Legal Spirit
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
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<![CDATA[PENGUATAN KEWENANGAN LEMBAGA BADAN PENGAWAS PEMILU DALAM PENEGAKAN HUKUM PEMILU ]]>
<![CDATA[Angelo Emanuel Flavio Seac]]>
<![CDATA[ Legal Spirit Vol 1, No 2 (2017): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v1i2.589
<![CDATA[This study is based on the high administrative and criminal violations in the elections in Indonesia, so an assessment is needed to strengthen the authority of Bawaslu in the implementation of elections, in order to improve the quality of elections, and create good electoral law enforcement practices in Indonesia. To study this matter, hence in this research a normative juridical research, using approach statute approach, historical, conseptual, case, and comparative approaches was employed. Then the collected legal materials were descriptively and qualitatively analyzed. The strengthening of this delicate authority is accomplished by accompanying improvement in some other vital aspects such as the regulatory improvements on the institutional and electoral arrangements that give Bawaslu a more assertiveness space that is more ideal in the electoral law enforcement. Keywords: Bawaslu, Strengthening Authority, Law Enforcement, Election]]>
<![CDATA[EKSISTENSI PENGADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA ]]>
<![CDATA[Amelia Ayu Paramitha]]>
<![CDATA[ Legal Spirit Vol 1, No 2 (2017): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v1i2.584
<![CDATA[That tax is a transfer from the private sector to the government sector with no direct repayment, so more than 70% of the State’s revenues are derived from tax collection. With a self-assessment system in which the taxpayer is given trust to calculate his own tax amount, some gaps occurs in terms of the amount of tax payable and this causes some disputes dealing with the amount of taxes paid either by fiscus (tax collector) with that of the taxpayer. Therefore, disputes arise bout the amount of outstanding taxes that outstanding. To settle the tax disputes a separate judicial body that will resolve the settlement of the tax dispute is required. The existence of the Tax Court occupies a special place in the structure of the judicial organization, although initially the presence of the tax court becomes a matter of whether the tax court can be classified as a judicial institution, considering that in the tax law court, the Law No.14 of 2002 on Tax Court does not contain and explain clearly the position of the tax court. However, the status of the Court of Taxation is special under the administrative court of the State as affirmed in Article 9 A of Law Number 51 Year 2009 on State Administrative Court. So it is quite clear that the tax court is one part of the judicial system in Indonesia. Keywords: Existence, Tax Court, Judicature.]]>
<![CDATA[HARMONISASI HUKUM PENGATURAN DESA OLEH KEMENTERIAN DALAM NEGERI DAN KEMENTERIAN DESA, PEMBANGUNAN DAERAH TERTINGGAL, DAN TRANSMIGRASI PASCA BERLAKUNYA UNDANG UNDANG NO. 6 TAHUN 2014 TENTANG DESA ]]>
<![CDATA[Rooza Meilia Anggraini]]>
<![CDATA[ Legal Spirit Vol 1, No 2 (2017): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v1i2.590
<![CDATA[After the Presidential Decree No. 165 year of 2014 on the Tasks Arrangement and Functions of the Working Cabinet was issued, there is a trade-off in the authority of the rural areas management between the Ministry of Domestic Affairs and the Ministry of Village, Underdeveloped Regions, and Transmigration. There was disharmony between the the Minister of Domestic Affairs and of Village, Underdeveloped Regions and Transmigration in terms of the governance arrangement of the authority of the village government and of any financial collection and the arrangement of the village fund. There have been four Legal efforts made to harmonize the two ministries: horizontal harmony, joint decision letters, repeal or cancelation by the related institutions or the institutions above them and executive or judicative reviews. Executive review is the testing rights adherent to the executive institution to test any legislation and to cancel it if it seems to be in contradiction with the higher legislation of with public interest. Judicative review is the testing of a legislation under the law by the Supreme Court. Keyword : Harmonization, Ministry of Domestic Affairs, Ministry of Village, Underdeveloped Regions, and Transmigration]]>
<![CDATA[KAJIAN YURIDIS PELIMPAHAN KEWENANGAN MONOPOLI NEGARA DALAM PENYELENGGARAAN JAMINAN SOSIAL ]]>
<![CDATA[Dewi Cahyandari]]>
<![CDATA[ Legal Spirit Vol 1, No 2 (2017): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v1i2.585
<![CDATA[Social security is one of the constitutional rights of citizens, in accordance with article 28 H (3) of the 1945 Constitution of the Republic of Indonesia. The State of Indonesia has changed the social security model several times, ranging from Health Insurance (ASKES) to the latest, namely BPJS. The implementation of BPJS has not been able to solve the problems that arise. The state has a full authority to monopolize the social security with all sanctions that can be imposed if it is not incorporated therein. The question arises as to the idea of delegation of monopoly authority in the provision of social security from before BPJS to BPJS. The rationale is Article 33 verse (2) of the 1945 Constitution and Article 51 of Law Number 5 in the Year of 1999. Keywords: BPJS, Monopoly Authority, Social Security.]]>
<![CDATA[EFEKTIFITAS FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) DALAM PENANGGULANGAN KORUPSI YANG DILAKUKAN OLEH APARATUR SIPIL NEGARA (ASN) (STUDI di DPRD KOTA MALANG) ]]>
<![CDATA[Waode Daen Siti Nurcahya Ningsi]]>
<![CDATA[ Legal Spirit Vol 1, No 2 (2017): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v1i2.591
