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[Pengembalian Aset Tindak Pidana Korupsi Berdasarkan United Nation Convention Against Corruption Di Kawasan ASEAN ]]>
<![CDATA[Sylvana Agnetha Wulan Widyastuty]]>;
<![CDATA[Rina Shahriyani Shahrullah]]>;
<![CDATA[Elza Syarief]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.3849
<![CDATA[The purpose of this study is to determine a model of international cooperation so that the assets recovery cross-border resulting from corruption in ASEAN can be more effective. Therefore, the questions in this study are: (1) how is the implementation of assets recovery cross-border as a result of corruption based on UNCAC in ASEAN including the obstacles faced and the success of assets recovery cross-border? (2) What is the solution for assets recovery cross-border resulting from corruption? This study using normative legal research methods with written studies using secondary data such as laws and regulations, legal theory, legal principles and scientific works of scholars (doctrine). The results of the study (1) The implementation of assets recovery cross-border resulting from Indonesian corruption in ASEAN was only successful for the first time in 2019 with a return of SGD 200,000 by the Corruption Eradication Commission (KPK) in collaboration with the Corrupt Practices Investigation Bureau (CPIB) Singapore. Obstacles in the implementation of assets recovery cross-border resulting from corruption: a. Structured abuse of power, b. the principle of sovereignty, c. national interest of a country and d. the Treaty on Mutual Legal Assistance in Criminal Matters (MLA ASEAN) as an international agreement is not sufficiently binding (soft law) and requires further processes such as ratification and adjustment to national criminal law. (2) Even though there is a legal umbrella for eradicating corruption related to the assets recovery cross-border resulting from corruption in the form of UNCAC and MLA ASEAN, in order to maximize the implementation of assets recovery cross-border in ASEAN, a special (bilateral) implementing agreement for assets recovery cross-border is needed in order to have more binding power. The implementation agreement is not enough, then it is also necessary to adjust and align the tools of Indonesian national law related to the asset recovery cross-border from corruption and the provision of appropriate authority for law enforcement.]]>
<![CDATA[Aturan Penggunaan Bahasa Indonesia Pada Label Yang Mencakup Informasi Suatu Produk ]]>
<![CDATA[Jihan Sulistia Nabila]]>;
<![CDATA[Rani Apriani]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.4113
<![CDATA[The development of the times accompanied by technological advances makes it easy for consumers to fulfill their needs. Currently, consumers can easily and quickly obtain their needs in various marketplaces offered by business actors. Free trade in Indonesia causes many products from abroad to circulate in the community, many of which do not include information using Indonesian, so that the information obtained by consumers is not conveyed clearly, precisely, and completely. Whereas in meeting the needs of the community, they prefer to buy goods and services that are traded freely because the prices are relatively cheaper without thinking about the effects of goods and or services that are traded freely without permission from the Ministry of Health. The number of products on the market that have information that is not clear and complete, especially products from abroad which usually only include information using foreign languages only results in harm to consumers both materially and immaterially, because the information in a product is very important for consumers. as a consideration to see whether the product is in accordance with what is desired or needed and also whether the product is safe for use or consumption. Therefore, as a student, the writer is obliged to inform about the rights and obligations of consumers and business actors in carrying out trading activities, including in including information using Indonesian. Using the normative juridical method where we examine the laws and regulations related to this article. Thus, the use of Indonesian in information on a product is very important for consumers and must be carried out by business actors.]]>
<![CDATA[Kajian Pembaharuan Hukum Dalam Asuransi E-Commerce ]]>
<![CDATA[Fiqqih Anugerah]]>;
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.3853
