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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 20 Documents
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Search results for , issue "Vol 7, No 2 (2023): Legal Spirit" : 20 Documents clear
Konstruksi Perjanjian Finansial Teknologi Pembiayaan Multiguna Shopee Pay Later Pada E-Commerce Shopee Indonesia Qomariyah, Lailatul; Fitriyah, Mas Anienda Tien
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.v7i2.4627

Abstract

The convenience provided by online loans has a risk if the debtor fails to pay, especially since there is no guarantee in this online loan system. This, of course, will be disastrous for creditors. Shopee Pay Later, one of the marketplace-based online loan providers from the Shopee application, provides loans for users through the distribution of multipurpose financing online without collateral. This research uses a normative-juridical method. The SPayLater multipurpose financing agreement, literature studies, and laws and regulations are the data sources. Conceptual and statutory approaches become the basis for further qualitative analysis, which is explained descriptively and analytically so as to obtain systematic results and conclusions related to the problems studied. Based on the findings of this research, the P2PL fintech financing agreement has been legally regulated in Financial Services Authority Regulation No. 10/POJK. 05/2022 concerning information technology-based money lending and borrowing services (LPBBTI). The SPayLater multipurpose financing agreement has been made in accordance with applicable legal provisions and fulfils the legal requirements of the agreement. This financing agreement forms a legal relationship between the creditor and the debtor. The service provider only acts as an intermediary for the creditor in selecting prospective debtors and resolving disputes internally so that the parties can immediately fulfil their respective obligations.
Addressing Indonesian Child Marriage: Comparative Study of Global Standards and Best Practices Situmeang, Ampuan; Silviani, Ninne Zahara; Fitri, Winda
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.v7i2.5022

Abstract

Child marriage is a significant human rights issue as it deprives children around the world of their childhood, education, and safety. Its unfortunately a practice that still has prevalence in Indonesian society. This research is done for the purpose of analyzing the threat of child marriage and the urgency for a dedicated effort to tackle this issue normatively. Through the normative legal research method and supported by comparative analysis, this research analyzes how the Indonesian legal framework fare up to international human rights standards and best practices around the world, in tackling the practice of child marriage. Findings of this research suggest that child marriage can still be considered a neglected human rights abuse, due the minimum number of legal developments throughout the years. The findings expose the legal loophole and the lack of criminalization which can contribute to the prevalence of this dangerous phenomenon. This research serves the purpose of the betterment of human rights protection in Indonesia, specifically on vulnerable underage girls, by providing insights and recommendations that the government may consider for future legal development.
The Authority Of Bank Indonesia In Issuing Legal Products According To The State Auxillary Agencies Theory Saifulloh, Putra Perdana Ahmad; Azheri, Busyra
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.v7i2.4815

Abstract

As an State Auxillary Agencies. Bank Indonesia is authorized to make it’s own legal products that bind the public. Currently the product of he regulation is in a Bank Indonesia Regulation, as a consequence of one of the characteristics of an State Auxillary Agencies namely a self regulatory body. From this study it may be concluded that Bank Indonesia only has the authority to enforce the delegation’s regulation. Second, Bank Indonesia, in the hierarchy of regulations, should be in line with Presidential Regulations. Third, the Governor of Bank Indonesia may make State Administative Decisions in accordance with his authority. Fourth, the stages of formation of Bank Indonesia Regulations in the Bank Indonesia Regulation concerning the establishment of Regulations at Bank Indonesia, include: a.planning; b.arrangement; c.discussion; d.determination; e.promulgation; and f.dissemination. Fifth, the establishment of a Bank Indonesia Regulation in order to prioritize meaningful public participation in the process of its information, especially to involve academics. For this reason, according to the author, academics need to be empowered by Bank Indonesia in the establishment of Bank Indonesia in the Framework of improving the State Auxillary Agencies.
Online Gender-Based Violence Study: Analysis Of Violence Against Woman Eleanora, Fransiska Novita; Lestari, Melanie Pita; Ismail, Zulkifli
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.v7i2.4883

