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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
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The Proliferation of Undocumented Indonesian Migrant Workers in Batam: A Legal Analysis Guswandi, Cynthia Putri; Sudirman, Lu; Syarief, Elza
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.v8i2.5468

Abstract

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.
Peraturan di Tingkat Desa Legal? Antari, Putu Eva Ditayani; Utama, I Made Arya
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.v8i2.5403

Abstract

Villages are stated to be the smallest government structure in Indonesia. A village is an area that has certain boundaries, as a legal community unit that has the right to regulate and manage the affairs of local communities based on their origins. Apart from that, the village government also has the authority to determine legislative products mentioned in village regulations. However, this form of legal regulation is not included in the hierarchy of legal regulations in Indonesia, and in practice it is rarely known by the public. Therefore, this research will focus on identifying the legality of the position of regulations in villages as part of the national legal and regulatory framework. The research method used is a normative legal research method which discusses the position and legality of regulations in the village based on applicable laws and regulations as primary legal material. Apart from that, the discussion is also complemented by secondary legal materials in the form of books and articles published in journals based on theories, concepts, as well as legal principles and adages. The research results show that the village government is the smallest unit in the government system in Indonesia. The village government, like other governments in the region, has the authority to regulate and manage its government affairs autonomously based on the division of affairs and rights according to the origins of the village. Regarding this authority, the village government has the authority to form village regulations and village head regulations. The status and legitimacy of village regulations and village head regulations are recognized as statutory regulations and have binding legal force as long as they are formed based on higher statutory regulations or based on their authority over the village's original rights.
Misbruik Van Omstandigheden Sebagai Dasar Pembatalan Akta Pengikatan Jual Beli Angelina, Ajeng Julia; Kartika, Adhitya Widya
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.v7i2.4876

Abstract

Indonesia has legal regulations which are the result of a combination with Dutch law, one of which is civil law in Indonesia which is regulated in the Civil Code or the Civil Code. Over time, legal developments have undergone significant changes following the needs of today's society, one of which is the addition of misbruik van omstandigheden or abuse of circumstances as a new form of handicapped will in the Netherlands, on the other hand, the Indonesian Civil Code has not been added to the Civil Code, but in its implementation, many judges have used the doctrine of abuse of circumstances in deciding a case in court. This research will further discuss the terms of abuse of circumstances based on the study of the decision. The research method used in this study uses a qualitative analysis method with literature study and is a type and type of normative juridical research carried out by examining existing legal norms through library research with the aim of further analyzing the requirements of misbruik van omstandigheden. Based on the results of the research, it can be concluded that the decision of the Mataram District Court Number 234/Pdt.G/2020/PN Mtr has fulfilled the conditions for misuse of circumstances.
Anak Mengalami Kebutaan Akibat Kekerasan Fisik: Apa Hukumnya? Amara, Nouna Shaina; Zubaedah, Rahmi
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.v8i1.5199

Abstract

Cases of physical violence committed by minors continue to occur and increase in Indonesia. One of them was a case of physical violence that befell an elementary school student in Gresik which resulted in permanent blindness due to a meatball stab attack by her senior in one eye. This research is intended to find out about legal protection for minor victims who experience physical violence and how the law in Indonesia regulates the justice of minors who commit criminal acts. By using normative juridical research methods and using secondary data in the form of articles, published news and previous research and using positive law in Indonesia, namely, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. It is hoped that this research will provide comprehensive insight regarding law enforcement efforts and the protection of minors in Indonesia.
Konstruksi Perjanjian Finansial Teknologi Pembiayaan Multiguna Shopee Pay Later Pada E-Commerce Shopee Indonesia Qomariyah, Lailatul; Fitriyah, Mas Anienda Tien
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.v7i2.4627

Abstract

The convenience provided by online loans has a risk if the debtor fails to pay, especially since there is no guarantee in this online loan system. This, of course, will be disastrous for creditors. Shopee Pay Later, one of the marketplace-based online loan providers from the Shopee application, provides loans for users through the distribution of multipurpose financing online without collateral. This research uses a normative-juridical method. The SPayLater multipurpose financing agreement, literature studies, and laws and regulations are the data sources. Conceptual and statutory approaches become the basis for further qualitative analysis, which is explained descriptively and analytically so as to obtain systematic results and conclusions related to the problems studied. Based on the findings of this research, the P2PL fintech financing agreement has been legally regulated in Financial Services Authority Regulation No. 10/POJK. 05/2022 concerning information technology-based money lending and borrowing services (LPBBTI). The SPayLater multipurpose financing agreement has been made in accordance with applicable legal provisions and fulfils the legal requirements of the agreement. This financing agreement forms a legal relationship between the creditor and the debtor. The service provider only acts as an intermediary for the creditor in selecting prospective debtors and resolving disputes internally so that the parties can immediately fulfil their respective obligations.
Implementasi Diversi terhadap Anak yang Berkonflik Alhakim, Abdurrakhman; Siahaan, Bonita Maharani; Febriyani, Emilliya
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.v7i2.5057

