LEGAL BRIEF最新文献

{"title":"Juridical Consequences and Legal Protection for Unregistered Waqf Land","authors":"Shendy Rianti Islamy, Audia Andini Ariputri, Belinda Soegijanto, Willy Democitta Tanaya","doi":"10.35335/legal.v12i1.760","DOIUrl":"https://doi.org/10.35335/legal.v12i1.760","url":null,"abstract":"This study aims to investigate the legal implications of unregistered waqf land and the protection available to it. The research adopts a descriptive and normative legal research approach to analyze the legal framework surrounding waqf in Indonesia. The findings show that the government has enacted laws and regulations, such as Law no. 5 of 1960, Government Regulation No. 28 of 1977 concerning Waqf of Owned Land, and Law Number 41 of 2004 concerning Waqf, to ensure that waqf assets are legally protected and registered. According to positive law, the waqf pledge deed is considered an authentic deed that can be used as evidence in resolving future disputes regarding waqf land. The involvement of witnesses in the waqf pledge process is essential to guarantee the protection of waqf land. Despite the existing regulations, there are still unregistered waqf lands that need legal protection. The research reveals that legal protection for unregistered waqf land is available in Indonesia. However, the absence of registration and certification for waqf land creates uncertainty and makes it vulnerable to misuse by parties who are not responsible for the legal nature and purpose of waqf. Therefore, it is important to continue promoting the registration of waqf assets to ensure their legal protection and prevent any future disputes. The implications of this research contribute to the ongoing discussions on waqf land registration and provide a basis for further research in this field.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114654609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Review of the Requirements Become a Candidate for DPRD Member Who Graduate from Senior High School That’s Still Pro and Contra","authors":"Agustiawan Saragih, A. Abdillah, Ismayani Ismayani","doi":"10.35335/legal.v12i1.753","DOIUrl":"https://doi.org/10.35335/legal.v12i1.753","url":null,"abstract":"DPRD is a Regional People's Representative Body as a representation of the people, has the function of Forming Regional Regulations, Budgeting and Oversight which of course requires people who are experts in their fields. The aim of the research is to conduct a legal review regarding the requirements for prospective DPRD members who graduate from high school who still have pros and cons. The type of research in this paper is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive, namely explaining the problem according to the research title. The data used is secondary data which consists of primary legal materials in the form of Law No. 7 of 2017, Law No.23 of 2014 and related laws in research journals and secondary legal materials in the form of books, journals, electronic news, laws and regulations, opinions of legal experts and writings related to research title. The legal review regarding the requirements for prospective DPRD members to graduate from high school does fulfill one of the requirements in the laws and regulations, but to become a people's representative or legislator with a high school diploma equivalent can be said to be not yet an expert or broad-minded due to limited education. Therefore, it is suggested that the requirements for candidates for legislative members need to increase the standardization of minimum education for candidates for legislative members who have graduated from university, at least a Bachelor of Laws or Bachelor degree related to executive, legislative and judicial policies.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121261966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Dualistic Concept of Personal Guarantee Responsibility and Its Relevancy with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligation A Dualism Of Personal Guarantee Responsibility In Indonesia Bankruptcy Law","authors":"Liza Mashita Ramadhania","doi":"10.35335/legal.v12i1.751","DOIUrl":"https://doi.org/10.35335/legal.v12i1.751","url":null,"abstract":"Indonesia's legal system recognizes the concept of personal guarantee, which is a promise or guarantee of an individual as a third party to fulfil the debtor's obligations. The concept of guarantee in Indonesia regulates the roles and responsibilities of personal guarantees if the debtor cannot pay his debts. However, the problem is a dualism in theory or approach to personal guarantee responsibility, especially in carrying out debt collection in the debt settlement process in Bankruptcy and Suspension of Debt Payment Obligations (\"PKPU\"). This dualism exists in the approach to justify actions for the creditor in determining who can be claimed to fulfil debt payment obligations - the debtor or personal guarantor. The main purpose of this journal is to analyze the existence of dualism problems in the concept of responsibility in personal guarantees