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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 3, No 1 (2019): Legal Spirit" : 7 Documents clear
PARATE EKSEKUSI PADA HAK TANGGUNGAN DALAM KAJIAN BIAYA SOSIAL (SOCIAL COSTS THEORY) Dyah Anggraeni
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1465

Abstract

The research aims to determine the fulfillment of social costs theory when granting parate execution rights to the holders of the mortgage rights, and to determine the form of legal protection for the creditors of the holders of the mortgage rights. The formulation of the problem tested in the discussion, namely: does the granting of parate execution rights to the holders of the mortgage rights meet the theory of social costs ?, and what is the form of legal protection for the creditors of the mortgage holders ?. The research method used is normative research. This research results: 1) The right of execution parate to the holder of the mortgage rights meets the elements of Social Costs theory, this is because the creditor should have been given a right by the debtor to him for default, the debtor is responsible for a default that he did then the creditor was given the right parate execution of a guarantee, and 2) Legal protection of the debtor giving the right of dependents in the perspective of Law No. 8 of 1999 concerning consumer protection and protection of determining the value of guaranteed mortgage rights limit. The juridical reason for the resistance of the debtor granting the mortgageis based on the explanation in Article 6 of the UUHT, where the right to sell on his own strength is not intended ex lege but on the basis of an agreement first.Key words: Execution Parate, Mortgage Rights, Social Costs
PERLINDUNGAN HUKUM BAGI PENYANDANG DISABILITAS UNTUK MEMPEROLEH PERSAMAAN HAK DIDALAM PEMERINTAHAN Muhamad Arganata
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1466

Abstract

Legal Protection for Persons with Disabilities to Obtain Rights Equations in Government, the existence of Discrimination in Article 65 paragraph (1) letter b of Law Number 5 of 2014 concerning State Civil Apparatus which requires prospective ASN to be physically and mentally healthy. Of course we know that there are humans who are less than perfect or called Disabled Persons. Therefore, with this regulation, people with disabilities feel discrimination because they will not be able to meet the requirements of physical and spiritual health even though in fact they have the same abilities and opportunities (Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia) with normal human beings , only they have differentneeds. Efforts to Improve Legal Protection for Persons with Disabilities, as follows: Ensure and implement the importance of political education (civic education) for persons with disabilities in formal education institutions, Make changes to the contents of article No. 5 of 2014 concerning State Civil Apparatus, the Government immediately forms 15 Implementing Regulations as mandated by the contents of the Final Provisions Article 152 of Law No. 8 of 2016 concerning Disabled Persons, Providing a 10% quota to persons with disabilities to be able to sit in government seats, as a form of affirmative action or positive discrimination. the form of legislation starting from top to bottom for synchronization and harmonization, changing the stigma of people with disabilities into persons with disabilities or disabilities (different abilities), changing the concept of charity based on the concept of rights based.Keywords: Disability, Goverment
PERLINDUNGAN HUKUM USAHA MIKRO KECIL DAN MENENGAH INDUSTRI OBAT TRADISIONAL DI JAWA TIMUR TERHADAP DAMPAK DARI MASYARAKAT EKONOMI ASEAN (MEA) Subarjo Subarjo
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1461

Abstract

In this study shows that the Asean Economic Community (AEC) does not protect the economic interests of the Micro Small and Medium Enterprises in the Traditional Medicine Industry in East Java because 1) national law inhibits capital, guidance or has not been able to protect price competition from global markets, 2) business competition policies Asean cannot guarantee legal certainty and protect against unfair competition among member States because it is a reference and not binding on each of its members, 3) There is a dishonorisation between the 1945 Constitution with international provisions on the Asean Economic Community (AEC), and 4) The results of harmonization of the Agreement Traditional medicines are not able to be carried out by the traditional medicine industry because the rules are equated with chemical drugs thatrequire expensive facilities and infrastructure and good buildings. Furthermore, legal construction so that the UMKM of the Traditional Medicine Industry is protected from the impact of the AEC is to extend the preparation period, the government provides capital support, and creates regulations that favor traditional drug business actors by providing clear legal certainty regarding certificates for making good traditional medicines ( CPOTB)
ANALISIS YURIDIS SISTEM PEMBIMBINGAN KLIEN PEMASYARAKATAN DI BALAI PEMASYARAKATAN (BAPAS) KLAS I MALANG Enny Umronah
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1467

