Legal Standing : Jurnal Ilmu Hukum
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
Articles
10 Documents
Search results for
, issue
"Vol 5, No 1 (2021): Maret"
:
10 Documents
clear
<![CDATA[KEDUDUKAN TERTANGGUNG DALAM ASURANSI JIWA KREDIT ]]>
<![CDATA[Rahmat Adam]]>;
<![CDATA[Saiful Anwar]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.2181
<![CDATA[The position of the insured credit life insurance in the bank that handles the insurance company as the insurer and the banking company as the policy holder, which provides credit and terms that require a balanced and direct relationship. This is important, because the different interests of this large industry are related to the insured. For this reason, the insured credit life insurance company needs legal protection with special arrangements, which are based on existing norms. In addition, the interests of the two industries as insurers and policyholders need synergy. interest in credit management for each.]]>
<![CDATA[KEKUATAN HUKUM PEMBUKTIAN AKTA NOTARIS AKIBAT PENYALAHGUNAAN KEADAAN ]]>
<![CDATA[Annisa Bella Saffanah]]>;
<![CDATA[Wardani Rizkianti]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.3570
<![CDATA[Notaries are often placed as defendants or co-defendants in civil lawsuits against the law regarding deeds that contain elements of undue influence. This journal writing focuses on the legal consequences of the state undue influence element against the Notary's authentic deed and the Notary's responsibility in making authentic deeds that contain elements of undue influence. The research method used in writing this journal is juridical normative through a statutory approach, a case approach, and a conceptual approach. The result of this research is that the legal consequences of a Notary deed that contain elements of undue influence can be canceled, degraded into deeds under the hands, can be canceled by agreement of the parties without court process, and can be canceled by the court based on the principle of legitimate presumption. As for the notary's responsibility for deeds that contain elements of abuse of circumstances are civil and administrative.]]>
<![CDATA[BENTUK TANGGUNG JAWAB KONSTITUSI PEMERINTAH TERHADAP KELOMPOK PENYELENGGARA PEMUNGUTAN SUARA (KPPS) DALAM PEMILU 2019: TRAGEDI DEMOKRASI PEMILU ]]>
<![CDATA[tajaswari, visi jiwa]]>;
<![CDATA[Asmorojati, Anom Wahyu]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.3682
<![CDATA[This writing aims to determine the form of Government accountability to KPPS who died in the implementation of the 2019 General Election based on Law No. 7 of 2017 concerning Elections, and aims to determine the form of legal protection for KPPS officers assigned to the 2019 Election based on Law No. 7 of 2017 concerning Elections. The type of research used in the preparation of this paper is a normative legal research method, this research is only aimed at written regulations so that this research is closely related to libraries that require secondary data in the library. The data collection method used in the preparation of this paper is the literature study method, the data analysis carried out in the preparation of this paper is a qualitative descriptive method which aims to reveal events or facts, circumstances, phenomena, variables and circumstances that occurred during the research by presenting what actually happened. The results of this study are a form of government accountability to KPPS officers who died in the 2019 Election in the form of compensation worth 36 million rupiah, this compensation is given to the families of victims who have been left behind. This proposal regarding the nominal compensation money is proposed by the KPU and approved by the Ministry of Finance. The compensation is given directly by the Ministry of Finance to be submitted through the KPU and also BAWASLU as the party with the authority to hand over the compensation to the victim's family. Legal protection for KPPS which is assigned to hold the 2019 Election, namely, is stated in the 1945 Constitution Article 28D paragraph (1) regarding equality before the law to obtain protection without discrimination.]]>
<![CDATA[PERLINDUNGAN HUKUM ATAS DATA WAJIB PAJAK DALAM SISTEM AUTOMATIC EXCHANGE OF INFORMATION (AEoI) STUDI PERBANDINGAN INDONESIA UNI EROPA ]]>
<![CDATA[Batara Randa, Indira Despuanitara]]>;
<![CDATA[Haryanto, Imam]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.3563
<![CDATA[The system of exchanging information on taxpayer data between countries called as AEoI is follow up action on tax amesty which provides many benefits for the country but has risks for taxpayers data. Law 9/2017 concerning the AEoI merely governs technical issues and does not regulate regarding taxpayer data protection even if taxpayer data protection is guaranteed in article 28G paragraph (1) of the 1945 Constitution. Personal data in Indonesia is currently not regulated in a specific law. The need for personal data protection arrangements is an urgent matter because personal data stores human dignity, especially in the AEoI system that has data permissions. This paper compares the personal data protection arrangements in the European Union and the regulatory principles applied in Indonesia because it is important for Indonesia to meet European Union standards regarding personal data protection.]]>
<![CDATA[HUBUNGAN RESTRUKTURISASI PERJANJIAN PEMBIAYAAN KONSUMEN SEPEDA MOTOR DENGAN POJK NO.11/POJK.03/2020 TENTANG STIMULUS PEREKONOMIAN NASIONAL ]]>
<![CDATA[rohani, aceng asnawi]]>;
<![CDATA[Gunawati, Anne]]>;
<![CDATA[PS, Agus Prihartono]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.3683
