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
Articles
195 Documents
<![CDATA[Perlindungan Hukum Konsumen Muslim Atas Produk Pangan Tidak Bersertifikat Halal Di Kota Batam ]]>
<![CDATA[Tommy Liusudarso]]>;
<![CDATA[Junimart Girsang]]>;
<![CDATA[Ampuan Situmeang]]>
<![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.v6i2.3846
<![CDATA[The city of Batam is a city with a population that is predominantly Muslim, where in ensuring every believer of religion to worship and carry out his religious teachings, In ensuring that all food products circulating in Batam City do not contain unlawful/not in accordance with Islamic law, the government has regulated in the laws and regulations, where products that enter, are circulated, and traded in the territory of Indonesia must be certified halal. To analyze the problem of legal protection for consumers for food products that are not certified halal, it can be analyzed with the Theory of Legal Protection from Philipus M. Hadjon. The objectives to be achieved in this study are: To analyze the legal protection of consumers for non-halal certified food products circulating in Batam City. From the results of the study, it can be seen that preventive and repressive legal protection for consumers for food products that are not halal certified has been accommodated in the Legislative Regulations, but the preventive efforts made by the government are still not optimal in this case the Halal Product Guarantee Agency (BPJPH). because there are still many non-halal food products circulating and being traded.]]>
<![CDATA[Perlindungan Hukum Pada Anak Korban Kekerasan Seksual Yang Dilakukan Oleh Oknum Pemilik Pondok Pesantren Di Bandung ]]>
<![CDATA[Komala Sari]]>;
<![CDATA[Taun Taun]]>
<![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.v6i2.4102
<![CDATA[Children are gifts that have been given by God to always be guarded and protected. Children are referred to as the young generation who play a role and become the nation's successor, and their physical growth and development must be guaranteed. The number of cases of violence against minors today is not only in open society but can also occur in Islamic boarding schools. This writing aims to provide information on legal protection against sexual violence against minors and the factors that cause sexual violence by unscrupulous owners of Islamic boarding schools in Bandung. The research method used is the method of writing normative law. The results of the study can be said that the important role of parents, society and government in terms of child protection has also been regulated through positive law in Indonesia, both for prevention and for what is currently stated in written form which includes people who commit crimes with criminal threats. The occurrence of sexual violence in Islamic boarding schools is the result of the power factor.]]>
<![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.]]>
