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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 951 Documents
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Legal Protection For The Community Of Medan City Against The Installation Of Electricity Poles (Case Study At The State Electricity Company) Dalimunthe, Rindu Lenggit; Ramadani, Ramadani
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.v15i1.1613

Abstract

This study examines the legal protection perceived by the people of Medan City regarding the installation of electricity poles, with a focus on the company responsible for installing them, namely the State Electricity Company (PLN). The background of this research is based on the limited public knowledge of legal provisions governing both corporate and state authority, as well as the inconsistency between electricity infrastructure development and citizens’ land rights and safety guarantees. These conditions often lead to problems such as land disputes or disturbances caused by electricity poles located on privately owned property. The purpose of this study is to analyze the forms of legal protection regulated under Law Number 30 of 2009 on Electricity and to identify the obstacles and solutions in its implementation in Medan City. This research uses an empirical juridical approach with a case study method, involving the analysis of legal documents, interviews with residents to examine the reality of legal protection, interviews with company representatives to understand the actual mechanisms for pole installation and the protection measures applied, and direct field observations at pole installation sites. The results of the study indicate that the reality of legal protection for residents remains relatively weak, particularly in the processes of permit management and the fulfillment of compensation. This is reflected in cases involving PLN that have generated public complaints regarding a lack of transparency and limited public participation. The study concludes that there is a need to educate the community to participate more actively and to improve their understanding of legal protection as consumers, as well as to recognize the gap between regulatory frameworks and their practical implementation in providing legal protection
Investment protection and the investment court system in the EU–Indonesia comprehensive economic partnership Yoesry, Erni
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.v15i1.1618

Abstract

The reform of international investment governance has increasingly emphasized the need to balance investor protection with the regulatory sovereignty of host states. Within this context, the introduction of the Investment Court System (ICS) under the EU–Indonesia Comprehensive Economic Partnership Agreement (IEU–CEPA) represents a significant institutional shift in investment dispute settlement. However, existing studies have largely examined the ICS from a general or comparative perspective, with limited attention to its specific implications for Indonesia’s post-BIT investment policy. This study provides a contextualized legal analysis of the investment protection framework and the proposed implementation of the ICS within the IEU–CEPA. It applies a normative legal research approach based on the analysis of international agreements, legal documents, academic literature, and policy reports. The study focuses on examining the institutional design of the ICS in comparison with the traditional Investor–State Dispute Settlement (ISDS) mechanism and evaluates its potential implications for Indonesia. The findings indicate that the ICS introduces institutional improvements through the establishment of a permanent tribunal, the incorporation of an appellate mechanism, and enhanced procedural transparency, which collectively strengthen legal certainty and predictability in investment dispute settlement. However, these same features may also constrain the regulatory flexibility of the state by promoting more consistent and binding legal interpretations. As a result, the ICS does not eliminate the tension between investor protection and state sovereignty, but rather restructures it into a more institutionalized and predictable form. The study concludes that the effectiveness of the ICS framework will depend on Indonesia’s ability to manage this trade-off by strengthening institutional capacity and safeguarding national policy space. This research contributes to the discourse on international investment law reform by highlighting how institutional innovations in dispute settlement mechanisms may simultaneously enhance legal certainty while redefining the scope of state regulatory autonomy.
Reconstruction of Supervision of Health Profession Student Practice in Teaching Hospitals Following the Enactment of Law Number 17 of 2023 concerning Health Susanto, Henny; Winata, I Gde Sastra
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

Abstract

Regulatory reform through Law Number 17 of 2023 concerning Health brings changes to the system of guidance and supervision of medical and health workers in Indonesia. This change has an impact on the practice of health professions education in teaching hospitals, particularly regarding the mechanism for supervising students involved in clinical services. Legally, health professions students do not yet have the authority to practice independently, but in fact they participate in service actions under supervision. This condition creates a complex legal relationship between students, clinical supervisors, educational institutions, and hospitals, especially when patient safety incidents occur. This study is a normative legal research with a statutory and conceptual approach. Primary and secondary legal materials are analyzed qualitatively through legal interpretation to identify normative gaps and inconsistencies in regulations regarding the supervision of student practice in teaching hospitals. The results show that although Law Number 17 of 2023 concerning Health emphasizes the importance of guidance and supervision of health workers, regulations regarding student practice have not been formulated explicitly. This normative gap has the potential to create legal uncertainty regarding the limits of action authority, supervision standards, and the construction of legal accountability. Therefore, it is necessary to reconstruct supervision by affirming the limits of competence-based authority, strengthening active and documented supervision, and establishing more specific implementing regulations to ensure legal certainty and patient protection.
Resolution of Legal Disputes Arising from Breach of Contract in Business Partnership Agreements Kusuma, Iva Wanda; Handayani, Anik Tri; Pradhana, Angga Pramodya
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.v15i1.1626

