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INDONESIA
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 20 Documents
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Search results for , issue "Vol 7, No 2 (2023): Legal Spirit" : 20 Documents clear
Pekerja Perempuan Yang Terikat Perjanjian Kerja Waktu Tertentu Pada Object Vital Nasional Buwana, Sudibyo Aji Narendra; Sirajuddin, Sirajuddin; Solehoddin, Solehoddin
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4866

Abstract

The legal provisions and regulations contained in Law No. 13 of 2003 concerning Employment related to Specific Time Work Agreements (PKWT) can provide protection for workers in existing employment relationships. This is because when the application of the Specific Time Work Agreement (PKWT) system is not in accordance with the provisions and rules in Law No. 13th of 2003 concerning, of course, having an unfavorable impact on employment development, which aims to provide protection and justice for workers and laborers as part of human resource development in Indonesia, Researchers observed a gap between das sein and dass sollen. The formulation of the problem is how is the legal protection of women workers who are bound by PKWT to National Vital Objects in Kolaka Regency. The type of research used by researchers in this study is empirical-juridical. The research approach used is empirical-juridical, which is closely related to the case approach. Sources of legal materials use primary data, namely interviews and observations conducted by researchers by visiting the research site directly. Secondary data uses primary legal materials, namely applicable laws and regulations, secondary legal materials, namely books, journals, and relevant previous research results, as well as tertiary legal materials in the form of websites. Data collection techniques using in-depth interviews and observation All primary and secondary data in this study were collected and analyzed qualitatively. Conclusions are drawn deductively. The results of his research show that there are three legal protections: pre-employment, during employment, and past employment. The conclusion is that it consists of 3 legal protections, namely preventive legal protection for pre-employment (in the form of announcements of job vacancies, selection of prospective workers, Medical Check Up, and placement of workers); legal protection that is repressive during employment (in the form of providing wages based on the Provincial Minimum Wage/UMP, providing additional roster leave money for those who get roster leave rights, and providing annual allowances, granting leave rights in the form of annual leave, long leave, mass/together leave, roster leave and sick leave, special leave rights for women workers namely maternity leave, abortion leave, and menstruation leave, reimbursement for maternity expenses, protection for women workers when working at certain hours, permission to leave work while still receiving wages, protection for safety and health work by providing personal protective equipment, health insurance protection); as well as legal protection that is repressive in nature past employment, (in the form of the right to get BPJS Ketenagakerjaan pension benefits/JP, the right to get BPJS Ketenagakerjaan old age benefits/JHT benefits)
Pemaksaan Perkawinan Korban Dengan Pelaku Pemerkosaan Zahra, Fannia Al; Senjaya, Oci
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4578

Abstract

Legal systems around the world must provide effective protection for victims of rape and forced marriages. This includes ensuring that perpetrators are fairly processed and punished, and that victims receive the help and support they need to restore their health and safety. This study aims to determine the form of legal protection given to rape victims and efforts to avoid the practice of marrying rape victims to perpetrators. Scientific activities carried out are based on methods and systematics to get answers to the problems faced, so appropriate research methods are needed, the method used for this type of research is normative juridical. The nature of this research is perspective. Research with this type of perspective aims to get suggestions to solve a problem systematically. The approach used is a conceptual approach, which is derived from the ideas and thoughts of the doctrinal developments in the science of law.
Dampak dari Penanganan Pandemi COVID-19 Terhadap Penanaman Modal Asing Langsung di Indonesia Putri, Bianda Nathania
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4998

Abstract

Investment is an activity with the aim to seek long-term profits by buying stocks or securities. One of other types of investment is Foreign Direct Investment (FDI) which focused on investment activity to do business in a country carried out by foreign nationals with foreign capital or in partnership with domestic investors. FDI has many benefits for the host country and as the investing party, in the form of enriching the countries, industrial and technological progress, and increasing economic growth. But behind all benefits, in doing FDI there are risks that can be faced by foreign investors. These risks are triggered by political instability, inconsistency and incompetence of law enforcement, weak economy in a country, and can also be triggered by the spread of a disease on a massive scale. This research uses normative juridicial aapproach method and uses a qualitative approach. The result of this study shows that political, legal, and economic risks in a country have a negative impact on FDI and foreign investors. Furthermore, the COVID-19 pandemic and the handling by the Indonesian Government are in fact inconsistent and unresponsive which cause a domino effect on society, FDI, and also foreign investors.
Kemudahan Akses Kutipan Buku Leter C Sebagai Bukti Kepemilikan Hak Atas Tanah Oleh Pemerintah Desa Laila, Khotbatul
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4773