<![CDATA[Insurance in the electronic trading business has been regulated by law in Indonesia, but there are technical obstacles related to electronic trade insurance in the Indonesian legal system in its application. When insurance is used in business through e-commerce, there is legal protection for the insurer regarding the obligation to notify the policyholder about the subject of insurance, and legal protection for the policyholder regarding the purpose of the policy, namely the transfer of risk to compensation for the damage caused by the event, as well as the risk against risks that threaten insurance coverage. Therefore, this study aims to disseminate knowledge about how insurance arrangements for e-commerce businesses are from a legal point of view in Indonesia and what are the reasons for e-commerce insurance to be specifically regulated by Indonesian law. This study uses a normative legal research method through library research tracing guidelines such as laws, articles, or journals related to the themes and titles to be studied which will be used as the basis or foundation for the preparation of this article. The results of this study indicate that insurance agreements can be used to mitigate risks that may arise from the intrusion of third parties into the e-commerce protection system, as long as the agreement does not violate the insurance principles as regulated in Indonesian legislation.]]>
<![CDATA[Implementasi Putusan Mahkamah Konstitusi Tentang Kedudukan Anak Luar Kawin Di Wilayah Pengadilan Agama Kelas 1A Bengkulu Dan Dinas Kependudukan Dan Catatan Sipil Kota Bengkulu ]]>
<![CDATA[Dimas Dwi Arso]]>;
<![CDATA[Edytiawarman Edytiawarman]]>;
<![CDATA[Slamet Muljono]]>;
<![CDATA[Nurhani Fithriah]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.3751
<![CDATA[The decision of the Constitutional Court Number 46/PUU-VIII/2010 regarding the legal status of children out of wedlock, decided that: Children born out of wedlock only have a civil relationship with their mother and their mother's family as well as with a man as their father which can be proven based on science. and technology and/or other evidence according to the law having a civil relationship, including a civil relationship with his father's family, has raised pros and cons not only among the public, but also among law enforcement and the Indonesian Ulema Council. This study aims to determine and analyze (1) the implementation of the Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the Position of Out-of-Marriage Children in the Class 1A Bengkulu Religious Court Area and the Bengkulu City Population and Civil Registry Office, (2) legal consequences of Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the position of children out of wedlock to the rights of children out of wedlock, and the opinion of the Judge of the Bengkulu Class 1A Religion Court. 46/PUU-VIII/2010 concerning the position of children out of wedlock. The research method was carried out empirically and normatively. The data used are primary data and secondary data. Primary data was obtained by means of direct interviews with parties related to handling the problem of the object of research, while secondary data was obtained by means of library research. The results of the research are expected to serve as input for decision makers and society in general. Field results show that until now there has never been an application for determination of the position of a child out of wedlock in the area of the Religious Court Class 1A Bengkulu, and if there is an application for the determination of a child out of wedlock, an examination and proof will be carried out regarding the origin of the child, while for the Department of Population and Records The Bengkulu City Civil Service is only for disfiguring and administering the child status determination which has been determined by the Bengkulu Class 1A Religious Court. The legal consequences of Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the position of illegitimate children with respect to the rights of children born out of wedlock only have a civil relationship with their mother and biological father and the families of their father and mother, but only have a kinship relationship with their mother and with their mother's family, while to his biological father and his father's family, the child is not related by lineage. The opinion of the Indonesian Ulema Council of Bengkulu City is in line with the opinion of the Indonesian Ulema Council which issued a fatwa that the Constitutional Court Decision No. 46/PUU-VIII/2010 Regarding the Position of Children Out of wedlock to the rights of children out of wedlock that children resulting from adultery do not have nasab, marriage guardian, inheritance, and nafaqah relationships with men resulting in their birth. Children resulting from adultery only have kinship, inheritance, and nafaqah relationships with their mothers and their mother's family ]]>
<![CDATA[Pertanggungjawaban Hukum Pengurus Perseroan Bank Jatim Atas Hapus Buku Kredit Yang Tidak Memenuhi Ketentuan ]]>
<![CDATA[Rezky Wahyu Satrio]]>;
<![CDATA[Widodo Widodo]]>;
<![CDATA[Ibnu Subarkah]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.4124
