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 Authority Of Bank Indonesia In Issuing Legal Products According To The State Auxillary Agencies Theory ]]>
<![CDATA[Saifulloh, Putra Perdana Ahmad]]>;
<![CDATA[Azheri, Busyra]]>
<![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.v7i2.4815
<![CDATA[As an State Auxillary Agencies. Bank Indonesia is authorized to make it’s own legal products that bind the public. Currently the product of he regulation is in a Bank Indonesia Regulation, as a consequence of one of the characteristics of an State Auxillary Agencies namely a self regulatory body. From this study it may be concluded that Bank Indonesia only has the authority to enforce the delegation’s regulation. Second, Bank Indonesia, in the hierarchy of regulations, should be in line with Presidential Regulations. Third, the Governor of Bank Indonesia may make State Administative Decisions in accordance with his authority. Fourth, the stages of formation of Bank Indonesia Regulations in the Bank Indonesia Regulation concerning the establishment of Regulations at Bank Indonesia, include: a.planning; b.arrangement; c.discussion; d.determination; e.promulgation; and f.dissemination. Fifth, the establishment of a Bank Indonesia Regulation in order to prioritize meaningful public participation in the process of its information, especially to involve academics. For this reason, according to the author, academics need to be empowered by Bank Indonesia in the establishment of Bank Indonesia in the Framework of improving the State Auxillary Agencies.]]>
<![CDATA[Wanprestasi oleh Koperasi Simpan Pinjam: Bagaimana Dampak Hukumnya? ]]>
<![CDATA[Martin, Brian]]>
<![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.v8i1.5148
<![CDATA[The development of the national economy and the changes that occur in the business environment, including the savings and loan cooperative unit, which is directed to always encourage and play an active role in increasing the income of its members in order to be able to overcome existing social inequality. Cooperatives are a joint business entity that struggles in the economic field by taking the right and steady path with the aim of freeing itself from the economic difficulties generally suffered by its members. However, in reality, this cooperative has not been maximized in controlling credit so that the ability to generate Residual Income (SHU) is still less effective and must enter the realm of court because of defaulting on its customers. Therefore, this research will analyze legal protection in the event of default by the company in this context is the Cooperative. This research is normative (legal) research. The results of this study conclude that the Cooperative Law does not specifically mention legal protection for customer funds while for customers the protection is seen in article 7 and article 8 of Government Regulation Number 33 of 1998 concerning Participation Capital in Cooperatives and the protection of customers is not regulated with certainty so that regulations are needed to resolve defaults committed by business actors of Savings and Loan Cooperatives.]]>
<![CDATA[Pemutusan Hubungan Kerja bagi Pekerja ]]>
<![CDATA[Nabila, Jihan Sulistia]]>;
<![CDATA[Santoso, Imam Budi]]>;
<![CDATA[Mubina, Rohendra Fatham]]>
<![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.v7i2.5029
<![CDATA[Workers or laborers have the right to obtain protection for safety and health, morals and decency, as well as treatment in accordance with human dignity and religious values. Termination of Employment is one of the problems in employment that often occurs. Termination of employment causes anxiety because it has a negative impact on the survival and future of workers and their families. As an effort to protect workers or laborers affected by Termination of Employment, in 2021 the Government issued a new policy, namely Government Regulation Number 37 of 2021 concerning the Implementation of the Job Loss Guarantee Program. This research aims to find out and analyze the Job Loss Guarantee program and its implementation in Karawang Regency. This research uses a normative legal research method by examining theories, concepts, legal principles and statutory regulations related to this research. The Job Loss Guarantee Program is provided to workers or laborers affected by Termination of Employment in the form of cash benefits, career counseling benefits, job training benefits, and job market information benefits. This guarantee program came into effect in Karawang Regency on February 11 2022 a year after the regulations were issued with the number of participants who have claimed benefits during 2022 amounting to 683 participants and the total funds disbursed amounting to IDR. 1,385,714,400.00. However, the implementation of this guarantee program in Karawang Regency is still not optimal because there are several technical problems in the benefit claim process]]>
<![CDATA[International Centre for Settlement of Investment Disputes: Investasi Asing dan Jaminan Hukum di Indonesia ]]>
<![CDATA[Nafs, Tazkiya An]]>
<![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.v8i2.5470
