LEGAL BRIEF
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.
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549 Documents
<![CDATA[Juridical Analysis of the Binding of Inherited Land that has not been Divided as the Object of Debt Collateral (Case Study of the Decision of the Supreme Court of the Republic of Indonesia Number 2189 K / PDT / 2017) ]]>
<![CDATA[Rika Devi Yanti Nasution]]>;
<![CDATA[Yamin Lubis]]>;
<![CDATA[Mustamam Mustamam]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[DOI: https://doi.org/10.35335/Legal.Vol9i2 The parties in the loan or credit agreement, bind the inherited land that has not been divided as a debt collateral object, namely by guaranteeing inherited land that has not been distributed to the heirs. The formulation of the problem in this thesis is how the position of inherited land which is used as collateral originating from the sale and purchase of land from an heir, how the legal consequences of the sale and purchase of inheritance land are used as collateral in the loan receivables agreement, how is the judge's judgment in deciding the Supreme Court Decision Number 2189 K / Pdt / 2017 if seen from the guarantee law. The research method used is descriptive analysis that leads to normative juridical research that is research conducted by referring to legal norms that is examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the position of inherited land that is used as collateral originating from the sale and purchase of land from an heir is that there must be an agreement of the heirs to avoid the seizure of inheritance between heirs, who appear with the desire to own most or all of the inherited assets that are inherited. Abandoned, registration of transfer of mortgage rights is carried out by recording it in the land book and certificate of related mortgage rights and in the land book and certificate of rights encumbered based on a letter of evidence of the transfer of receivables guaranteed due to inheritance. The transfer of land rights due to inheritance is not one of the causes of the abolition of the Underwriting Right, therefore the Underwriting Right will not be abolished by the transfer of land rights that it encumbered. Judge's consideration in deciding the Republic of Indonesia's Supreme Court Decision Number 2189 K / Pdt / 2017 if seen from the guarantee law is land that has been the object of collateral for a credit loan legally. The guarantee cannot be transferred or sold or carried out a legal action on the object of the guarantee without the permission of other heirs as well as creditors namely the North Sumatra Bank as the party entitled to the guarantee.]]>
<![CDATA[Legal Protection of Ownership Certificate Holders of Land which is used as Collateral for Debt (Decision Study Number 293/Pdt /2018/PT.Mdn) ]]>
<![CDATA[Abrari Bahar Manik]]>;
<![CDATA[Yamin Lubis]]>;
<![CDATA[Mustamam Mustamam]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Legal protection for Underwriters who depend on promises contained in the Deed of Granting Mortgage. The formulation of the problem in this thesis is how the legal protection of certificate holders on land bound with mortgage rights, how to conduct roya for dependents who are bound with mortgage rights, how is the legal considerations of judges on Decision Number 293 / Pdt / 2018 / PT.Mdn against holders certificate. The research method used is descriptive analysis that leads to normative juridical research that is research conducted by referring to legal norms that is examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the procedure for conducting roya on dependents bound to the mortgage is based on the Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency No. 3 of 1997 as the implementation of PP No. 24 of 1997 concerning Land Registration, where roya can be carried out without prior agreement (APHT) and is not required to have the same size area between the lands that have been divided into several parts, even though the land has been bound by guarantee of Mortgage Rights and has been registered at the Land Office. Implementation of roya can be carried out on the repayment of debts guaranteed by the portion of land that has been broken up that is bound by guarantees of Mortgage. Judge's legal considerations regarding Decision Number 293 / Pdt / 2018 / PT.Mdn to the certificate holder is a certificate of power of attorney Number 29 dated June 13, 2015 made by Defendant-IV which is used as the basis for obtaining and or hanging rights from him which is used as long as The land along with the plaintiff's permanent home building are not enforceable with all its legal consequences so that all legal actions and documents that are born from acts against the Defendant-I to Defendant-V as well as other parties on the object of the land along with building the case house are conducted without the plaintiff's permission, is illegal.]]>
<![CDATA[Obstacles In The Process Behind The Legal Certificate Of Land Through The Binding Agreement Of Buying ]]>
<![CDATA[Danita Adriani]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Assignment requirements sets in Article 37 paragraph 1 of Government Regulation No. 24 of 1997 on concerning land registration. From the practice oh the transfer of land rights, people don’t always make the payment in cash but also usually done in installments. To protects the buyer has paid the installments due under the name can't be done then the parties often bridged with make an accessoir agreement like purchase agreement , deed District Land Office of Tulungagung. At the District Land Office of Tulungagung found many local people are experiencing a lot of obstacles in process to change of name in the certificate of land rights with an accessoir agreement like purchase agreement neither made before a notary or under hanf.]]>