Abstract

This study aims to address the legal resolution of breaches of contract in business partnership agreements, particularly in business cooperative relationships between parties with contractual obligations. Partnership agreements are important legal instruments in modern economic activities because they regulate the rights and obligations of the parties and provide legal certainty in business relationships. However, in practice, contract breaches often occur and cause losses to one of the parties. This study employs a normative legal research method using a statutory approach and a conceptual approach through analysis of legal doctrines, legislation, and relevant court decisions. The results indicate that breach of contract in partnerships may take the form of failure to perform, delay in performance, or performance that does not conform to the terms of the agreement. These conditions can result in both material and immaterial losses for the aggrieved party. Under Indonesian civil law, the aggrieved party may seek compensation through dispute resolution mechanisms, whether through litigation or non-litigation. Therefore, the clarity of contract clauses and the agreed-upon dispute resolution mechanisms are crucial factors in providing legal certainty and preventing conflicts in business partnership relationships
The Role of Husband in Forming a Household Harmonious According to the Sunnah of the Prophet Muhammad SAW Nugroho, Nasywa Nabilah; Rangkuti, Ahmad Zuhri
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.v15i1.1336

Abstract

This study aims to examine the role of husbands in forming harmonious families according to the sunnah of the Prophet Muhammad SAW. This type of research is Library Research, which is an activity that includes selecting research theories, identifying literature and applying the results of the analysis as a theoretical basis, this study focuses on literature by analyzing the contents of the literature related to research from both primary and secondary sources. The data collection technique used is literature data collection. For the data analysis techniques used in this study are deductive, inductive and comparative methods. The results of this study indicate that the household life of the Prophet Muhammad SAW was full of affection, appreciation, and wisdom, forming and fostering a family that could be an ideal example for today's Muslim families. Likewise, in solving family problems, the Prophet Muhammad SAW used wise methods such as joking and joking, letting problems go for a while, giving advice and teaching and giving reprimands that could solve the problems of the Prophet Muhammad SAW with his wives. These principles are very relevant and can be applied to today's families to help create a harmonious family.
Legal Recognition of Indigenous Peoples in the Era of Social Transformation: A Constitutional and Customary Law Perspective Wijaya Negara, I Putu Endra; Ringgi, Deppa
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.v15i1.1633

Abstract

The existence of indigenous peoples within the Indonesian legal system has obtained strong constitutional recognition, as reflected in the 1945 Constitution, particularly Article 18B(2) and Article 28I(3), as well as statutory regulations such as Law No. 5 of 1960 on Basic Agrarian Principles and Constitutional Court Decision No. 35/PUU-X/2012. However, in the era of social transformation, legal recognition of indigenous peoples is not merely a normative issue but also a strategic concern in achieving social justice and sustainable legal development. This study employs a normative legal research approach, utilizing statutory, conceptual, and historical approaches, with data derived from library-based research. The findings reveal that the distinction between de jure and de facto recognition reflects a significant gap between state legal norms and the social realities experienced by indigenous communities. The study further identifies that the challenges of legal recognition are complex and multidimensional, encompassing normative, structural, social, and political dimensions. Therefore, harmonizing formal and factual recognition is essential to ensure substantive justice and legal certainty. Additionally, a comprehensive approach involving policy harmonization, institutional strengthening, and increased participation of indigenous peoples in regulatory processes is necessary to enhance the effectiveness of legal recognition in the context of ongoing social transformation.
Quo Vadis: Pancasila Industrial Relations in Modern Slavery (A Case Study of the Oriental Circus Indonesia) Seruni, Puti Mayang; Febrianti, Lidia; Putri Amri, Halillah Zauza
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.v15i1.1635