<![CDATA[Foreign Direct Investment (FDI) is one of the forms of international investment that has significantly contributed to the prosperity of the host country. However, with the growth of the economy, investment disputes have been on the rise, involving both investors and the host government. While Undang-Undang Nomor 25 Tahun 2007 provides sufficient legal safeguards to address potential conflicts between investors and the government, host countries often find it necessary to enter into specific agreements. Undang-undang Nomor 5 Tahun 1968, which ratified the ICSID (International Centre for Settlement of Investment Disputes) Convention, as a means to protect foreign investors from conflicts with the Indonesian government. This convention serves as a mechanism for dispute resolution and as an international policy instrument to promote economic development. The objective of this research is to elucidate the role and benefits of ICSID arbitration in resolving investment disputes in developing countries and to explain the mechanisms and procedures applied in resolving such disputes. This paper is the result of normative legal research, which examines legal rules relevant to the subject matter. ICSID aims to balance the interests of host states and foreign investors, offering an efficient mechanism for settling legal disputes in the field of foreign direct investment. The ICSID agreement essentially establishes the authority of ICSID to resolve disputes based on the written agreements of the parties involved.]]>
<![CDATA[Hak-Hak Tahanan dan Narapidana di Rumah Tahanan Negara ]]>
<![CDATA[Kamel, Rusli]]>;
<![CDATA[Malik, Faissal]]>;
<![CDATA[Anshar, Anshar]]>
<![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.v8i2.5420
<![CDATA[Human Rights are inherent to every individual, yet there are circumstances and time frames where these rights may be restricted or revoked by the state in accordance with applicable rules. One such circumstance is being incarcerated or imprisoned because of unlawful acts committed by individuals. The research aims to identify the impact of overcrowded prison conditions on the fulfillment of rights for detainees and inmates within the Class IIB State Detention Center in Ternate. Additionally, it seeks to analyze the legal implications of overcrowded conditions on the satisfaction of these rights. The findings indicate that overcrowding adversely affects the fulfillment of basic needs for detainees and inmates, including physical and spiritual care, health services, and provision of adequate food. Legal implications concerning the handling of overcrowded conditions in Ternate Detention Center, as mandated by the Ministry of Law and Human Rights of the Republic of Indonesia through Regulation No. 11 of 2017, have not effectively addressed the challenges posed by overcrowded conditions. Limitations in human resources, insufficient living space, inadequate infrastructure, and budget constraints in Ternate Detention Center hinder the optimization of meeting the rights of Persons Deprived of Liberty (WBP).]]>
<![CDATA[Online Gender-Based Violence Study: Analysis Of Violence Against Woman ]]>
<![CDATA[Eleanora, Fransiska Novita]]>;
<![CDATA[Lestari, Melanie Pita]]>;
<![CDATA[Ismail, Zulkifli]]>
<![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.v7i2.4883
<![CDATA[The wider and more sophisticated the reach and development of information technology, the more popular the use of social media. However, it turns out that this technological advancement has presented a new form of violence against woman, namely online gender-based violence. This online gender-based violence can result in harm or suffering in physical, mental or sexual form, threats, coercion and the deprivation of liberty. Therefore, in this study, we will discuss Online Gender-Based Violence as a Form of Violence Against Woman. The research method used is a normative juridical research method. Based on this research, it was found that in order to prevent the occurrence of online gender-based violence, women must be aware of digital footprints, because they can be used by irresponsible parties to commit online gender-based violence and the impact can be very cruel. Woman are also less aware of the potential threats related to personal data that deviate from large impacts such as fetishization, online harassment and humiliation, threats of online violence to online trafficking of woman. Keywords : violence; gender online; woman]]>
<![CDATA[Pembuatan Akta Melalui Telekonferensi: Sebuah Hukum Cyber Notary ]]>
<![CDATA[Humairah, Syamsi Ayu]]>;
<![CDATA[Liman, Padma D]]>;
<![CDATA[Maskun, Maskun]]>
<![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.v8i1.5219
<![CDATA[This research aims to examine electronic signature arrangements in electronic general meetings of shareholders. and to find out about the proof of the electronically signed deed of the minutes of the general meeting of shareholders. The research was carried out using normative research methods using a statutory approach and a conceptual approach. Analysis of legal materials uses descriptive analysis which is used to solve problems regarding the legal issues to be researched. The research results show that regulations regarding electronic signatures are contained in Article 1 number 12 of the ITE Law which explains that every electronic signature contains verified electronic information in it. And Article 11 of the ITE Law explains that electronic signatures must have legal force and legal consequences that fulfill the requirements stated in that article. And when using an electronic signature, it must be registered and certified so that legal certainty is guaranteed. Regarding the strength of the evidence, this is still doubtful because in the UUJN itself there is no specific regulation regarding the preparation of deeds carried out electronically. In implementing the GMS, the GMS minutes deed use the legal principle of lex specialis derogate legi generali. Lex generalis is Article 16 Paragraph (1) letter m, and lex specialis is the provisions of Article 77 Paragraph (4) UUPT. The legal validity of the deed of the GMS Minutes held via teleconference media still has legal force as an authentic deed and can be used as evidence in court if there are problems in the future.]]>
