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[Counterfeiting of Weel-Known Brands in Indonesia: Legal Protection? ]]>
<![CDATA[Gunawan Pratama]]>;
<![CDATA[Asmin Patros]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4514
<![CDATA[The use of well-known brands is now starting to bloom, and this is none other than because it promises big benefits that will be obtained when using well-known brands instead of using their brands. One of the reasons why many industries use well-known brands for their products is to make them easy to sell. This study uses normative legal research methods to examine the protection of well-known brands in Indonesia. The results of this study indicate that trademark protection is provided after the trademark owner registers his trademark. Law Number 20 of 2016 needs to define well-known brands clearly. Well-known marks, namely the rejection of an application that is basically the same or wholly with a well-known Mark for similar goods and services is carried out with due observance of the general provisions. public knowledge about the mark in the field of business concerned. In addition, attention is also paid to the reputation of a well-known brand that is obtained due to vigorous and large-scale promotions, investments in several countries in the world that are carried out by the owner and are accompanied by proof of registration. brand in several countries.]]>
<![CDATA[Kebijakan Kriminalisasi Pada Tindak Pidana Perzinahan Dalam Rancangan Undang-Undang Hukum Pidana Berdasarkan Pembaharuan Hukum Pidana ]]>
<![CDATA[Muhamad Samsudin]]>;
<![CDATA[Margo Hadi Pura]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4500
<![CDATA[Products of criminalization in Indonesia can be seen in article 284 of the Criminal Code, the adultery provisions in the Criminal Code that are currently in effect aim to criminalize perpetrators of extramarital affairs where one or both of the perpetrators of intercourse are people who are already bound by previous marriage ties. In addition, Article 284 of the Criminal Code is an absolute criminal offense which does not allow the act to be punished. If no one complains from the aggrieved party (the husband or wife who betrayed their partner) and as long as the case has not been examined before the court, the complaint can always be withdrawn. It can be concluded that the designer of the article criminalized this crime of adultery on the grounds of maintaining the sanctity of the marriage bond for people who are married. The method used in this research is normative legal research method. In this method, law is conceptualized as what is written in a statutory regulation (law in books) or law is conceptualized as a rule or norm that is used as a benchmark for human behavior so that it is considered appropriate. Normative legal research is carried out on secondary data such as scientific journals, books, previous research, and laws and regulations related to the object of research. Regulations on the crime of adultery in the future should pay attention to harmony with central socio-political, socio-philosophical, and socio-cultural values that can facilitate an act committed by an unmarried person or both of whom are not bound by a marriage. In formulating these regulations, one must look at the objectives of the law itself, namely certainty, justice and expediency.]]>
<![CDATA[Perbandingan Kewenangan Menyatakan Keadaan Darurat Antara Indonesia, Prancis dan Malaysia ]]>
<![CDATA[Yusriel Bachrie]]>;
<![CDATA[Jadmiko Anom H]]>;
<![CDATA[Sri Wahyuni]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4534
<![CDATA[The state is obliged to declare a state of emergency if it feels threatened by danger, whether coming from outside or within the country. Implementation of check and balance is necessary because executive authority in a state of emergency is too broad and open. Mechanism is needed that limits executive authority aimed at reducing the potential for the executive to abuse power in the implementation of a state of emergency. This study aims to determine the dangers of a single executive authority in imposing a state of emergency in the Indonesian Constitution by using legal arrangements and practices in France and Malaysia. This article uses normative legal research that based on library-based source. The approach used by researchers is a comparative approach that compares the content of provisions in the constitution and compares the implementation and history of emergency regulations. The result of this study is that the implementation of check and balance for the executive in determining a state of emergency is really needed based on a comparison of regulations and legal practices in France and India. Therefore, Indonesia must implement the practice of check and balance in declaring a state of emergency in order to decrease any potential of abuse of power.]]>
<![CDATA[Efektivitas E-Tilang bagi Pelaku Pelanggaran Lalu Lintas ]]>