Abstract

Ease of access to land letter C book excerpts as proof of ownership of land rights by the village government in the context of public information disclosure. The research method uses empirical legal research with a sociological juridical approach. The results of the research show that in providing easy access to quotations from letter C books as proof of ownership of land rights by the village government in the context of public information disclosure, the village government is guided by the provisions of the applicable laws and regulations, although still in a conventional way, namely based on a letter of application from the applicant and then the village government issues a land history statement based on the letter C book in the village to be given to the applicant provided that the applicant is a party who has a legal relationship with the object for which the letter C quotation is requested. If these requirements are not met, the village government will not issue the requested Letter C quotation, except by order of the court. The obstacles faced by the village government in providing easy access to quotations from the letter C book as proof of ownership of land rights in order to realize openness of public information and alternative solutions are the disorderly administration of the village government, especially in the village letter C book, data (information) in the letter C book. but it does not match the reality and the condition of the Letter C book is outdated (difficult to read) as well as political differences during the village head election. Alternative solutions include encouraging PTSL programs in villages, digitizing letter C books, providing outreach to the community about the importance of title ownership certificates as proof of legal ownership.
Metode Nominee Agreement Saham Pada Bidang Usaha Bersyarat di Indonesia ivana, ivana
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.5026

Abstract

Legally, the concept of the nominee is recorded in the articles of association of a company as the actual owner before the law while the principal investor is the controller of the nominee so it is difficult to deny that this method is one way for principal investors to circumvent the provisions and restrictions given by the government for them to control a number of shares. So that in its existence this type of agreement still exists and develops in the legal ecosystem in Indonesia. This article aims to analyze the practice of investment using nominee agreement shares, especially in the field of conditional open business in Indonesia. Data is collected from literature sources and legal documentation. This research uses normative legal research methods to find the truth based on the logic of legal science from the normative side. The results of this study indicate that the restrictions imposed by the Indonesian government on investment by foreign parties are one of the backgrounds for the emergence of the Nominee concept in share ownership, which is widely known as nominee shareholders. This can be done and differentiated into two, namely nominee share arrangement and nominee agreement, but in Indonesia more use the practice of nominee share arrangement where the proof of this action can be said to be difficult.
Asas Kemanfaatan Dan Asas Keadilan Dalam Penetapan Upah Minimum Sari, Destya Permata; Subekti, Rahayu
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4873

Abstract

The research in this article aims to find out whether the mechanism implemented in determining the minimum wage for the City of Surakarta in 2022 is or is not in accordance with Government Regulation Number 36 of 2021 concerning Wages, and to analyze whether or not the decision of the minimum wage for the City of Surakarta in 2022 has fulfilled the principles of expendiency and fairness for workers and employers. This research uses a type of empirical legal research with a descriptive nature, then the data is analyzed qualitatively. The study shows the results that the mechanism for determining the minimum wage for the city of Surakarta in 2022 is normatively not fully in accordance with Government Regulation Number 36 of 2021 concerning Wages. In addition, the decision of the Surakarta Minimum Wage for 2022 has not been able to fulfill the principles of expendiency and fairness for workers and employers, due to significant changes in the mechanism for setting the city's minimum wage for 2022 and the role of workers and employers in the city minimum wage setting process is still strictly limited by applicable regulations.
Pemenang Lelang Eksekusi terhadap Jaminan Tanah yang Belum Bersertifikat Sugianto, M Udik; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4611

