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All Journal Literasi Hukum Legal Spirit Jurnal Ilmiah Wahana Pendidikan KARYA: Jurnal Pengabdian Kepada Masyarakat Perspektif Hukum Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Inspirasi: Jurnal Pengabdian Masyarakat
Yudhantaka, Lintang
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Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Legal Spirit

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Hak Cipta Atas Program Komputer Berdasarkan Hubungan Kerja Madani, Shailawa Ramb; Yudhantaka, Lintang
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5474

Abstract

Computer programs, as one of the creations protected through intellectual property rights, are generally created by the initiative of the creator, orders, or based on employment relationships. Creations formed based on employment relationships often lead to disputes over ownership rights. This is related to the party that initiates the idea, the party involved in the creation process, and the supervision and evaluation of the creation. This research uses a normative juridical research method, which examines an issue through literature review with descriptive analytical data analysis methods. The research results indicate that creations designed through an employment relationship require legal certainty regarding the limitations of the employment relationship referred to in the Copyright Law.
Akta Autentik Dijadikan Objek Gugatan? Tampubolon, Alfrida Septebrina; Yudhantaka, Lintang
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5504

Abstract

Act against law is an action carried out that is not in accordance with prevailing legal provisions, and the consequence of such action is harm to others, allowing the injured party to seek accountability from the perpetrator, as stipulated in Article 1365 of the Civil Code. One common act against law found today is related to authentic deeds. An authentic deed is a deed created in the presence of an authorized official, in accordance with the prescribed form in legislation, as stated in Article 1868 of the Civil Code. The authorized officials include Notaries and Land Deed Officials. Authentic deeds themselves have perfect evidentiary strength. However, in practice, actions contrary to the creation of the deed often occur, ranging from procedural defects to negligence by Notaries/Land Deed Officials and others. This study specifically discusses authentic deeds that are contested as act against laws, as seen in Supreme Court Decision Number: 193/PK/Pdt/2020
Pemanfaatan Barang Milik Daerah Dalam Bentuk Perjanjian Bangun Guna Serah Gedung HI Tech Mall Khoiruddin, Amir; Yudhantaka, Lintang
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5505

Abstract

The implementation of the utilization of State or Regional Property can be carried out through the Build, Operate, and Transfer Agreement with the hope that it can continue to strive to carry out regional development by collaborating with the private sector. Cooperation between the Surabaya City Government and private parties is certainly based on an agreement that binds both parties. This study aims to determine the realization of legal certainty over the use of Regional Property in the form of legal protection for third parties (HI Tech Mall Merchants). This research uses analytical descriptive methods and uses a qualitative approach. The results showed that the agreement implemented by the parties has guaranteed legal certainty and is binding on each other based on the suitability of the elements that must be contained in a text of agreement in civil law and the existence of preventive and repressive legal protection for traders who still occupy shop booths in the HI Tech Mall Building until now.
Kredit Macet Pada LPBBTI Sebagai Wujud Perlindungan Hukum Kusumo, Suryo; Yudhantaka, Lintang
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5648

Abstract

The development of technology that penetrates the world of economics has a significant impact on the financial sector in Indonesia. With the presence of Financial Technology financial institutions with the P2P Lending system, it is considered to be able to help the community's economy. However, on the other hand, it has a dark impact on the community so that it is prone to being tied to problems related to needs and the economy such as bad credit where someone experiences arrears in credit payments. Of course, this results in losses for the related financial institutions. This study aims to determine the legal position of the organizers of Information Technology-Based Joint Funding Services (LPBBTI) who experience bad credit and to understand the form of legal protection for the organizers of Information Technology-Based Joint Funding Services (LPBBTI) who experience bad credit. This study uses a normative legal research method. Data collection was carried out by means of literature and document studies. Data analysis was carried out using analytical descriptive methods and using a qualitative approach. The results of the study indicate that bad credit that can have legal consequences must be accepted by the recipient of funds because in this case it is very detrimental to the LPBBTI financial institution so that there needs to be an effort to protect the Organizer or Funder to avoid bankruptcy and revocation of the License by the Financial Services Authority.
Sengketa Wanprestasi Perjanjian Perusahaan Patungan Dengan Pihak Investor Asing Berdasarkan Pilihan Hukum dan Pilihan Forum Sihombing, Sony Putri Lestari; Yudhantaka, Lintang
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5675

Abstract

One form of investment cooperation carried out in Indonesia to help improve the Indonesian economy is Joint Venture cooperation. A joint venture is a business carried out jointly between foreign investors (PMA) and domestic investors (PMDN) based on an agreement or known as a joint venture agreement which is the basis for forming a new legal entity. The thesis with the title Legal Protection of Investors for Disputes of Default on Joint Venture Agreements Based on Law Number 25 of 2007 concerning Capital Investment is normative research where the background to the problem when in practice joint venture cooperation does not always comply with what is stated in the Joint Venture agreement. Things like this are what give rise to joint venture cooperation disputes between investment parties. This research uses normative law (normative law research) which can be concluded as the act of studying various kinds of formal legal rules such as laws and the type of approach in this research uses a statutory approach (statue approach). The results of this research indicate that incoming foreign investors must establish a limited liability company in the form of a joint venture collaboration based on the Investment Law, this is to provide legal certainty for the parties. The existence of these legal regulations ensures that capital investment, which is the scope of the implementation of the national economy, can be positioned as an effort to increase economic growth. During the period of cooperation, it is possible that disputes will arise between the parties. It is hoped that the investment parties will be able to choose and take into account what legal remedies are best for resolving the disputes that occur. Every party involved in drafting the substantive contents of the agreement must be careful considering that the joint venture agreement will be the basis and guideline for the parties to carry out the operations of the Joint Venture company.
Co-Authors Adiwibowo, Shafira Medica Aulya Almasyah, Adam Wahyu Bimasena, Mohammad Genta Donauli, Edison Hastabrata, Madha Wijaya Khoiruddin, Amir Kusumo, Suryo Madani, Shailawa Ramb Nainggolan, Samuel Dharma Putra Natasya, Lyra Fitri Negara, Dharma Setiawan Pratama S, Alfunzo Firhan Arpyo Putri, Naomi Veby Ilhami Putri, Naurah Tania Sihombing, Sony Putri Lestari Silaban, Andre S.F. Tampubolon, Alfrida Septebrina Tohaji, Jihan Tasya Edenia Vernanda, Sascha Zahra Zayyan, Dhaifina