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M. Ramadhana Alfaris
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Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang
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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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Peranan E-Government Dalam Mitigasi Dampak Perubahan Iklim Suharnata, Suko; Shahrullah, Rina Shahriyani
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.v7i2.4756

Abstract

This legal scientific paper not analysis in depth role e-government in mitigating the impact of climate change in the Riau Islands region. As it is known that climate change is a serious topic of discussion for every country. The climate change that is happening in the Riau Islands region has an impact on almost all sectors ranging from health, agriculture, to changes in the number of islands in the Riau Islands. The preparation of this paper was carried out using normative and empirical methods through literature studies and interviews and observations so that the results of the analysis are described descriptively to find out the answers to the legal issues under study. The results of the research and discussion show that the impact of climate change in the Riau Islands over the past 20 years has triggered floods, extreme weather, extreme waves and abrasion, forest and land fires, and landslides. A number of risks resulting from these natural disasters can be prevented and minimized through mitigation measures by the Riau Islands Provincial Government. The e-government service through Kepri Smart Province has in fact not accommodated the public's need for disaster mitigation, so that currently the community still relies on two main mobile applications namely InaRISK Personal and BMKG Info. It is hoped that in the future the Riau Islands Provincial Government can develop and optimize the Riau Islands Smart Province service through the existence of a special service that provides information and early warning of disasters throughout the Riau Islands.
Legal Responsibility For Occupational Safety Of Parcel Delivery Courier Partners In Indonesia Alfiaturrohmania, Ulil; Fidhayanti, Dwi
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.v8i1.5065

Abstract

The lives of courier partners in the package delivery industry in Indonesia are full of safety-threatening challenges, especially when they use the "Cash On Delivery" (COD) payment system. Courier partners are often intimidated and mistreated by some customers, often buyers do not want to pay for COD packages because they feel the package is not suitable or the delivery is late, they must also be faced with the risk of traffic accidents. Courier partners are also considered informal workers who do not have clear attachments to service provider companies or government agencies, which causes companies to not have clear guidelines for risk management in this matter. This research was conducted to find out how legal responsibility for the work safety of courier partners in Indonesia and to find out the challenges and risks experienced by courier partners when carrying out their work. The research method used in this research is normative juridical using a statutory approach. Primary and secondary legal materials were obtained through literature studies and analyzed using descriptive methods. The results showed that the law enforcement used to protect the work safety of courier partners is Law No. 1 of 1970 concerning work safety.
Pemanfaatan Barang Milik Daerah Dalam Bentuk Perjanjian Bangun Guna Serah Gedung HI Tech Mall Khoiruddin, Amir; Yudhantaka, Lintang
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.v8i2.5505

Abstract

The implementation of the utilization of State or Regional Property can be carried out through the Build, Operate, and Transfer Agreement with the hope that it can continue to strive to carry out regional development by collaborating with the private sector. Cooperation between the Surabaya City Government and private parties is certainly based on an agreement that binds both parties. This study aims to determine the realization of legal certainty over the use of Regional Property in the form of legal protection for third parties (HI Tech Mall Merchants). This research uses analytical descriptive methods and uses a qualitative approach. The results showed that the agreement implemented by the parties has guaranteed legal certainty and is binding on each other based on the suitability of the elements that must be contained in a text of agreement in civil law and the existence of preventive and repressive legal protection for traders who still occupy shop booths in the HI Tech Mall Building until now.
Pemilu Adil dan Bermartabat: Suatu Tinjauan Sistem Hukum Lawrence M. Friedman Razak, Askari
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.v7i2.5025

