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[Harmonisasi Jabatan Notaris Dan Informasi dan Transaksi Elektronik Dalam Cyber Notary ]]>
<![CDATA[Kautsar, Mensalathiif]]>;
<![CDATA[Salam, Abdul]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.5241
<![CDATA[In the industrial revolution 4.0, everything is becoming digital. Additionally, the COVID-19 pandemic, and the difficulty of meeting face to face at that time, pushed everything to be done electronically or online. This is no exception for notaries, who have difficulty adapting to this all-electronic era. This research is doctrinal research which uses materials, namely literature and statutory regulations. The research results show that the Information and Electronic Transactions Law has accommodated the existence of electronic documents and information, but the Law on Notary Positions cannot expressly recognize the existence of electronic documents to be included in authentic deeds. Where other countries have adapted this cyber notary, Indonesia has not been able to apply it due to obstacles in these regulations. The exceptions contained in the Information and Electronic Transactions Law can be removed to provide space for cyber notaries in Indonesia, but the Notary Position Law must also be adjusted to provide clear guidelines for the implementation of cyber notaries.]]>
<![CDATA[Hak Cipta Atas Program Komputer Berdasarkan Hubungan Kerja ]]>
<![CDATA[Madani, Shailawa Ramb]]>;
<![CDATA[Yudhantaka, Lintang]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.5474
<![CDATA[Computer programs, as one of the creations protected through intellectual property rights, are generally created by the initiative of the creator, orders, or based on employment relationships. Creations formed based on employment relationships often lead to disputes over ownership rights. This is related to the party that initiates the idea, the party involved in the creation process, and the supervision and evaluation of the creation. This research uses a normative juridical research method, which examines an issue through literature review with descriptive analytical data analysis methods. The research results indicate that creations designed through an employment relationship require legal certainty regarding the limitations of the employment relationship referred to in the Copyright Law.]]>
<![CDATA[The Legal Framework of E-Commerce Taxation in Indonesia and Singapore ]]>
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Girsang, Junimart]]>;
<![CDATA[Abao, Grace Angela]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.5433
<![CDATA[The aim of this research is to conduct a comparative analysis of the regulation and implementation of e-commerce taxation rules in each country, as measured through their impact on the economies of these nations. This study employs a normative juridical approach. The findings indicate that Indonesia could benefit from learning from Singapore, one of the leading Asian countries in terms of economic growth derived from the e-commerce sector. This serves as evidence of the success of implementing taxation regulations and legal frameworks related to e-commerce in Singapore. Minister of Finance Regulation Number 60 of 2022 (PMK Number 60/2022) represents a strategic step in regulating e-commerce taxation in Indonesia, granting the government the authority to establish order, fairness, and sustainable economic growth in the digital era. In response to the challenges presented by e-commerce, Singapore has made adjustments to its taxation regulations, even though there are no specific provisions in place for the digital economy. The guidelines issued by the Inland Revenue Authority of Singapore (IRAS) serve as crucial reference points for determining tax obligations in e-commerce transactions, taking into account factors such as production location and website hosting]]>
<![CDATA[Penataan Peraturan Desa dalam Sistem Peraturan Perundang-undangan ]]>
<![CDATA[Sirajuddin, Sirajuddin]]>;
<![CDATA[Fatkhurohman, Fatkhurohman]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.6326
<![CDATA[Villages have actually been existing before the Republic of Indonesia was established, but in the journey of this Republic of Indonesia, they are often intentionally designed by the law-forming state elite. One of the main causes for the presence of the various portraits of the marginalization is the absence of respect, protection and the fulfillment of village community autonomy in our Constitution that has been amended 4 (four) times. This directly implies on the obscurity of the existence and position of village regulation and legal products in executing village authority and autonomy. The present research is aimed at (1) explaining the existence and position of village regulation in various legal products arranging the hierarchy of regulations; (2) finding a design of the setting of existence and position of village regulation in the hierarchy of the regulations based on the recognition and subsidiary principles in the village community autonomy. A normative juridical with an analytic descriptive specification based on the legal history and statutory approach. The