<![CDATA[Decentralization policy is aimed at realizing regional independence. Autonomous regional governments have the power to organize and manage the interests of local communities according to their own initiative based on the aspirations of the people. To implement autonomy, regional legislation should not conflict with the legal principles of a unitary state and society. Therefore, it is necessary that the DPRD to supervise it as a function of its supervision. The incidents of various corruption cases that one of the perpetrators is the State Apparatus indicate the absence of effective oversight of the DPRD in the handling of corruption committed by the State Civilian Apparatus. This is due to weak supervision from both the institution and the DPRD itself, so that the effectiveness of the DPRD oversight function in the handling of corruption conducted by the State Civil Apparatus is still weak or ineffective. Keywords: Decentralization and Regional Autonomy, Supervision, Supervision Function of District / City DPRD, Corruption]]>
<![CDATA[POLITIK HUKUM BELA NEGARA DALAM PERSPEKTIF PERTAHANAN NEGARA ]]>
<![CDATA[Muhammad Nakir]]>
<![CDATA[ Legal Spirit Vol 1, No 2 (2017): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v1i2.586
<![CDATA[Awareness of state defenses has been mandated in Article 27 verse (3) of the 1945 Constitution of the Republic of Indonesia. Ideally, defending the state as part of the state defense becomes a decisive factor in ensuring the survival of the nation and the state. The state will not be able to maintain its existence without the citizens’ support. But in reality, these fundamental interests are not always facilitated by the regulation of legal products, since the law can not be separated from the political influence. The political configuration of each era from the Old Order Era to the Reform Era shows the tug of government’s commitment to legislation on state defense. Keywords: Political Law, State Defense, State Defense.]]>
<![CDATA[TANGGUNG JAWAB PERDATA NOTARIS ATAS AKTA ANTIDATIR ]]>
<![CDATA[Rumi Suwardiyati]]>
<![CDATA[ Legal Spirit Vol 1, No 2 (2017): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v1i2.587
<![CDATA[Notary as a public official whose obligation is to make an authentic deed. The deed has a very important role in helping to create legal certainty for the community. The deed also serves as the most perfect evidence. With authentic deeds, the rights and obligations of the parties can be clearly defined so that this is where the legal certainty exists for the community. In making a legal product that is in the form of deed, Notary must be oriented towards Law Number 2 Year 2014 about Notary Position. However, there is also the possibility of any negligence made by a Notary in the making of his act which causes the deed to be doubtful of his authenticity because it does not guarantee the certainty of the date in the making. In this case, the Notary shall be personally liable for the deed of antidathy which is made in the form of compensation in accordance with the loss incurred by the parties or in accordance with the agreement between the parties and the Notary concerned. Such damages can be in the form of money or other matters set by the court. This is because the Notary deliberately makes the deed of antidatir even if the deed is desired or agreed by the parties and the action fulfills the element of the law in the form of negligence caused by the element of error as mentioned in Article 1336 of the Civil Code. Keywords: Notary Public, Civil Liability, Deed of Antidatir.]]>
<![CDATA[ANALISIS YURIDIS KETENTUAN PERTANGGUNGJAWABAN PIDANA BAGI PELAKU PROSTITUSI ONLINE DI INDONESIA ]]>
<![CDATA[Febri Dwi Yanto]]>
<![CDATA[ Legal Spirit Vol 1, No 2 (2017): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v1i2.588
<![CDATA[Straubhaar said that the rapid use of the Internet becomes the dominant force leading to the development of a growing phenomenon in the society. This is in line with the development activities of the new prostitution making use of internet media online. Factually, many cases found in the mass media about the online prostitution may cause public to unrest. Based on the research results, it was shown that a provision regulating online prostitution as a criminal offense in Indonesia is regulated in some Acts with sectoral and casuistic in nature, among others the Criminal Law, the Law No. 11 in the year of 2008 on Information and Electronic Transactions, the Law Number 44 in the Year of 2008 on Pornography, Law Number 21 in the Year of 2007 on Combating Trafficking in Persons and Law No. 35 in the year of 2014 on Child Protection. Among the five earlier Acts, ITE Act and Pornography Act are the most comprehensive laws to regulate the provision of online prostitution because it regulates electronic documents or electronic information as a medium in online prostitution. Secondly, the provisions of criminal accountability for perpetrators of online prostitution in Indonesia are based on the four subjects namely: implementing maker (plegen) consists of pimps, prostitutes and sex workers as well as the manufacturer's tenants participants (mede pleger) consisting of the owner user / server an online prostitution website. Keywords: Criminal Liability, Actors, Online Prostitution]]>
<![CDATA[BEBERAPA CATATAN KRITIS GAGASAN PERUBAHAN TERBATAS UUD 1945: MENUJU NEGARA HUKUM YANG BERMARTABAT ]]>
<![CDATA[Abdul Mukhtie Fadjar]]>
<![CDATA[ Legal Spirit Vol 1, No 2 (2017): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v1i2.583
<![CDATA[One of the agenda of the Reform in Indonesia in 1998 was Constitution Reform resulting in Amendment of Constitution of the Republic of Indonesia Year 1945 (abbreviated 1945 Constitution 1945) four times. In the present era, the idea of limited change of the 1945 Constitution is being widely discoursed to encourage the establishment of a dignified State of Law in accordance with the basic philosophy of the Pancasila state. However, learning from the experiences in the process of amending the 1945 Constitution four times gradually (1999, 2000, 2001, and 2002), realizing the idea of a Dignified Law Country does not necessarily have to go through Constitutional Amendments. Rather it can be done through the interpretation of the constitution, either by the legislature, the executive, or by the judiciary, provided that in the interpretation of the constitution, the institutions are able to capture the moral message of Pancasila and the 1945 Constitution of the Republic of Indonesia. Keywords: Limited Changes, 1945 Constitution, Dignified Law Country.]]>
