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ANALISIS YURIDIS SISTEM PEMBIMBINGAN KLIEN PEMASYARAKATAN DI BALAI PEMASYARAKATAN (BAPAS) KLAS I MALANG Enny Umronah
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1467

Mentoring is a series of law enforcement through the unity of life relationship efforts, life and the livelihood of the inmates in a social life. so they can realize their mistake, improve theirselves and not to repeat the criminal act and be accepted by the environment, by improving the inmates quality, devotion to God the Almighty, intellectual, attitude and behavior, professional, physical and spiritual health of However, the mentoring process was not carried out optimally, resulting the offense of law happen again that is why the thesis titled judicial analysis of the mentoring of penitentiary client system in Balai Pemasyarakatan Kelas I Malang. This study was intended to describe how does the inmate mentoring penintetiary system in Balai Pemasyarakatan Kelas I Malang ?, what factors that affect the implementation of the inmate in Balai Pemasyarakatan Kelas I Malang ?. Furthermore, this study aims to describe and explain the inmates mentoring system also elaborates and analyzes the factors that influence the mentoring system of the inmate in Balai Pemasyarakatan (BAPAS).Keywords: Guidance, Penitentiary, Penitentiary (Bapas)

ANCAMAN PEMBERATAN PADA JENIS HUKUMAN DISIPLIN MILITER SEBAGAI UPAYA PENCEGAHAN PELANGGARAN DISIPLIN PRAJURIT TENTARA NASIONAL INDONESIA (TNI) Nurdin Nurdin
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1462

This study aims to analyze the regulation of the threat of punishment for military discipline as regulated in Article 11 of Law Number 25 of 2014 concerning Military Disciplinary Law and to find out juridical problems faced by superiors who have the right to punish (Ankum) in the application of Law Number 25 of 2014 concerning Military Discipline Law. In the discussion of this research, the juridical problems faced by Ankum usually have a tug of war between Ankum and law enforcement authorities (civilians). When warriors commit violations related to civilians, then it is usually difficult for Ankum to take action. From this aspecttoo, Ankum usually felt that his position as Commander felt failed because of violations committed by his subordinates. Furthermore, the application of sanctions given by Ankum to soldiers who were sentenced to military discipline had a deterrent effect on the perpetrators, this proved to be fewer violations every year

REFORMULASI PENGATURAN PEMBANGUNAN JALAN DESA KABUPATEN MALANG Avicenna M Saniputera
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1475

The administration of government in all lines has a high level of complexity. In the discourse of the state of law, all such implementation must be based on definite legal rules, or known as due process of law. The prerequisites that must be met in the rule of law, are certainty and harmonization. Certainty means not multiple interpretations, and harmonious, does not collide with other arrangements. Apparently these aspects were not fulfilled in the Law governing village roads. There were two institutions that were obliged to implement them, not to mention the standard distribution, which were village roads, and Malang district roads. For this reason, this study discusses: First, How is the juridical analysis and the impact of regulating the authority of organizing village roads in Malang regency in terms of the Regional Government Law, the Village Law and the Road Law? Second, how are the efforts to reform the village road development arrangements in the future that meet the elements of legal certainty and in accordance with the direction of regional development in Malang Regency? This research uses normative legal research, with the approach of statutory and conceptual regulations.Key words: Reformulation, Development, Village Road, Malang Regency

HAK KEBEBASAN BERPENDAPAT DAN TINDAK PIDANA MAKAR Hufron Hufron
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1469

Basically, the crime of treason is an act that fulfills two elements, namely the intention on one side and the beginning of the implementation on the other side. The beginning of the implementation itself refers to actions tobring down a legitimate government, kill the President or Vice President, and to separate part or all of the territory of the Republic of Indonesia. The link between the right to freedom of opinion and treason crimes is freedom ofopinion, precisely freedom of expression in public, can not be said treason as long as it meets the provisions of Article 6 of Law No. 9 of 1998 concerning Freedom of Expression in Public, namely respecting the rights andfreedoms of others; respect for generally recognized moral rules; obey the laws and provisions of the applicable laws and regulations; maintain and respect public security and order; and maintaining the integrity and unity ofthe nation, and vice versa, freedom of opinion can be said as treason if carrying objects that can jeopardize public relations intended to bring down a legitimate government, to kill the President or Vice President, and to separate part or all of the territory of the State Homeland.Keywords: treason crime, freedom of opinion.

