cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
M. Ramadhana Alfaris
Contact Email
pps@widyagama.ac.id
Phone
+6281217783216
Journal Mail Official
pps@widyagama.ac.id
Editorial Address
Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang
Location
Kab. malang,
Jawa timur
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 195 Documents
 10   11   12   13   14 
Pengaruh Omnibus Law terhadap Kontrak Kerja: Studi di Kota Batam Oky Mayrudin; Rina Shahriyani Shahrullah; Ampuan Situmeang
Legal Spirit Vol 7, No 1 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i1.4563

Abstract

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.
Pemberian Kelonggaran Waktu Pemeriksaan Penundaan Kewajiban Pembayaran Utang Di Pengadilan Niaga Dianda Dyassaputri; Nyulistiowati Suryanti; Aam Suryamah
Legal Spirit Vol 7, No 1 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i1.4506

Abstract

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.
Legal Protection for the E-Auction System for the Purchase of Pledge Objects at Office Services and State Wealth Auctions (KPKNL) in an Islamic Perspective Helena Margaret
Legal Spirit Vol 7, No 1 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i1.4575

Abstract

Indonesia is known as a country whose people experience many problems related to debt receivables. However, education regarding collateral rights is still minimal. Therefore  , the government provides solutions related to education on the auction of objects through socialization.  The purpose of  this study discusses  the  process and protection of  legal certainty related to E-Aution of purchasing pawn objects at the  KPKNL service seen in its Islamic perspective.   This type of research     is qualitatively narrative by examining various literature to be discoping into research results. Thereason  is,  there is  socialization related to E-Auction because there is still minimal trust from  the E-Auction  system.  It was seen that  there were many cases of   irresponsible auctions and plus the  majority of Indonesians were Muslims, so the KPKNL  office provided progress from collaboration between managers  Syar'i-based  which is still categorized as new. However,  the collaboration process  between KPKNL and BSI fosters confidence and trust if  the implementation of  the E-Auction  is in accordance with Minister  of Finance Regulation No.  106 / PMK.  06/  2013 on E-Auction and No. 93/PMK. 06/2010 i.e.   preventive protection of auction winners
Harmonisasi Jabatan Notaris Dan Informasi dan Transaksi Elektronik Dalam Cyber Notary Kautsar, Mensalathiif; Salam, Abdul
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5241

Abstract

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.
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)
Indonesia Sebagai Anggota International Centre For Settlement Of Investment Disputes Casily, Stephanie
Legal Spirit Vol 8, No 1 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i1.5191

Abstract

International Centre For Settlement Of Investment Disputes (ICSID) is an effort to settle investment disputes by means of arbitration. This institution aim to create a just, effective, and fair treatment towards both contracting parties which are (a) investor from another state and (b) host state. As dispute might rise within an investment contract, Indonesia believes that by joining ICSID, the investors will be given the ultimate protection of unfair treatment from Indonesia. This is due to the fact that investors are allowed to bring such dispute into the arbitration of ICSID, should a violation is being conducted. Even if the intention of Indonesia to join ICSID was made in good faith, many violations of the investor’s responsibility result in many cases of ICSID. Moreover, ICSID’s claim to solve a dispute with effective, and fair treatment towards both contracting parties are at stake, considering there are a lot of cases that require more than 10 (ten) years to be settled. Therefore, many people are expressing their concern of Indonesia’s status as one of the ICSID member. The method of  this research is based on a Case Based Approach and considered as a normative legal research as it’s type in order to answer the research question regarding Indonesia’s status as an ICSID member. 
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.
Tindak Pidana Kesusilaan Di Media Sosial Agustina, Agustina; Purnomo, Sagita
Legal Spirit Vol 8, No 1 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.5047

Abstract

This study aims to examine the elements of criminal acts of decency on social media, as well as comprehensively discuss policies and law enforcement against perpetrators of criminal acts of decency. This type of research is normative juridical with a descriptive-analytical approach discussing existing legal symptoms and problems, and testing them aware of laws and legal norms. The results of this study show that the elements of criminal acts of decency on social media as regulated by Article 281 of the Criminal Code are: whoever, intentionally, in public, distributes, distributes or transmits content that violates decency refers to the object of action in the Pornography Law. Policies and law enforcement against perpetrators of criminal acts of decency include penal policies regulated in Law Number 19 of 2016 concerning Electronic Information and Transactions, Law Number: 44 of 2008 concerning Pornography, and criminal acts of decency regulated by the Criminal Code. Non-penalty policy: supervision of sites or content on social media that contain moral content, understanding religious values from an early age, increasing healthy internet understanding, and parental supervision of minors in using social media/internet
Hak Cipta Atas Program Komputer Berdasarkan Hubungan Kerja Madani, Shailawa Ramb; Yudhantaka, Lintang
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5474

Abstract

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.
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.

Page 12 of 20 | Total Record : 195

 10   11   12   13   14 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 9 No. 1 (2025): Law and Society Vol 8, No 2 (2024): Legal Spirit Vol 8, No 1 (2024): Legal Spirit Vol 7, No 2 (2023): Legal Spirit Vol 7, No 1 (2023): Legal Spirit Vol 6, No 2 (2022): Legal Spirit Vol 6, No 1 (2022): Legal Spirit Vol 5, No 2 (2021): Legal Spirit Vol 5, No 1 (2021): Legal Spirit Vol 4, No 2 (2020): Legal Spirit Vol 4, No 1 (2020): Legal Spirit Vol 3, No 2 (2019): Legal Spirit, Desember, 2019 Vol 3, No 2 (2019): Legal Spirit Vol 3, No 1 (2019): Legal Spirit Vol 2, No 2 (2018): Legal Spirit Vol 2, No 1 (2018): Legal Spirit Vol 1, No 2 (2017): Legal Spirit Vol 1, No 1 (2017): Legal Spirit More Issue