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M. Ramadhana Alfaris
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Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang
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INDONESIA
Legal Spirit
Published by UNIVERSITAS WIDYAGAMA MALANG
ISSN : 19782608     EISSN : 26219115     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Legal Spirit journal is managed by the Postgraduate Masters of Law, Universitas Widya Gama Malang. Legal Spirit Journal can be used as a reference in an effort to achieve the ideals of the rule of law that everyone dreams of in accordance with Pancasila and the 1945 Constitution. LEGAL SPIRIT published two times annually, on June and December. Each of the issue has more than five articles both on review and research article use English and Indonesian language. The scope of the articles published in this journal deal with a broad range of topics, including: Administrative Law; Civil Law; Criminal Law; Constitutional Law; Economic and Business Law; Environmental Law; International Law; Law and Society; Human Rights
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 1, No 1 (2017): Legal Spirit" : 7 Documents clear
SALING SATINGI SEBAGAI MODEL RESOLUSI KONFLIK (STUDI KONFLIK PENGUASAAN LAHAN ANTARA PETANI DENGAN PETERNAK DI KABUPATEN SUMBAWA) Lahmuddin Zuhri
Legal Spirit Vol 1, No 1 (2017): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v1i1.578

Abstract

People in the archipelago view togetherness and harmony is a fundamental thing that sustains the existence of the community, both in the perspective of religiosity (ketauhidan), culture and economy. Society in the archipelago sees harmony is a grace as well as a mandate that must be maintained and kept. The role of local values in conflict resolutions can be modeled in many cases. An Anthropological approach is interesting to use, because Indonesians are culturally diverse, which can provide empirical explanations in social and community structures. The future of conflict resolutions can refer to the value of local community’s wisdom. With the principle of deliberation aims to involve or invite all parties to participate in community life, so that loyalty and adherence of the people to what is all agreed would be also maintained together, because the agreement is the fruit of thoughts and opinions in the nuances of kinship and “saling satingi” (mutual respect). “Saling satingi” is the noble value of society in Sumbawa can be used as a model, and the local wisdom in the archipelago can be utilized for resolving conficts in ethnic groups, religions, and races in maintaining unity, peace and community brotherhood. Key Words: Saling satingi, Conflict, Confidentiality
PERLINDUNGAN HUKUM BAGI ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PERADILAN PIDANA DI INDONESIA (SUATU TINJAUAN NORMATIF) Jeanne Darc N Manik; Fauzi Amriuddin
Legal Spirit Vol 1, No 1 (2017): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v1i1.579

Abstract

Special protection for children in conflict with the law covers children in conflict with the law; and children becoming the victims of crimes, are the duty and responsibility of the government and the community. The components of the criminal justice system is a subsystem of criminal justice, the police agencies, prosecutors, courts and prisons, and even can be added here is the legal counsel and public institutions. Legal protection for children in conflict with the law includes the treatment of children as human beings with their dignity and rights, the provision of companions special for children early, the provision of special facilities, the application of sanctions appropriate to the best interests of the children, monitoring and recording continuously on the development of children in conflict with the law, the provision of guarantees to maintain relationships with their parents or family and the protection of identity through the news media and to avoid labeling. Key Words: Protection, Child, Law, Criminal Justice System
PENEGAKAN KODE ETIK WORLD HEALTH ORGANIZATION (WHO) DALAM PROMOSI DAN PENJUALAN SUSU FORMULA OLEH ASOSIASI PERUSAHAAN PRODUK BERNUTRISI UNTUK IBU DAN ANAK (APPNIA) TERKAIT PROGRAM PEMBERIAN AIR SUSU IBU (ASI) EKSKLUSIF (STUDI DI PT SARI HUSADA MALANG DAN DI SUPERMARKET KOTA MALANG) Feby Kusumawardhani; Fatkhurohman Fatkhurohman; Sirajuddin Sirajuddin
Legal Spirit Vol 1, No 1 (2017): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v1i1.580

Abstract

Breast milk is the best nutrition for infants. Exclusive breastfeeding may help reduce the risk of death in infants. In fact, many people are not aware of the benefits of breastfeeding.This is compounded by the incessant promotion of infant formula is as if the function can replace breast milk. To prevent excessive promotion of infant formula, WHO made WHO Code which forbade the activity of promotion of infant formula in order to ensure the fulfillment of breast milk for babies and supervise the use of breast milk substitute products. WHO Ethical Code was adopted in some regulations in Indonesia which is equipped with a reporting mechanism for those who violate them and the imposition of sanctions for such violations. WHO Ethical Code violations most often done by infant formula companies. In addition it can be reported through government channels, WHO Code violations committed by the infant formula companies also can be handled directly by APPNIA which is an association that is followed by all infant formula companies in Indonesia serving to enforce the rules of WHO Ethical Code. Key words: Code of ethics, Law enforcement, Exclusive breastfeeding program
SISTEM PERWAKILAN MENURUT UUD 1945 DAN SISTEM PERWAKILAN YANG IDEAL PADA PERUBAHAN UUD BERIKUTNYA Anwar Cengkeng
Legal Spirit Vol 1, No 1 (2017): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v1i1.577

