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
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<![CDATA[HUKUM ANGKUTAN UMUM ILEGAL BAGI PENUMPANG BILA TERJADI KECELAKAAN ]]>
<![CDATA[Putra, Reza Adi]]>;
<![CDATA[Saputra, Arikha]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.5579
<![CDATA[ABSTRACTTransportation has now become a basic human need in fulfilling its mobility. The government is trying to make this happen by building mass public transportation such as bus rapid transit or BRT, city transportation and online-based transportation. However, it seems that it is still unable to meet the needs of various communities so that illegal public transportation or dark travel with private vehicles with black plates does not meet the requirements for public transportation, so that if an accident occurs it will be weak in the field of legal regulations as stipulated in Law Number 22 of 2009 concerning Traffic and road transport. The author conducted research using normative juridical methods guided by applicable laws and regulations, as well as using analytical descriptive methods to find out and understand the object of study. Illegal public transportation or dark travel operates without a permit to transport passengers without life insurance protection and does not pay mandatory fees as stipulated in Law Number 33 of 1964 concerning Passenger Accident Compulsory Insurance Funds, so that if an accident occurs the legal consequences are weak because they will not receive compensation. loss, if the passenger dies or suffers permanent disability. The government is responsible for organizing public transportation in an effort to meet the need for safe, secure, comfortable and affordable transportation. So public transportation must be in the form of a company that is licensed, legal entity and is required to pay mandatory contributions for life insurance for passengers, if an accident occurs they will receive compensation. Public transportation is illegal if in the event of an accident it will not get compensation due to death and permanent disability, because it does not pay mandatory coverage. As a result, passengers only receive compensation from the vehicle owner.]]>
<![CDATA[ANALISIS HUKUM TERHADAP PELAKU AKTIVITAS PIDANA PENCABULAN DAN KEKERASAN ANAK DI BAWAH UMUR (PUTUSAN NO.49/PID.SUS/2019/PN LBB) ]]>
<![CDATA[Farhana, Farhana]]>;
<![CDATA[Saputra, Muhammad Fadira]]>;
<![CDATA[Batubara, Sonya Airini]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.5291
<![CDATA[Often criminal acts occur in human life and that includes their problems. usually this is because of something like their lust that wants a crime. Crimes that can be committed include various kinds of acts of harassment, obscenity and sexual violence. Types of crimes whose actions are in the category of sexual violence such as obscenity have a lot of impact on the victims. The victims besides being harmed they will also experience trauma and high shame. The study that will be carried out uses normative juridical, namely the method used in conducting research in the field of law with steps. This method works by analyzing legal sources in writing and available in the literature. The materials used in this research are laws, research journals, and books that are still relevant to the prevailing problems. This research uses a descriptive approach. where research is based on written rules as they are. Legal research on child abuse has basically been stated in article 76 E of Law no. 35 of 2014 regarding changes to Law NO. 3 of 2002 which deals with child protection. It is clearly stated in article 76 E which reads "Every person is prohibited from committing violence or threats of violence, forcing, deceiving, committing a series of lies, or persuading children to commit or allow obscene acts to be carried out". This case is also listed in the Lubuk Basung Court Decision No. 49/pid.sus/2019/PN LBB which received the result of the decision because the law had reported that the defendant was stating that the defendant was legally proven guilty of carrying out a crime in the form of intercourse with a minor. This violates Article 76 D in conjunction with Article 81 paragraph 1 UURI Number 35 of 2014 regarding changes to Law no. 23 of 2002 regarding child protection.]]>
<![CDATA[PENERAPAN ASAS RESTORATIVE JUSTICE DALAM TINDAK PIDANA PENCEMARAN NAMA BAIK DI WILAYAH KEJAKSAAN NEGERI BALIGE ]]>
<![CDATA[Hutagaol, Daniel Pandapotan]]>;
<![CDATA[Megawaty, Wenny]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.6561
<![CDATA[Defamation involves accusing a person of some act in order to gain public knowledge. The problem in the case of criminal defamation suspect Hotman Hutadjulu with Maruli Tua victims is still the family scope. The process of justice that takes considerable time and is less able to revive the relationship between the suspect and the victim, and thus has a restorative justice for the completion of the libel crime crime, in accordance with the Republic of Indonesia Prosecutor’s No. 15 of 2020. This research is aims to explain the implementation of the restorative justice principle in criminal defamation in District Attorney’s Balige District of Toba North Sumatera. The research approach method used was juridical normative, with analytic descriptive research specification. The research used a secondary data. Data were analyzed using qualitative methods of analysis. The results of this research application of the restorative justice principle in criminal defamation has been done effectively and in accordance with legislation. The burden the state Attorney Balige faces are having difficulty connecting the suspect with the victim to mediate and information unknown.]]>