Abstract

The alleged slavery case involving the Oriental Circus Indonesia reveals long-standing exploitation and human rights violations, including violence, forced labor, and the deprivation of victims' identities from childhood. Although the OCI denies the allegations, this case demonstrates that modern slavery persists and contradicts the principles of Pancasila industrial relations, which uphold human dignity. This study aims to examine the gap between legal norms and practice, while also opening up new research opportunities related to modern slavery from an industrial relations perspective in Indonesia. This research method is normative-empirical and descriptive-analytical. This study found that modern slavery in Indonesia is a growing phenomenon due to unequal relations between workers and employers and weak protection and supervision. Although Pancasila Industrial Relations emphasizes human dignity and justice in employment relations, without effective implementation, exploitative practices leading to slavery still have the potential to occur. Modern slavery in Indonesia still occurs despite being contrary to Pancasila Industrial Relations, as reflected in the Oriental Circus Indonesia case, which demonstrates the unequal relations, a la Karl Marx. Its persistence is fueled by poverty, low education, weak supervision, and the difficulty of proving, thus reflecting normative, structural, and cultural failures
The Threat of Punishment Under Article 412 of Law Number 1 of 2023 Con-cerning the New Criminal Code Against Cohabitants Palyama , Folce Elden
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.v15i1.1636

Abstract

The phenomenon of cohabitation, namely living together as a married couple outside of a formal marriage, is increasingly widespread and has sparked debate from a legal and social perspective in Indonesia. Law Number 1 of 2023 concerning the Criminal Code (KUHPidana), through Article 412, regulates criminal penalties for cohabitants, with the aim of upholding social norms and community morals. This study uses a juridical normative method to analyze the provisions of Article 412, its legal implications, and challenges in law enforcement. The results of the study indicate that the article criminalizes cohabitation with a maximum prison sentence of six months or a fine, but has given rise to multiple interpretations and controversy regarding the definition, reporting, and proportionality of the sentence. Furthermore, the application of this article has the potential to create social stigma and human rights violations, so a balanced approach is needed between enforcing norms and protecting individual rights. The study recommends improving regulations to avoid legal uncertainty and ensure fairness in law enforcement against cohabitation amidst the dynamics of modern Indonesian society
DADPRO Marketing Communication Strategy In Attracting Corporate Cli-ents In Makassar: A Study Of Communication Management Based On SWOT Analysis Andika, Andika; Akbar , Muh.; Sultan, Muh. Iqbal; Sahrir , Sultan
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.v15i1.1637

Abstract

Global digital developments encourage companies to implement a more integrated and adaptive marketing communication strategy to technological changes. The event organizer industry in Makassar faces increasingly fierce competition so that the right strategy is needed to attract corporate clients. This study aims to analyze DADPRO's marketing communication strategy in attracting corporate clients with a communication management approach based on SWOT analysis. This study uses a descriptive quantitative method with data collection techniques through questionnaires, observations, and documentation of 44 respondents selected using purposive sampling. Data analysis was carried out using IFAS and EFAS matrices to identify the company's internal and external factors. The results of the study showed that DADPRO had an IFAS value of 2.43 and an EFAS of 2.84 which placed the company in Quadrant I (aggressive strategy). This shows that DADPRO has great strength and opportunity in developing marketing communication strategies, especially through digital marketing and personal approaches. The conclusion of this study shows that DADPRO is in a strategic position to grow, but it needs to improve digital marketing integration, HR competence, and brand strengthening
Legal Challenges and Recommendations for Strengthening Traditional Medicine Systems in Indonesia Budiarsih, Budiarsih; Amir, Amir
LEGAL BRIEF Vol. 15 No. 2 (2026): Juni: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i2.1638

Abstract

This study analyzes the legal challenges facing traditional medicine practices in Indonesia and formulates normative-based strategic recommendations to address them. Indonesia boasts a rich biodiversity and rich heritage of traditional medicine, but the rapid development of these practices has not been matched by comprehensive regulations, creating a gap between community needs, local wisdom, and legal protection. This study is a normative legal study using both legislative and conceptual approaches. The results identify three main challenges: first, regulatory dualism between the Health Law, the Medical Practice Law, and overlapping regional regulations, creating legal uncertainty and the potential for criminalization of traditional healers. Second, the ambiguous legal status of traditional healers due to voluntary competency standards and licensing, leaving patients without guaranteed safety and practitioners with inadequate legal protection. Third, the weak protection of traditional knowledge in the field of medicine from commercial exploitation without equitable profit sharing. Strategic recommendations include regulatory harmonization through the establishment of a special law for traditional medicine, strengthening the mandatory certification system and national registration, integrating proven safe and effective traditional medicine into the national health system, including the BPJS financing scheme, and increasing the capacity of traditional healers through evidence-based training and collaboration with academics.

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