Abstract

The wider and more sophisticated the reach and development of information technology, the more popular the use of social media. However, it turns out that this technological advancement has presented a new form of violence against woman, namely online gender-based violence. This online gender-based violence can result in harm or suffering in physical, mental or sexual form, threats, coercion and the deprivation of liberty. Therefore, in this study, we will discuss Online Gender-Based Violence as a Form of Violence Against Woman. The research method used is a normative juridical research method. Based on this research, it was found that in order to prevent the occurrence of online gender-based violence, women must be aware of digital footprints, because they can be used by irresponsible parties to commit online gender-based violence and the impact can be very cruel. Woman are also less aware of the potential threats related to personal data that deviate from large impacts such as fetishization, online harassment and humiliation, threats of online violence to online trafficking of woman. Keywords : violence; gender online; woman
Kedudukan Menteri Triumvirat Dalam Ketatanegaraan Indonesia Gunawan, Edwin; Abas, Muhamad; Akbar, Muhammad Gary Gagarin
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.v7i2.4695

Abstract

The Triumvirate Ministers are the three ministers namely the Minister of Foreign Affairs, Minister of Home Affairs, and Minister of Defense who are said to be carrying out presidential duties if the President and Vice President resign in the middle of their term of office simultaneously. This is stated in the mandate of the 1945 Constitution of the Republic of Indonesia as the basis for implementing statutory regulations. This writing aims to explore the issues raised in this study, namely, the position of the Minister of the Triumvirate in the Indonesian constitution and legal settlement in the event of a dispute in the formation of the three Ministers of the Triumvirate. In this study the authors used the normative juridical method. The results of this study are that the position of the minister of the Triumvirate is confirmed in the 1945 Constitution of the Republic of Indonesia Article 8 paragraph (3), but it is not clarified by other laws and regulations, so that his position is not standardized by law. And also if there is a dispute within the Triumvirate Ministers, the resolution is that the Constitutional Court has the duty and authority to resolve disputes between the Triumvirate ministers regarding who has the most authority to fill presidential duties.
Doctrinal Effect: Implikasi Yuridiksi Ekstrateritorial Hukum Persaingan Usaha Esternella, Milka Belatrix
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.v7i2.5024

Abstract

The Effects Doctrine creates an important basis for the application of local law outside of its territory. It reflects the understanding that in this day and age, actions taken in one jurisdiction can significantly affect other jurisdictions. The use of competition law extraterritorial jurisdiction, based on the effects doctrine, has long been debated. The purpose of this study is to discuss the application of extraterritorial jurisdiction to competition law in Indonesia. This research uses the normative juridical method to analyze legal norms and principles. The approaches used include statutory approach, comparative law approach, and case approach. The result of this research is that regulations regarding the prohibition of monopolistic practices and unfair business competition have not explicitly regulated extraterritorial norms in Indonesia. However, the Business Competition Supervisory Commission made a legal breakthrough by applying the extraterritorial principle to resolve the involvement of foreign business actors and impose sanctions on them. This article argues that Indonesia significantly needs to amend its competition law and increase cooperation with other countries to enforce competition law.
Sistem Cash on Delivery Dalam Prespektif Hukum Perlindungan Konsumen dan Ekonomi Islam Dewi, Marchelia Fitria; Prayuti, Yuyut
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.v7i2.4819