<![CDATA[EFEKTIVITAS PENERAPAN RESTORATIVE JUSTICE DALAM PENANGANAN KASUS KECELAKAAN LALU LINTAS DI KEPOLISIAN RESOR KOTA SURAKARTA ]]>
<![CDATA[Putri, Chalisna Paristiana]]>;
<![CDATA[Pratiwi, Dian Esti]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.6769
<![CDATA[Settlement of traffic accident cases through restorative justice at the Surakarta’s Police Resort Department as an alternative to the criminal justice system because it is considered more effective, efficient and does not take as long as the process in court. In fact, the application of restorative justice does not yet have specific laws and regulations and the public does not clearly understand the settlement of cases by implementing restorative justice. The purpose of this study is to analyze the effectiveness of the implementation and obstacles of restorative justice in handling traffic accident cases at the Surakarta’s Police Resort Department. This type of research is empirical research with data collection techniques through interviews. The research data analysis technique used the deduction method. The results of this study indicate that the Surakarta’s Police Resort Department Police in implementing restorative justice has done well because the majority of traffic accident cases are resolved using the restorative justice system. However, there are two obstacles in its implementation, namely from the factor of legal substance and the factor of society, especially cybercitizen.]]>
<![CDATA[IMPLEMENTASI TEORI VIKTIMOLOGI PADA HUKUM PIDANA INDONESIA ]]>
<![CDATA[Rumapea, Mazmur Septian]]>;
<![CDATA[Sari, Defitrie Nathania]]>;
<![CDATA[Sijabat, Jecyka Cklaudya]]>;
<![CDATA[Putri, Twinkle Suwarna]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.5320
<![CDATA[Victimology is a research or insight related to victims and their elements, which is a derivative of criminology. The main point related is the impact of a crime that causes victims and suffers losses. The purpose of this study is to find out about the regulation of the theory of victimology in Indonesian criminal law and to find out its implementation. This study uses a qualitative self-research procedure. This research is described descriptively and directed using data source analysis. In this research the collection of information used is secondary data, in which the data comes from various collections of journals. The results of the research show that the regulation of victimology in Indonesian Criminal Law regarding the protection of victims is still universal because it has been stated in various laws. Also the implementation of victimology in Indonesian Criminal Law has been well implemented, although it has not been realized as it should be as regulated in Indonesian law.]]>
<![CDATA[MODEL KEJAHATAN DUNIA MAYA (CYBERCRIME) SEBAGAI UPAYA PEMBENTUKAN HUKUM NASIONAL ]]>
<![CDATA[Febriansyah, Ferry Irawan]]>;
<![CDATA[Indiantoro, Alfalachu]]>;
<![CDATA[Ikhwan, Afiful]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.6878
<![CDATA[The purpose of this study is to analyze models of cybercrime, namely cybercrime, in order to find out how far the development of forms of crime, whose modus operandi is increasing day by day. The virtual world is part of people's lives so that it cannot be separated from needs. This will later give rise to many new crime models, so that people will be disadvantaged in carrying out activities in cyberspace. This research analysis focuses on empirical legal analysis, namely looking at the social symptoms of people in cyberspace (Internet) in carrying out their daily activities which are vulnerable to crime. The problem that often occurs that is often experienced by the community is education about cyberspace so that they are vulnerable as perpetrators of Cybercrime crimes. This research is very interesting to do along with technological developments, human attitudes and behavior have changed a lot so that new models of crime have emerged in cyberspace.]]>
<![CDATA[LEGAL CONSEQUENCES FOR ACTORS DOWNLOADING ILLEGAL FREE SONGS VIA INTERNET ]]>
<![CDATA[Ananza, Almira Sari]]>;
<![CDATA[Santoso, Budi]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.6952
<![CDATA[Today, internet technology has developed rapidly, which can bring both positive and negative impacts. This study aims to answer the legal consequences that will catch the perpetrators of illegal song downloaders through the internet. This research is included in the type of normative research with a literature study approach and legislation related to copyright. The study results show that creators and copyright holders are given legal protection for their inspiration and creativity. Legal consequences for copyright violators for downloading songs illegally on internet media can be subject to civil and criminal sanctions. Based on Articles 96 and 99 of the Copyright Law, the creator or copyright holder is entitled to civil compensation for infringement of his work and the loss of economic rights. Criminally, violators may be subject to sanctions through imprisonment and fines.]]>
