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Legal Spirit

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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 9 Documents

Search results for , issue "Vol 2, No 2 (2018): Legal Spirit" : 9 Documents clear

ANALISIS YURIDIS TERHADAP KEBERADAAN LESBIAN, GAY, BISEKSUAL DAN TRANSGENDER (LGBT) DI INDONESIA DALAM PERSPEKTIF HUKUM POSITIF Reza Dipta Prayitna
Legal Spirit Vol 2, No 2 (2018): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Lesbian, Gay, Bisexual and Transgender (LGBT) phenomena are a minority group that is asking for recognition to be legalized and wants to change the social order in which its existence uses human rights as its legal protection. But when viewed from the noble ideals of the Indonesian people, the legalization of the existence of LGBT cannot be justified. Because the human rights in force in Indonesia are particular human rights adopted from the noble ideals of this nation. Until now, LGBT actors have often corrected and campaigned for their wishes so that same-sex marriage would be legalized. As a country based on the One Godhead, the campaign and speech made by LGBT actors are unacceptable even though human rights regulate freedom of speech and opinion. The Indonesian perspective as the Pancasila Law State towards the existence of LGBT still views Pancasila as the source of all legal sources, even though the rules governing LGBT behavior are not clearly available to ensnare the perpetrators. The hope of the people in the Indonesian Government is that LGBT behavior can be ensnared by imprisonment because it is not in accordance with the principles of life of this nation. Key words: Existence, LGBT, Indonesian law, Human rights

PERLINDUNGAN HUKUM TERHADAP HAK-HAK PEKERJA/BURUH USIA PENSIUN ATAS PESANGON, PENGHARGAAN MASA KERJA, DAN PENGGANTIAN HAK DI JAWA TIMUR Akhmad Soleh
Legal Spirit Vol 2, No 2 (2018): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Up to the present, the Law on Employment has not regulated firmly and clearly the retirement age limit of workers/labors. Therefore, although the protection of the labors’ rights have been regulated in such a way in the regulation, but it has not been able to give a complete protection to the workers/labors. The results of the present research are as follows: the legal protection to the workers/labors’ rights, viewed from the Constitution, is that the state intends to provide welfare to its people, but in the context of the Law no. 13 year of 2003 no clear retirement age limit of workers/labors is clearly stated. At the levels of policies under the law such as PK, PP, or PKB, some do not regulated it further. Therefore, labor unions should play their roles to make further regulation about the matter. On the other hand, supervision over workers/labors is inadequate since it is done by the province. Due to this problem, the Law No. 13 Year of 1003 on Employment should be revised by including the determination of the retirement age limit in order to protect them. Key words: Legal protection, Workers/labors, Retirement age

The Realization of Social Justice For Underprivileged People In Legal Philosophy Naomi Jesica Hartanto; Meta Nadia; Lusi Septiyati
Legal Spirit Vol 2, No 2 (2018): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

ABSTRACT Pancasila is the ideology of Indonesia. One of the precepts of Pancasila is the principle of Social Justice for All Indonesians implies that all Indonesian people have the same position before the law. But nowdays, there have been many cases of injustice against the underprivileged people. Therefore, this research journal is the realization of social justice for the underprivileged people in the philosophy of law, especially based on the theory named Critical Legal Studies. Keywords: Injustice, underprivileged people, Crticial Legal Studies

SINKRONISASI PERATURAN PRESIDEN DENGAN PERATURAN DAERAH TENTANG IZIN USAHA MIKRO KECIL (UMK) DAN IMPLIKASINYA DI KABUPATEN GUNUNG MAS Dwi Saputra Yulianus
Legal Spirit Vol 2, No 2 (2018): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

This research resulted in the followings. First, the implementation of the Presidential Decree No. 98 year of of 2014 concerning Licensing of Micro Small Businesses with the Local Regulation of Gunung Mas regency No. 6 year of 2011 is contradictory, since the making of micro business licenses in Gunung Mas regenc is put together with the advertisement tax, and the advertisement tax is used as one of the conditions for the issuance of a micro business permit. This is what makes the Presidential Decree contradictory with the Local regulation. Second, in the field, many business people are confused with the Presidential Decree due to the lack of socialization carried out by the government, whereas the issuance of the Presidential decree is intended to increase business actors and to facilitate the process of making micro-business licenses. Key Words: Synchronization, Implementation, Licensing, Advertising Taxes

