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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195 Documents
<![CDATA[Pemenang Lelang Eksekusi terhadap Jaminan Tanah yang Belum Bersertifikat ]]>
<![CDATA[Sugianto, M Udik]]>;
<![CDATA[Amboro, Florianus Yudhi Priyo]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>
<![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.v7i2.4611
<![CDATA[The large number of people who do not have proof of land ownership is an obstacle in obtaining credit from banks. However, responding to this, the bank allows the bank to be able to accept credit submitted to it. However, it becomes a problem when the auction winner wants to transfer the rights to the land, it cannot be done because the land has not been certified, which results in the auction winner not being able to pay the BPHTB. The research method used is normative legal research. Legal regulations regarding auctions for land that have not been certified are contained in Article 41 Paragraph 4 of the PP on land registration, Articles 76 and 108 of the Regulation of the Minister of Land Registration, Article 34 of PMK Implementation of auctions. Meanwhile, the conflict that occurred was Article 83 of the PMK for the Implementation of the Auction, which required the auction winner to pay BPHTB, while Article 2 of the BPHTB Law states that land that has not been certified does not include land rights. The solution provided by the author is: the head of the land office and the head of the KPKNL provide concessions for BPHTB payments and change the laws and regulations related to allowing uncertified land to be auctioned.]]>
<![CDATA[Quo Vadis Landasan Hukum Pengangkatan Penjabat Kepala Daerah ]]>
<![CDATA[Kusnanto, Andi]]>
<![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.v7i2.5049
<![CDATA[The Ministry of Home Affairs issued Permendagri No. 4 of 2023 as a legal basis for the appointment of acting regional heads. In fact, viewed from various aspects, the legal basis in the form of Permendagri is not sufficient and inappropriate to accommodate the needs of the mechanism for appointing acting regional heads. The research methods used in this study belong to the normative juridical type of research. The type of data used is secondary data, so the data collection uses literature studies. The data analysis method used is qualitative analysis. This article finds the problem of non-conformity in the formation of appointment regulations in the form of Permendagri, and finds several issues that will be discussed: First, the position of the Ministerial Regulation in the legal system in Indonesia. Second, Permendagri 4/2023 contradicts Article 86 Paragraph (6) of Law No. 23 of 2014 concerning Regional Government. Third, Permendagri 4/2023 ignores the recommendations of Constitutional Court Decision No. 67/PUU-XIX/2021. This article concludes that harmonization is needed in the issuance of technical regulations for the appointment of acting regional heads, so it is recommended to issue laws and regulations in the form of Government Regulations as mandated by the Constitutional Court and laws.]]>
<![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[Peran Pemerintah Desa Dalam Pendaftaran Tanah: Sebuah Perlindungan Hukum Kepada Pemegang Hak Atas Tanah ]]>
<![CDATA[Taupiqqurrahman, Taupiqqurrahman]]>;
<![CDATA[Hadi, Syamsul]]>;
<![CDATA[Zaifa, Gilang Abi]]>
<![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.v7i2.5018
<![CDATA[Land registration is one of the efforts to protect the community's ownership rights over the land they possess. In land registration, the primary starting point is the village government, as all origins of land registration must go through the village government. In carrying out its role, the village government often encounters obstacles that disrupt the land registration process. The purpose of this research is to identify the obstacles faced by the village government in its role in land registration and to determine the efforts needed to enhance the village government's role in land registration. The research method used is a normative juridical approach with a focus on legal regulations, supplemented by interview results. The results of the discussion reveal several obstacles experienced by the village government in carrying out its role in land registration. These obstacles include unresolved land ownership disputes, unclear land boundaries, limited human resources at the village level, and the absence of standardized regulations regarding supporting land registration documents. The efforts required to enhance the village government's role in land registration include conducting public awareness campaigns about the importance of land registration, providing training to village government personnel, and establishing standardized documentation for supporting land registration documents]]>
<![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[Pemeliharaan Anak Setelah Perceraian ]]>
<![CDATA[Budiman, Fernanda Akbar]]>;
<![CDATA[Salam, Abdul]]>
<![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.v8i1.5238
<![CDATA[Child care involves parents, namely father and mother, as parties who have responsibility for their children. As time goes by, sometimes disputes occur between husband and wife which result in divorce. The purpose of this writing is to find out about child maintenance after divorce according to statutory regulations. Child care after divorce is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 1 of 1974 concerning Marriage. Child maintenance after marriage in the case study of Decision Number 395/Pdt.G/2021/PN Jkt.Utr. It started with the Plaintiff (Wife) and the Defendant (Husband) who divorced, they had two sons, namely Brother A and Brother B. In this case there has been a divorce, then the parents, either father or mother, are obliged to provide maintenance for their children. until they are adults or able to stand on their own. These children's rights are supported by Article 14 of the Child Protection Law where children have the right to meet directly or have personal contact with their parents, children have the right to receive care, maintenance, education and protection for the growth and development process from their parents according to their abilities, talents and interests, the right to receive living expenses from both parents, and the right to obtain other children's rights. So that the two children of the Plaintiff and Defendant are entitled to receive maintenance in the form of a place to live with the mother because she is the closest person to the child and receives support and education from father to adult.]]>
