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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 9 Documents
 1 
Search results for , issue "Vol 3, No 2 (2019): Legal Spirit" : 9 Documents clear
PELAKSANAAN KEWENANGAN EVALUASI DAN KLARIFIKASI RANCANGAN PERATURAN DESA TENTANG ANGGARAN PENDAPATAN DAN BELANJA DESA (RAPBDESA) OLEH PEMERINTAH DAERAH Aktiva Merityara Atqonnisaa
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1472

Abstract

This legal writing aimed to determine authority of regional goverment to implementation evaluation and clarification about RAPBDesa and to determine implication of implementation evaluation and clarification RAPBDesa by regional goverment. This research used a social legal approach, where it wouldbe tempting between of rule of law with the law enforcement. Primary and secondary data sources was obtained trough observation and interview. And then describe the data that has been collected. Management according to law number 6 of 2014 concerning villages, regional govermnet has authority to do evaluation and clarificstion of APBDesa village regulation. Implementation of authority regional goverment in Jombang city on delegated to subdistrict mayor with estabilished Jombang regent regulation number 2 of 2014 concerning delegation of part of regent’s authority to the subdistrict mayor. Implementation evaluation and clarification RAPBDesa by regional goverment guided the regent regulation of the village financial management. From implementation of evaluation and clarification will issued evaluation report, which shows approved and qualify or rejected and unqualify and must to revision. Need for timeliness in the issuances of evaluation guidelines by the regional goverment and the firmness of subdistrict supervising to villages especially with schedule drafting RAPBDesa. And need for the awareness of the village goverment to do step of budgeting in management according to law.Key words: Evaluation, Clarification, Local Government, APBDesa Village Regulation.
KAJIAN YURIDIS PIDANA TUTUPAN PERSPEKTIF HERMENEUTIKA DOUBLE MOVEMENT Nasrullah Nasrullah
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1471

Abstract

Article 10 of the Criminal Code explains that the Basic Punishment types consisting of capital punishment, imprisonment, confinement, fines, and penalty closure. All the types of punishment have been regulated in the KUHP, except regulations related to penalty closure. The penalty closure is regulated under the act number 20 years 1946 about Closing Penalty. The act is created after the event of July 3rd 1946. A closing penalty requirement is an act that is motivated by intentions that deserve respect. Moreover, the maximum sentence of closing penalty only applies 1 (one) time since the promulgation. Based on the explanation above, to regulate criminal proceedings in the future, it is necessary to analyze criminal closure using the Hermeneutic Double Movement by Fazlur Rahman's theory and the legislation methodology approach, case approaches, and historical approaches. Based on the results of this research, it concludes thatin the future, there should be no need for closing penalties because the meaning of the actions that are motivated by intent that deserves respect is to defend the nation. According to the Hermeneutic Double Movement theory conveyed by Fazlur Rahman, that the act of defending the homeland and the nation does not have the same moral ideas as the previous event, causing the blurring of norms and will be difficult in its application.Keywords: penalty closure, moral ideas, Hermeneutics Double Movement
TINJAUAN HUKUM TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 88/PUU-XIV/2016 Imam Sumantri
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1474

Abstract

Yogyakarta, pinned to the Special Region because it has its own historical factors from other regions, so that Yogyakarta has specificities that are given the law through Law No. 13 of 2012 concerning Yogyakarta Regional Privileges. On his journey there seemed to be a problem, with the Sultan currently not having a son. This study discusses: First, What is the ratio decidendi (judge's consideration) of the Constitutional Court Decision 88 / PUU-XIV / 2016 in interpreting article 18B of the 1945 Constitution? Second, how is the examination of the Constitutional Court Decision 88 / PUU-XIV / 2016, and the reformulation of regulations. This research uses normative legal research, the method of approach used is the statutory regulation, conceptual approach, historical approach and philosophy. The results of the study show that, first, there is no definite benchmark by the Constitutional Court in interpreting Article 18B of the 1945 Law concerning asymenteric decentralization. Thus, this makes the Constitutional Court Decision 88 / PUU-XIV / 2016, in its consideration, inconsistencies occur. Second, the examination of the verdict, more specifically on the legal standing, where the loss is not felt by the applicant. In the future reformulation, the state does not need to intervene in the internal affairs of the palace, either through court rulings or legislative regulations.Key words: Legal Review, MK Decision, Special Region of Yogyakarta, Asimeteris Decentralization
REFORMULASI PENGATURAN PEMBANGUNAN JALAN DESA KABUPATEN MALANG Avicenna M Saniputera
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1475

Abstract

The administration of government in all lines has a high level of complexity. In the discourse of the state of law, all such implementation must be based on definite legal rules, or known as due process of law. The prerequisites that must be met in the rule of law, are certainty and harmonization. Certainty means not multiple interpretations, and harmonious, does not collide with other arrangements. Apparently these aspects were not fulfilled in the Law governing village roads. There were two institutions that were obliged to implement them, not to mention the standard distribution, which were village roads, and Malang district roads. For this reason, this study discusses: First, How is the juridical analysis and the impact of regulating the authority of organizing village roads in Malang regency in terms of the Regional Government Law, the Village Law and the Road Law? Second, how are the efforts to reform the village road development arrangements in the future that meet the elements of legal certainty and in accordance with the direction of regional development in Malang Regency? This research uses normative legal research, with the approach of statutory and conceptual regulations.Key words: Reformulation, Development, Village Road, Malang Regency
HAK KEBEBASAN BERPENDAPAT DAN TINDAK PIDANA MAKAR Hufron Hufron
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1469