REKONSEPTUALISASI PEMBERHENTIAN PRESIDEN DAN/ATAU WAKIL PRESIDEN DALAM MASA JABATANNYA DI INDONESIA Fitria Esfandiari
Legal Spirit Vol 2, No 2 (2018): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Reconceptualization can be interpreted as redefining the idea of the dismissal of the President and/or Vice President during his tenure in Indonesia. The fundamental problem with the dismissal of the President and /or Vice-President is in two things, first, related to the reasons, second, to procedures. This paper tries to compare the dismissal of the President and /or Vice President before and after the amendment to the 1945 Constitution. The shifting of the parliamentary system to strengthening presidential systems has legal implications in the constitutional system. The research method used is a normative research method with a statute approach. The results of the study show that in term of the dismissal of the President and / or Vice President based on history in Indonesia, they are more dominated by political aspects than purely violations of law. This is contradicted by the principle of legal certainty and the principle of legality. The Constitutional Court as a state institution that examines and decides the violation of the law of a President and / or Vice President has historically been formed as a manifestation of the principles of the rule of law, namely a free and impartial judiciary. Keywords: Reconceptualization, Presidential System, Dismissal of President/Vice President

PERLINDUNGAN HUKUM TERHADAP HAK ASASI KARYAWAN UNTUK MELAKSANAKAN PERINTAH AGAMA DAN KEPERCAYAANNYA DI TEMPAT KERJA (STUDI KASUS PT. MATAHARI DEPT. STORE, TBKMALANG RAYA) Tri Neneng Lilis Rahayu
Legal Spirit Vol 2, No 2 (2018): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Human Rights is rights inherent to every human without which it is imposible for him/her to live asa human. The deed made by the entrepreneur who added rule about the prohibition of hijab for female workers can be categorized as a treatment of discrimination against workers based on on the basic of religion. In connection with this matter, articles 5 and 6 of the law number 13 years of 2003 on Employment, wearing the hijab is a form of worship that is a part of Religion Human Rights. The right to religion itself is stated in article 28E verses 1 and 2 of 1945 Constitution and reinforced in article 22 of the law No. 39 year of 1999 on Human Rights, herewith referred to the law on human rights. The purpose of this study is to determine whether or not there is a violation of human rights in the implementation of religious orders and belief in PT. Matahari Dept. Store, Tbk Malang. It is a socio-juridical research type employing a descriptive-qualitative method in the analysis. The data obtained from the field were then analyzed and described in a detailed way. Keywords: Legal Protection, Employee’s Human Rights, Labour

KONVERGENSI NILAI ADAT SEBAGAI JURAL POSTULATE DENGAN TUJUAN PIDANA DALAM RUUHUKUM PIDANA (Studi Socio-Legal Sumpah Banyu Roto di Masyrakat Hukum Tengger) Febriansyah Ramadhan; Muhammad Rizal Dwi Kuncoro
Legal Spirit Vol 2, No 2 (2018): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

The legal identify in the original version of Indonesia has been camouflaged by the hegemony of the Western legal opinion that tends to be legalistic and formalistic in nature and to have liberal spirits. At present, the legal society is stunned by the phenomenon that they should accept a modern law that as if it has been fallen from the sky. Law is the crystallization of the society‟s morality, values, and identity. Law is values that are born from the earth the people step on, therefore, it does not suddenly fall from the sky and should be accepted by all levels of society. It is high time to purify the national legal identity by placing the customary law and its layers of instruments as a value that will influence the content of the positive law. The Banyu Roto‟s pledge, as a value and customary law prevailed among the Tengger tribe, is the value and norm serving as the daily life guidance in order to maintain the balance of the Tengger society. Therefore, a national criminal reform with an orientation to maintain and restore the condition and order may be made. This present article will try to answer the 2 following questions: first, what is the meeting point/convergence between Banyu Roto‟s Pledge as a jural postulate and the aim of the Crime in the revision of the Criminal Law in the future? Second, what is the way of life (the value of the people in Tengger tribe) dealing with the basic value contained in the Banyu Roto‟s pledge used to see the criminalization of adultery outside marriage in Indonesia? A socio-legal research method was employed in this present research.