<![CDATA[Juridical Review of the Balance of Position of the Parties in the Micro Business Credit Agreement ]]>
<![CDATA[Dhenandra Mahardika Sukmana]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Loans granted by banks need to be secured, without the presence of bank safeguards it is difficult to evade from arising as a result of debtor underachievement. Therefore banks bind debtors in micro business credit agreements based on the legal relationship between banks and credit. This research is to find out how micro business credit agreements have a balanced position for the parties. The method uses normative juridical research and the method used uses licensing (statute-approach) and analytical (analytic approach). The results obtained from this study are expected to provide a clear description and detailed, systematic and thorough legal review of the equilibrium position of the parties to the micro credit agreement.]]>
<![CDATA[Legal Remedy Against Regress Rights for Endosans Who Make Non-Payment / Non-Acceptance Judging from the Use of Securities in KUHD ]]>
<![CDATA[Syananda AL Rizky]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Basically the provisions regarding the right of regressions are regulated in the Commerial law code. Regres right means the right to collect. Within the legal framework of money orders, Regres rights is right to collect from the debtor must regres because debtor interested in not being willing to accept or not pay the money order requested on the day of payment. This regression right is given to the notes holder because the money order has been rejected by the interested ( non-acceptability) or interested recipient of the money order payment on the day of payment(non payment). If a non-acceptance occurs,the holder has a regress right to the debtor must regres. As for the debtor meant in the right of regres are all people who have the obligation to guarantee payment of the relevant notes. The debtor must regress cn be a publisher or endosan or avalist. The regresion itself can be exercised if there is no acceptance (non-acceptability) and no payment (non payment). In the case of non-payment after acceptance, regress can be directly addressed to acceptor itself. The acceptor is bound to pay the note because he has put his signature on the note when accepting the note. As such it is a mandatory regres that must meet payment.]]>
<![CDATA[The Function of the Power of Attorney Imposes Mortgage Rights in Terms of the provisions of Article 15 of Law Number 4 of 1996 ]]>
<![CDATA[Mira Novana Ardani]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[The granting of credit guarantees should be done directly by the grantor of the mortgage, for something because it can not be present itself, it must appoint the other party as its proxy, with SKMHT in the form of an authentic deed. This research uses empirical / sociological juridical approach. To carry out the SKMHT function, actually any credit agreement is not always made SKMHT. There are legal consequences if after making SKMHT not followed by making APHT]]>
<![CDATA[Joint Venture ]]>
<![CDATA[Mujuranto Sihotang]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Investment becomes an arena for an entrepreneur who has capital and has an entrepreneurial spirit. With a passion for profit, investors do everything they can to obtain abundant profits. One way to develop the company is through collaboration with several parties or companies to run a joint business within a certain period, namely by building a new company or commonly called a Joint Venture. The purpose of this research is to find out a juridical study about the information on joint ventures, and to find examples of cases against illegal actions (PMH) in joint ventures and solutions. Arrangements regarding joint ventures themselves are specifically listed in Law No. 1 of 1967 concerning Foreign Investment (PMA). To find out juridical studies of joint ventures and resolve cases of legal battles against joint ventures with this type of research is a type of normative research. In a joint venture contract governed the distribution of national and foreign shares (capital). Foreign parties can have a maximum capital of 95% and a minimum of 5% domestic capital. From this cooperation will form a new legal entity, which is a combination of foreign legal entities and domestic legal entities. Legal protection against shareholders has been outlined in Law No. 1 of 1967 concerning foreign investment. However, this protection is less clear because it does not clearly provide legal protection for minority majority shareholders or shareholders who have a balanced ownership.]]>
<![CDATA[Police Efforts in Combating Trafficking in Persons with the Exploitation Mode of the Area and Disabled People to Become Beggars ]]>
<![CDATA[Febriana Citra]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Crime of trafficking in persons is carried out using various modes, one of which is to exploit the elderly and disabled people to become beggars. The police follow up on the crime to carry out criminal acts in accordance with the duties, functions and authority of the police as law enforcement officers. The problems of this study are: (1) What is the police's effort in dealing with the crime of trafficking in persons with the exploitation mode of the elderly and disabled people to become beggars? (2) What are the inhibiting factors in the police's efforts in dealing with the crime of trafficking in persons with the exploitation of the elderly and disabled people to become beggars? The problem approach in this study uses a normative and empirical juridical approach. The research data consisted of primary data and secondary data. Research resource persons included Lampung