<![CDATA[The government enforces various kinds of regulations in providing protection to the public, one of which is through the Financial Services Authority (OJK) by issuing POJK Number 11 / POJK.03 / 2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of the Spread of Coronavirus Disease 2019. This regulates the implementation of the relaxation policy. against debtors affected by the new Corona Virus or Covid-19 outbreak. The restructuring carried out by the financing institution is carried out in accordance with the guidelines issued by the OJK based on POJK Number 11 / POJK.03 / 2020. However, the implementation is left to the policies of each financing institution, the relief scheme may vary, among others, in the form of lowering interest rates, adjusting principal or interest installments, extension of time or other matters determined by the bank or financing institution. This regulation does not regulate sanctions against banks / financing companies that do not provide restructuring / relaxation programs for debtor customers, because they are not coercive, the language used in this POJK is "can" not "must".]]>
<![CDATA[IMPLEMENTASI PERSAMAAN HAK NARAPIDANA TERHADAP PELAYANAN KESEHATAN PADA LEMBAGA PERMASYARAKATAN PROVINSI RIAU ]]>
<![CDATA[Deriansyah Deriansyah]]>;
<![CDATA[Ardiansyah Ardiansyah]]>;
<![CDATA[Bagio Kadaryanto]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.3602
<![CDATA[In essence, correctionalization is one of the manifestations of the formal institutionalization of the public's reaction to crime. The reaction of this society at first only focused on the element of giving suffering to lawbreakers. However, in line with the development of society, the element of giving suffering must also be balanced with humane treatment by paying attention to the human rights of lawbreakers as individual beings, as well as creatures. social. Therefore, the correctional facility must also function as a place for the rehabilitation of prisoners with a variety of coaching activities. The purpose of this study is to analyze the implementation of the equal rights of prisoners to get health services at prisons in Riau province and to analyze the obstacles and efforts in implementing the equal rights of prisoners to get health services in prisons in Riau province. The research method is sociological legal research, by identifying the legal effectiveness of the law in society which discusses the Implementation of the Equality of Prisoners to Get Health Services in Prisons in Riau Province, namely in Class II A Lapas Pekanbaru and Class II B Rokan Hulu Prison. In general, the implementation of prisoners' rights in obtaining health services in prisons in Riau Province has not been able to meet the needs of prisoners in prisons. It is hoped that the government will pay special attention to the impact arising from the overcapacity of a correctional institution. Because the excess occupants (over capacity) of a correctional institution will cause a health condition that is not good for prisoners so that it will hinder the running or ineffectiveness of the implementation of development programs in prisons. It is hoped that the Government will further improve health resources, financing, infrastructure, health service efforts and maintain environmental health in prisons and fulfill the food and drinking needs of prisoners in prisons as well as special attention to the impact arising from overpopulation. capacity) of a correctional institution so that the right to health for prisoners can be fulfilled, and human rights can be protected according to the ideals of the Indonesian people as referred to in Pancasila and the 1945 Constitution of the Republic of Indonesia (UUDNRI).]]>
<![CDATA[FORENSIK POLRI SEBAGAI AHLI DI BIDANGNYA SESUAI PASAL 7 AYAT (1) HURUF H DAN PASAL 120 AYAT (1) KUHAP DALAM PENGOLAHAN TKP DENGAN PENERAPAN METODE SCIENTIFIC CRIME INVESTIGATION (SCI) ]]>
<![CDATA[Suwirno Suwirno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.3707
<![CDATA[To prove in an examination and action after the occurrence of a criminal case, what needs to be given in the evidence is the stage to prove the process of how to prove whether the person is right or wrong in a criminal case and also for a trial in court, forensics in the police is someone who has mastered an expert in the field is according to article 7 paragraph 1 letter a and article 120 paragraph 1 of the Criminal Procedure Code to detect and search for data at the scene of the case using the SCI method. this is necessary so that there is certainty in the identification process in order to find evidence so that it can be used as quality assurance and quality control quality control which of course in its implementation in the field will have a very significant role in the process to provide certainty and also create confidence in judges to determine the decision in the judicial process because the evidence can be said to be valid and cannot be denied because it has followed the basic principles of the science. and the obstacles faced by investigators in the field of course occur a lot, especially in the case of al-alaq evidence of examination which is very much needed, namely the existence of a forensic lab that can be accessed quickly due to the distance in an area that might occur so that the investigation is operational. also become obstructed and there are less than optimal deficiencies of the facilities and infrastructure that are owned and needed in the field.]]>
<![CDATA[PREDISPOSISI KRIMINAL TINDAK PIDANA PERZINAHAN DAN ABORSI DALAM PELAKSANAAN PERATURAN PEMERINTAH NOMOR 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI. ]]>
<![CDATA[Siti Fatimah]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.3567