<![CDATA[Tumpang Tindih Sertifikat Tanah ]]>
<![CDATA[Aziziyah, Alvina Nur]]>;
<![CDATA[Tien Fitriyah, Mas Anienda]]>
<![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.v7i2.4807
<![CDATA[Overlapping land certificates (Overlapping) is a situation where there are land parcels that overlap with other land parcels and there are multiple certificates for the same land parcel. This study aims to determine the causes of overlapping land certificates (overlapping) both in terms of internal factors and external factors and legal remedies for settlement and future legal remedies to overcome overlapping land certificates (overlapping). This research uses empirical juridical methods or research in the field that examines the implementation or implementation of applicable legal provisions and facts that occur in society. Data collection was carried out by field studies. Data analysis was carried out using qualitative analysis methods and using a qualitative approach. The results of this study indicate that the causes of overlapping certificates (overlapping) are digitalization and also a lack of land maintenance by the community. The legal effort that can be taken to resolve the dispute is by canceling the certificate which of course has gone through several stages of the process and the future legal action is to routinely conduct outreach to certificate holders and the Ministry of Agrarian Affairs/BPN will immediately carry out electronic certificates in order to reduce overlapping land certificates (overlapping).]]>
<![CDATA[Prinsip Itikad Baik Terhadap Merek MS Glow ]]>
<![CDATA[Rachman, Taslim Abd.]]>;
<![CDATA[Alauddin, Rusdin]]>;
<![CDATA[Alwan, Sultan]]>
<![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.v8i1.5091
<![CDATA[Legal protection is an important aspect that needs to be considered in the controversy between MS Glow and PS Glow trademarks. PT Kosmetika Global Indonesia, the MS Glow brand holder that has registered its brand with the Director General of Intellectual Property Rights, requires adequate legal protection. The public sees that the products of the MS Glow brand are better known than the products of the PS Glow brand, and there is a view that PS Glow is trying to hijack the popularity of MS Glow. Through normative juridical legal research, it was found that in the context of the principle of good faith, MS Glow is entitled to legal protection as a brand owner. The brand owner has the exclusive right to the use of its brand and the government is responsible for ensuring this protection. The judge's decision in the dispute between the MS Glow and PS Glow trademarks (Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga.Sby) has fulfilled the principle of legal certainty. The judge refers to Law Number 20 Year 2016 on Trademark Registration and Geographical Indications as well as the principle of "first to file". However, the decision has not fully reflected justice and expediency. In the context of trademark registration, the "first to file" principle needs to be evaluated by the government to make it fairer. The lengthy trademark registration process must pay close attention to every detail, the Director General of IPR must be more active in socializing Law Number 20 Year 2016, including the principle of "first to file" to the public so that understanding of the trademark and the registration process becomes better.]]>
<![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[Reorientasi Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Narkotika ]]>
<![CDATA[Alhakim, Abdurrakhman]]>;
<![CDATA[Manurung, Intan Feronika]]>;
<![CDATA[Tantimin, Tantimin]]>
<![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.v7i2.5028
<![CDATA[This study aims to review the legal aspects or legal reorientation towards children who are determined as perpetrators of narcotics crimes in Indonesia. This research is very important to be carried out conceptually to be able to provide measurable firm sanctions in accordance with the provisions of the Law on Narcotics and the Law on the Juvenile Criminal Justice System. This research is a normative juridical research using primary legal materials and secondary legal materials. The results of the study found that re-orientation of the legal aspects of children as perpetrators of narcotics crimes is very important to do because there is ambiguity related to the process of punishing children as drug offenders. First, the use of the Law on Narcotics as a basic object is still borne by the perpetrator in accordance with the stipulated articles, evidence that results in criminal sanctions according to the provisions. Second, for minors, the defense is still carried out in accordance with the Law on the Juvenile Criminal Justice System, where there is a reduction in sanctions that take into account the mental and physical condition of the child. When the verdict has been determined, the offender must be placed in a special correctional institution for children and given the right to medical rehabilitation and social rehabilitation because they consider the child's future. Third, the rehabilitation aspect can be prioritized as is the case when children are only designated as victims, or there is no evidence against them as the main perpetrators of Narcotics.]]>
