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Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang
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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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Doctrinal Effect: Implikasi Yuridiksi Ekstrateritorial Hukum Persaingan Usaha Esternella, Milka Belatrix
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.v7i2.5024

Abstract

The Effects Doctrine creates an important basis for the application of local law outside of its territory. It reflects the understanding that in this day and age, actions taken in one jurisdiction can significantly affect other jurisdictions. The use of competition law extraterritorial jurisdiction, based on the effects doctrine, has long been debated. The purpose of this study is to discuss the application of extraterritorial jurisdiction to competition law in Indonesia. This research uses the normative juridical method to analyze legal norms and principles. The approaches used include statutory approach, comparative law approach, and case approach. The result of this research is that regulations regarding the prohibition of monopolistic practices and unfair business competition have not explicitly regulated extraterritorial norms in Indonesia. However, the Business Competition Supervisory Commission made a legal breakthrough by applying the extraterritorial principle to resolve the involvement of foreign business actors and impose sanctions on them. This article argues that Indonesia significantly needs to amend its competition law and increase cooperation with other countries to enforce competition law.
Pemegang Saham Mayoritas di Perusahaan Milik Keluarga Manurung, Ghorga Donny
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.v8i2.5451

Abstract

The abuse of rights by majority shareholders such as controlling the GMS to withhold dividends, diluting minority shares, or misusing company assets will be very detrimental to minority shareholders. Therefore, this research aims to determine the form of protection against abuse of rights by majority shareholders in family-owned companies in Indonesia and analyze what cases have occurred related to abuse of rights by majority shareholders in family-owned companies in Indonesian courts. This research is normative legal research that uses three approaches, namely conceptual, statutory, and case study approaches. The result of this research is that to prevent abusive behavior by the majority, the UUPT provides various legal remedies for minority shareholders to protect their interests from the actions of majority shareholders. Despite all the legal remedies available, there are some weaknesses found in asserting the interests of minority shareholders and Indonesian Companies. These weaknesses include the possibility of minority shareholders being undervalued when exercising their appraisal rights and the inability of minority shareholders to file lawsuits on behalf of Perusahaan Indonesia against majority shareholders. An examination of two court decisions shows that courts tend to rule in favor of minority shareholders' interests. However, the courts do not always hand down the same rulings as what the minority shareholders are challenging
Tindak Pidana Promosi Judi Online Melalui Media Sosial Utami, Putu Ananda Nadya; Antari, Putu Eva Ditayani
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.v8i2.5237

Abstract

The promotion of online gambling via social media has had a negative impact due to technological advances. This prohibition is regulated by the ITE Law, and the criminal threats listed here are sufficient to prevent perpetrators from taking action. The formulation of the Panaliten's pitakonan iki includes types of criminal acts that are prosecuted by perpetrators of online gambling advertisements via social media and factors that contribute to the prosecution of perpetrators. The method of panaliten ingkang dipunginakaken high menika empiri kanthi analytical descriptive approach ingkang includes legal and factual perspectives. The findings of the Nedahaken Panaliten bilih type of offense of ingkang are punishable by perpetrators of online gambling promotion who are subject to adhedhasar, the threat of imprisonment and criminal punishment of ingkang and haraken wonten ing Article 45 paragraph (1) read in conjunction with Article 27 paragraph (2). This indicates that a prison sentence will be imposed enforcement by the Bali Police Special Crime Director involve resource constraints. humans, difficulties in collecting evidence and arresting perpetrators, server factors located in countries where gambling is legal, lack of public awareness and concern, and rapid technological advances
Sistem Cash on Delivery Dalam Prespektif Hukum Perlindungan Konsumen dan Ekonomi Islam Dewi, Marchelia Fitria; Prayuti, Yuyut
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.v7i2.4819

