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[Sengketa Wanprestasi Perjanjian Perusahaan Patungan Dengan Pihak Investor Asing Berdasarkan Pilihan Hukum dan Pilihan Forum ]]>
<![CDATA[Sihombing, Sony Putri Lestari]]>;
<![CDATA[Yudhantaka, Lintang]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5675
<![CDATA[One form of investment cooperation carried out in Indonesia to help improve the Indonesian economy is Joint Venture cooperation. A joint venture is a business carried out jointly between foreign investors (PMA) and domestic investors (PMDN) based on an agreement or known as a joint venture agreement which is the basis for forming a new legal entity. The thesis with the title Legal Protection of Investors for Disputes of Default on Joint Venture Agreements Based on Law Number 25 of 2007 concerning Capital Investment is normative research where the background to the problem when in practice joint venture cooperation does not always comply with what is stated in the Joint Venture agreement. Things like this are what give rise to joint venture cooperation disputes between investment parties. This research uses normative law (normative law research) which can be concluded as the act of studying various kinds of formal legal rules such as laws and the type of approach in this research uses a statutory approach (statue approach). The results of this research indicate that incoming foreign investors must establish a limited liability company in the form of a joint venture collaboration based on the Investment Law, this is to provide legal certainty for the parties. The existence of these legal regulations ensures that capital investment, which is the scope of the implementation of the national economy, can be positioned as an effort to increase economic growth. During the period of cooperation, it is possible that disputes will arise between the parties. It is hoped that the investment parties will be able to choose and take into account what legal remedies are best for resolving the disputes that occur. Every party involved in drafting the substantive contents of the agreement must be careful considering that the joint venture agreement will be the basis and guideline for the parties to carry out the operations of the Joint Venture company.]]>
<![CDATA[Hubungan Hukum Dalam Penerapan Bank Secrecy Law Pada Nasabah Penyimpan Dana dan Lembaga Perbankan ]]>
<![CDATA[Setyamika, Bunga]]>;
<![CDATA[Sutrisno, Sutrisno]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5678
<![CDATA[This research aims to examine the legal relationship between Bank and customers who save funds from the aspects of contracts, confidentiality obligations and the bank's responsibilities towards customers who experience account breaches. The research method used is normative juridical, carried out by literature study. Data collection was carried out by research through books, statutory regulations and published journals. Based on the research results, it was found that the legal relationship between banks and depositors is based on the principle of trust between both parties. The relationship between banking institutions and deposit customers uses a lending and borrowing contract in accordance with Article 1754 of the Civil Code. Regarding the bank's responsibility to provide compensation in the form of a refund of funds or similar goods or services whose value is equal.]]>
<![CDATA[Boedal Pailit: Keabsahan Perjanjian Pengikatan Jual Beli Tanah dan Bangunan ]]>
<![CDATA[Machfudi, Aliyah Samantha]]>;
<![CDATA[Yulianingsih, Wiwin]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5679
<![CDATA[A Sale and Purchase Agreement is an agreement between the development party or seller and the buyer to carry out land and/or building sale and purchase activities made before a Notary. In its development, the practice of buying and selling which is bound by a Sales and Purchase Agreement (PPJB) often experiences problems. This research will discuss the issue of Binding Sale and Purchase Agreements for bankrupt companies. The method used in this research is normative juridical which is based on statutory regulations, legal theory and expert opinions. The author collected primary and secondary data which was then analyzed qualitatively, namely linking descriptive data to a particular issue which was linked to literature and opinions of legal experts and based on applicable laws and regulations. The results of this research explain the validity of the Sale and Purchase Agreement (PPJB) whose object is entered into bankruptcy and the legal consequences of having a Sale and Purchase Agreement (PPJB) whose object is entered into bankruptcy. From this analysis, it can be concluded that an agreement whose object is entering the bankruptcy court is an invalid agreement because it does not comply with the legal requirements of the agreement. It is hoped that the results of this research can contribute ideas to parties in buying and selling to pay more attention to existing conditions before making a sale and purchase agreement.]]>
<![CDATA[Penyalahgunaan Organisasi Nirlaba sebagai Sarana Pencucian Uang dan Pendanaan Terorisme ]]>
<![CDATA[Viero, Endrico]]>;
<![CDATA[Bonaparta, Gandjar Laksmana]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5701
