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[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[Legal Review of Environmental Law Concerning Illegal Sand Mining ]]>
<![CDATA[Prastiyo, Laode Agung]]>;
<![CDATA[Fitri, Winda]]>
<![CDATA[ Legal Spirit Vol 8, No 1 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i1.5225
<![CDATA[This research aims to analyze the regulations, enforcement, and legal sanctions related to illegal sand mining in Batam City. Additionally, the study seeks to assess the environmental impact of illegal sand mining activities and evaluate the efforts made by the Batam City Government and law enforcement authorities in combating illegal sand mining practices. A normative juridical approach, particularly the statute approach, is employed in this research. The research methodology involves data collection, examination of legal regulations, doctrines, juridical aspects, and societal norms. The results indicate that authorities with jurisdiction should anticipate potential issues and environmental damage arising from illegal sand mining. Therefore, the protection of the environment and natural resources needs to be strengthened to ensure the safety of Batam City residents. The Batam City Government is expected to take decisive measures to halt illegal sand mining, including the implementation of criminal sanctions and confiscation of tools used by illegal actors in accordance with applicable regulations.]]>
<![CDATA[Kemudahan Akses Kutipan Buku Leter C Sebagai Bukti Kepemilikan Hak Atas Tanah Oleh Pemerintah Desa ]]>
<![CDATA[Laila, Khotbatul]]>
<![CDATA[ Legal Spirit Vol 7, No 2 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v7i2.4773
<![CDATA[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.]]>
<![CDATA[The Urgency to Renew Bankruptcy Law Requirements and Summary Proof in Indonesia ]]>
<![CDATA[Tan, David]]>;
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Fiorentine, Jasisca]]>
<![CDATA[ Legal Spirit Vol 8, No 1 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i1.5081
<![CDATA[The provisions pertaining to bankruptcy and summary proof in Law Number 37 of 2004 present various drawbacks in their application, particularly impacting debtors. Debtors can be declared bankrupt with relative ease, and the requirement for declaring bankruptcy does not directly indicate the debtor’s insolvency. This can present difficulties for other creditors, as the leniency in bankruptcy requirements for debtors is viewed as means to accelerate debt resolution, even though not all face the same circumstances. This research will focus on the issues regarding the urgency of revising Law Number 37 of 2004, specifically with regard to the conditions for bankruptcy and summary proof. The method used in this research is the doctrinal legal research method, which entails scrutinizing literary sources, legal theories or principles, research journals, and legislative regulations to analyze the subject of the research. Furthermore, a comparative approach is adopted to evaluate the development of Indonesian law by examining the bankruptcy legal frameworks in France and the Netherlands. The study concludes that the pressing need for amendments to the conditions for bankruptcy and summary proof in Law Number 37 of 2004 necessitates a responsive legal system. This can be achieved through a comprehensive review of problematic regulations. Therefore, the incorporation of additional measures, such as an insolvency test and a proactive approach by judges, establishes a regulatory mechanism that can be viewed as a responsive outcome in the future.]]>
<![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[Metode Nominee Agreement Saham Pada Bidang Usaha Bersyarat di Indonesia ]]>
<![CDATA[ivana, ivana]]>
<![CDATA[ Legal Spirit Vol 7, No 2 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v7i2.5026
<![CDATA[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.]]>
<![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[Asas Kemanfaatan Dan Asas Keadilan Dalam Penetapan Upah Minimum ]]>
<![CDATA[Sari, Destya Permata]]>;
<![CDATA[Subekti, Rahayu]]>
<![CDATA[ Legal Spirit Vol 7, No 2 (2023): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v7i2.4873
<![CDATA[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.]]>
<![CDATA[Implementation of Plea Bargaining in the Indonesian Criminal Justice System ]]>
<![CDATA[Nurana, Desi]]>
<![CDATA[ Legal Spirit Vol 8, No 1 (2024): Legal Spirit ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v8i1.5195
<![CDATA[There is a need for a new system in the Indonesian Criminal Justice System that is thought to make case handling more efficient, specifically by adopting plea bargaining as a problem-solving method for the Indonesian criminal justice system. In this study, the issue formulation is how to implement plea bargaining in the present criminal justice system and the urgency of plea bargaining in the renewal of the Indonesian criminal justice system. The Normative Juridical Research technique was employed to generate this research. Normative Juridical Research is a type of legal research that involves literature study or just secondary information. The regulation on the application of Plea Bargaining in the current criminal justice system is not based on the value of justice, as Article 4 paragraph (2) of Law No. 48 of 2009 concerning Judicial Power mandates that the judicial process must be carried out quickly. At a low cost, but based on the problems that the author described in the previous sub-chapter, the criminal justice process has not been able to reach a simple judicature to this day. The complexity of the criminal justice process in Indonesia now prevents simple, quick, and low-cost judicial implementation from being accomplished in the criminal justice process in Indonesia. In this case, there is a need for a renovation of Indonesia's criminal justice system. This is the legal basis for the urgent need to establish Plea Bargaining in Indonesia.]]>