ANALISIS TERHADAP HAK GUGAT DEBITUR PADA PELAKSANAAN LELANG EKSEKUSI DALAM PASAL 6 UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH Khoirul Muslihah
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1463

The research aims to find out the causes and reasons for debtors to file a lawsuit or resistance to the auction process, and to analyze the decision of the Panel of Judges against the lawsuit / resistance submittedby the debtor against the auction conducted by KPKNL Malang based on Article 6 of the UUHT. The method used is normative juridical namely legal research conducted by examining and examining library materials.The results show that First, the emergence of a lawsuit by the debtor occurs due to several factors such as auction prices that are too low, the auction of bad loans carried out before the maturity of the credit agreement, procedures / procedures for conducting auctions that are not appropriate, for example, notification of auctions that are not timely , announcements that are not in accordance with procedures, related to inheritance and / or joint property issues for which the guarantee process is invalid, and for illegal acts in the auction process. Secondly, the decisions of judges in deciding auction cases vary, as is the case with the author, that there are decisions that win the KPKNL on the grounds that based on Article 6 of the UUHT the KPKNL has the authority to conduct an auction. Besides that there is also a decision canceling the auction because it did not meet the procedures.Key words: Debtor Claim Rights, Auction Implementation, UUHT

IMPLEMENTASI PRINSIP TATA PEMERINTAHAN YANG BAIK DALAM PENGAWASAN PENDAFTARAN HAK ATAS TANAH Rommy Hardyansah
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1476

The Opening of the 1945 Constitution of the Republic of Indonesia Paragraph IV is the NRI's State of Interest. In order to realize the mandate of the constitution, a system of state and government administrationis needed based on the principle of good governance by involving various parties, both the state administration and the people. Land Registration regulated in Government Regulation No. 24 of 1997. Land registration has various problems including double certificates; fake certificate; conversion of rights that arelegally flawed. The Saber Pungli Team did arrest employees in the office of Malang City National Land Agency. These problems indicate that BPN as a state institution does not provide public services in accordance with the principles of Good governance..Keywords: Good Governance, Land Registration, Supervision, Implementation of Good Governance.

IMPLEMENTASI PRINSIP TATA PEMERINTAHAN YANG BAIK DALAM PENGAWASAN PENDAFTARAN HAK ATAS TANAH Hardyansah, Rommy
Legal Spirit Vol 3, No 2 (2019): Legal Spirit, Desember, 2019
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1476

The Opening of the 1945 Constitution of the Republic of Indonesia Paragraph IV is the NRI's State of Interest. In order to realize the mandate of the constitution, a system of state and government administrationis needed based on the principle of good governance by involving various parties, both the state administration and the people. Land Registration regulated in Government Regulation No. 24 of 1997. Land registration has various problems including double certificates; fake certificate; conversion of rights that arelegally flawed. The Saber Pungli Team did arrest employees in the office of Malang City National Land Agency. These problems indicate that BPN as a state institution does not provide public services in accordance with the principles of Good governance..Keywords: Good Governance, Land Registration, Supervision, Implementation of Good Governance.