<![CDATA[This paper contains a discussion of predisposition or contradiction in laws and regulations governing the crime of adultery with the implementation of abortion. Adultery and abortion are criminal acts that are victimless in nature or crimes with mutual agreement and without victims. In positive Indonesian law, adultery is only considered a criminal act when one or both of the perpetrators are married people or in our society it is known as an affair or gathering. kebo. This is very contrary to Islamic law and laws that live in society or customary law as stated in the Pancasila. As a result, a pregnancy outside of wedlock or an unwanted pregnancy may result from this adulterous relationship. When a pregnancy outside of marriage occurs, the psychological condition of both parties is disturbed and eventually not a few decide to take the path of abortion, especially teenagers, even though at the risk of losing their life. Even though by law abortion is allowed, but even then it must be subject to rules, conditions and supervision. strictly carried out by competent parties as designated by law. The formulation of the article on adultery in Indonesian legislation is still unclear, especially for the act of adultery committed by two men and women who are neither married to any party. However, sexual behavior is risky or between other pre-marital sexual behavior according to Article 11 of Government Regulation no. 61 of 2014 concerning Reproductive Health to prevent and protect adolescents from these acts because it is clear that they have a bad impact both physically and psychologically. This is where there is a conflict between Indonesia's positive law, namely between Article 284 of the Criminal Code and Article 11 of Government Regulation no. 61 of 2014 concerning Reproductive Health. Meanwhile, the adultery article as mentioned above has been clearly stated in Article 240 of the Draft Criminal Code, but so it has not been ratified for certain reasons. Among the efforts to prevent the crime of adultery and abortion is the enforcement of the substance, structure and culture of law in Indonesia.]]>
<![CDATA[PENGAWASAN KEPADA KLIEN PEMASYARAKATAN (Tantangan dan Alternatif Penyelesaian) ]]>
<![CDATA[Yuniati Maryana Tahamata]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.3586
<![CDATA[This study aims to determine the implementation of the supervision of prisoners on parole by the Community Guide. This research used descriptive qualitative method with data collection techniques in the form of observation and supported by literature studies. A prisoner undergoing parole needs to be supervised to ensure that there is no violation of the provisions of the guidance contract agreed upon by the client and the community advisor at the beginning of the mentoring period. Community Advisors as law enforcement officials are tasked with carrying out this supervision. In its implementation, there are several obstacles experienced by community counselors related to the background and competence of officers, high workloads, and coordination between community counselors and law enforcement officials. Community involvement strongly supports the successful achievement of program objectives because parole is implemented in the community. Analysis of the needs of community counselors is also needed to increase the effectiveness and professionalism of officers.]]>
<![CDATA[PROGRESIFITAS HUKUM PENGEMBALIAN DEVIDEN SAHAM INTERIM PERSEROAN TERBATAS PADA UUPT NO.40 TAHUN 2007 ]]>
<![CDATA[Bella Mutiara Wahab]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 5, No 1 (2021): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v5i1.3552
<![CDATA[AbstractProgressive law must place the law in a very close position with the law's community or stakeholders. This position is called responsive, progressive law and is always associated with stakeholders' reality and needs to create justice and happiness as law aspired itself. Also, progressive law emphasizes social integration to overcome public moral insularity.Starting from the viewpoint of progressive law, the author looks at the laws and regulations that discuss the return of interim dividends as stated in the Limited Liability Company Law No. 40 of 2007, article 72, article 72 states that companies allow rules related to dividend distribution in a temporary (interim) way. The article is then interpreted as that if the company has positive profits, the company is allowed to distribute dividends before the company closes the book at the end of the year, provided that the board of directors officially announces the distribution with the approval of the GMS that the positive profits obtained by the company before closing the book will come as dividends interim. As a result, the company competes to distribute interim dividends to increase and show its credibility to investors. It was recorded on the Indonesian stock exchange (IDX) that in September 2020, 73 companies distributed interim dividends.However, article 72 paragraph 5 of the Limited Liability Company Law No. 40 of 2007 explains that if after the company distributes interim dividends to shareholders and at the end of the closing of the annual book the company suffers a loss, the shareholders must return the dividends they have received. If the shareholder does not return it, the directors and commissioners are jointly responsible for covering the company's losses.This viewpoint is the basis for finding the location of the value and form of legal progressivity regarding the mechanism of interim share dividends in limited liability companies as stated in UUPT No.40 of 2007 Article 72 using a normative research method with a conceptual approach. ]]>