<![CDATA[PT Bank Pembangunan Daerah Jawa Timur (Bank Jatim) has PT Surya Graha Semesta Business Group as core debtor whose subsidiary, PT Nugraha Adi Taruna, was granted a KMK Pola Keppres for Kedungkandang Bridge construction work in Malang City. Based on Badan Pemeriksaan Keuangan Republik Indonesia examination result, the loan write-off did not meet the provisions. This thesis aims to find out the legal responsibility of the company management who writes off the loan that did not meet the provisions and can or cannot be categorized as a corruption crime and how legal remedies can be taken by minority shareholders in order not to be harmed by the actions of the company management. This thesis is classified as a doctrinal legal research because the study is focused on the consistency of the legal regulations governing the provisions for loan writing-off at Bank Jatim. The results of the study found that the KMK Pola Keppres PT NAT untuk Pekerjaan Pembangunan Jembatan Kedungkandang Kota Malang write-off conducted by Bank Jatim Company Management that did not meet the provisions in the Bank Jatim Director Decree and violated Otoritas Jasa Keuangan Republik Indonesia Regulations so that can be legally responsible administratively. Bank Jatim Company Management who writes off the loan by not fulfilling the provisions cannot be categorized as a corruption crime because it doesn’t fulfill one of the elements of corruption crime. Due to Bank Jatim Company Management actions, minority shareholders can take legal action by filing ordinary lawsuits and derivative lawsuits.]]>
<![CDATA[Pemutusan Hubungan Kerja Pada Masa Wabah Virus Korona Di Kabupaten Bekasi Ditinjau Dalam Perspektif Hukum Ketenagakerjaan ]]>
<![CDATA[Yeremia Juan Dewata]]>;
<![CDATA[Imam Budi Santoso]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.4057
<![CDATA[Perlindungan hukum tentang hak-hak yang diperoleh dari para pekerja yang telah di putus Pemutusan Hubungan Kerja atau PHK oleh perusahaan sebagai akibat dari wabah Virus Korona dan program Pemerintah Kabupaten Bekasi yang telah dipersiapkan untuk menekan jumlah angka pengangguran di Kabupaten Bekasi pada masa wabah Virus Korona. Penelitian ini dilakukan dengan menggunakan penelitian hukum yuridis normatif. Melindungi hak-hak para pekerja dan menjadi kewajiban bagi para perusahaan untuk melaksanakannya pada masa wabah Virus Korona. Bentuk upaya mengurangi jumlah angka pengangguran di Kabupaten Bekasi dengan melaksanakan kerja sama dan program pelatihan kerja bersama perusahaan yang ada di Kabupaten Bekasi.]]>
<![CDATA[Tinjauan Sosiologi Hukum Terhadap Faktor Pemberian Labeling Oleh Warganet Kepada Oknum Aparat Penegak Hukum Yang Menyimpang ]]>
<![CDATA[Vitaloka Kusuma Astuti]]>;
<![CDATA[Oci Senjaya]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.3762
<![CDATA[Legal norms that already exist in Indonesia must be obeyed by all Indonesian people, especially law enforcement officers, which has become part of their obligations. However, deviant behavior is often found among law enforcement officers themselves, especially unscrupulous individuals. Not a few cases of irregularities committed by law enforcement officials. On social media, many netizens label law enforcement officers, this is because there are many irregularities committed by law enforcement officers. This causes public confidence in Law Enforcement Officials. The purpose of this study is to identify the factors causing the labeling of law enforcement officers who deviate and make a positive contribution to legal elements so that law enforcement is more effective. To achieve this goal, the research was conducted using a qualitative analysis method, namely a research method that requires descriptive analysis of data, namely something that was said by the informant listed through the internet. The community factor that gives labels to law enforcement officers who deviate is because of the law itself and the factor of the law enforcement officers themselves. Labeling contained in Sociological Theory, tends to be given to people with behavioral disorders who do not meet social standards with societal norms. Various efforts must be made to improve the performance of law enforcement officers, starting from the process of implementing the recruitment of law enforcement officers to sanctions that must be enforced more than violations.]]>
<![CDATA[Kedudukan Aset Milik Pihak Ketiga Yang Dijadikan Sebagai Boedel Pailit Oleh Kurator Berdasarkan UU Kepailitan Dan UU Hak Tanggungan ]]>
<![CDATA[Nyulistiowati Suryanti]]>;
<![CDATA[Pupung Faisal]]>;
<![CDATA[Salsabila Muharani]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.4080
<![CDATA[Mortgage is one type of guarantee that lenders are interested in offering loan facilities for because it is seen as a good guarantee and simple to implement. In reality, the guarantee granted by the Debtor to the Creditor bound by this Mortgage does not always belong to the Debtor but rather to a Third Party who has hand over their assets as guarantee for the payment of the Debtor's obligation. Of course, this only becomes a problem if the debtor is unable to repay the creditor; in that case, the creditor may decide to use the bankruptcy process as the last resort to address the debt issue. There are frequently issues with the Curator's power to add all assets connected to the Debtor's assets, including Third Party assets pledged as collateral, to the bankrupt estate. With reference to the Law Number 37 of 2004 on Bankruptcy (K-PKPU Law) and Law Number 4 of 1996 on Mortgage, this study intends to perform a deeper analysis relating to the authority of the Curator as well as the situation of assets belonging to Third Parties bound by Mortgage in the bankruptcy case. This study was put together using a qualitative method and a