and how to address the issues. In this journal, the author uses normative juridical research methods, which can be analyzed with conceptual and statutory approaches. This journal addresses an analysis that there are still inconsistencies in Indonesian legal practice in determining responsibility for the implementation of debt obligations, especially in deciding bankruptcy cases in Indonesia. Regarding whose debt responsibility is, there is still a dual approach, namely whether to use the \"guarantor is always a guarantor\" approach or the \"guarantor is the debtor\" approach. This journal concludes that there is a legal vacuum to resolve these circumstances. Regardless of the dualism of these circumstances, the author argues that it is necessary to unify the concept of responsibility for personal guarantees to provide legal certainty, especially concerning the implementation of debt collection in the bankruptcy process and at the time of PKPU.The dualism of personal guarantee theory has indicated that it is urgently needed to unify the concept of personal guarantee to provide legal certainty, especially concerning the implementation of debt collection in the process of settlement of debts in bankruptcy and at Suspension of Debt Repayment Obligation (Penundaan Kewajiban Pembayaran Utang/PKPU), where the creditor must determine who can be claimed to fulfill the debt payment obligations. In this paper, the author seeks who is responsible to pay the debt when there is a personal guarantor to guarantee the debtor, and also to examine the debt settlement process through PKPU or bankruptcy.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130093359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Effectiveness of Implementing the Supreme Court Ordinance Number 3 of 2022 on Electronic Mediation in Courts","authors":"Ardina Khoirun Nisa","doi":"10.35335/legal.v12i1.731","DOIUrl":"https://doi.org/10.35335/legal.v12i1.731","url":null,"abstract":"The emergence of the Pandemic in Indonesia announced in March 2020 has impacted on the restrictions preventing crowds, including the implementation of the judiciary. To overcome the issues, the Supreme Court Ordinance Number 3 of 2022 comes into existence. This study aims to find out the provisions for electronic mediation in court based on Supreme Court Ordinance Number 3 of 2022 and to investigate whether the implementation of Supreme Court Ordinance Number 3 of 2022 has been implemented properly. This study employed normative legal research methods aimed at examining the content of positive legal norms or norms containing research subjects, which are legislation and other legal materials. The results showed that the emergence of Supreme Court Ordinance Number 3 of 2022 where the implementation of electronic mediation is established with the principles of voluntary, confidential, effective, safe, and established with the principles of voluntary, confidential, effective, safe and reachable access. In line with Chapter 1 of the Supreme Court Ordinance Number 3 of 2022, electronic mediation is a way of dispute resolution through negotiation to elicit an agreement by using recent technology. Meanwhile, the Supreme Court Ordinance Number 3 of 2022 has been implemented properly in several courts, they are the Rantauprapat Religious Court, the Magelang Religious Court, the Pinrang Religious Court of Class 1A, and the leadership council of the Pekalongan Advocate Association.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121243136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection for Women as Victims in the Criminal Action of Mugging in Medan City","authors":"Monica Sarah Sirait, Laris Perjuangan Tambunan, Yulkarnaini Siregar","doi":"10.35335/legal.v12i1.754","DOIUrl":"https://doi.org/10.35335/legal.v12i1.754","url":null,"abstract":"One of the crimes that is rife in the national news is the mugging that occurred in Medan City where women are often be victims.The purpose of thisis to find out the legal protection provided by the state to women as victims of criminal acts of mugging, especially in Medan City. This type of research is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive which explain the problem according to the research title. The data used is secondary data which consists of primary legal materials in the form of Law No. 31 of 2014 concerning amendments to Law No. 13 of 2006 concerning the protection of witnesses and victims, the Criminal Code, the Law No. 39 of 1999 concerning Human Rights, the Criminal Procedure Codeand secondary materials in the form of books, journals, electronic news, laws and regulations, court decisions and opinion of legal experts and writings related to the title of the research. Legal protection for women as victims of mugging in Medan City is urgently needed so that victims get justice. Law enforcers must unite to achieve an Integrated Criminal Justice System, especially the Police as law enforcers who have been given the authority by law to eradicate criminal acts of mugging that are rife in Medan City. Besides that, it is recommended for women to be more careful when driving at nightalone.