutory regulations, legal doctrines, and relevant scholarly works through qualitative legal interpretation. The analysis shows that extending the term of office may strengthen administrative stability and policy continuity in village governance. However, it also increases the risk of power concentration when not accompanied by effective oversight mechanisms. The study argues that the extension of the village head’s term of office can be compatible with the principles of good governance only if it is supported by clear implementing regulations that ensure accountability, transparency, and meaningful community participation in village governance
The Dialectics of Legal Positivism and the Sociological Jurisprudence School in the Regulation of Human Rights under the 1945 Constitution: A Critical Legal Philosophy Analysis Junior, Putra Alexander; Topan, Ali; Bandjar, Isomudin; Asnawi, Natsir
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.v14i6.1599

Abstract

The regulation of human rights in the 1945 Constitution of the Republic of Indonesia, particularly Chapter XA, reflects complex dynamics in legal philosophical thought. This study aims to critically analyze the dialectic between legal positivism and sociological jurisprudence in the normative construction of human rights and its implications for constitutional interpretation by the Constitutional Court. The research employs a normative juridical legal method with a critical legal philosophy approach, conducted through a literature review of constitutional norms, relevant statutory regulations, and Constitutional Court decisions related to human rights. The findings indicate that the regulation of human rights in the 1945 Constitution does not represent a single school of legal philosophy, but rather constitutes a paradigmatic synthesis between the normative certainty characteristic of legal positivism and the social responsiveness emphasized by sociological jurisprudence. This philosophical tension is reflected in the variation of interpretive methods adopted by the Constitutional Court, ranging from formalistic to progressive approaches. The study concludes that a constitutional interpretation model based on contextual positivism or responsive formalism is relevant for bridging legal certainty and substantive justice in the protection of human rights in Indonesia
Reformulation of notary ethical supervision patterns in an effort to maintain the dignity of notary positions in Indonesia Sacharissa Ali, Marcella; Utama, Yos Johan
LEGAL BRIEF Vol. 15 No. 1 (2026): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i1.1607

Abstract

Notaries serve as public officials entrusted with producing authentic deeds that underpin legal certainty and sustain public confidence. Despite this mandate, breaches of ethics and professional obligations are still encountered in notarial practice, suggesting that the current scheme of ethical oversight has not operated effectively. In many instances, supervision emphasizes administrative compliance and tends to be complaint-driven, which limits its capacity to protect the dignity of the notarial office. This article examines both the legal framework and the practical application of notarial ethical supervision in Indonesia and formulates a redesigned oversight model oriented toward safeguarding the dignity of the profession. The study adopts a normative–empirical legal approach through statutory and conceptual review, supported by interviews and document analysis. The findings indicate a persistent gap between regulatory ideals and implementation, reflected in uneven supervisory practices, weak institutional coordination, and the lack of standardized indicators for ethical assessment. Accordingly, this study proposes an integrated and preventive supervision pattern to reinforce notarial professionalism and maintain public trust
Legal Protection for Consumers Related to New Money Exchange Outside the Bank Wahyulina, Diah; Suryaningsih, Suryaningsih; Refangga, Galih Setyo
LEGAL BRIEF Vol. 15 No. 1 (2026): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i1.1609

Abstract

This study examines the legal protection available to consumers engaging in new money exchange transactions conducted outside formal banking institutions. The practice of exchanging newly issued currency through informal or unauthorized parties often increases during festive seasons or special events, creating potential risks such as fraud, counterfeit money circulation, unfair pricing, and lack of accountability. This research analyzes the existing legal framework governing consumer protection, currency regulation, and financial supervision to determine the extent to which consumers are safeguarded in such transactions. Using a normative juridical approach, the study reviews relevant consumer protection laws, central bank regulations, and related statutory provisions. It evaluates the legal responsibilities of informal money exchange providers and identifies gaps in enforcement mechanisms (Ardelia & Herta, 2025). The findings indicate that while general consumer protection laws provide a foundational safeguard, specific regulatory oversight over informal currency exchange activities remains limited, resulting in legal uncertainty and weak preventive measures. The study concludes that stronger regulatory supervision, clearer sanctions, and increased public awareness are necessary to ensure effective legal protection for consumers. Enhanced coordination between financial authorities and law enforcement agencies is also essential to prevent abuse and protect consumer rights in non-bank currency exchange practices

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