Abstract

The effectiveness of regulations regarding elections that are able to provide fair and appropriate sanctions in any election violations that have been committed based on the applicable legal system can determine the success of organizing transparent and accountable elections. Lawrence M. Friedman explains the elements of the legal system consist of legal structure, legal substance, and legal culture. This research is a normative legal research that uses a conceptual research approach using primary legal materials, secondary legal materials, and non-legal materials. The result of this research is that the legal structure related to general elections still has obstacles related to the efforts to process the handling of alleged election criminal violations. In terms of legal substance, Law Number 7 Year 2017 needs to explain in more detail about election crimes and the qualifications of actions taken are offenses or crimes. As well as in terms of legal culture, both election organizers, election participants and the public as voters have not fully realized the nature or purpose of general elections. So that law enforcement in general elections based on Law Number 17 of 2017 concerning General Elections has not been effective based on a review of the legal system according to Lawrence M. Friedman.
Contextualizing Consumer Data Protection within the Operational Principles of Banking: A Legal Inquiry Situmeang, Ampuan; Disemadi, Hari Sutra; Marsudi, Irvan Ricardo
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.v8i2.5458

Abstract

This research aims to analyze the regulatory framework for the implementation of operational principles in banking as an effort to protect consumer data in Indonesia. The research method employed is normative legal research with a legislative approach to analyze banking regulations. This study involves the analysis of secondary data. The results indicate that the regulation of the implementation of operational principles in Indonesian banking has provided legal certainty in the protection of consumer data. Banks in Indonesia are mandated to maintain the confidentiality of consumer data, enhance trust, and manage risks with caution. The research also identifies several challenges and shortcomings that need further consideration to strengthen consumer data protection. The implementation of operational principles in banking, such as the Principles of Trust, Confidentiality, Prudence, and Know Your Customer (KYC) Principles, constitutes critical steps in safeguarding consumer banking data in the digital era.
Ganti Rugi Sebagai Wujud Kepastian Hukum Terhadap Barang Rusak Akibat Kebakaran Dalam Pengiriman Cargo Christalia, Wanda; Sutrisno, Sutrisno
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5642

Abstract

The implementation of compensation for goods damaged due to fire during the transportation of goods at the J&T Cargo Banyuwangi shipping service company is based on a transportation agreement that has been agreed upon by the parties who have reached an agreement. This transportation agreement is binding between both parties who have their respective rights and obligations. This research aims to determine the implementation of compensation for damaged goods in transportation at the J&T Cargo Banyuwangi delivery service company and to determine the obstacles in implementing compensation for damaged goods in transportation at the J&T Cargo Banyuwangi delivery service company. The type of research used is empirical juridical legal research with a statutory approach to the problems raised by the author. The results of the research show that in the implementation of compensation for damaged goods in the transportation of goods at the J&T Cargo Banyuwangi delivery service company, the implementation has been carried out well in accordance with applicable regulations, but in the implementation there are sometimes still negotiations regarding the nominal amount of compensation.
Kredit Macet Pada LPBBTI Sebagai Wujud Perlindungan Hukum Kusumo, Suryo; Yudhantaka, Lintang
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5648

Abstract

The development of technology that penetrates the world of economics has a significant impact on the financial sector in Indonesia. With the presence of Financial Technology financial institutions with the P2P Lending system, it is considered to be able to help the community's economy. However, on the other hand, it has a dark impact on the community so that it is prone to being tied to problems related to needs and the economy such as bad credit where someone experiences arrears in credit payments. Of course, this results in losses for the related financial institutions. This study aims to determine the legal position of the organizers of Information Technology-Based Joint Funding Services (LPBBTI) who experience bad credit and to understand the form of legal protection for the organizers of Information Technology-Based Joint Funding Services (LPBBTI) who experience bad credit. This study uses a normative legal research method. Data collection was carried out by means of literature and document studies. Data analysis was carried out using analytical descriptive methods and using a qualitative approach. The results of the study indicate that bad credit that can have legal consequences must be accepted by the recipient of funds because in this case it is very detrimental to the LPBBTI financial institution so that there needs to be an effort to protect the Organizer or Funder to avoid bankruptcy and revocation of the License by the Financial Services Authority.
Sistem Presidensial Melalui Penerapan Ambang Batas Parlemen (Parliamentary Threshold) Dalam Pemilihan Umum 2024 Di Indonesia Isnaini, Laylia; Wahyudi, Eko
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5650