Regional Police Investigators, Bandar Lampung City Social Service Officers and Unila Law Faculty Criminal Law Lecturers. Data collection is done by literature study and field studies. Data is analyzed qualitatively. The results of the study and discussion show: (1) Police efforts in the handling of criminal acts of trafficking in persons with exploitation of the elderly and disabled people to be used as beggars by the Lampung Regional Police through pre-emptive, preventive and repressive efforts. Pre- emtive efforts are carried out with socialization activities in collaboration with the Social Service and relevant government institutions. Preventive efforts are carried out by patrolling and monitoring the activities of the elderly and people with disabilities. Repressive efforts are carried out by investigation and investigation. (2) The inhibiting factors of police efforts in dealing with criminal acts of trafficking in persons with the exploitation mode of the elderly and disabled people to become beggars are factors of law enforcers, namely quantitatively the number of investigators is still limited and the quality of human resources is still not optimal tactics and investigation technique. The community factor is that the community does not report if they are aware of the crime of trafficking in persons with exploitation mode of the elderly and disabled people to be used as beggars. Cultural factors, namely people assume that begging is not a crime or acrime.]]>
<![CDATA[Criminological Analysis of the Crimes of Fraud and Embezzlement with Perpetrators Using False Identities Through Social Media ]]>
<![CDATA[Arif Munandar]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Crime of fraud and embezzlement with perpetrators using fake identities in the police station Salatiga from 2016-2018 there were 413 cases. Based on this, the author makes a thesis entitled Criminological Analysis of Fraud and Darkness Crime with Actors Using False Identities through Social Media. The problem sinthi sstudyare: (1) What are the factors that cause fraud and embezzlement with perpetrators using fake identities through social media? (2) How are efforts to overcome fraud and embezzlement crimes against perpetrators using false identities through social media? This study uses a normative juridical approach and an empirical juridical approach. The results of the study and discussion show: the causes of fraud and embezzlement with the perpetrators of using false identities through social media include internal factors namely educational and trial factors and external factors namely economic factors, environmental factors, global development factors and law enforcement factors. Mitigation can be done with a pre-emptive effort, namely by providing employment. Preventive countermeasures or actions taken to prevent fraud and embezzlement by holding legal counseling, prevention, approaches, friends programs, social media and door to door systems. Repressive efforts are by imposing a punitive sentence against the perpetrators of fraud and embezzlement in accordance with Article 378 and Article 372 of the Criminal Code, namely a maximum of 4 years in prison. Suggestions in this study are: (1) The community is advised to increase alertness to anyone by not easily believing in all kinds of persuasion or forms of cooperation invitation or whatever. (2) The police are advised to be more active in educating the public.]]>
<![CDATA[Analysis of the Application of Criminal Sanctions against Companies Paying Labor Wages Below the Regency / City Minimum Wage ]]>
<![CDATA[Dirhamfathurusi Dirhamfathurusi]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Wages are the rights of workers or employees received and expressed in the form of money as compensation from employers or employers to workers who are determined and paid according to a work agreement, agreement or legislation, criminal sanctions against companies (entrepreneurs) who make wages workers below the minimum wage can be seen from the number of violations of workers 'rights, especially the practice of paying workers' wages below the provincial minimum wage standard, the existence of criminal sanctions did not reduce the criminal acts not repeated, for example in Lampung province. The problem in this thesis is how to enforce criminal sanctions against companies that pay labor wages below the Regency / City minimum wage and what factors hinder enforcement of criminal sanctions against companies that pay labor wages below the Regency / City minimum wage. The approach of the problem in this paper is a normative juridical and empirical juridical approach. The sources and types of data used are primary data and secondary data. Determination of sources is done by interviewing respondents. The method of data collection is done by literature study and field studies. Based on the results of the research and discussion on the results of the study, it was concluded that the company violated the Regency / City Minimum Wage provisions, so the worker could take a criminal effort, namely reporting to the labor inspectors at the Manpower Office. The inhibiting factor is the existence of lameness from the substance of Law No. 13 of 2003 concerning Manpower. The number of labor inspectors in Lampung Province is not comparable to the number of companies supervised. The community, especially workers / laborers, do not know about the existence of criminal facilities. Lack of public awareness of the importance of law enforcement in the field of employment. The suggestion in this study is that labor inspectors should increase socialization to companies regarding minimum wage provisions. Workers /laborers are expected to be able to report to labor inspectors if the rights as workers get wages below the minimum.]]>