<![CDATA[RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN IN LAW NUMBER 1 OF 1974 LEGAL PERSPECTIVE OF SAYYID MALIK MARRIAGE ]]>
<![CDATA[Yakin, Ainul]]>;
<![CDATA[Mashudi, Lutfi]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.6927
<![CDATA[The objectives of this research are: (1) Knowing the thoughts of Sayyid Muhammad Ibnu Alawi Al-Maliki, (2) Knowing the background of Sayyid Alawi al-Maliki's thoughts, (3) Explaining the implications of the rights and obligations of parents toward children The use of research with research bibliography (library research), and the character's thought study approach. The use of personal documents as data sources and documentation methods as data collection techniques. They use content analysis (content analysis) in the data analysis technique. The study results show that parents' rights and obligations toward children are mandatory for each parent. The implication is that Sayyid Muhammad explained how parents and children fulfill their obligations and explained the rights of parents and children, namely, (1) giving an excellent name to his son. (2) educate children with the best education. (3) placing the child in a proper place and giving halal sustenance. (4) marry off children when they are old enough, and it is also the duty of children to their parents, namely to be devoted to them.]]>
<![CDATA[TIDAK DITERAPKANNYA PASAL 362 KUHP DALAM PERKARA PENAMBANGAN TANPA IZIN (STUDI PUTUSAN NOMOR 124/PID.SUS/2021/PN. TDN) ]]>
<![CDATA[Achmadi, Cika Artika]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.6986
<![CDATA[Mining activities cannot be carried out haphazardly because every business entity or individual must have a mining permit. Anyone who engages in illegal mining will be subject to sanctions in accordance with Article 158 of Law Number 3 of 2020 concerning "Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining". Mining without a permit (PETI) is a crime against State assets in the form of theft of minerals, in which the crime ignores the provisions in the mining procedure. The purpose of this paper is to investigate the factors considered by judges in deciding a case and the reasons why Article 362 of the Criminal Code is not used by prosecutors and judges in cases involving the theft of minerals. This research method is normative juridical law research, with an analytical approach method. This study uses secondary data sources. The data analysis technique used in this study uses qualitative data analysis. The results of the study show that the judge must first consider the indictment submitted by the prosecutor in court, because the judge cannot investigate or prosecute outside the scope of the indictment. In Decision Number 124/Pid.Sus/2021/Pn Tdn it is correct because the judge considers the facts and legal statements inside and outside the trial, so the Prosecutor and Judge do not apply Article 362 of the Criminal Code because there is a special law that deals with Mineral and Coal Mining.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PENYANDANG DISABILITAS DI PT APPAREL ONE INDONESIA 1 ]]>
<![CDATA[Hapsari, Herning Tyas Setyo]]>;
<![CDATA[Saputra, Arikha]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.5568
<![CDATA[Workers with Disabilities, especially those working in private companies, have rights and obligations to obtain welfare. Private companies have an obligation to employ persons with disabilities as much as 1% (one percent) of the total number of employees working in the company. As explained in Article 53 paragraph (2) of Law Number 8 of 2016 concerning Persons with Disabilities which contains "Private companies are required to employ at least 1% (one percent) of Persons with Disabilities from the total number of employees or workers". Workers with disabilities also have other rights such as obtaining employment opportunities in private companies, obtaining positions according to the type and degree of disability, obtaining health, social and other benefits, and the company is obliged to provide adequate accommodation for workers with disabilities as a form of accessibility, in accordance with what is regulated in the legislation. The research method that was carried out by the researchers used normative juridical research methods and the data used primary and secondary data. The data collection technique used in this research is the interview method for employees with disabilities and HRD PT. Apparel One Indonesia 1 has complied with statutory regulations, such as providing opportunities to work. This company has also provided health insurance, social insurance, work accidents, and others. However, accommodation and accessibility within this company are not adequate, and this company has not fulfilled the quota of workers with disabilities of 1% of the total number of employees. for workers with disabilities without discrimination and has placed positions that are in accordance with the type and degree of disability.]]>