REFORMULASI PENETAPAN LAHAN HIJAU DI KABUPATEN MALANG Romdhoni Romdhoni
Legal Spirit Vol 3, No 2 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1470

This research results: First, there is a disharmony between the two rules in the determination of different numbers of green land, where the number contained in the LP2B regional regulation is 45,888.23 Ha, this figure is greater than the RTRW Perda which is 33,110, 3 Ha so there are the difference in green land area is 12,777.3 hectares. Generally in practice the green land is decreasing, not increasing. Second, the formation of the LP2B Perda is not participatory, this is proven because the Perda in its formation does not harmonize norms with the RTRW, whereas in the LP2B Law, it is mandated that the stipulation of LP2B must be adjusted to the RTRW. The impact of the norm uncertainty, first, has a negative impact on licensing factors in the investment sector. Thus the authors provide legal recommendations, which are reviewed first using the political political approach, which produces two main things that become the signs for changes in LP2B regional regulations, namely legal certainty in all fields and ideal community participation.Keywords: Reformulation, Perda LP2B and RTRW, Determination, and Green Land

REFORMULASI PENETAPAN LAHAN HIJAU DI KABUPATEN MALANG Romdhoni, Romdhoni
Legal Spirit Vol 3, No 2 (2019): Legal Spirit, Desember, 2019
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i2.1470

This research results: First, there is a disharmony between the two rules in the determination of different numbers of green land, where the number contained in the LP2B regional regulation is 45,888.23 Ha, this figure is greater than the RTRW Perda which is 33,110, 3 Ha so there are the difference in green land area is 12,777.3 hectares. Generally in practice the green land is decreasing, not increasing. Second, the formation of the LP2B Perda is not participatory, this is proven because the Perda in its formation does not harmonize norms with the RTRW, whereas in the LP2B Law, it is mandated that the stipulation of LP2B must be adjusted to the RTRW. The impact of the norm uncertainty, first, has a negative impact on licensing factors in the investment sector. Thus the authors provide legal recommendations, which are reviewed first using the political political approach, which produces two main things that become the signs for changes in LP2B regional regulations, namely legal certainty in all fields and ideal community participation.Keywords: Reformulation, Perda LP2B and RTRW, Determination, and Green Land

SINKRONISASI NORMA HUKUM PELAKSANAAN PROGRAM NASIONAL AGRARIA (PRONA) DENGAN POLA PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) Ismail Ismail
Legal Spirit Vol 3, No 1 (2019): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v3i1.1464

The research is motivated by the existence of conflicting norms between Ministerial Regulation ATR / BPN Number 6 of 2018 concerning PTSL with PP Number 24 of 1997 concerning Land Registration in achieving all land certificates in 2025. Therefore the President issued a nawacita that is through the National Agrarian Program or (PRONA) with the PTSL pattern. This research uses Normative Juridical Research Type. Furthermore, the results of the research show that Synchronization between Ministerial Regulation ATR / BPN Number 6 of 2018 concerning PTSL compared with PP Number 24 of 1997 concerning Land Registration based on Article 8 Paragraph (1) and (2) of Law Number 12 of 2011 concerning Formation of Regulations This unconstitutional legislation is because the contents do not violate or are not in conflict with Government Regulation Number 24 of 1997 concerning Land Registration only to achieve the goal of land certification in Indonesia in 2025 which has reached 100% then the existence of Ministerial Regulation ATR / BPN Number 6 2018 concerning PTSL only shortens the requirements contained in PP No. 24 of 1997 concerning Land Registration not to eliminate or even eliminate.Keywords: Synchronization, National Agrarian Program, Land Registration, Implementation

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
M. Ramadhana Alfaris

Contact Email
pps@widyagama.ac.id

Phone
+6281217783216

Journal Mail Official
pps@widyagama.ac.id

Editorial Address
Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang

Location
Kab. malang,

Jawa timur

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name M. Ramadhana Alfaris

Contact Email pps@widyagama.ac.id

Phone +6281217783216

Journal Mail Official pps@widyagama.ac.id

Editorial Address Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang

Location Kab. malang, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
M. Ramadhana Alfaris

Contact Email
pps@widyagama.ac.id

Phone
+6281217783216

Journal Mail Official
pps@widyagama.ac.id

Editorial Address
Program Pascasarjana Magister Hukum, Universitas Widya Gama Malang. Jl. Borobudur No. 35 Malang

Location
Kab. malang,

Jawa timur

INDONESIA