Abstract

The protection and welfare of children in the criminal justice system is the main focus of efforts to find alternative solutions that do not involve children in formal legal processes, such as imprisonment, which can have a negative impact on their development. Law No. 11/2012 on Juvenile Criminal Justice System (SPPA Law) implements the concept of restorative justice through a diversion system. This study aims to understand the regulation of diversion under the SPPA Law and how it is implemented in the Batam District Court in handling children involved in legal problems. The research method used is empirical juridical. The implementation of diversion in Batam District Court aims to achieve restorative justice which emphasizes on recovery, providing opportunities, and children's awareness of their mistakes. The goal is to ensure children's growth and development rights are guaranteed by law. Although the implementation of diversion in Batam District Court is in accordance with the provisions of the SPPA Law, there are obstacles that make it less effective. From 2019 to 2022, 18 cases were eligible for diversion, but only 4 cases were successfully resolved using this method, while 14 other cases failed due to various obstacles and constraints accompanying its implementation.
Consumer Data Protection Amidst the Rise of Online Loan Services: Safeguarding Personal Data Privacy Ramadhan, Muhammad Tri Andika; Fitri, Winda; Agustianto, Agustianto
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.v8i2.5502

Abstract

In today's rapidly advancing technological era, safeguarding personal data is paramount in ensuring the privacy and security of individuals while preventing misuse or unauthorized access to their private information. As information technology and the internet continue to evolve, personal data has become a highly valuable asset for many companies and organizations. Threats to the security of personal data, such as irresponsible data dissemination in online lending operations, have the potential to lead to a host of serious issues, including identity theft, financial fraud, privacy breaches, and identity theft. The research method employed here is the normative legal research method. In Indonesia, the protection of personal data is governed by Law Number 27 of 2022 concerning Personal Data Protection. This law provides a crucial legal framework for safeguarding the privacy and security of citizens' personal information, with clear definitions and broad scope. Its aim is to protect individuals' rights related to the collection, use, processing, storage, and deletion of personal data by involved parties. The foundation of personal data protection regulation in Indonesia also rests on the principle that personal data protection is a fundamental human right that is inviolable, as recognized and respected by the 1945 Constitution of the Republic of Indonesia. The Personal Data Protection Law has established criminal sanctions for offenders, such as those involved in personal data theft or unauthorized data dissemination, with the hope of deterring such actions and upholding the privacy and security of individuals' personal data.
Addressing Indonesian Child Marriage: Comparative Study of Global Standards and Best Practices Situmeang, Ampuan; Silviani, Ninne Zahara; Fitri, Winda
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.v7i2.5022

Abstract

Child marriage is a significant human rights issue as it deprives children around the world of their childhood, education, and safety. Its unfortunately a practice that still has prevalence in Indonesian society. This research is done for the purpose of analyzing the threat of child marriage and the urgency for a dedicated effort to tackle this issue normatively. Through the normative legal research method and supported by comparative analysis, this research analyzes how the Indonesian legal framework fare up to international human rights standards and best practices around the world, in tackling the practice of child marriage. Findings of this research suggest that child marriage can still be considered a neglected human rights abuse, due the minimum number of legal developments throughout the years. The findings expose the legal loophole and the lack of criminalization which can contribute to the prevalence of this dangerous phenomenon. This research serves the purpose of the betterment of human rights protection in Indonesia, specifically on vulnerable underage girls, by providing insights and recommendations that the government may consider for future legal development.
Intervensi Kebijakan Politik Hukum dalam Penyelenggaraan Ketahanan Pangan Nugraha, Harry Setya; Utomo, Setiyo
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.v8i2.5444

Abstract

Implementing food security within the provisions of applicable laws and regulations to accelerate the realization of community welfare through improving services, empowerment, and community participation, as well as increasing regional competitiveness by taking into account the principles of democracy, equality, justice, and the uniqueness of a region. One of them is the Berau Regency, which still needs a statutory policy that regulates food security. Even if there is a policy that regulates food security, this policy is not statutory. It can be considered insufficientinsufficient to resolve the problem of food security in the Berau Regency. This research aims to analyze and provide recommendations for regional regulations regarding food security. The method used is mixed research methods. The research results show that East Kalimantan has the highest level of food security. However, there are still quite a lot of problems faced by the region in implementing food security, namely the conversion of agricultural land, resulting in environmental damage and global climate change. Legal and political policy intervention is a form of fulfilling the obligations and commitment of regional governments as regional government administrators in the context of implementing food security and fulfilling needs to resolve various food security problems that are currently occurring, as well as an effort to prevent other food security problems in the future.
Wanprestasi Oleh Penjual Pada Perjanjian Pengikatan Jual Beli Evangeli, Grace Ayu beta; Zubaedah, Rahmi; Affandi, Imanudin
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.v8i1.5604

Abstract

Default is an act of breaking a promise must be from the seller to perform an achievement, if the implementation of the obligation is not affected by circumstances, then the seller has committed an act of breaking promise. In this case, the occurrence of what is done seller of land to a buyer who has good faith which result in a binding sale and purchase agreement that has been agreed and sight by boyh parties. So the purpose of this study is to determine the factors that cause the seller’s default on the sale and purchase binding agreement as well as the legal consequence of the default commited by the seller and how the (legal) efforts to resolves default disputes in the land sale and purchase binding agreemenat.The research method is using normative juridical research methods that are studied using a statutory research approach, literatur, papers, and books and using descriptive analysis. From the results of this study it can be conclude that the occurrence of default in the sale binding agreement made by the seller to the buyer is caused by a negligence factor in which there is an element of intentionality in the from of no good faith from the seller. There are legal consequences for the seller, namely defaulting on the sale and purchase binding agreement namely paying compensation suffered by the buyer, transferring risks, paying case cost.

Page 15 of 20 | Total Record : 195

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