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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 968 Documents
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The Legal Force of Riau Governor's Decree No. Kpts.482.a/XI/1987 on State Land Possession Under Government Regulation No. 20 of 2021: A Study of Decision No. 55/Pdt.G/2023/PN Rhl Muhammad Riyandi; Mhd. Yadi Harahap
LEGAL BRIEF Vol. 15 No. 3 (2026): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i3.1662

Abstract

This study aims to analyze the legal force and validity of the Decree (SK) of the Governor of Riau as the basis for state land possession covering an area of 24 hectares in Bagan Manunggal Village by the Branch Leadership of PEPABRI, Bagan Sinembah Sub-district, within the perspective of Law Number 5 of 1960 concerning the Basic Agrarian Regulations (UUPA). This issue is particularly relevant given that the Governor's Decree is frequently employed as an administrative basis for land possession, yet in practice it frequently generates disputes, as reflected in the Decision of the Rokan Hilir District Court Number 55/Pdt.G/2023/PN Rhl. Unlike prior studies that examine the legal force of gubernatorial decrees at a general, doctrinal level, this study offers novelty by testing a specific, decades-old Governor's Decree directly against a single adjudicated case under the post-2021 land acquisition regime, thereby identifying the precise doctrinal points at which such old administrative instruments fail to satisfy current agrarian law. This study employs a normative legal research method with a statutory approach and a case approach, supported by document study and field observation used to corroborate the secondary legal data. The findings indicate that a Governor's Decree cannot serve as an absolute legal basis for state land possession when it is inconsistent with the provisions of the UUPA. Based on an analysis of the court decision, the Governor's Decree in this case fails to satisfy the principles of State Control Rights (Article 2), the Social Function of Land (Article 6), and Legal Certainty for rights holders (Articles 4 and 14). Furthermore, the Decree was not grounded in a thorough verification of the land's status or the rights already attached to the disputed object. The panel of judges held that the Governor's Decree exceeded its jurisdictional authority (ultra vires) and therefore has no binding force in proving land possession. This study affirms that every administrative legal instrument, including a Governor's Decree, must remain subordinate to the normative hierarchy and the principles established under the UUPA. In practical terms, this study provides recommendations to regional governments to exercise greater diligence in issuing decisions pertaining to state land and to strengthen preventive legal protection mechanisms in order to avert disputes. Accordingly, this study is expected to contribute to the realization of a more orderly and equitable land governance system
Analysis of the effectiveness of tax dispute mediation as an effort to realize tax law justice Nathasya Nadia Fenandri
LEGAL BRIEF Vol. 15 No. 3 (2026): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i3.1666

Abstract

The surging volume of tax disputes in Indonesia, reaching a record 390,822 cases in 2024, has heavily burdened the Tax Court and delayed legal certainty. This study examines the efficacy and normative barriers of the current adversarial litigation system and evaluates how tax mediation can be legally reconstructed to ensure substantive justice. Utilizing a normative juridical method with a statute and comparative approach, this research analyzes the current administrative review mechanism and the implementation of Ministry of Finance Regulation No. 15/2025. The results reveal that the existing litigation path positions taxpayers unfairly due to procedural complexions, high financial penalties, and institutional conflicts of interest. Furthermore, the quasi-mediation function of the newly established Quality Assurance Team remains inadequate due to structural dependence and limited material jurisdiction. This study concludes that the rigid zero-sum game approach in tax litigation undermines material justice, as evidenced by multinational transfer pricing disputes. Consequently, it is recommended that the Indonesian government urgently reform its tax laws by creating a formal legal framework for independent tax mediation, expanding the material scope of administrative reviews, and relaxing penal sanctions to foster a cooperative compliance environment
Reconstruction Of The Concept Of Will Defect (Wilsgebreken) In The Era Of Digital Contracts: A Study On Manipulative Design Practices And Algorithmic Nudging On E-Commerce Platforms Maulana Nurdin Hasibuan; Akmaluddin Syahpputra
LEGAL BRIEF Vol. 15 No. 3 (2026): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i3.1672