<![CDATA[The risks of money laundering and terrorism financing are major threats to nonprofit organizations, as their unique characteristics make them vulnerable to exploitation. Risk management is important in identifying vulnerabilities and mitigating risks so that nonprofit organizations are not exploited for illicit activities. The risks faced include strategic, financial, and compliance, which can be exacerbated by poor strategic planning, inappropriate financial management, and lack of compliance practices. It is important to protect nonprofit organizations from money laundering and terrorist financing without hindering legitimate charitable activities or restricting access to resources. Good governance, strong financial management, including internal controls and risk management procedures, is the best approach to preventing abuse. Thorough due diligence of parties involved with a nonprofit organization is also important. Administrators of non-profit organizations should be informed about steps to prevent money laundering and terrorist financing and actions to take if they suspect abuse.]]>
<![CDATA[Kebakaran Lahan Gambut: Pertanggungjawaban Tindak Pidana Korporasi ]]>
<![CDATA[Amin, Hidayat]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5710
<![CDATA[In criminal liability for environmental crimes, it is not only individuals who can be held criminally responsible, but corporations can also become defendants. This is the case in Decision No. 2042K/Pid.Sus/2015, which made PT Adei Plantation & Industry the defendant for the burning of peatlands. In the verdict, PT Adei Plantation & Industry was the only defendant without involving the management of the corporation. However, in the end, the management of the corporation (directors) who represented the corporation at the trial, was subject to substitute punishment if the corporation did not comply with the court's decision as contained in the first-level decision which was upheld until the cassation level at the Supreme Court. Therefore, this research will discuss the accuracy of the determination of PT Adei Plantation & Industry as a defendant and the imposition of appropriate sanctions for corporations so that the punishment given is right on target, especially for the environment. In conducting this research, a normative juridical research method will be used. So that in analyzing this research will be based on normative regulations and also various books and documents that support this research. This research shows that the determination of a corporation as a defendant can be based on several doctrines that depend on the criminal offense that occurred. In addition, there is an error in the imposition of criminal sanctions in the PPLH Law which results in the management of a corporation that has never been made a defendant also getting a substitute punishment if the corporation does not fulfill the punishment that has been imposed on the corporation.]]>
<![CDATA[Korban Pemerkosaan Dalam Hal Pemenuhan Hak Aborsi Oleh Kepolisian Resor Jombang ]]>
<![CDATA[Puspitasari, Rizki Dian]]>;
<![CDATA[Hakim, Arief Rachman]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5716
<![CDATA[The emergence of pregnancy due to rape cannot be separated from the act of rape itself. Rape victims should be able to choose whether to give birth to their child or to have an abortion. It often happens that rape victims become perpetrators of criminal abortion due to a lack of information about safe and legal abortion. In reality, regulations regarding abortion for rape victims have been stipulated in the Government Regulation on Reproductive Health. The phrase “pregnancy due to rape” allows for abortion to be carried out if it complies with the provisions set by the government. This proves that there is a right to abortion for rape victims to be able to terminate their pregnancy. However, in reality, even though there are regulations that govern, the implementation of these regulations still faces obstacles and rejection. This study aims to find out the implementation of the abortion rights of rape victims based on empirical juridical research facts to find theories about the process of occurrence and the working of law within society. The legal protection that should be received by rape victims as victims in the crime of rape becomes questionable because if the rape victim has an abortion, then the victim is at risk of becoming a criminal offender. The government should indeed provide abortion rights to rape victims and strict criminal provisions regarding legal protection for rape victims who have abortions.]]>
<![CDATA[Konflik Agraria Akibat Keputusan Pemerintah yang Melanggar Kesejahteraan Masyarakat ]]>
<![CDATA[Andradjadi, Michelle Hana]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5717
<![CDATA[Land disputes often occur in Indonesia, these conflicts can occur between people or between people and the government. There are also several land conflicts that occur due to government decisions that violates people rights, causing harm to the community. Land, which is a gift from God Almighty, should be used as well as possible for the welfare of society, but sometimes the government, which is given the authority to cultivate it, does not use the authority that has been given properly. This research aims to find out the background of the conflict that occurred and how the conflict can be resolved. This article was written with descriptive analytical methods which were researched through collecting data sourced from books, journals and articles as well as news. The results of the research are that the government is more careful in exercising its authority, paying attention to the interests of the community, and improving laws and regulations that are no longer relevant to the current agrarian situation in Indonesia.]]>