Abstract

Basically, the crime of treason is an act that fulfills two elements, namely the intention on one side and the beginning of the implementation on the other side. The beginning of the implementation itself refers to actions tobring down a legitimate government, kill the President or Vice President, and to separate part or all of the territory of the Republic of Indonesia. The link between the right to freedom of opinion and treason crimes is freedom ofopinion, precisely freedom of expression in public, can not be said treason as long as it meets the provisions of Article 6 of Law No. 9 of 1998 concerning Freedom of Expression in Public, namely respecting the rights andfreedoms of others; respect for generally recognized moral rules; obey the laws and provisions of the applicable laws and regulations; maintain and respect public security and order; and maintaining the integrity and unity ofthe nation, and vice versa, freedom of opinion can be said as treason if carrying objects that can jeopardize public relations intended to bring down a legitimate government, to kill the President or Vice President, and to separate part or all of the territory of the State Homeland.Keywords: treason crime, freedom of opinion.
IMPLEMENTASI PRINSIP TATA PEMERINTAHAN YANG BAIK DALAM PENGAWASAN PENDAFTARAN HAK ATAS TANAH Rommy Hardyansah
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1476

Abstract

The Opening of the 1945 Constitution of the Republic of Indonesia Paragraph IV is the NRI's State of Interest. In order to realize the mandate of the constitution, a system of state and government administrationis needed based on the principle of good governance by involving various parties, both the state administration and the people. Land Registration regulated in Government Regulation No. 24 of 1997. Land registration has various problems including double certificates; fake certificate; conversion of rights that arelegally flawed. The Saber Pungli Team did arrest employees in the office of Malang City National Land Agency. These problems indicate that BPN as a state institution does not provide public services in accordance with the principles of Good governance..Keywords: Good Governance, Land Registration, Supervision, Implementation of Good Governance.
IMPLEMENTASI PRINSIP TATA PEMERINTAHAN YANG BAIK DALAM PENGAWASAN PENDAFTARAN HAK ATAS TANAH Hardyansah, Rommy
Legal Spirit Vol 3, No 2 (2019): Legal Spirit, Desember, 2019
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1476

Abstract

The Opening of the 1945 Constitution of the Republic of Indonesia Paragraph IV is the NRI's State of Interest. In order to realize the mandate of the constitution, a system of state and government administrationis needed based on the principle of good governance by involving various parties, both the state administration and the people. Land Registration regulated in Government Regulation No. 24 of 1997. Land registration has various problems including double certificates; fake certificate; conversion of rights that arelegally flawed. The Saber Pungli Team did arrest employees in the office of Malang City National Land Agency. These problems indicate that BPN as a state institution does not provide public services in accordance with the principles of Good governance..Keywords: Good Governance, Land Registration, Supervision, Implementation of Good Governance.
REFORMULASI PENETAPAN LAHAN HIJAU DI KABUPATEN MALANG Romdhoni Romdhoni
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1470

Abstract

This research results: First, there is a disharmony between the two rules in the determination of different numbers of green land, where the number contained in the LP2B regional regulation is 45,888.23 Ha, this figure is greater than the RTRW Perda which is 33,110, 3 Ha so there are the difference in green land area is 12,777.3 hectares. Generally in practice the green land is decreasing, not increasing. Second, the formation of the LP2B Perda is not participatory, this is proven because the Perda in its formation does not harmonize norms with the RTRW, whereas in the LP2B Law, it is mandated that the stipulation of LP2B must be adjusted to the RTRW. The impact of the norm uncertainty, first, has a negative impact on licensing factors in the investment sector. Thus the authors provide legal recommendations, which are reviewed first using the political political approach, which produces two main things that become the signs for changes in LP2B regional regulations, namely legal certainty in all fields and ideal community participation.Keywords: Reformulation, Perda LP2B and RTRW, Determination, and Green Land
REFORMULASI PENETAPAN LAHAN HIJAU DI KABUPATEN MALANG Romdhoni, Romdhoni
Legal Spirit Vol 3, No 2 (2019): Legal Spirit, Desember, 2019
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1470

Abstract

This research results: First, there is a disharmony between the two rules in the determination of different numbers of green land, where the number contained in the LP2B regional regulation is 45,888.23 Ha, this figure is greater than the RTRW Perda which is 33,110, 3 Ha so there are the difference in green land area is 12,777.3 hectares. Generally in practice the green land is decreasing, not increasing. Second, the formation of the LP2B Perda is not participatory, this is proven because the Perda in its formation does not harmonize norms with the RTRW, whereas in the LP2B Law, it is mandated that the stipulation of LP2B must be adjusted to the RTRW. The impact of the norm uncertainty, first, has a negative impact on licensing factors in the investment sector. Thus the authors provide legal recommendations, which are reviewed first using the political political approach, which produces two main things that become the signs for changes in LP2B regional regulations, namely legal certainty in all fields and ideal community participation.Keywords: Reformulation, Perda LP2B and RTRW, Determination, and Green Land

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