Abstract

Economic activities are closely related to transactions such as to support the needs of oneself, family, and the wider community. In connection with that, buying and selling through electronic media such as using the Cash On Delivery payment system which is a form of trade or business interaction is one of the economic phenomena of mu'amalah that is currently rife. Therefore, Islam has taught that the terms and conditions of buying and selling transactions must be in accordance with the Shari'a, such as avoiding defects such as not fulfilling the conditions of the goods being traded, both the type, quality, and quantity, price, and there is no element of coercion, fraud, harm, or other conditions that make up the pillars of buying and selling. So the purpose of this research is to examine the legal protection of cash on delivery transactions in online buying and selling from the perspective of consumer protection and Sharia economic law. This research is a descriptive analytical normative legal research, using legislative and conceptual approaches. As a result, buying and selling is a fundamental component of Islamic Shariah, and adhering to these pillars is essential for a successful and legitimate transaction.Accordingly, Islamic jurisprudence deals with the order of purchase and sale, where the permissibility of transactions with al-salam aims to increase the convenience of business by allowing goods to be delivered later.Thus the use of the COD method, which allows payment on the spot, reduces fakes and hazards such as goods that do not match the size, shape, color, or packaging ordered.
Efektivitas Mediasi Terhadap Perselisihan Pemutusan Hubungan Kerja Pada Dinas Perindustrian Dan Tenaga Kerja Ekawati, Margareta Dany; 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.v7i2.4916

Abstract

This article aims to analyze whether mediation for the settlement of disputes over termination of employment in Department of Industry and Labor of Sukoharjo has been effective enough or hasn’t been effective also to find out the obstacles that have been encountered by the mediators while handling the mediations in in Department of Industry and Labor of Sukoharjo. This article uses empirical legal research method  by directly examining research from the field and the nature of the research and the approach used is descriptive analytic.The result of this study indicates that the mediation for the settlement of disputes over termination of employment in Department of Industry and Labor of Sukoharjo hasn’t been effective enough, especially on law factor and cultural factor. In addition, the obstacles that have been encountered by mediators while handling the mediations are first, both parties stand on their own opinion and no one wants to settle down that makes it harder to find the solution, second, the employers can not attend the assembly, third, the employers are hard to cooperate with, lastly, the Covid-19 pandemic that is still spreading.
Peranan E-Government Dalam Mitigasi Dampak Perubahan Iklim Suharnata, Suko; Shahrullah, Rina Shahriyani
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.v7i2.4756

Abstract

This legal scientific paper not analysis in depth role e-government in mitigating the impact of climate change in the Riau Islands region. As it is known that climate change is a serious topic of discussion for every country. The climate change that is happening in the Riau Islands region has an impact on almost all sectors ranging from health, agriculture, to changes in the number of islands in the Riau Islands. The preparation of this paper was carried out using normative and empirical methods through literature studies and interviews and observations so that the results of the analysis are described descriptively to find out the answers to the legal issues under study. The results of the research and discussion show that the impact of climate change in the Riau Islands over the past 20 years has triggered floods, extreme weather, extreme waves and abrasion, forest and land fires, and landslides. A number of risks resulting from these natural disasters can be prevented and minimized through mitigation measures by the Riau Islands Provincial Government. The e-government service through Kepri Smart Province has in fact not accommodated the public's need for disaster mitigation, so that currently the community still relies on two main mobile applications namely InaRISK Personal and BMKG Info. It is hoped that in the future the Riau Islands Provincial Government can develop and optimize the Riau Islands Smart Province service through the existence of a special service that provides information and early warning of disasters throughout the Riau Islands.
Pemilu Adil dan Bermartabat: Suatu Tinjauan Sistem Hukum Lawrence M. Friedman Razak, Askari
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.v7i2.5025

Abstract

The effectiveness of regulations regarding elections that are able to provide fair and appropriate sanctions in any election violations that have been committed based on the applicable legal system can determine the success of organizing transparent and accountable elections. Lawrence M. Friedman explains the elements of the legal system consist of legal structure, legal substance, and legal culture. This research is a normative legal research that uses a conceptual research approach using primary legal materials, secondary legal materials, and non-legal materials. The result of this research is that the legal structure related to general elections still has obstacles related to the efforts to process the handling of alleged election criminal violations. In terms of legal substance, Law Number 7 Year 2017 needs to explain in more detail about election crimes and the qualifications of actions taken are offenses or crimes. As well as in terms of legal culture, both election organizers, election participants and the public as voters have not fully realized the nature or purpose of general elections. So that law enforcement in general elections based on Law Number 17 of 2017 concerning General Elections has not been effective based on a review of the legal system according to Lawrence M. Friedman.

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