Legal Spirit最新文献

Legal Responsibility For Occupational Safety Of Parcel Delivery Courier Partners In Indonesia 印度尼西亚包裹递送快递合作伙伴的职业安全法律责任

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5065

Ulil Alfiaturrohmania, Dwi Fidhayanti

{"title":"Legal Responsibility For Occupational Safety Of Parcel Delivery Courier Partners In Indonesia","authors":"Ulil Alfiaturrohmania, Dwi Fidhayanti","doi":"10.31328/ls.v8i1.5065","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5065","url":null,"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.","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"50 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140739442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pemeliharaan Anak Setelah Perceraian 离婚后的子女抚养费

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5238

Fernanda Akbar Budiman, Abdul Salam

{"title":"Pemeliharaan Anak Setelah Perceraian","authors":"Fernanda Akbar Budiman, Abdul Salam","doi":"10.31328/ls.v8i1.5238","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5238","url":null,"abstract":"Child care involves parents, namely father and mother, as parties who have responsibility for their children. As time goes by, sometimes disputes occur between husband and wife which result in divorce. The purpose of this writing is to find out about child maintenance after divorce according to statutory regulations. Child care after divorce is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 1 of 1974 concerning Marriage. Child maintenance after marriage in the case study of Decision Number 395/Pdt.G/2021/PN Jkt.Utr. It started with the Plaintiff (Wife) and the Defendant (Husband) who divorced, they had two sons, namely Brother A and Brother B. In this case there has been a divorce, then the parents, either father or mother, are obliged to provide maintenance for their children. until they are adults or able to stand on their own. These children's rights are supported by Article 14 of the Child Protection Law where children have the right to meet directly or have personal contact with their parents, children have the right to receive care, maintenance, education and protection for the growth and development process from their parents according to their abilities, talents and interests, the right to receive living expenses from both parents, and the right to obtain other children's rights. So that the two children of the Plaintiff and Defendant are entitled to receive maintenance in the form of a place to live with the mother because she is the closest person to the child and receives support and education from father to adult.","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"215 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140740297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Wanprestasi oleh Koperasi Simpan Pinjam: Bagaimana Dampak Hukumnya? 储蓄与贷款合作社违约：有何法律影响？

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5148

Brian Martin

{"title":"Wanprestasi oleh Koperasi Simpan Pinjam: Bagaimana Dampak Hukumnya?","authors":"Brian Martin","doi":"10.31328/ls.v8i1.5148","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5148","url":null,"abstract":"The development of the national economy and the changes that occur in the business environment, including the savings and loan cooperative unit, which is directed to always encourage and play an active role in increasing the income of its members in order to be able to overcome existing social inequality. Cooperatives are a joint business entity that struggles in the economic field by taking the right and steady path with the aim of freeing itself from the economic difficulties generally suffered by its members. However, in reality, this cooperative has not been maximized in controlling credit so that the ability to generate Residual Income (SHU) is still less effective and must enter the realm of court because of defaulting on its customers. Therefore, this research will analyze legal protection in the event of default by the company in this context is the Cooperative. This research is normative (legal) research. The results of this study conclude that the Cooperative Law does not specifically mention legal protection for customer funds while for customers the protection is seen in article 7 and article 8 of Government Regulation Number 33 of 1998 concerning Participation Capital in Cooperatives and the protection of customers is not regulated with certainty so that regulations are needed to resolve defaults committed by business actors of Savings and Loan Cooperatives.","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"83 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140736320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Implementation of Plea Bargaining in the Indonesian Criminal Justice System 印度尼西亚刑事司法系统中认罪求情协议的实施情况

