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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 960 Documents
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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.
Fulfilling of the Right of Persons with Disabilities to Improve the Quality of Educational Services in The Province Of Gorontalo Alfiyah Agussalim; Rahmatia Pakaya; Abdul Mukhlis Akuba
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.v15i2.1639

Abstract

As stated in the Decree of the Minister of State Apparatus Empowerment Number 63 of 2003 concerning General Guidelines for the Implementation of Public Services, the implementation of public services adheres to the principle of equal rights where there should be no discrimination in public services, including in this case for people with disabilities. To fulfill the rights of people with disabilities in educational services, the Gorontalo Provincial Government issued Governor Regulation Number 41 of 2015 concerning the Implementation of Inclusive Education in Gorontalo Province. This study aims to analyze efforts to fulfill the rights of people with disabilities, especially in the field of primary and secondary education in Gorontalo Province with a comparative approach between theory, previous research and research results. The results of this study indicate that one of the efforts made by the government is through inclusive education, but in its implementation there are still various obstacles, such as limited human resources (Special Education Teachers and Psychologists), limited employment opportunities for SLB graduates, the absence of special scholarships and lack of parental awareness to send children with special needs to school.
Handling of Theft Cases Based on Restorative Justice at the Muara Enim District Attorney’s Office Syalwa Putri Khairumi; Faisal Abdaud; Huzaiman Huzaiman
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.v15i2.1642

Abstract

This study investigates the implementation of restorative justice in addressing theft cases during the prosecution phase at the Muara Enim District Attorney’s Office, reflecting a paradigm shift in the Indonesian criminal justice system from a retributive model to one focused on social repair. The study aims to examine the implementation mechanisms, challenges faced, and the efficacy of restorative justice in addressing minor criminal cases and reducing recidivism. The employed method is an empirical legal approach utilizing a field-based methodology that includes interviews, observations, and an examination of legal documents pertaining to law enforcement officers and applicable legislation. The research results indicate that restorative justice has been actively and effectively applied in resolving cases through the discontinuation of prosecution, reconciliation between victims and suspects, and follow-up rehabilitation programs in the form of social sanctions, skills training, and community supervision. Nevertheless, its implementation still faces challenges such as limited budgets, time, and facilities, as well as social and emotional factors among the parties involved. Thus, restorative justice has proven to be a more humane, efficient, and recovery-oriented legal solution, although it still requires institutional strengthening and broader social support.
Protection of Indigenous Peoples' Rights in Forest Areas: A Normative Legal Analysis of the Seizure of Indigenous Territories Rima Homesty; Rahadi Wasi Bintoro
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.v15i2.1645

Abstract

The takeover of indigenous peoples' land rights by the state or corporations remains a legal issue that requires special attention. Indigenous communities, who manage forest areas such as customary land rights for generations, often face challenges from the state, which acts as the primary authority over forest areas. This study aims to analyze the forms of protection for indigenous peoples' rights using a normative approach. The method used in this study is normative juridical, utilizing literature study techniques by examining laws and legal doctrines related to the recognition of indigenous peoples' rights and rights to traditional territories. This study found that the recognition of indigenous peoples' rights has been normatively accommodated in the constitution and related regulations, but its implementation faces challenges in the form of overlapping sectoral policies and low administrative recognition of indigenous community territories. Therefore, reconstructive efforts are needed in the form of regulatory harmonization and legal recognition of indigenous peoples' territories so that the protection of indigenous peoples' rights in forest areas can be implemented effectively and fairly
Resolution of a Dispute Over Inherited Land Sold in Lubuk Basung Subdistrict, Agam Regency (Study of Judgment No. 893 K/Pdt/2025) Ahmad Akbar; Syofiaty Lubis
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.v15i2.1646