normative juridical approach. Data were collected online through a literature review, and they were processed in an analytical descriptive way. The findings of this study show that, first, the new Curator has the ability to enter Third Party assets if, after two (two) months, Separatist Creditors have not exercised their right to execution as provided for in Article 59, paragraphs (1) and (2) of the K-PKPU Law. Second, under Article 59(1) of the K-PKPU Law, which refers to the principle of lex posteriori derogat legi priori and views the context of the case as bankruptcy, the Curator is actually given the authority to conduct auctions due to the position of assets belonging to Third Parties in the bankruptcy estate, then to resolve this case related to the position of Third Party assets in the bankruptcy estate refers to the K-PKPU Law.]]>
<![CDATA[Penyelesaian Sengketa Rumah Susun Yang Masih Terikat PPJB Oleh Pengembang Nakal Yang Melakukan Wanprestasi ]]>
<![CDATA[Tri Ayu Mulyaningsih]]>;
<![CDATA[Devi Siti Hamzah Marpaung]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.3786
<![CDATA[The high demand for housing and the lack of human income causes the construction of flats to increase, because the cost is cheaper and usually many buyers can only afford a down payment or down payment. Because the purchase cannot be carried out, the party can make a binding agreement as a preliminary agreement for the sale of flats. PPJB is carried out in a condition where the building is not completely finished, which is 20%. Sales through PPJB cause many laws that harm prospective buyers, one of the problems is facing the sale and purchase binding deed because the developer is in default. It is said to be in default because the developer did not heed the agreement. To minimize the loss of potential buyers, there must be clear and definite law enforcement that can provide justice and legal protection. The purpose of this legal research is to determine the protection aspect of land law due to default. This study uses a normative juridical legal research method with a conceptual and legal application approach to fulfill views and doctrines as the basis for legal arguments on legal issues that must be investigated. Results Based on the research, it is known that the making of PPJB for Houses/Condos made by a notary based on PERMENPUPR Preliminary System for Sale and Purchase of Houses/Sarrusun Reflects as legal certainty and the Notary is obliged to make a PPJB deed in accordance with what has been determined in PERMENPUPR Preliminary Agreement System for Sale and Purchase of Houses/Sarusun, with still refer to Article 38 of the Law on the Position of Notary and its Amendments]]>
<![CDATA[Pencegahan Tindak Pidana Pencucian Uang Oleh Kegiatan Usaha Penukaran Valuta Asing Bukan Bank Di Indonesia ]]>
<![CDATA[Agnestya Putri Rizon]]>;
<![CDATA[Shenti Agustini]]>
<![CDATA[ Legal Spirit Vol 6, No 2 (2022): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v6i2.4096
<![CDATA[Money laundering is an attempt to hide or disguise the origin of money/funds or assets resulting from criminal acts through various financial transactions so that the money or assets appear as if they came from legal/legal activities. Data obtained based on the Anti-Money Laundering and Terrorism Statistical Bulletin by the Center for Financial Transactions and Analysis Services in June 2019, there were 459,951 Suspicious Financial Transaction Reports during the period January 2003 to June 2019 received by PPATK. Types of research used in the study This is a normative juridical research that is used to review the legislation. It is useful for academic purposes which is used for academic purposes and can be used to compose academic works. With the new provisions, the implementation of regulations for KUPVA BB operators and Payment System Service Providers (PJSP) has been integrated. The new regulations have also been harmonized with the government's efforts to combat money laundering and terrorism financing, as well as recommendations and guidelines provided by the international Financial Action Task Force on Money Laundering (FATF). The obligation to report Money Changers and early monitoring by PPATK as an effort to combat money laundering is a preventive measure in preventing money laundering crimes. The new regulations have also been harmonized with the government's efforts to combat money laundering and terrorism financing, as well as recommendations and guidelines provided by the international Financial Action Task Force on Money Laundering (FATF). The obligation to report Money Changers and early monitoring by PPATK as an effort to combat money laundering is a preventive measure in preventing money laundering crimes. The new regulations have also been harmonized with the government's efforts to combat money laundering and terrorism financing, as well as recommendations and guidelines provided by the international Financial Action Task Force on Money Laundering (FATF). The obligation to report Money Changers and early monitoring by PPATK as an effort to combat money laundering is a preventive measure in preventing money laundering crimes.]]>
