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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 4, No 2 (2020): Legal Spirit" : 7 Documents clear
EKSISTENSI HUKUM PIDANA ADAT DALAM KAITANNYA DENGAN PENYELESAIAN TINDAK PIDANA PADA MASYARAKAT ADAT TENGGER Hadi Eko Yuchdi Yuchendi
Legal Spirit Vol 4, No 2 (2020): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v4i2.3133

Abstract

This study aims to determine the existence of customary criminal law in the resolution of criminal acts by the Tengger indigenous people. This research results, in solving the problems that arise and are carried out by the Tengger indigenous people there are at least 3 (three) ways or methods carried out including, first, Settlement by Shaman Pandhita or Ki Petinggi. This was done at the Deliberation stage, which was chaired by the Ki Principal as a person who followed his orders. Second. Settlement by the village head or higher ups. This stage is carried out when the first stage did not find a solution to solve the problem, and the third, resolved by the Sukapura Sector Police to be processed in accordance with applicable laws and regulations.
TINDAK PIDANA TERKAIT KEKERASAN SEKSUAL TERHADAP ANAK DALAM PERSPEKTIF PERLINDUNGAN ANAK DI BAWAH UMUR 5 TAHUN Dedy Setiawan
Legal Spirit Vol 4, No 2 (2020): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v4i2.3134

Abstract

In this study shows that the legal protection of child victims of sexual crime according to positive law is to be based on Pancasila. Therefore, the protection of the law will give birth to the recognition and protection of human rights in its form as individual beings and social beings. Law enforcement against children who are victims of sexual crimes according to positive law must also be based on Pancasila in providing legal protection to its citizens, particularly law enforcement against children who are victims of sexual violence. Principles of protection for children in formal law, children receive preventive protection from the state and society, but the principles of child protection have not been implemented properly, in fact there are still many children who have not been protected from various forms of violence and exploitation and are still living neglected and do not get a chance to get a proper education, moreover adequate obstacles in implementing Law Number 35 of 2014 are positive laws in Indonesia. In an effort to protect children, various International Conventions and rules have been adopted but their implementation has not been maximized.
DIVERSI SEBAGAI BENTUK PENYELESAIAN PERKARA PIDANA ANAK MELALUI PENDEKATAN RESTORATIVE JUSTICE OLEH PENYIDIK (Studi Kasus di Wilayah Hukum Polres Lumajang) Sajito Sajito
Legal Spirit Vol 4, No 2 (2020): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v4i2.3135

Abstract

Based on the results of research and discussion, it is known that the implementation of diversion with the restorative justice approach at the level of investigation in efforts to protect children as suspects who commit criminal acts as an effort by the police to see the future of children so as not to be disturbed both physically and psychologically when the police apply imprisonment. The application of diversion is also more to give children legal responsibility so as not to make the same mistakes and give children a second chance in living their lives. Lack of public confidence in the rules of implementing diversion. Even though it has been regulated in the Law, the idea of diversion is still hindered by the views of people who tend to be vengeful and want to retaliate against children who have committed a crime, without thinking about the impact that will be faced by the child
EFEKTIFITAS PENYELESAIAN KREDIT BERMASALAH DI BANK JATIM DENGAN PENJUALAN AGUNAN DI BAWAH TANGAN SellaI Vany
Legal Spirit Vol 4, No 2 (2020): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v4i2.3130

Abstract

The study entitled "Effectiveness of Troubled Credit Settlement at Bank Jatim with Sales of Collateral Under the Hand" aims to determine the effectiveness of the settlement of problem loans at Bank Jatim by selling collateral under the hand and to find out and analyze the supporting and inhibiting factors. The main issues to be investigated are, how is the effectiveness of the settlement of problem loans at Bank Jatim with the sale of collateral under the hand ?, and what are the supporting and inhibiting factors in the effectiveness of the settlement of problem loans at Bank Jatim with the sale of collateral under the hand ?. The research method used in this research is the Sociological Juridical method with interview, observation and literature study data collection techniques with explorative qualitative descriptive analysis methods. This research results, that the effectiveness of self-selling by the debtor as a way to pay off problem loans is very helpful to the banking sector. Because besides being cost effective it is also effective in time and helps maintain the reputation of banks in this case Bank Jatim. And the factors that accelerate or hinder the execution of the sale of collateral itself by the debtor are the good or bad intentions of the debtorhimself
PENERAPAN ASAS PERSONALITAS KEISLAMAN DALAM PERKARA PERMOHONAN PENGANGKATAN ANAK DI PENGADILAN AGAMA TERHADAP PERLINDUNGAN ANAK Irfan Firdianto
Legal Spirit Vol 4, No 2 (2020): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v4i2.3136

Abstract

Child adoption is something that has long been done by the community in the world. Islam justifies, and even encourages it with certain goals such as nurturing, helping, educating him/her and others for the sake of his/her goodness. Such a child adoption in Islam is merely the transfer of responsibility in raising and taking care of him/her from his/her parents to the foster parents.The results of the analyses were used to implement the protection of the adopted children and reveal the motivation of the adoption and also the interests of the adopted children. Islamic personality in the process of such a child adoption would give impacts on the children namely for the best interest of the welfare of the children on the basis of the Islamic laws
KEKUATAN HUKUM AKTA JUAL BELI ATAS PENJUALAN HARTA BERSAMA YANG TANPA PERSETUJUAN SALAH SATU PIHAK DARI MANTAN SUAMI ATAU MANTAN ISTRI (Studi Putusan Nomor 3200/Pdt.G/2016/PA.Lmj.) Andik Wicaksono
Legal Spirit Vol 4, No 2 (2020): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v4i2.3131

Abstract

Joint property is property acquired during the marriage (article 35 paragraph (1) of law number 1 Year 1974), the acquisition of such property involves the role as well as husband and wife, both roles as well as directly or indirectly. When one party ex-husband or ex-wife sell along the treasure without the consent and knowledge of the ex-husband or ex-wife then the sale is not valid and does not have the force of law (Religious Court ruling of Lumajang Number 3200/Pdt.G/2016/PA. Lmj.). TER Haar says. "... goods acquired during marriage by husband and wife is a treasure together so it is a treasure (as part of the family treasures) that at the time of happening of something (especially divorce) gives rise to the right of the husband and wife over the treasure (each part). The absence of shared property, is a penegecualian. Only on patrineal societies, then the existence of the treasure family husband (on mating honest) or property wife (on the mating semendo) does not provide the possibility of the formation of the joint property, regardless of how small the possibility ".
POTENSI GUGATAN PRA PERADILAN SEBAGAI UPAYA MENGHALANGI PROSES PENYIDIKAN TINDAK PIDANA KORUPSI Eko Hari Purwanto
Legal Spirit Vol 4, No 2 (2020): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v4i2.3132

Abstract

The purpose of this study is to find out what is meant by Pretrial and the scope of Pretrial in Indonesia. As well as how in practice the Pre-trial could be considered a matter that could hinder the investigation of the suspects, especially in corruption cases that are being handled by the Corruption Eradication Commission. Pretrial is the right of suspects and related parties granted by the Criminal Procedure Code especially Article 1 point 10 of the Criminal Code. Meanwhile, in relation to efforts that could hinder the investigation of corruption cases that are being handled by the Corruption Eradication Commission especially because the Corruption Eradication Commission cannot conduct a further investigation process prior to the decision of the Pre-trial submitted by the suspect

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