Abstract

Mentoring is a series of law enforcement through the unity of life relationship efforts, life and the livelihood of the inmates in a social life. so they can realize their mistake, improve theirselves and not to repeat the criminal act and be accepted by the environment, by improving the inmates quality, devotion to God the Almighty, intellectual, attitude and behavior, professional, physical and spiritual health of However, the mentoring process was not carried out optimally, resulting the offense of law happen again that is why the thesis titled judicial analysis of the mentoring of penitentiary client system in Balai Pemasyarakatan Kelas I Malang. This study was intended to describe how does the inmate mentoring penintetiary system in Balai Pemasyarakatan Kelas I Malang ?, what factors that affect the implementation of the inmate in Balai Pemasyarakatan Kelas I Malang ?. Furthermore, this study aims to describe and explain the inmates mentoring system also elaborates and analyzes the factors that influence the mentoring system of the inmate in Balai Pemasyarakatan (BAPAS).Keywords: Guidance, Penitentiary, Penitentiary (Bapas)
ANCAMAN PEMBERATAN PADA JENIS HUKUMAN DISIPLIN MILITER SEBAGAI UPAYA PENCEGAHAN PELANGGARAN DISIPLIN PRAJURIT TENTARA NASIONAL INDONESIA (TNI) Nurdin Nurdin
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1462

Abstract

This study aims to analyze the regulation of the threat of punishment for military discipline as regulated in Article 11 of Law Number 25 of 2014 concerning Military Disciplinary Law and to find out juridical problems faced by superiors who have the right to punish (Ankum) in the application of Law Number 25 of 2014 concerning Military Discipline Law. In the discussion of this research, the juridical problems faced by Ankum usually have a tug of war between Ankum and law enforcement authorities (civilians). When warriors commit violations related to civilians, then it is usually difficult for Ankum to take action. From this aspecttoo, Ankum usually felt that his position as Commander felt failed because of violations committed by his subordinates. Furthermore, the application of sanctions given by Ankum to soldiers who were sentenced to military discipline had a deterrent effect on the perpetrators, this proved to be fewer violations every year
ANALISIS TERHADAP HAK GUGAT DEBITUR PADA PELAKSANAAN LELANG EKSEKUSI DALAM PASAL 6 UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH Khoirul Muslihah
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1463

Abstract

The research aims to find out the causes and reasons for debtors to file a lawsuit or resistance to the auction process, and to analyze the decision of the Panel of Judges against the lawsuit / resistance submittedby the debtor against the auction conducted by KPKNL Malang based on Article 6 of the UUHT. The method used is normative juridical namely legal research conducted by examining and examining library materials.The results show that First, the emergence of a lawsuit by the debtor occurs due to several factors such as auction prices that are too low, the auction of bad loans carried out before the maturity of the credit agreement, procedures / procedures for conducting auctions that are not appropriate, for example, notification of auctions that are not timely , announcements that are not in accordance with procedures, related to inheritance and / or joint property issues for which the guarantee process is invalid, and for illegal acts in the auction process. Secondly, the decisions of judges in deciding auction cases vary, as is the case with the author, that there are decisions that win the KPKNL on the grounds that based on Article 6 of the UUHT the KPKNL has the authority to conduct an auction. Besides that there is also a decision canceling the auction because it did not meet the procedures.Key words: Debtor Claim Rights, Auction Implementation, UUHT
SINKRONISASI NORMA HUKUM PELAKSANAAN PROGRAM NASIONAL AGRARIA (PRONA) DENGAN POLA PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) Ismail Ismail
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1464

Abstract

The research is motivated by the existence of conflicting norms between Ministerial Regulation ATR / BPN Number 6 of 2018 concerning PTSL with PP Number 24 of 1997 concerning Land Registration in achieving all land certificates in 2025. Therefore the President issued a nawacita that is through the National Agrarian Program or (PRONA) with the PTSL pattern. This research uses Normative Juridical Research Type. Furthermore, the results of the research show that Synchronization between Ministerial Regulation ATR / BPN Number 6 of 2018 concerning PTSL compared with PP Number 24 of 1997 concerning Land Registration based on Article 8 Paragraph (1) and (2) of Law Number 12 of 2011 concerning Formation of Regulations This unconstitutional legislation is because the contents do not violate or are not in conflict with Government Regulation Number 24 of 1997 concerning Land Registration only to achieve the goal of land certification in Indonesia in 2025 which has reached 100% then the existence of Ministerial Regulation ATR / BPN Number 6 2018 concerning PTSL only shortens the requirements contained in PP No. 24 of 1997 concerning Land Registration not to eliminate or even eliminate.Keywords: Synchronization, National Agrarian Program, Land Registration, Implementation

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