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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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Royalti Karya Seni Musik Sebagai Harta Bersama dari Perspektif Hukum Kebendaan Perdata dan Kompilasi Hukum Islam Frengki, Muhammad; Hakim, Arief Rachman
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.v9i1.5741

Abstract

This study aims to find out the legal perspective on civil law and the legal compilation of Islamic law in viewing the royalties on musical works as objects of joint property in marriage starting from the case in late 2023 of a musician sued by his wife in connection with the distribution of royalty on songs that have been created during marriage to be made equal to common property. This study uses methods of normative jurisprudential analysis with analysis of relevant legislative regulations and also previous research. The urgency of this research is that there is no law that clearly regulates that royalty can be used as joint property and ownership of its rights so that the laws in force at the moment can not respond and accommodate the needs of an increasingly dynamic society. Law as a non-final instrument will always be in a status of law in the making to adapt to the needs of society in its time. The results of this study indicate that the royalties on musical works still have the opportunity to be used as objects, in this case it is an object of joint property if referring to the theory of legal validity of Articles 499 of KUHPerdata and KHI especially Article 91(3) while keeping in mind the rights inherent in such musical works.
Hak Kebendaan Pengidap Gangguan Jiwa Dibawah Pengampuan Di Balai Harta Peninggalan Aryanto, Aisyah Octavianita; 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.v9i1.5742

Abstract

This research explores the implementation of legal protection for the property rights of individuals who experience mental disorders and are under guardianship at the Surabaya Heritage Center. Using a qualitative approach and analysis of primary and secondary data, this research identifies existing protections and evaluates the extent of their effectiveness in ensuring the material rights of vulnerable individuals. The Civil Code regulates that a person suffering from a mental disorder must be accompanied by someone who is being monitored and given the opportunity to appoint a representative who can be trusted to protect them in the future, precisely in Articles 433 to 461. Care at the Inheritance Hall after a decision by the Court is an action that must be carried out by the guardian to maintain Kurandus' rights to take legal action on Kurandus' property. It is hoped that the results of this research will provide better insight into the challenges and opportunities in strengthening legal protection for people with mental disorders who are under guardianship in Surabaya, as well as provide policy recommendations for further improvements in the protection system. People under guardianship also have the right to property, whatever its form, as long as it is obtained legally, so the state has an obligation to protect civil rights as well as the property even if the owner is under guardianship. It is hoped that this research can provide education to the wider community so that in the future it can increase legal awareness which has the impact of forming a legal culture around the protection of property rights for people in custody so that justice and the legal function of social control tools can operate or be enforced to support development of a human generation that is friendly to people with disabilities and implements the principle of equality before the law.
Harmonisasi Hukum Penjatuhan Pada Pidana Kasus Pembunuhan Berencana Terhadap Justice Collaborator Utama, Firdaus Rizky; Ravizki, Eka Nanda
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.v9i1.5755

Abstract

A Justice Collaborator is a perpetrator of a criminal act who cooperates with law enforcement authorities to later become a witness and provide testimony to help uncover specific criminal cases in exchange for a reduction in punishment, one of which involves premeditated murder as found in Verdict Number 798/Pid. B/2022/PN. Jkt. Sel. However, to become a Justice Collaborator, there are several conditions that need to be met. The aim of this research is to examine juridically the requirements for establishing a Justice Collaborator, as well as to analyze how the Judge's Consideration in Granting Leniency to Justice Collaborators in Verdict Number: 798/Pid. B./Jkt. Sel. The research method used in this study is the Normative Juridical method with a Conceptual Approach, Statutory Approach, and Case Approach. The results of this study show that in establishing a Justice Collaborator, several conditions must be met in accordance with the prevailing regulations, including Law No. 31 of 2014 and Supreme Court Regulation No. 4 of 2011, and judges in granting leniency to Justice Collaborators use several considerations, one of which is because the defendant becomes a Justice Collaborator and is willing to testify in court, thus shedding light on the case which was previously shrouded in confusion and misunderstanding from various parties, threatening to distort the truth and justice. The defendant's courage, honesty, and perseverance in facing various obstacles to uncovering the truth make them worthy of recognition as a Justice Collaborator and deserving of leniency.
Batas Maksimum Suku Bunga Financial Technology Lending Terhadap Nasabah Pinjaman Online Suryono, Darla Pratista Widyadhana; Fitriana, Zuhda Mila
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.v9i1.5762

Abstract

Online loans, also referred to as pinjol, are well recognized among the Indonesian population. Online lending is a business activity that involves lending money through digital platforms. It is supervised by the Financial Services Authority (OJK). However, not all players in the online lending industry comply with regulations, especially when it comes to determining interest rates. This is due to the lack of stringent and comprehensive regulations governing the determination of interest rates by the OJK, which allows several economic actors to use these rules. Currently, there are still numerous online loan applications that violate existing standards by setting interest rates that are not in compliance. These applications remain easily accessible to the public, which can have detrimental effects on individuals' lives, particularly among younger generations. In order to address and mitigate the issues that develop, it is imperative for the government to play a crucial role in making concerted efforts to resolve these problems, thereby ensuring that clients utilizing this online lending platform consistently have a sense of security and comfort. The findings of this study indicate that there are several online loan applications that remain valid but fail to adhere to requirements when it comes to disclosing interest rates to customers. This non-compliance has adverse effects for customers, both in terms of tangible and intangible consequences. Hence, in this particular scenario, the involvement of the OJK is indispensable in overseeing the participants of the internet lending industry and ensuring the safeguarding of customers utilizing these services.
Implikasi Hukum Pasca Perubahan Nama Perseroan Terhadap Izin Usaha Perseroan Nugraha, Aditya Yuda; Sikumbang, Sony Maulana
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.v9i1.5771

Abstract

Changes to the Articles of Association related to changes in the name of the Company are regulated in Article 21 Paragraph 2 of Law No. 40 of 2007 concerning Limited Liability Companies. In this article, the author examines how changing a company's name can have implications for the status of the company's business license. The problem discussed was the problem with the Company's Business License Decree because after the Ministry of Law and Human Rights' Approval Decree was issued regarding the change in the company's name, it had no impact on the change in the Business License Decree, so there were differences in the recording of company names between Ministries. This resulted in the company not being able to carry out its business license. Legal standing in protecting the company's actions is very necessary to create legal certainty in the licensing process. The case occurred with a company operating in the mining sector. There was a shift in authority between the Ministry of Investment and the Ministry of Energy and Mineral Resources, resulting in losses for the company.

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