PELAKSANAAN KONSINYASI DALAM KEGIATAN PENGADAAN TANAH BAGI PEMBANGUNAN JALAN TOL PANDAAN-MALANG ( STUDI DI DESA CAPANG, KECAMATAN PURWODADI, KABUPATEN VASKAL BENOVEN TAMBUNAN
Legal Spirit Vol 2, No 2 (2018): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

The case of land acquisition for public interest is common in Indonesia in general, and especially in Pasuruan regency, ie. land for the interest of the Pandaan-Malang toll road section. It is an interesting case study as this issue becomes the basis of the wider community. This study entitles Implementation of Consignment in Land Acquisition Activities for Toll Road Development of Pandaan-Malang: Study in Capang Village, Purwodadi District, Pasuruan Regency. The objective of the research are to reveal (1) the Apprasial process in determining the compensation of the valuation of the party in the consignment Based on Fairness Value in the Village Capang, and (2) the inhibiting factors in the implementation process of Land Procurement for Public Interest so that the Consignment process occurred. To overcome these obstacles, three ways are done, namely (a) consultation with the community; the district court; And the Supreme Court. However, if these three ways still can not solve the problems, then the next way is to consign. To get compensation that satisfies the sense of sustainability justice, it is advisable to compensate not in the form of money, but in the form of shares in accordance with one of the mandates of Law No. 2 year of 2012 where it is stated that the Government should not act authoritatively in the procurement of land, even for the public interest, to pay attention to the rights and origins of local land. Keywords: Land Procurement, Public Interest, Consignment.

LEGAL PROBLEM SOLVING PENUMPUKAN PERKARA PIDANA DI INDONESIA MELALUI PENGADOPSIAN KONSEP PLEA BARGAINING GUNA MEWUJUDKAN PERADILAN PIDANA YANG EFEKTIF DAN EFISIEN Ruchoyah Ruchoyah
Legal Spirit Vol 2, No 2 (2018): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

The process of criminal justice system in Indonesia up to this time still becomes issues that have not been resolved, one of them is the stacking of the criminal justice system in Indonesia. The stacked problem of cases shows that the criminal justice system in Indonesia has been less effective and efficient so that until now a simple, quick and lightweight judicial process cannot be realized in the criminal justice system in Indonesia. This research gives a legal problem solving toward the stacked problems of criminal cases in Indonesia that are currently not able to solve, namely the implementation of plea bargaining system in the renewal of the criminal justice system in Indonesia by conducting comparative studies of the implementation of plea bargaining system in the criminal justice system in the United States. The results of this paper show that the urgency in the application of the plea bargaining system in Indonesia can be seen from several considerations:, philosophical, juridical, sociological and political laws. The conclusions and the recommendations from the author is that a plea bargaining system should be adopted in the renewal of the criminal justice system in Indonesia in order to realize an effective and efficient criminal justice. Keyword : Legal Problem Solving,Plea Bargaining, Cases.

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M. Ramadhana Alfaris

Contact Email
pps@widyagama.ac.id

Phone
+6281217783216

Journal Mail Official
pps@widyagama.ac.id

Editorial Address
Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang

Location
Kab. malang,

Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name M. Ramadhana Alfaris

Contact Email pps@widyagama.ac.id

Phone +6281217783216

Journal Mail Official pps@widyagama.ac.id

Editorial Address Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang

Location Kab. malang, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
M. Ramadhana Alfaris

Contact Email
pps@widyagama.ac.id

Phone
+6281217783216

Journal Mail Official
pps@widyagama.ac.id

Editorial Address
Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang

Location
Kab. malang,

Jawa timur

INDONESIA