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132958654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fighting Corruption Through Tax Administration Reform: Vietnam Case Study","authors":"Thao Le thi","doi":"10.35335/legal.v12i1.772","DOIUrl":"https://doi.org/10.35335/legal.v12i1.772","url":null,"abstract":"Corruption in tax administration is attracting much attention worldwide due to its strong negative impact on economic activity, especially impact on tax revenue and budget deficit. Corruption erodes trust and causes loss of state budget revenue, especially in the tax field. In the process of digital transformation with many reforms in the tax administration mechanism in Vietnam, corruption in tax administration has been somewhat limited. This study is based on political and legal analysis by normative method or theoretical legal research, taking Vietnam as research evidence. On the basis of the current status of Vietnam's tax administration mechanism in the past time, identifying corrupt acts in the tax administration process through tax management practices, the research results show that tax administration with current The modernization of tax administration is the basic basis to limit corruption in the tax field. With the reform of tax administration by simplifying tax processes and procedures, reducing the arbitrary situation and abuse of tax laws by tax officials, transferring the entire tax collection function to modern tax management - a modern tax administration is needed to keep up with the growing trend. the complexity of the operations of companies in the age of globalization.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128202932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Effectiveness of the Merit System in Office Administration within the Sinjai District Government","authors":"Erwin Darmawan, A. Moenta, Achmad Ruslan","doi":"10.35335/legal.v12i1.749","DOIUrl":"https://doi.org/10.35335/legal.v12i1.749","url":null,"abstract":"This study aims to find out and analyze the extent of the effectiveness of the implementation of the merit system in fulfilling positions within the Sinjai district government and analyze how aspects of the merit system affect the application of the merit system itself. The results of this study show that (1) the effectiveness of the implementation of the merit system has not run optimally judging from the achievement of mapping the potential and competence of employees who are still far between employees who have and have not implemented competencies. Because if it is related to the regulation of the Permenpan RB Number 38 of 2017, it is explained that employees who occupy positions must first hold a competency test to determine the eligibility of the employee to occupy the position. This is also because there are several obstacles faced in the field, namely; the presence of budget constraints; There is still a lack of understanding of civil servants; There is still a lack of interest in civil servants; Inadequate facilities and facilities; There is no Assessor Functional Officer yet. (2) Aspects of the Merit System are very influential in the process of determining an employee in a position, because in determining a person in a promotion, it is necessary to look at a person's competence, performance, and career pattern by referring to the applicable employee rules. An employee has the right to develop competencies and career clarity that supports it.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129743592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Procurement of Government Goods and Services in Surabaya City: A Juridical Analysis of Business Contracts","authors":"Tifany Eka Prastya, Rachma Fitriyanti Nasri, Maulidina Nafiah Guntoro, Libita Ayu Annisa Sativa","doi":"10.35335/legal.v12i1.752","DOIUrl":"https://doi.org/10.35335/legal.v12i1.752","url":null,"abstract":"Effective procurement of goods and services in the Surabaya City Government area is essential to ensure that public funds are spent accountably and transparently. As such, there is an urgent need to examine the legal aspects of business contracts for the procurement of government goods and services in the city of Surabaya. The purpose of this study is to determine the factors that influence the occurrence of default by the Goods and Services Provider, as well as the responsibility of the regional head in the abuse of authority in the procurement of goods and services of local government. The research method uses normative juridical methods with a statutory approach and concept approach. The results of the findings in this study are that there are internal and external factors that make the occurrence of default where the agreement in an agreement is not implemented. Law Number 32 of 2004 concerning Regional Government for the implementation of legal liability of regional heads can be used as a guideline for the mechanism of legal liability of regional heads. The implementation of personal legal responsibility can be subject to article 3 of Law Number 31 of 1999 concerning Eradication of Corruption, as well as the return of state losses according to article 59 paragraph (2) of Law Number 1 of 2004 concerning State Treasury and article 18 letter b of Law Number 31 of 1999 concerning Eradication of Corruption. By shedding light on the legal framework that underpins procurement contracts in Surabaya, this study provides valuable insights for policymakers, public officials, and other stakeholders seeking to ensure the effective use of public funds in Surabaya City Government procurement.