Abstract

Economic activities are closely related to transactions such as to support the needs of oneself, family, and the wider community. In connection with that, buying and selling through electronic media such as using the Cash On Delivery payment system which is a form of trade or business interaction is one of the economic phenomena of mu'amalah that is currently rife. Therefore, Islam has taught that the terms and conditions of buying and selling transactions must be in accordance with the Shari'a, such as avoiding defects such as not fulfilling the conditions of the goods being traded, both the type, quality, and quantity, price, and there is no element of coercion, fraud, harm, or other conditions that make up the pillars of buying and selling. So the purpose of this research is to examine the legal protection of cash on delivery transactions in online buying and selling from the perspective of consumer protection and Sharia economic law. This research is a descriptive analytical normative legal research, using legislative and conceptual approaches. As a result, buying and selling is a fundamental component of Islamic Shariah, and adhering to these pillars is essential for a successful and legitimate transaction.Accordingly, Islamic jurisprudence deals with the order of purchase and sale, where the permissibility of transactions with al-salam aims to increase the convenience of business by allowing goods to be delivered later.Thus the use of the COD method, which allows payment on the spot, reduces fakes and hazards such as goods that do not match the size, shape, color, or packaging ordered.
Motivasi Lepas Adiksi Narapidana Narkoba Karindra, Leo Rahmat; Rohayati, Ade Cici
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.v8i1.5188

Abstract

The existence of family support for prisoners is very important because it produces many benefits, one of which is motivation to improve themselves. Drug prisoners are one of the prisoners who really need family support, because there is a phenomenon of addiction that is felt. This study will attempt to show the influence provided by family support on the level of motivation of prisoners, especially to escape drug addiction. The research method used is a quantitative method with a type of correlation research followed by regression analysis. The research respondents used were drug prisoners in Tulungagung Class IIB Correctional Facility with a total of 33 people. Data collection was carried out using questionnaire techniques, namely family support questionnaire and addiction release motivation questionnaire. Referring to the results of the study, it is known that the family support variable has a significant positive effect on the emergence of the variable of motivation to escape addiction in drug prisoners in Tulungagung Class IIB Correctional Facility. This result is based on the calculated t value obtained, which is 7.361. This figure is greater than the t table, which is 1,692 so that the research results accept the Ha hypothesis which means it has a significant effect. The regression equation obtained is Y = 6,691 + 0,669X which has several interpretations of meaning, namely: (1) If the family support variable = 0 (constant), then the value of the addiction release motivation variable is 6.691; and (2) Every additional value in the family support variable, there is an additional value in the addiction release motivation variable of 0,669.
Pencabutan dan Pembatasan Hak Memilih dari Ekspatriat: Sebuah Kajian Perspektif Konstitusional Rusdiana, Shelvi; Hutauruk, Rufinus Hotmaulana; Situmeang, Ampuan
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.v7i2.5032

Abstract

The right to vote as a fundamental human right in a democratic country like Indonesia, in fact cannot always be guaranteed to be implemented and its benefits can be realized. The problem of election integrity in Indonesia, which has not improved, has encouraged Indonesia to continue to update its democratic party implementation system, including considering various existing alternatives. Revoking and limiting expatriates' right to vote is a practice that has actually been carried out by other countries, to improve the integrity of elections. This research aims to analyze the possibility of revoking and/or limiting the right to vote from expatriates as an effort to increase election integrity, with a constitutional lens. This analysis is supported by normative legal research methods, with a statutory approach and a comparative approach. The research results found that although revoking the right to vote from expatriates is an unconstitutional option and has not been implemented, the government can implement limiting the right to vote from expatriates to cover the normative gap that exists regarding citizenship, while increasing the accuracy of election list data, by implementing several policies that have been implemented by other countries
Korban Salah Tangkap: Penjebakan Melalui Metode Pembelian Terselubung Manik, Dekha Aprillia Ronauli; Ravizki, Eka Nanda
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.v8i2.5473