<![CDATA[Evolusi dan Dampak Transformasi Perkembangan UMKM Digital Melalui E-Commerce Go Digital Mitra ]]>
<![CDATA[Fariesta, Daffa]]>;
<![CDATA[Sutrisno, Sutrisno]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5725
<![CDATA[This research provides a comprehensive overview of the development and trasnformation of MSMEs (Micro, Small, and Medium Enterprises) in Indonesia in the era of digitalization, focusing on the Go Digital program by Bukalapak. The digital era has redefined the traditional paradigm of MSMEs, enabling them to access broader markets and interact directly with consumers through e-commerce platforms such as Bukalapak. This shift not only enhances the visibility and sales of MSMEs but also supports digital inclusion and empowers the local economy. With the Go Digital program, Bukalapal offers a platform that facilitates MSMEs to sell products online, while also providing support in aspects of marketing, logistics, and transaction security. This research highlights the importance of collaboration between the government and digital platforms to support the growth of MSMEs and the positive impact generated from this synergy, including enhancing the competitiveness of MSMEs in the global market and improving digital literacy. This research utulizes a normative legal research method, which is based on the study of norms and prevailing regulations, and their relevance to the technological developments in society within MSMEs. This reasearch examines constraints such as low digital literacy and logistical issues that need to be addressed, while also emphasizing the importance of understanding and seriously addressing these challenges to ensure the successful transformation of MSMEs through digital platforms.]]>
<![CDATA[Reformasi Pelaku Tindak Pidana Yang Mengidap Penyakit Jiwa: Perbandingan Hukum Pidana Indonesia dan Belanda ]]>
<![CDATA[Indratmoko, Daryll Alessandro]]>;
<![CDATA[Hakim, Arief Rachman]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5727
<![CDATA[Mental illness is one of the things that is quite complicated, especially in its regulation in the field of law, there must be a good and effective special arrangement or treatment for offenders with mental illness in the process of punishment to punishment and action, based on that, a comparative study can be carried out to find out the advantages and disadvantages which can then be taken into consideration to be applied in Indonesia, in this study using the Netherlands which has a long historical background with Indonesia.This research uses normative juridical and then analyzed descriptively and uses a qualitative approach. The results showed that the Netherlands has advantages in the judicial process and the provision of punishment and action, namely first in the judicial process itself in the Netherlands there are external institutions that will help the judicial process to be more efficient and also this external institution itself can guarantee the competence and credibility of the judicial process against offenders with mental illness, then in the provision of punishment and action the Netherlands has more detailed regulations, namely there are additional laws such as forensic laws, especially psychiatric forensics which are certainly very much needed and also laws around providing treatment if the offender is forced to serve a sentence, of course this is very much needed in dealing with offenders with mental illness because the nature of mental illness itself is quite complex.]]>
<![CDATA[Wanprestasi Yang Dilakukan Oleh Pelaku Usaha Makanan Atas Pesanan Yang Tidak Sesuai Pada Aplikasi Layanan Antar Jasa Elektronik ]]>
<![CDATA[Mellenia, Fritta Omea]]>;
<![CDATA[Fitriana, Zuhda Mila]]>
<![CDATA[ Legal Spirit Vol. 9 No. 1 (2025): Law and Society ]]>
Publisher : <![CDATA[Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang ]]>
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DOI: 10.31328/ls.v9i1.5733
<![CDATA[The occurrence of defaults presents specific challenges, particularly in the form of discrepancies in online food purchase services. These inconsistencies can arise in E-commerce application transactions between food services and can lead to severe dissatisfaction. These losses can encompass unproductive time, inconvenience, which leads to difficulties, and even legal ramifications. The objective of this research is to ascertain whether the actions taken by food business participants in response to incorrect orders meet the criteria for breach of contract. Additionally, it seeks to identify and comprehend the legal ramifications of defaults committed by food business participants in relation to orders that do not align with E-commerce applications. This study employs normative legal research methodologies. The data gathering was conducted through the methods of content analysis, literature review, and document examination. The data analysis was conducted utilizing descriptive analytical techniques and a qualitative methodology. The research findings indicate that the Food Delivery Service Provider Business Partner's acts have violated the terms of the contract, leading to legal repercussions. Consequently, the consumer is entitled to pursue proper legal measures in this situation.]]>