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5195

Desi Nurana

{"title":"Implementation of Plea Bargaining in the Indonesian Criminal Justice System","authors":"Desi Nurana","doi":"10.31328/ls.v8i1.5195","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5195","url":null,"abstract":"There is a need for a new system in the Indonesian Criminal Justice System that is thought to make case handling more efficient, specifically by adopting plea bargaining as a problem-solving method for the Indonesian criminal justice system. In this study, the issue formulation is how to implement plea bargaining in the present criminal justice system and the urgency of plea bargaining in the renewal of the Indonesian criminal justice system. The Normative Juridical Research technique was employed to generate this research. Normative Juridical Research is a type of legal research that involves literature study or just secondary information. The regulation on the application of Plea Bargaining in the current criminal justice system is not based on the value of justice, as Article 4 paragraph (2) of Law No. 48 of 2009 concerning Judicial Power mandates that the judicial process must be carried out quickly. At a low cost, but based on the problems that the author described in the previous sub-chapter, the criminal justice process has not been able to reach a simple judicature to this day. The complexity of the criminal justice process in Indonesia now prevents simple, quick, and low-cost judicial implementation from being accomplished in the criminal justice process in Indonesia. In this case, there is a need for a renovation of Indonesia's criminal justice system. This is the legal basis for the urgent need to establish Plea Bargaining in Indonesia.","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"18 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140738970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Undang-Undang Desa: Sebuah Kontribusi terhadap Literatur dan Kebijakan 乡村法：对文献和政策的贡献

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5224

Deddy Setiadi, Moh. Zeinuddin, Miftahul Munir

{"title":"Undang-Undang Desa: Sebuah Kontribusi terhadap Literatur dan Kebijakan","authors":"Deddy Setiadi, Moh. Zeinuddin, Miftahul Munir","doi":"10.31328/ls.v8i1.5224","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5224","url":null,"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.","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"54 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140739529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Wanprestasi Oleh Penjual Pada Perjanjian Pengikatan Jual Beli 卖方在买卖合同中违约

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5604

Grace Ayu beta Evangeli, Rahmi Zubaedah, Imanudin Affandi

{"title":"Wanprestasi Oleh Penjual Pada Perjanjian Pengikatan Jual Beli","authors":"Grace Ayu beta Evangeli, Rahmi Zubaedah, Imanudin Affandi","doi":"10.31328/ls.v8i1.5604","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5604","url":null,"abstract":"Default is an act of breaking a promise must be from the seller to perform an achievement, if the implementation of the obligation is not affected by circumstances, then the seller has committed an act of breaking promise. In this case, the occurrence of what is done seller of land to a buyer who has good faith which result in a binding sale and purchase agreement that has been agreed and sight by boyh parties. So the purpose of this study is to determine the factors that cause the seller’s default on the sale and purchase binding agreement as well as the legal consequence of the default commited by the seller and how the (legal) efforts to resolves default disputes in the land sale and purchase binding agreemenat.The research method is using normative juridical research methods that are studied using a statutory research approach, literatur, papers, and books and using descriptive analysis. From the results of this study it can be conclude that the occurrence of default in the sale binding agreement made by the seller to the buyer is caused by a negligence factor in which there is an element of intentionality in the from of no good faith from the seller. There are legal consequences for the seller, namely defaulting on the sale and purchase binding agreement namely paying compensation suffered by the buyer, transferring risks, paying case cost.","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"64 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140736297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Urgency to Renew Bankruptcy Law Requirements and Summary Proof in Indonesia 印度尼西亚更新破产法要求和简易证明的紧迫性

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5081

David Tan, Lu Sudirman, Jasisca Fiorentine

{"title":"The Urgency to Renew Bankruptcy Law Requirements and Summary Proof in Indonesia","authors":"David Tan, Lu Sudirman, Jasisca Fiorentine","doi":"10.31328/ls.v8i1.5081","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5081","url":null,"abstract":"The provisions pertaining to bankruptcy and summary proof in Law Number 37 of 2004 present various drawbacks in their application, particularly impacting debtors. Debtors can be declared bankrupt with relative ease, and the requirement for declaring bankruptcy does not directly indicate the debtor’s insolvency. This can present difficulties for other creditors, as the leniency in bankruptcy requirements for debtors is viewed as means to accelerate debt resolution, even though not all face the same circumstances. This research will focus on the issues regarding the urgency of revising Law Number 37 of 2004, specifically with regard to the conditions for bankruptcy and summary proof. The method used in this research is the doctrinal legal research method, which entails scrutinizing literary sources, legal theories or principles, research journals, and legislative regulations to analyze the subject of the research. Furthermore, a comparative approach is adopted to evaluate the development of Indonesian law by examining the bankruptcy legal frameworks in France and the Netherlands. The study concludes that the pressing need for amendments to the conditions for bankruptcy and summary proof in Law Number 37 of 2004 necessitates a responsive legal system. This can be achieved through a comprehensive review of problematic regulations. Therefore, the incorporation of additional measures, such as an insolvency test and a proactive approach by judges, establishes a regulatory mechanism that can be viewed as a responsive outcome in the future.","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"32 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140737822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Indonesia Sebagai Anggota International Centre For Settlement Of Investment Disputes 印度尼西亚作为国际投资争端解决中心的成员

