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Legal Standing : Jurnal Ilmu Hukum
Published by Universitas Muhammadiyah Ponorogo
ISSN : 25808656     EISSN : 25803883     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legal Standing : Jurnal Ilmu Hukum adalah jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Ponorogo dua kali setahun pada bulan Maret dan Desember. Redaksi Legal Standing : Jurnal Ilmu Hukum menerima naskah artikel laporan hasil penelitian empirik dan naskah hasil kajian teoritis yang sesuai dengan visi Legal Standing : Jurnal Ilmu Hukum tentang Hukum Pidana, Perdata, Tata Negara, Tata Usaha Negara, Hukum Adat, Hukum Islam, Sosiologi Hukum, teori hukum, Hukum Agraria, Filsafat Hukum, Hukum dan Korupsi, Hukum Lingkungan, Pemerintahan Daerah, Hukum Perkawinan, Hukum Acara Pidana dan Perdata, Hukum dagang dan Perbankan, Hukum dan ITE, Konstitusi, Hukum Pidana Khusus, Kebijakan Publik, Politik Hukum dan Victimology
Arjuna Subject : -
Articles 6 Documents
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Search results for , issue "Vol 1, No 2 (2017): September" : 6 Documents clear
Perlindungan Hukum Pada Konsumen Dalam Transaksi Jual Beli Onlinee-Commerce Ferry Irawan Febriansyah Febriansyah, Ferry Irawan
Legal Standing : Jurnal Ilmu Hukum Vol 1, No 2 (2017): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (682.631 KB)

Abstract

Globalization era forms society character being advanced. People often do buying and selling activities in an easy way, which is in the form of buying and selling goods in the internet or online. It is called as online commerce or e-commerce. Using online-commerce, people do not need to go out to spend their time buying for their living goods. Online-commerce facilitates people easily in trading. Saving time is becoming a reason for them to do online commerce. The method used in online-commerce is almost the same as offline commerce. Online commerce offers a lot of convenience for both sellers and buyers in transaction. This certainly has a lot of convenience, but it also has weaknesses in online transactions. For consumers, they get less-notice for protection so that online-commerce has a lot of weaknesses in this case. The Unitary State of the Republic of Indonesia is a legal state that protects the whole of Indonesia's blood spill. The State becomes a protector of its citizens in the context of consumer protection. The law has arranged that consumers also have protection in order not to cause any harm in transaction. Both offline and online transactions are regulated by consumer protection laws because these laws are intended to protect consumers in buying and selling transactions. In the law number 8 of 1999 concerning Consumer Protection is mentioned in article 1, paragraph 2, that the Customer is any user of goods and/ or services available in the community, whether for self-interest, family, other people or other living beings and not to be traded, whereas in Article 1 paragraph 1 mentioned, Consumer protection is any effort that ensures the legal certainty to give to the consumer. There are several consumer rights protected by law, such as, in article 4 of the consumer protection law including, the right to convenience, security and safety in consuming goods and / or services, the right to choose goods and/ or services and right to obtain goods and/ or services in accordance with exchange rates and the promised conditions and warranties, the right to true, clear and honest information about the conditions and warranties of goods and / or services, the right to be heard and to complain of goods and / or services used, the right to advocacy, protection and appropriate dispute resolution of consumer protection, the right to counsel and education of consumers, the right to be treated or served properly and honestly and non-discriminatively, the right to compensation and / or reimbursement , if the goods and / or services received are not in accordance with the agreement or not as appropriate, and the last is the rights set in the provisions of other legislation.The consumers’ rights that have been regulated in the law are providing legal protection to the consumer either online transaction or offline transactions. Based on the law of protection to the consumer in the context of online-commerce, the consumers can apply this law to sue their rights that have been mandated in the law as a form of legal protection to consumers.
Urgensi Perluasan Objek Praperadilan Dalam Tindak Pidana Korupsi Ditinjau Dari Perspektif Perlindungan Hak Asasi Tersangka Ardli Nuur Ihsani
Legal Standing : Jurnal Ilmu Hukum Vol 1, No 2 (2017): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (735.082 KB) | DOI: 10.24269/ls.v1i2.772