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123109141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Review of the Performance of Firefighters and Rescue Workers in Deli Serdang","authors":"Sunardi Petrus Sembiring, H. Heriansyah, Dewi Robiyanti","doi":"10.35335/legal.v12i1.755","DOIUrl":"https://doi.org/10.35335/legal.v12i1.755","url":null,"abstract":"Fire and Rescue or abbreviated as Fire and Rescue are implementing elements of the Government which have the responsibility to assist the community in handling fires and rescue. The research objective was to find out the legal review regarding the performance of firefighters and rescue workers in Deli Serdang Regency. And it is necessary to have a legal study on how to deal with fires in accordance with rescue procedures from the government which can create common perceptions and uniformity of ways of acting for all personnel involved. The type of research in this paper is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive, namely explaining the problem according to the research title. The data used as primary legal materials include Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 16 of 2020 Concerning Nomenclature Guidelines for Provincial and District/City Fire and Rescue Services, and secondary legal materials in the form of books, journals, writings, media , and documents or other information related to the research title. By carrying out the procedures from the government, efficient suppression efforts can be achieved in deploying personnel to minimize losses and work as optimally as possible in blackout operations and rescue operations. Therefore, it is recommended for Firefighters and Rescue Executors to improve performance and timeliness, quality of facilities and infrastructurein tackling fire disasters and better rescue so that more and more people are saved. Especially to improve the procedures, rules and performance of officers to do more optimal fire prevention and rescue so that they run according to community expectations and regulation from government.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"58 23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122143790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Optimizing the Role of Correctional Institution in Resolving Cases Through Diversion at the Class I Correctional Institution of Tangerang","authors":"Khusnus Sa'bani, Eva Achjani Zulfa","doi":"10.35335/legal.v12i1.722","DOIUrl":"https://doi.org/10.35335/legal.v12i1.722","url":null,"abstract":"The implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System depends heavily on the effective functioning of Correctional Institutions (BAPAS) in carrying out their duties as correctional technical implementing units. In the judicial process, BAPAS plays a crucial role in conducting research, providing guidance, supervision, and assistance to criminal children. However, the failure of BAPAS to fulfill its responsibilities could result in the failure to achieve the objectives of the law. This study aims to address the role of BAPAS in optimizing diversion efforts for the settlement of cases involving children facing the law, with a focus on the Class I Correctional Institution of Tangerang from 2019-2021. Specifically, the study investigates the extent to which BAPAS is successful in implementing diversion as a means of addressing cases involving juvenile offenders, and identifies the challenges that BAPAS faces in effectively carrying out its diversion duties. This study utilizes socio-legal research, specifically descriptive analytical research, to thoroughly describe and categorize the object of the subject matter. Primary and secondary legal materials, as well as qualitative analysis, are used to gather and analyze data. The study draws inductive conclusions from the data obtained to provide clarity in problem-solving. The findings of the study reveal that the role of BAPAS is significant in the success of diversion efforts to solve cases involving juvenile offenders. However, the study also identifies several challenges that hinder the effective implementation of diversion in the Class I Correctional Institution of Tangerang, as evidenced by the low number of cases that were effectively addressed through diversion compared to the total number of cases handled","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126538836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}