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5191

Stephanie Casily

{"title":"Indonesia Sebagai Anggota International Centre For Settlement Of Investment Disputes","authors":"Stephanie Casily","doi":"10.31328/ls.v8i1.5191","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5191","url":null,"abstract":"International Centre For Settlement Of Investment Disputes (ICSID) is an effort to settle investment disputes by means of arbitration. This institution aim to create a just, effective, and fair treatment towards both contracting parties which are (a) investor from another state and (b) host state. As dispute might rise within an investment contract, Indonesia believes that by joining ICSID, the investors will be given the ultimate protection of unfair treatment from Indonesia. This is due to the fact that investors are allowed to bring such dispute into the arbitration of ICSID, should a violation is being conducted. Even if the intention of Indonesia to join ICSID was made in good faith, many violations of the investor’s responsibility result in many cases of ICSID. Moreover, ICSID’s claim to solve a dispute with effective, and fair treatment towards both contracting parties are at stake, considering there are a lot of cases that require more than 10 (ten) years to be settled. Therefore, many people are expressing their concern of Indonesia’s status as one of the ICSID member. The method of this research is based on a Case Based Approach and considered as a normative legal research as it’s type in order to answer the research question regarding Indonesia’s status as an ICSID member. ","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"12 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140737142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Prinsip Itikad Baik Terhadap Merek MS Glow 针对 MS Glow 品牌的诚信原则

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5091

Taslim Abd. Rachman, Rusdin Alauddin, Sultan Alwan

{"title":"Prinsip Itikad Baik Terhadap Merek MS Glow","authors":"Taslim Abd. Rachman, Rusdin Alauddin, Sultan Alwan","doi":"10.31328/ls.v8i1.5091","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5091","url":null,"abstract":"Legal protection is an important aspect that needs to be considered in the controversy between MS Glow and PS Glow trademarks. PT Kosmetika Global Indonesia, the MS Glow brand holder that has registered its brand with the Director General of Intellectual Property Rights, requires adequate legal protection. The public sees that the products of the MS Glow brand are better known than the products of the PS Glow brand, and there is a view that PS Glow is trying to hijack the popularity of MS Glow. Through normative juridical legal research, it was found that in the context of the principle of good faith, MS Glow is entitled to legal protection as a brand owner. The brand owner has the exclusive right to the use of its brand and the government is responsible for ensuring this protection. The judge's decision in the dispute between the MS Glow and PS Glow trademarks (Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga.Sby) has fulfilled the principle of legal certainty. The judge refers to Law Number 20 Year 2016 on Trademark Registration and Geographical Indications as well as the principle of \"first to file\". However, the decision has not fully reflected justice and expediency. In the context of trademark registration, the \"first to file\" principle needs to be evaluated by the government to make it fairer. The lengthy trademark registration process must pay close attention to every detail, the Director General of IPR must be more active in socializing Law Number 20 Year 2016, including the principle of \"first to file\" to the public so that understanding of the trademark and the registration process becomes better.","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"5 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140739713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Motivasi Lepas Adiksi Narapidana Narkoba 释放吸毒囚犯的动机

Legal Spirit Pub Date : 2024-04-05 DOI: 10.31328/ls.v8i1.5188

Leo Rahmat Karindra, A. Rohayati

{"title":"Motivasi Lepas Adiksi Narapidana Narkoba","authors":"Leo Rahmat Karindra, A. Rohayati","doi":"10.31328/ls.v8i1.5188","DOIUrl":"https://doi.org/10.31328/ls.v8i1.5188","url":null,"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.","PeriodicalId":489002,"journal":{"name":"Legal Spirit","volume":"6 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140739465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0