Abstract

The rapid development of e-commerce in Indonesia brings new legal issues related to the validity of electronic contracts. The practice of manipulative design (dark patterns) and algorithmic nudging on e-commerce platforms has the potential to influence consumers' free will in giving consent. This research analyzes the relevance of the concept of defect of will (wilsgebreken) in Articles 1321-1328 of the Civil Code to these practices, identifies existing regulatory weaknesses, and formulates a model for reconstructing the concept of defect of will for the digital contract era. The research method used is normative juridical with legislative, conceptual, and comparative approaches. The research results show: (1) the traditional concept of defects of will (dwaling, dwang, bedrog) is inadequate to accommodate forms of systematic and programd digital manipulation; (2) there is a legal vacuum in the ITE Law, Consumer Protection Law, and PMSE Government Regulation that has not explicitly regulated manipulative design; (3) a reconstruction of the concept of defects of will is needed by adding a new category of "digital manipulation" (digitale manipulatie) that includes the exploitation of cognitive weaknesses thru interface design and algorithms. The research recommends amending the Civil Code to accommodate digital defects of will, issuing specific regulations prohibiting dark patterns, and adopting best practices from the European Union's Digital Services Act
Reformulating Criminal Law Policy on Vigilantism (Eigenrichting) to Strengthen Legal Certainty in Indonesia Anak Agung Ngurah Adhi Wibisana; Anak Agung Sagung Laksmi Dewi
LEGAL BRIEF Vol. 15 No. 3 (2026): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i3.1679

Abstract

The recurring practice of vigilantism (eigenrichting) in Indonesia reflects a growing tendency to usurp the State's exclusive authority to administer criminal justice, thereby undermining due process of law, the presumption of innocence, and legal certainty. Previous studies have primarily examined vigilantism from criminological, sociological, and human rights perspectives, while limited attention has been given to the absence of a specific criminal law framework recognizing vigilantism as an autonomous criminal offence. This study analyzes Indonesia's existing criminal law policy and formulates a criminal law policy model to strengthen legal certainty. Employing normative legal research, this study uses statutory, conceptual, case, and comparative approaches. The findings reveal that vigilantism is not specifically regulated, resulting in reliance on general criminal provisions that fail to reflect its distinctive legal character. The novelty of this study lies in developing a criminal law policy reformulation that recognizes vigilantism as an autonomous criminal offence through a specific legal definition, constituent elements, criminal liability, and sentencing principles. This study contributes to criminal law theory, provides normative guidance for legislative reform, and offers clearer legal standards for consistent law enforcement
Monitoring Compliance with Administrative Sanctions Under Ministry of Environment and Forestry Regulation Number 14 of 2024 at Modern Cikande Industrial Estate (MCIE) Siti Sofhia Ardhabilla; Ikomatussuniah Ikomatussuniah; Ahmad Rayhan
LEGAL BRIEF Vol. 15 No. 3 (2026): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i3.1682

Abstract

Monitoring compliance with administrative sanctions is a crucial tool in environmental law enforcement to ensure that businesses comply with environmental protection and management regulations. This study aims to analyze the implementation of compliance monitoring of administrative sanctions based on Minister of Environment Regulation No. 14 of 2024 in Modern Cikande Industrial Estate (MCIE), Serang Regency, and to identify the obstacles that affect its effectiveness. The novelty of this research lies in testing the implementation of the 2024 regulations in a large-scale integrated industrial zone with a multi-tiered authority structure. The study employs an empirical legal method with a sociological approach to law. The data were collected through semi-structured interviews with Environmental Supervisory Officials (PPLH) of the Serang Regency DLH and a literature review, and were then analyzed qualitatively using descriptive and prescriptive thematic analysis, with Soerjono Soekanto’s theory of legal effectiveness serving as the analytical framework. Supervision has been carried out in accordance with the provisions of Article 61 of Ministry of Environment Regulation No. 14 of 2024; however, it has not been optimal due to limited human resources, overlapping authorities, low compliance among business operators, and suboptimal utilization of the Electronic Environmental Reporting Information System (SIMPEL). These findings underscore the dominant role of law enforcement officials and resources in determining the effectiveness of oversight and serve as the basis for recommendations to strengthen institutional coordination, enhance the capacity of oversight officials, and optimize SIMPEL
Legal Status of Cryptocurrency as an Alternative Payment Instrument in Singapore Afifah Khairunnisa Kirani; Muhammad Zaki Mubarrak
LEGAL BRIEF Vol. 15 No. 3 (2026): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i3.1683