Abstract

In writing this thesis, the author intends to evaluate the strengthening of the presidential system through the implementation of the parliamentary threshold in general elections in Indonesia. The type of research used is normative juridical legal research with a statutory approach to the issues raised by the author. The application of regulations regarding the parliamentary threshold as a strengthening of the presidential system in general elections in Indonesia raises the pros and cons because there are positive and negative sides generated from the application of the parliamentary threshold. From the existence of two different views, the author in this thesis wants to evaluate the comparison before the use of the parliamentary threshold in general elections in Indonesia and after the application of the parliamentary threshold in general elections in Indonesia. The result of this research is that the evolution of the political system reflects efforts to achieve a balance between political stability and inclusive representation. Despite some criticisms regarding the lack of flexibility and the potential for fragmentation, Indonesia's political system continues to evolve and adjust to meet the demands of a maturing democracy.
Kekaburan Dalam Perjanjian Waralaba Nababan, Nancy Eclesia; M.T.V.M, Sri Maharani; Sutrisno, Sutrisno
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5652

Abstract

The dynamics of business development in the current era have marked franchising as a very effective strategy for business owners to expand their reach with a high level of cost efficiency. In facing market complexity and dynamics, the franchise business model has become the main choice for many business actors. Within this framework, this study explores the specific case of a franchise located in "Pok-Pok My Crispy Snack", an entity that operates in the diverse realm of the Indonesian culinary industry. The main objective of this research is to reveal and analyze the legal challenges that arise from frequently encountered franchise agreements, especially those related to ambiguity. Ambiguity in franchise agreements can be a major source of legal uncertainty that has the potential to harm the franchisee. By adopting a normative juridical approach, this research describes franchise agreements and refers to related legal literature and applicable regulations as the main basis for analysis. Through a combination of conceptual and legislative approaches, this study then carried out in-depth descriptive and analytical exploration to produce systematic findings about the various problems faced. The research results confirm that ambiguity in franchise agreements results in violations of the principle of legal certainty. Therefore, legal protection for franchisees is very important, and this can be overcome through the mechanism of adding an addendum to the agreement, resolving disputes outside of court, or through court litigation as a final step.
Perbandingan Penetapan Yang Diberikan Oleh Hakim Dalam Menghadapi Permohonan Pembagian Waris Antara Ahli Waris Dan Pewaris Yang Berbeda Agama Siswoyo, Adinda Putri; M.T.V.M, Sri Maharani; Sutrisno, Sutrisno
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5670

Abstract

The issue of inter-religious inheritance in Indonesia has emerged as a multidimensional challenge, which has multiple interpretations with a plurality of inheritance law systems. The decision of the Semarang Religious Court Judge, as reflected in the differences between judges in giving decisions, namely the comparison of the judge's decision in decision Number 190/Pdt.P/2019/PA Smg and decision Number 890/Pdt. P/ 2021 PA JS, marks an important turning point by emphasizing that divergence in religious beliefs can hinder the inheritance process, as stipulated in the Compilation of Islamic Law (KHI). However, the implementation of obligatory wills, which is recognized in jurisprudence Number 1/ Yur/ Ag/ 2018, offers a legal mechanism to overcome these restrictions, providing space for non-Muslim heirs to participate in the distribution of inheritance assets, although with certain restrictions, illustrating efforts to seek balance between adherence to Islamic doctrine and the principles of legal egalitarianism. The ideal conception regarding the distribution of inheritance assets to heirs of different religions from their heirs, as described in Jurisprudence Number 1/ Yur/ Ag/ 2018, shows significant progress in the practice of Islamic law in Indonesia. It recognizes existing social conditions where religious differences within families and wider society are a reality. The recognition of obligatory wills as a legal tool indicates efforts to adapt Islamic law to dynamic and heterogeneous social needs, offering valuable lessons about the law's ability to adapt and respond to the needs of diverse communities. Furthermore, this affirms the importance of the values of justice and equality before the law, in line with human rights principles which emphasize religious freedom and the right to inheritance as essential components of these rights.

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