result shows that the existence of village regulations will be recognized and they will possess a binding power if they are formed on the basis of the instruction of the higher regulation or authority. The village regulations, however, are made to reinforce and guard the subsidiarity and recognition principles-based village autonomy. In order to arrange the existence and the position of village regulations in the system of regulation, further changes of the Constitution have to accommodate the arrangement of village community autonomy. The existence and position of village regulatios should be strengthened in the statutory system in order to guard and reinforce village autonomy so that villages become autonomous and may maintain their local wisdom, economic and ecological sustainability, and their local wisdom-based economic growth.]]>
<![CDATA[Guardians of Privacy: Unraveling the Tapestry of Personal Data Protection in Indonesia and France ]]>
<![CDATA[Ariani, Merizqa]]>;
<![CDATA[Amboro, FL. Yudhi Priyo]]>;
<![CDATA[Nurlaily, Nurlaily]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.5460
<![CDATA[The rapid advancement of technology has facilitated easier access to information but has concurrently heightened the risks associated with the security of personal data. This has raised concerns about individual privacy, prompting the enactment of regulations for the protection of personal data. Legal enforcement becomes crucial to ensure proper treatment of personal data. Indonesia responded to the increasing cases of data breaches by enacting the Personal Data Protection Act in 2022. However, incidents of data leaks persist. France boasts a well-established data protection law, notably the General Data Protection Regulation (GDPR), which provides comprehensive guidelines for the management of personal data. There are similarities and differences in the approaches of the two countries. Both emphasize principles such as fairness, transparency, and responsibility. However, France highlights openness and integrity, while Indonesia places a greater focus on fairness and responsibility. Individual rights take center stage in both regulatory frameworks, with an emphasis on access, correction, and deletion of data. France introduces the rights to protest and data portability to afford individuals greater control over their personal data. Sanctions and legal enforcement are also crucial in safeguarding personal data. Both countries impose sanctions, though there are variations in implementation and enforcement. This research aims to provide a better understanding of the differences and similarities in the frameworks for personal data protection between Indonesia and France, with the goal of strengthening data protection and enhancing public awareness.]]>
<![CDATA[Data Pribadi Nasabah Pada Penyedia Jasa Pinjaman Online ]]>
<![CDATA[Manggala, Ferdiansyah Putra]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.5322
<![CDATA[The emergence of various fintech-based companies in the increasingly widespread field of online lending and borrowing has brought several new legal problems, namely the large number of personal data belonging to user customers appearing on various sites or illegal online loan applications, so that collection actions are carried out in an intimidating manner. Issues taken regarding the form of legal protection for customers' personal data in online loans, what forms of responsibility of online loan service providers in the event of leakage and misuse of personal data against customers, and future arrangements regarding the protection of personal data for customers entering into online loan agreements. This research uses a normative juridical research type using a statutory approach, a comparative approach, and a conceptual approach. The form of legal protection is in accordance with M. Isnaeni's view, namely through internal protection where protection is realized through agreement clauses in accordance with Article 26 POJK 77/2016, and external protection emphasizes the protection provided by the government through the ratification of the UUPDP. The responsibilities of online loan providers have been regulate in Article 37 POJK 77/2016, for errors or omissions that are the responsibility of the organizer, forms of accountability in the form of compensation, compensation, and criminal provisions. As well as future arrangements regarding the protection of personal data, the existence of the UUPDP has not been able to reach public protection because there are no implementing regulations that further regulate technical implementing regulations regarding personal data protection practices.]]>
<![CDATA[Tindak Pidana Penganiayaan Ringan: Sebuah Perspektif ]]>
<![CDATA[Mustafa, Winarti]]>;
<![CDATA[Abdulajid, Syawal]]>;
<![CDATA[Amriyanto, Amriyanto]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.5475