Abstract

This research aims to analyze the legal position of high inheritance property (harato pusako tinggi) under Minangkabau customary law and the resolution process of disputes arising from the unilateral sale of such property without the approval of the clan, as reflected in Decision Number 893 K/Pdt/2025 in Lubuk Basung District, Agam Regency. This study employs a normative juridical research method using a case approach by examining court decisions, legislation, and relevant legal literature. The results show that harato pusako tinggi is a communal hereditary property passed down through generations and cannot be transferred or sold without the consent of all clan members. The dispute in this case arose because one party sold pusako tinggi land without the approval of the clan, thereby violating Minangkabau customary law. The dispute resolution process was carried out through litigation, beginning from the District Court up to the Supreme Court. In its decision, the court recognized the existence and application of customary law by declaring the actions of Defendant I unlawful and ordering the return of the land rights to the clan through the Mamak Kepala Waris. Furthermore, this research finds that the settlement process did not fully prioritize customary dispute resolution mechanisms based on the Minangkabau principle of “bajanjang naiak, batanggo turun.” Therefore, strengthening the role of customary institutions and ninik mamak, optimizing non-litigation dispute resolution, and harmonizing customary law with national law are necessary to prevent similar disputes in the future
Legal and Administrative Analysis of Ombudsman’s Role in Resolving Public Service Maladministration in Indonesia Jaka Maulana; Heru Wahyudi; Angga Rosidin
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.v15i2.1647

Abstract

Public service maladministration remains a significant challenge in Indonesia because it undermines citizens’ rights, weakens administrative justice, and reduces accountability in public service governance. This study aims to analyze the legal and administrative role of the Ombudsman of the Republic of Indonesia in resolving public service maladministration. The research employs a normative juridical approach complemented by qualitative administrative document analysis, using statutory regulations, scholarly literature, and institutional documents related to the Ombudsman’s authority, complaint-handling mechanisms, and institutional effectiveness. The findings show that the Ombudsman holds a strategic position as an independent external oversight institution with authority to receive complaints, examine allegations of maladministration, conduct investigations, facilitate corrective actions, and issue recommendations. Administratively, the Ombudsman functions as a complaint-resolution mechanism, an accountability forum, and a preventive institution for improving public service governance. However, its effectiveness is constrained by uneven compliance with recommendations, limited coercive enforcement, incomplete regulatory support for certain remedies, restricted institutional capacity, and variations in bureaucratic responsiveness. This study concludes that the effectiveness of the Ombudsman in resolving maladministration depends on the interaction between legal authority, administrative capacity, institutional compliance, and sustainable follow-up mechanisms
Administrative Discretion and the Risk of Abuse of Authority in Indonesian Public Administration Heru Wahyudi; Jaka Maulana; Angga Rosidin
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.v15i2.1648

Abstract

Administrative discretion is essential in public administration because government officials must often respond to concrete problems, regulatory gaps, urgent situations, and administrative stagnation that cannot be fully addressed through rigid legal rules. In Indonesia, discretionary authority is formally recognized under Law Number 30 of 2014 concerning Government Administration as a lawful mechanism to maintain responsive governmental action. However, discretion also creates a risk of abuse of authority when it is exercised beyond its legal purpose, detached from public interest, or conducted without accountability and adherence to the General Principles of Good Governance. This study aims to analyze the legal position of administrative discretion in Indonesian public administration, examine its potential transformation into abuse of authority, and formulate a balanced legal and governance framework for controlling discretionary power. This research employs normative legal research supported by a conceptual public administration approach through statutory, conceptual, and analytical methods. The study finds that discretion is indispensable for adaptive governance, but its legitimacy depends on clear legal boundaries, transparent reasoning, proper documentation, effective oversight, and a precise distinction between lawful discretion and unlawful misuse of authority. This article concludes that strengthening these safeguards is necessary to support responsive, accountable, and rule-based governance in Indonesia
Criminal Law Protection For Local Wisdom And Traditional Knowledge In Indonesia Resianna Lamria Nadeak; Eko Riyadi; Cik Marhayani
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.v15i2.1634