Abstract

The development of financial technology has driven the use of cryptocurrencies as digital payment instruments that facilitate fast, efficient, and easy cross-border transactions. Singapore is one of the countries that has accommodated the use of cryptocurrencies as an alternative payment instrument through the Payment Services Act (PSA) 2019, but still stipulates the Singapore Dollar (SGD) as the only legal tender under the Currency Act 1967. This research uses normative legal research methods with a legislative approach and a conceptual approach. The legal materials used consist of primary legal materials in the form of the Constitution of the Republic of Singapore, the Currency Act 1967, the Payment Services Act (PSA) 2019 and its amendments, as well as the MAS Notices and Guidelines. Secondary legal materials in this research are books, scientific journals, and relevant literature. This research finds that the study shows that based on the concept of a legal tender, cryptocurrencies are not legal tender. Even though not a legal tender, cryptocurrency can still be used as an alternative payment instrument in the form of a Digital Payment Token (DPT) based on the Payment Services Act (PSA) 2019. The separation of arrangements between the Currency Act 1967 and the Payment Services Act (PSA) 2019 provides legal certainty, strengthens consumer protection, and maintains the stability of the payment instrument
Challenges in Law Enforcement Against Online Gambling Promotion by Social Media Influencers: Protecting Indonesia's Digital Generation Anak Agung Ngurah Adhi Wibisana; Anak Agung Sagung Laksmi Dewi
LEGAL BRIEF Vol. 15 No. 3 (2026): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i3.1684

Abstract

The increasing use of social media has facilitated online gambling promotion by influencers, creating significant challenges for criminal law enforcement in Indonesia. This research aims to analyze the challenges in enforcing criminal law against online gambling promotion by social media influencers and to formulate an integrated criminal law policy to strengthen legal protection for Indonesia's digital generation. This study employs normative legal research using statutory, conceptual, case, and comparative approaches, with qualitative analysis of primary and secondary legal materials. The findings indicate that ineffective law enforcement is caused by regulatory ambiguity regarding influencer criminal liability, limited institutional coordination, technological disparities, evidentiary difficulties, jurisdictional constraints, and the normalization of gambling-related content in the digital environment. To address these challenges, criminal law policy should be reformulated through clearer regulation of influencer liability, stronger inter-agency coordination, enhanced digital forensic capabilities, preventive legal education, greater accountability of digital platform providers, and the adoption of relevant comparative legal approaches. The novelty of this research lies in proposing an integrated criminal law reform model that combines Soerjono Soekanto's Theory of Law Enforcement and Lawrence M. Friedman's Legal System Theory, supported by judicial and comparative legal analyses. The proposed model provides theoretical development and practical guidance for strengthening Indonesia's criminal law policy against online gambling promotion
Constitutional Law and the Integrity of the Republic of Indonesia: An Integrative Framework for Constitutional Supremacy, Decentralization, and State Defense Agus Agus; Aditiarman Aditiarman
LEGAL BRIEF Vol. 15 No. 3 (2026): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i3.1693

Abstract

The integrity of the Unitary State of the Republic of Indonesia (NKRI) is increasingly confronted by multidimensional constitutional challenges, including radicalism, globalization, regulatory disharmony, economic inequality, and weak central-regional coordination. These developments demonstrate that threats to national integrity are no longer merely territorial but have evolved into complex constitutional issues requiring adaptive legal responses. This study aims to analyze the strategic role of Constitutional Law in maintaining the integrity of the Republic of Indonesia and to formulate an integrative constitutional framework capable of addressing contemporary challenges. Employing a normative juridical method with statutory, conceptual, and comparative approaches, this research examines constitutional provisions, legislation, legal doctrines, and relevant scholarly works concerning constitutional supremacy, decentralization, and state defense. The findings reveal that the effectiveness of Constitutional Law is determined by the successful integration of three constitutional pillars: constitutional supremacy, decentralized governance, and state defense. Furthermore, this study identifies the absence of a comprehensive constitutional model linking these elements within the Indonesian legal system, resulting in fragmented policy implementation and reduced constitutional effectiveness. The novelty of this research lies in proposing a constitutional reconstruction model that positions constitutional supremacy, decentralization, and state defense as interconnected instruments for strengthening national resilience and preserving state integrity. Accordingly, Constitutional Law should be understood as a dynamic and adaptive constitutional instrument capable of safeguarding sovereignty, reinforcing social cohesion, and ensuring the sustainability of the Republic of Indonesia amidst contemporary constitutional developments

Page 97 of 97 | Total Record : 968

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