<![CDATA[Restorative Justice is a new approach emphasizing dialogue and peace in crime resolution, prioritizing addressing the core issues between individuals. In cases of assault, which involve unlawful acts causing harm or injury, Restorative Justice is typically applied to minor cases. However, Police Regulation Number 8 of 2021 expands Restorative Justice to encompass both minor and severe assault cases, as implemented in North Halmahera Police Resort. This empirical research collects primary and secondary data through field studies and literature reviews, employing qualitative analysis. Findings highlight the urgency of police implementation of Restorative Justice in assault cases to achieve substantial and balanced justice. Implementation has occurred in North Halmahera Police Resort in accordance with Police Regulation Number 8 of 2021, yet faces challenges such as socialization, cultural adaptation, and coordination between victims and perpetrators. Future law enforcement policies based on Restorative Justice must adapt to existing challenges, including wider socialization and cultural adaptation. Understanding the importance of victims' and perpetrators' presence in the Restorative Justice process also requires enhancement.]]>
<![CDATA[Bentuk Pengaturan Perbankan Digital di Negara Indonesia dan Singapura ]]>
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Jerryen, Jerryen]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.5438
<![CDATA[Technological developments and digital transformation have had a significant impact on the banking industry sector, triggering the rapid growth of digital banking. This research aims to examine the regulation of digital banking in the era of digital banking transformation by focusing on the comparison between Indonesia and Singapore. This research uses normative juridical research with a statute approach and comparative approach. The results of this research provide in-depth insight into the differences and similarities in regulatory approaches to the level of security, innovation and digital banking penetration between Indonesia and Singapore. The results of this research bring a comprehensive understanding of how the two countries respond to the challenges and opportunities in the era of digital banking transformation which is expected to contribute to the development of digital banking in Indonesia today.]]>
<![CDATA[Restorative Justice Di Wilayah Hukum Polres Singkawang ]]>
<![CDATA[Handoko, Sri]]>;
<![CDATA[Hakim, Lukman]]>;
<![CDATA[Sirajuddin, Sirajuddin]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.6335
<![CDATA[A criminal act is a violation of norms regarding disruption of legal order intentionally (dolus) or unintentionally/negligently (culpa) committed by the perpetrator, where the imposition of a prison sentence on the perpetrator is necessary for the maintenance of legal order and also guaranteeing the interests of the general public. In social life, criminal acts are often found which are often resolved with restorative justice in the police. However, this settlement does not provide a deterrent to the perpetrators who end up repeating the criminal acts they previously committed or being repeated. Repetition of criminal acts as a result of resolving cases using a restorative justice approach is interesting for research, where the problem raised is what the concept of restorative justice is like and why settlements using restorative justice still provide the potential for repetition of criminal acts so that there is a need for legal construction in the future. The results of this research show that the concept of restorative justice as an alternative for resolving cases in the Police is carried out in order to realize justice, benefit and legal certainty, which is the hope of the community, so the National Police has opened up opportunities to resolve criminal cases through a restorative justice mechanism. In terms of the concept applied in the field, resolution using a restorative justice approach cannot be blamed as a reason for repeat criminal acts by the perpetrator. Because the repetition originates from the subject of the perpetrator himself.]]>
<![CDATA[The Proliferation of Undocumented Indonesian Migrant Workers in Batam: A Legal Analysis ]]>
<![CDATA[Guswandi, Cynthia Putri]]>;
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Syarief, Elza]]>
<![CDATA[ Legal Spirit Vol 8, No 2 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i2.5468
<![CDATA[Indonesian Migrant Workers refer to any citizen who is currently or has engaged in employment beyond the borders of Indonesia, receiving wages or compensation. The prevalent issue at hand is the rising number of Indonesian Migrant Workers operating illegally, driven by individuals offering unofficial services with enticing proposals to the public. This study employs a normative legal research approach, utilizing secondary data that encompasses primary legal materials such as Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, secondary legal materials including articles, news, and other literature, as well as tertiary legal materials. Indonesia actively takes part in addressing the concerns of Indonesian Migrant Workers by enacting Law Number 18 of 2017 to ensure the fulfillment of their rights and legal protection, including criminal provisions against wrongdoers. Efforts to address this issue involve public awareness campaigns and legal measures against those engaging in criminal activities.]]>