Abstract

The violation of laws in all regulations related to the illicit trafficking of narcotics is an element of Narcotics Crime, which is one form of a crime that is extraordinary in nature. This makes Narcotics Crime a matter that attracts considerable attention from the wider community. Various efforts are made to combat this, one of which is through the implementation of entrapment using undercover buy methods. However, a clear and detailed definition and mechanism of this method are not present in the relevant regulations, leading to confusion in understanding and errors in its implementation. The birth of wrongful arrest victims is related to procedural defects carried out by investigators due to differences in interpretation and understanding. The research method employed is normative juridical, conducted through an examination of legislation, expert opinions, legal theories, and various relevant literature. The results of this research indicate the necessity of regulations regarding the raised topic, as it holds significant urgency
Forum BRICS Ditinjau Dari Perspektif Hukum Dagang Internasional Achmad Ichwani, Alfirza Dafrin
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.v8i2.5425

Abstract

After the most recent BRICS Summit in South Africa in August, there was a new addition to the BRICS membership. However, Indonesia was not included in the list. Yet on previous occasions at the BRICS-Africa Outreach and BRICS Plus Dialogue sessions, Indonesian President Joko Widodo emphasised the importance of developing countries coming together to fight for their rights. Indonesia is often considered a leading candidate to join BRICS. Indonesia's potential for BRICS is clear. Indonesia is the world's fourth largest population, a fast-growing economy with the potential to become one of the world's top five economies by 2045, and a major force in Southeast Asia. The idea of Indonesia joining BRICS has emerged more than a decade ago, and Indonesia itself has participated in several BRICS meetings. Over the past two years, the concept of Indonesia officially joining BRICS has been revived with support from some parties such as China. However, Indonesian President Jokowi informed the public that the Indonesian government had decided not to send a letter of interest as it did not want to rush into membership. According to Jokowi, the government needs more time to study the advantages and disadvantages of BRICS membership, especially in the economic field, and wants to consult with ASEAN partners. Indonesia's decision to join BRICS will be a strategic decision that is more political and geopolitical in nature.
Efektivitas Mediasi Terhadap Perselisihan Pemutusan Hubungan Kerja Pada Dinas Perindustrian Dan Tenaga Kerja Ekawati, Margareta Dany; Subekti, Rahayu
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.v7i2.4916

Abstract

This article aims to analyze whether mediation for the settlement of disputes over termination of employment in Department of Industry and Labor of Sukoharjo has been effective enough or hasn’t been effective also to find out the obstacles that have been encountered by the mediators while handling the mediations in in Department of Industry and Labor of Sukoharjo. This article uses empirical legal research method  by directly examining research from the field and the nature of the research and the approach used is descriptive analytic.The result of this study indicates that the mediation for the settlement of disputes over termination of employment in Department of Industry and Labor of Sukoharjo hasn’t been effective enough, especially on law factor and cultural factor. In addition, the obstacles that have been encountered by mediators while handling the mediations are first, both parties stand on their own opinion and no one wants to settle down that makes it harder to find the solution, second, the employers can not attend the assembly, third, the employers are hard to cooperate with, lastly, the Covid-19 pandemic that is still spreading.
Undang-Undang Desa: Sebuah Kontribusi terhadap Literatur dan Kebijakan Setiadi, Deddy; Zeinuddin, Moh.; Munir, Miftahul
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.v8i1.5224

Abstract

The main focus of this research is on the understanding, implementation, and impact of the Village Law on financial governance at the village level. This research is expected to contribute to the literature on village financial governance, assist stakeholders in designing more effective policies, and encourage further research to optimize the village financial management system in accordance with the times. The normative juridical research method involves literature study and document analysis to understand the legal provisions contained in the relevant laws. The research identifies key principles in the law that impact on village financial management, including budget allocation, financial reporting, and accountability. Through a contemporary review, the research also evaluates the extent to which the laws reflect the dynamics of social, economic, and policy changes in village communities. The results provide an in-depth understanding of the implementation of relevant laws and the challenges faced by village governments in managing their finances. The findings provide a foundation for critical thinking regarding sustainability and improvement in the village financial management system, as well as for policy development that is more responsive to village needs and dynamics.

Page 17 of 20 | Total Record : 195

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