Abstract

The formulation of the 1945 Constitution (original text) elects the MPR as a representative system consisting of members of the House of Representatives coupled with regional representatives and group representatives. In the third amendment of the 1945 Constitution, the representative system agreed upon by MPR members is a representative MPR system consisting of members of the DPR and DPD members. The system of representation in the amendment of the 1945 Constitution places the DPR and DPD in the same position, but different in its authority, the DPR has full authority as a legislative body, while the DPD which is the regional representative is only complementary. For the amendment of the 1945 Constitution, it is necessary to rearrange the MPR, but to function only as a meeting place between DPR and DPD, the authority of DPD should not be equal to the authority of DPR, but the limited authority must be fully owned, as in the case of full authority to determine Certain laws with the President and the House of Representatives. Keywords: Representative system, MPR, DPR, and DPD
KEBIJAKAN PEMBERIAN NIK DALAM KTP TERHADAP STATUS KEPENDUDUKAN DAN KEWARGANEGARAAN Sutiyani Sutiyani
Legal Spirit Vol 1, No 1 (2017): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v1i1.581

Abstract

On the basis of the the provisions of law, ID Number , and IDs of Indonesian population and all personal information or data collected shall be maintained by the organizing authority. The personal data protection will be used to secure the citizens’ rights against any misuse of personal data of the population including Family Head, Pasword, date / month / year of birth, informationon physical/ mental records, personal data and other important information thatshould to be protected. Population data generated by the information system and stored in the population database can be utilized for various purposes, such as materials analysis and formulating development planning, knowledge assessment, implementation of data on voters in elections. Keywords: ID Card, ID Number, Population and Citizenship Status.
REKONSTRUKSI KEBIJAKAN PENGELOLAAN KAWASAN TENGGER BERBASIS NILAI-NILAI KOMUNAL EKOLOGIS Purnawan Dwikora Negara
Legal Spirit Vol 1, No 1 (2017): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v1i1.575

Abstract

The purpose of this study is to uncover and describe the policy of protecting the existence of Indigenous and Tribal Peoples and find the ideal development policy in Tengger region management reflected through Tengger’s Indigenous and Tribal Peoples. The findings show that: 1) the policy has provided protection for the existence of Indigenous and Tribal Peoples, including the Tenggerese people, as well as the philosophy of Pancasila, the 1945 Constitution, the MPR Decree, international arrangements, and national legislation. 2) In fact, although there are policies that ensure respect and protection, Indigenous Peoples are not fully protected, if this is reflected from the Tenggerese society, the main thing that keeps its existence unprotected is the conditional recognition in the constitution, sectoral laws and also the contribution to good conditional recognition, there is also a gap between the value of the policy and Tengger society in Tengger cultural space with different interests; 3) The alternative constructs that can be given to reduce the problem are: a) Carrying out the policy of the Principle of Recognition of Unconditional Meaning in the Constitution; b) Policy which is Based on Tengger Local Wisdom c) Policy prioritizing Principles of Participation d) Policies to strengthen community autonomy; e) Policy for the Establishment of National Commission on Indigenous and Tribal Peoples. Keywords: Policy Reconstruction, Tengger, Ecological Communal
PROGRESIFITAS MAHKAMAH KONSTITUSI BAGI PERLINDUNGAN HUKUM TERHADAP PETANI GUREM (ANALISIS PUTUSAN MK RI NOMOR 99/PUU-X/2012) Winardi Winardi
Legal Spirit Vol 1, No 1 (2017): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v1i1.576

Abstract

The Constitutional Court made a progressive legal breakthrough by asserting the rights of smallholders through the verdict on the testing of Plant Cultivation System Law. The Court stated that small farmers are exempt from licensing in making plant breeding and producing seeds. Criminalization of small farmers should be avoided. In view of this decision, a legislation is required on legal protection of farmers capable of ensuring (a) the right of peasants to the main resources, capital and production factors; (b) the right to technology in the form of seeds, fertilizers and plant protection; (c) the right to post-harvest handling and agricultural products processing and; (d) rights to the distribution and marketing of agricultural products. Keywords: Farmers and Legal Protection

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