Abstract

The large number of people who do not have proof of land ownership is an obstacle in obtaining credit from banks. However, responding to this, the bank allows the bank to be able to accept credit submitted to it. However, it becomes a problem when the auction winner wants to transfer the rights to the land, it cannot be done because the land has not been certified, which results in the auction winner not being able to pay the BPHTB. The research method used is normative legal research. Legal regulations regarding auctions for land that have not been certified are contained in Article 41 Paragraph 4 of the PP on land registration, Articles 76 and 108 of the Regulation of the Minister of Land Registration, Article 34 of PMK Implementation of auctions. Meanwhile, the conflict that occurred was Article 83 of the PMK for the Implementation of the Auction, which required the auction winner to pay BPHTB, while Article 2 of the BPHTB Law states that land that has not been certified does not include land rights. The solution provided by the author is: the head of the land office and the head of the KPKNL provide concessions for BPHTB payments and change the laws and regulations related to allowing uncertified land to be auctioned.
Peran Pemerintah Desa Dalam Pendaftaran Tanah: Sebuah Perlindungan Hukum Kepada Pemegang Hak Atas Tanah Taupiqqurrahman, Taupiqqurrahman; Hadi, Syamsul; Zaifa, Gilang Abi
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.5018

Abstract

Land registration is one of the efforts to protect the community's ownership rights over the land they possess. In land registration, the primary starting point is the village government, as all origins of land registration must go through the village government. In carrying out its role, the village government often encounters obstacles that disrupt the land registration process. The purpose of this research is to identify the obstacles faced by the village government in its role in land registration and to determine the efforts needed to enhance the village government's role in land registration. The research method used is a normative juridical approach with a focus on legal regulations, supplemented by interview results. The results of the discussion reveal several obstacles experienced by the village government in carrying out its role in land registration. These obstacles include unresolved land ownership disputes, unclear land boundaries, limited human resources at the village level, and the absence of standardized regulations regarding supporting land registration documents. The efforts required to enhance the village government's role in land registration include conducting public awareness campaigns about the importance of land registration, providing training to village government personnel, and establishing standardized documentation for supporting land registration documents
Tumpang Tindih Sertifikat Tanah Aziziyah, Alvina Nur; Tien Fitriyah, Mas Anienda
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4807

Abstract

Overlapping land certificates (Overlapping) is a situation where there are land parcels that overlap with other land parcels and there are multiple certificates for the same land parcel. This study aims to determine the causes of overlapping land certificates (overlapping) both in terms of internal factors and external factors and legal remedies for settlement and future legal remedies to overcome overlapping land certificates (overlapping). This research uses empirical juridical methods or research in the field that examines the implementation or implementation of applicable legal provisions and facts that occur in society. Data collection was carried out by field studies. Data analysis was carried out using qualitative analysis methods and using a qualitative approach. The results of this study indicate that the causes of overlapping certificates (overlapping) are digitalization and also a lack of land maintenance by the community. The legal effort that can be taken to resolve the dispute is by canceling the certificate which of course has gone through several stages of the process and the future legal action is to routinely conduct outreach to certificate holders and the Ministry of Agrarian Affairs/BPN will immediately carry out electronic certificates in order to reduce overlapping land certificates (overlapping).
Misbruik Van Omstandigheden Sebagai Dasar Pembatalan Akta Pengikatan Jual Beli Angelina, Ajeng Julia; Kartika, Adhitya Widya
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4876

Abstract

Indonesia has legal regulations which are the result of a combination with Dutch law, one of which is civil law in Indonesia which is regulated in the Civil Code or the Civil Code. Over time, legal developments have undergone significant changes following the needs of today's society, one of which is the addition of misbruik van omstandigheden or abuse of circumstances as a new form of handicapped will in the Netherlands, on the other hand, the Indonesian Civil Code has not been added to the Civil Code, but in its implementation, many judges have used the doctrine of abuse of circumstances in deciding a case in court. This research will further discuss the terms of abuse of circumstances based on the study of the decision. The research method used in this study uses a qualitative analysis method with literature study and is a type and type of normative juridical research carried out by examining existing legal norms through library research with the aim of further analyzing the requirements of misbruik van omstandigheden. Based on the results of the research, it can be concluded that the decision of the Mataram District Court Number 234/Pdt.G/2020/PN Mtr has fulfilled the conditions for misuse of circumstances.

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