<![CDATA[Kedudukan Menteri Triumvirat Dalam Ketatanegaraan Indonesia ]]>
<![CDATA[Gunawan, Edwin]]>;
<![CDATA[Abas, Muhamad]]>;
<![CDATA[Akbar, Muhammad Gary Gagarin]]>
<![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.v7i2.4695
<![CDATA[The Triumvirate Ministers are the three ministers namely the Minister of Foreign Affairs, Minister of Home Affairs, and Minister of Defense who are said to be carrying out presidential duties if the President and Vice President resign in the middle of their term of office simultaneously. This is stated in the mandate of the 1945 Constitution of the Republic of Indonesia as the basis for implementing statutory regulations. This writing aims to explore the issues raised in this study, namely, the position of the Minister of the Triumvirate in the Indonesian constitution and legal settlement in the event of a dispute in the formation of the three Ministers of the Triumvirate. In this study the authors used the normative juridical method. The results of this study are that the position of the minister of the Triumvirate is confirmed in the 1945 Constitution of the Republic of Indonesia Article 8 paragraph (3), but it is not clarified by other laws and regulations, so that his position is not standardized by law. And also if there is a dispute within the Triumvirate Ministers, the resolution is that the Constitutional Court has the duty and authority to resolve disputes between the Triumvirate ministers regarding who has the most authority to fill presidential duties.]]>
<![CDATA[Pembentukan Daerah Otonomi Baru: Pemekaran Provinsi Kepulauan Nias ]]>
<![CDATA[Zendrato, Ahmad Fahmi]]>;
<![CDATA[Nursadi, Harsanto]]>
<![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.v7i2.5061
<![CDATA[Indonesia adheres to the principle of decentralization in administering its government. Each region has the right and is given the authority to manage its own government affairs. The granting of broad autonomy to the regions is directed at accelerating the realization of social welfare through service improvement, community empowerment and participation. Law No. 23 of 2014 wants the birth of a new autonomous region in Indonesia. The implementation mechanism is further regulated in Government Regulation No. 78 of 2007. Expansion of regions is one of the efforts to accelerate national development. The conditions that must be met in the expansion of the new autonomous regions include: 1) basic territorial requirements; 2) regional capacity requirements; and 3) administrative requirements. The Nias Islands are an area that has been planned to be split into a new autonomous region. The research method used is empirical juridical, namely research conducted to analyze the implementation of legal norms that apply in society. Discussions regarding the plan for regional division of the Nias Islands have started since 2009 but until now there has been no realization from the central government. The obstacle to the expansion of the division is the existence of a moratorium set by the President. Regional expansion is also considered to be a burden on state finances considering that apart from the Nias Islands, there are still many other regions that have also proposed to do division. However, when an area meets the requirements for expansion as stipulated in Government Regulation No. 78 of 2007 and there is an urgency why the area must be divided immediately. It is better if the moratorium is lifted so that each region that has met the requirements to carry out expansion can become a new autonomous region and become more developed because it is given the authority to manage its own region.]]>
<![CDATA[Akta Autentik Dijadikan Objek Gugatan? ]]>
<![CDATA[Tampubolon, Alfrida Septebrina]]>;
<![CDATA[Yudhantaka, Lintang]]>
<![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.v8i2.5504
<![CDATA[Act against law is an action carried out that is not in accordance with prevailing legal provisions, and the consequence of such action is harm to others, allowing the injured party to seek accountability from the perpetrator, as stipulated in Article 1365 of the Civil Code. One common act against law found today is related to authentic deeds. An authentic deed is a deed created in the presence of an authorized official, in accordance with the prescribed form in legislation, as stated in Article 1868 of the Civil Code. The authorized officials include Notaries and Land Deed Officials. Authentic deeds themselves have perfect evidentiary strength. However, in practice, actions contrary to the creation of the deed often occur, ranging from procedural defects to negligence by Notaries/Land Deed Officials and others. This study specifically discusses authentic deeds that are contested as act against laws, as seen in Supreme Court Decision Number: 193/PK/Pdt/2020]]>