<![CDATA[Hanny Hanny]]>;
<![CDATA[Asmin Patros]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4476
<![CDATA[Legal problems that often occur in Indonesian society are violations of the law in traffic. One of the efforts made by Indonesian law enforcement officers is the existence of a ticket. Traffic ticket cases are increasing from year to year, because nowadays we already have sophisticated technology, an E-Ticket was born which requires an information system and is supported by a software or website that can disseminate information to every law enforcement officer in real time. The Application of E-Tickets is very helpful for law enforcement officers in Indonesia. However, it can be said that E-Tickets has not been effective because there are still many Indonesian citizen who are technologically stumped. The application of E-Tilang is sourced or derived from electronic recordings or called E-TLE which has been mostly implemented in Indonesia.]]>
<![CDATA[Pengaturan dan Pengelolaan Aset Tanah Negara dengan Lahirnya Badan Bank Tanah ]]>
<![CDATA[Della Edwinar]]>;
<![CDATA[Lukman Hakim]]>;
<![CDATA[Sirajuddin Sirajuddin]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4542
<![CDATA[The Job Creation Law has a major influence with the issuance of Government Regulation No. 64 of 2021 on the Land Bank Agency. Through the Perpres, it is hoped that it can create arrangements and management of state land assets, especially abandoned land, so that it can be utilized for the prosperity of the people. Based on this description, this study aims to determine and analyze the regulation and management of state land assets before the existence of Government Regulation Number 64 of 2021 concerning the Land Bank Agency, to determine and analyze the factors that become obstacles in the regulation and management of state land assets so that a Land Bank Agency is needed. and to know and analyze the legal construction of the regulation and management of the Land Bank Agency in the future. The type of research used is normative juridical research using a statutory approach and concept approach. The research results obtained are: First, the regulation and management of state land assets before the Perpres of the Land Bank Agency was carried out by BPN. Second, the regulation and management of state land assets before the existence of Government Regulation Number 64 of 2021 concerning the Land Bank Agency, the management is still carried out by the National Land Agency (BPN), and the legal construction of the regulation and management of state land assets in the future is a way to fill the void of land bank regulations through principles and values in society.]]>
<![CDATA[Ekonomi Kreatif sebagai Anak Panah Politik Hukum Investasi di Indonesia ]]>
<![CDATA[A Janurita Tenripada]]>;
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4502
<![CDATA[Indonesia's potential has made Indonesia a strategic investment destination, both domestic investment and foreign investment. The enormous number of human resources, abundant natural wealth, and various forms of culture that stretch from Sabang to Merauke, have encouraged many potential investors to continue to monitor the development of the Indonesian economy. All of this potential can even continue to increase, if it is put to good use by the creative economy and the industries within it. The global economic recession caused by the COVID-19 pandemic has increased the urgency for the development of the creative economy sector as a sector that has proven its resilience. Using normative legal research methods, this study analyzes Indonesia's ability to facilitate the interests and development of the creative economy in the context of investment. This research outlines the problems contained in the laws and regulations governing investment in Indonesia, as well as their impact on the creative economy in Indonesia. This research also proves that there is an urgency to renew the regulations contained in the laws and regulations governing investment, in order to attract more investors to invest, especially in creative industries.]]>
<![CDATA[Efektivitas Asas Presumptio Iures De Iure bagi Pelaku Anak Persetubuhan dengan Bujuk Rayu di Kota Batam ]]>
<![CDATA[Tri Yanuarty Sembiring]]>;
<![CDATA[Junimart Girsang]]>;
<![CDATA[Rina Shahriyani Shahrullah]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4557