Abstract

This present study aims to explore the urgency of pretrial object expansion as the Constitutional Court decision No21/PUU-XII/2014 on the criminal act of corruption is issued and this decision’s suitability with the objectives of pretrial concept. This research design of this study is normative research in which it used primary and secondary sources of law as the subject of study. Moreover, these sources are analyzed by using syllogism of deductive reasoning. Based on the analysis, it can be concluded that Constitutional Court Decision No 21/PUU-XII/2014 is claimed to be significant as it is viewed from the perspective of suspects’ human rights. However, in the criminal act of corruption field, this expansion of pretrial object limits the Corruption Eradication Commission in eradicating the corruption acts and results the legal uncertainty because in fact, verdicts regarding the pretrial proposal are different among each other. Besides, they could not provide the legal certainty on what case is exactly questioned in pretrial object. This is due to the high number of pretrial proposal made by the suspects by claiming that the investigator team who conduct the investigation is not authorized to do so instead of claiming of the completion of prior evidence.
Judicial Corruption Between Community Legal Culture And Government Administrative Legal Violence Eman Suparman
Legal Standing : Jurnal Ilmu Hukum Vol 1, No 2 (2017): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (723.923 KB) | DOI: 10.24269/ls.v1i2.767

Abstract

This Research focus in Judicial Corruption between community. This research as kualitative descriptive, Based on the description discussed in introduction and discussion section, there are some conclusion that can be drawn as follows: According to the examples given, it is true that judicial corruption that involves government officers occurs in the judiciary institutions. Based on the result of observation, it is found that judicial corruption does not only performed by government officers, but it also involves other parties, in this case; advocates and defendants. Essentially, judicial corruption behavior is also influenced by people’s misconception of legal culture. As the justiciabelen or the seeker of justice, what is perceived by people is to win the civil case, or not to be imprisoned for criminal case. Therefore, this kind of legal culture always uses economic approach. It is true that one of factors that influence the judicial corruption is the violation of government administration law. In this case, such violation is performed by the government officers that are assisted by the advocates altogether.
Legal Protection: Converting Agricultural Land To Residential Land (Legal Analysis of Agricultural Land Conversion) Komaruddin Komaruddin; I Gusti Ayu Ketut Rachmi Handayani
Legal Standing : Jurnal Ilmu Hukum Vol 1, No 2 (2017): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (593.766 KB) | DOI: 10.24269/ls.v1i2.768

Abstract

Indonesian population growth has increased rapidly. Therefore, it needs residential land to build schools, markets, and various public places. This condition makes land conversion increase as agricultural land in Indonesia is wide and relatively easy to be converted. However, if this happen continuously, Indonesia will face endanger of food resilience. Actually, a legal instrument, Law Number 41 of 2009 on Sustainable Food Agricultural Land Protection, is a law that prevents agricultural land conversion for the sake of national food resilience Practically, agricultural land conversion unstoppable and continuously keeps happening. Therefore, judicial approach is significantly required in to comprehensively prevent agricultural land conversion.
Implementasi Hukum Adat Dalam Upaya Integrasi Pengendalian Pencemaran Lingkungan Terhadap Hukum Positif (Studi Kasus Desa Ngadirojo, Sokoo, Ponorogo) Adji Samudera Trisnatyan Pamadi; Linda Gusnia R
Legal Standing : Jurnal Ilmu Hukum Vol 1, No 2 (2017): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (704.079 KB) | DOI: 10.24269/ls.v1i2.769

Abstract

Today's environmental pollution control has been set in national law. Through the Environmental Management and Protection Act No. 32 of 2009 it was explained that environmental pollution is a criminal act. Criminal action in positive law then its prosecution through imprisonment. In contrast to people who still have customary law, which is customary law used as a solution to legal problems. A contribution of society to support the retributive pattern. Optimizing the role of society and customary law into a replacement solution of existing imprisonment. Bids fines become a reference for developing an integrated pattern of society. The involvement of the community to be proactive with all actions or efforts of environmental pollution from certain parties become the commodity of emphasis of environmental pollution in order to keep the naturally. Customary law becomes an identity that is in accordance with the culture of the state of Indonesia and also as an alternative law that exists. The integration between customary law and positive law remains an option in balancing life processes.
Corporate Criminal Responsibility In Cases Of Wildfires As The Legal Protection For Public (A Study In Central Kalimantan Province) Nurahman Ramadan; Widodo Tresno Novianto; Supanto Supanto
Legal Standing : Jurnal Ilmu Hukum Vol 1, No 2 (2017): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (595.088 KB) | DOI: 10.24269/ls.v1i2.770

Abstract

Wildfires, caused by degradation and deforestation in one decade and done by corporation who has legality in forest management, has destroyed woodland and made many losses in all aspects. In the economic development, almost all national development sources come from the management of natural resources of forest areas in Indonesia. In the 1945 constitution chapter XIV, article 33, paragraph 3, it is stated that “The land, the waters, and the natural riches comtained therein shall be controlled by the state and exploited to the geratest benefit of the people”. In fact, the weaknesses of law enforcement in forestry and environment make the transgression and deforestation keep on going.

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