Abstract

Criminal law protection for local wisdom and traditional knowledge in Indonesia is essential for safeguarding and preserving the nation’s cultural heritage. This study aims to evaluate the effectiveness of existing criminal law regulations in protecting local wisdom and traditional knowledge from misuse and exploitation. Using a qualitative research method with a Systematic Literature Review (SLR) approach, this study analyzes various relevant literature and regulations to identify and evaluate the success of the law in providing protection. Additionally, this study identifies the challenges and obstacles faced in the implementation of criminal law protection, including social, cultural, and institutional factors. The results indicate that while existing regulations have provided a legal foundation, various challenges still hinder the achievement of optimal protection. These findings are expected to provide recommendations for policymakers in their efforts to enhance legal protection for local wisdom and traditional knowledge in Indonesia
Ecology-Based Regulatory Model for Seagrass Ecosystem Protection in the Aru Islands Ricky Marthen Wattimena
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.v15i2.1653

Abstract

Seagrass ecosystems serve important ecological functions as habitats for marine life, coastal protection, and blue carbon sinks. However, seagrass ecosystem protection in the Aru Islands still faces various challenges due to weak coastal area management regulations that are not yet ecologically based. This study aims to analyze the legal regulations for seagrass protection, identify weaknesses in coastal management regulations, and formulate an ecologically based regulatory model for seagrass ecosystem protection in the Aru Islands. The study uses normative legal methods with a legislative and conceptual approach, supported by limited empirical data. The results indicate that seagrass protection regulations in Indonesia are still partial and sectoral, and do not provide specific protection for seagrass ecosystems. Furthermore, coastal area management regulations are still oriented towards natural resource utilization rather than ecological protection. This study proposes an ecologically based regulatory model through an ecoregional approach, strengthening coastal village regulations, community participation, integrated coastal management, and integrating blue carbon governance as an effort to realize sustainable seagrass ecosystem protection in the archipelago
Realising a Clean Denpasar: Waste Management Based on Good Governance and the Principles of Tri Hita Karana Agus Surya Manika; Ni Nengah Agustin Citrawati
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.v15i3.1660

Abstract

Waste is a complex problem in Denpasar City, and the Denpasar City Government has introduced various regulatory measures to address this issue, including Denpasar Mayoral Regulation Number 15 of 2023 concerning Culture-Based Waste Management. Despite the existence of this regulation, a significant gap remains between the waste management policies established by the local government and their implementation by communities at the local level. Community participation in waste sorting, reduction, and environmentally responsible disposal practices has not yet been fully aligned with the objectives of the regulation, indicating that the policy has not been implemented effectively in practice. This gap demonstrates that the integration of good governance principles and the local wisdom values of Tri Hita Karana has not yet been optimally translated into community behavior and institutional practices. This article examines waste management in Denpasar City from the perspective of good governance and the implementation of Tri Hita Karana values. This study employs normative legal research to analyze the normative gap within Denpasar Mayoral Regulation Number 15 of 2023, particularly the absence of clear legal provisions that strengthen the implementation of good governance principles and Tri Hita Karana values to bridge the gap between policy and community practices. The research applies statutory, conceptual, and case approaches. The findings reveal that the principal obstacle to effective waste management is not merely limited community awareness but the absence of explicit legal provisions governing community participation, institutional coordination, accountability, and supervision within the existing regulatory framework. The study further finds that the values of Parahyangan, Pawongan, and Palemahan can function as legal-cultural principles that strengthen environmental governance by fostering moral responsibility, collective participation, and environmental stewardship. The novelty of this research lies in the development of a normative legal framework that integrates enforceable good governance principles with the culturally embedded values of Tri Hita Karana to bridge the gap between regulatory policy and community practice. This integrated framework provides a legal basis for improving regulatory implementation and offers a model for sustainable, participatory, and culturally responsive waste governance in Indonesia

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