<![CDATA[Children are the next generation of the nation who have the right to live a decent life and achieve a bright future. However, there are still many children in Batam City who are involved in the criminal act, including of sexual intercourse with other children under mutual will, so that in the end the child perpetrators must end up in prison. This study aims to find a solution so that the Principle of Presumptio Iures de Iure for Child Offenders having sexual intercourse with persuasion can be applied effectively. The argument is based on the fact that the child perpetrators often claims that they do not know their actions were classified as a crime which regulated in Article 81 paragraph (2) of the Child Protection Act. However, our country's law adheres to the Principle of Presumptio Iures De Iure, which means that everyone is considered to know the law without exception, so that one cannot avoid the rule of law by arguing that he/she does not aware of it. The research method used this study is Sociological Empirical. The research results show, First, the principle of presumption iures de iure on Article 81 Paragraph (2) of the Child Protection Act is not implemented effectively in Batam City. Second, the obstacle that causes ineffective implementation of this principle is the public's ignorance of the existence of this article. Third, the solution in order to implement this principle effectively is to carry out socialization and legal counseling to the community by the government intensively, especially to young people in Batam City.]]>
<![CDATA[Law Enforcement Challenges In Forest Destruction: Evidence from Batam City ]]>
<![CDATA[Andika Saputra]]>;
<![CDATA[Winsherly Tan]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4504
<![CDATA[Forests are a priceless gift and mandate from God Almighty and one that must be grateful for. Forests are a national development capital that has ecological, socio-cultural benefits and influences economic conditions as well as trade and industry conditions. Damage to the Batam City forest area due to illegal logging and theft of forest products and causing huge losses, so there is a need for a very fast handling. The problems studied in this research are forest protection arrangements and challenges to forest destruction law enforcement in Batam City. This study uses normative legal research methods. Normative legal research or library research is research that examines document studies, namely using various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of opinions of scholars. The results of the research show that law enforcement against forest protection Law Number 41 of 1999 concerning Forestry in exercising its authority to protect forests is carried out in a preventive and repressive manner.]]>
<![CDATA[Pengaruh Omnibus Law terhadap Kontrak Kerja: Studi di Kota Batam ]]>
<![CDATA[Oky Mayrudin]]>;
<![CDATA[Rina Shahriyani Shahrullah]]>;
<![CDATA[Ampuan Situmeang]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4563
<![CDATA[Since it was ratified on October 5 2020, the Omnibus Job Creation Law has still reaped consternation among workers. Basically, the Omnibus Law on Job Creation was made with the aim of improving the welfare of employees. In fact, employees feel disadvantaged by the existence of the Omnibus Job Creation Law, especially in the work contract section. In the Omnibus Law on Job Creation, it is not possible for employees to become permanent employees when their working period ends for a certain time. However, there are also benefits for employees with this new rule, namely employees will receive severance pay/compensation when their working period ends. However, employers have a way of not incurring additional expenses by tweaking employee contracts to be short-term to avoid employees getting THR.]]>
<![CDATA[Pemberian Kelonggaran Waktu Pemeriksaan Penundaan Kewajiban Pembayaran Utang Di Pengadilan Niaga ]]>
<![CDATA[Dianda Dyassaputri]]>;
<![CDATA[Nyulistiowati Suryanti]]>;
<![CDATA[Aam Suryamah]]>
<![CDATA[ Legal Spirit Vol 7, No 1 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widyagama Malang ]]>
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DOI: 10.31328/ls.v7i1.4506
<![CDATA[Article 2 letter C SEMA 1 of 2020 stipulates that the time limit for PKPU may exceed the time limit due to forced circumstances, which are not in line with the time provisions in the UUKPKPU. This study aims to examine and see the position of SEMA 1 of 2020 in the hierarchy of laws and regulations and the legal consequences of the enactment of SEMA 1 of 2020. The research method used is the normative juridical method with research specifications that are descriptive analytical, that is to describe laws and regulations analytically applicable regulations and legal theories are related to the issue of provisions for the time of postponement of debt payment obligations. The results of the study concluded that the position of SEMA 1 of 2020 is not included in the hierarchical arrangement of laws and regulations as stipulated in Article 7 paragraph 1 of Law Number 12 of 2011 or its position is under UUKPKPU which is recognized as long as it fulfills the requirements as stipulated in Article 8 of Law Number 12 of 2011 2011 and the legal consequence of the enactment of SEMA 1 of 2020 is that there is no legal certainty in paying debts to creditors because the settlement of debts and receivables through PKPU institutions will take a longer time than the provisions in UUKPKPU.]]>
