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
20 Documents
Search results for
, issue
"Vol 8, No 2 (2024): Mei-Agustus"
:
20 Documents
clear
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KORBAN VICTIM BLAMING DALAM ALIRAN REALISME HUKUM PADA KASUS KEKERASAN SEKSUAL ]]>
<![CDATA[Putri, Angely Lina]]>;
<![CDATA[Kusnadi, Sekaring Ayumeida]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.8709
<![CDATA[Victims of sexual violence do not receive justice and legal protection, but instead receive victim blaming behavior from society. Legal protection for victims and finding the role of legal realism in overcoming victim blaming behavior is very necessary. Therefore, this research aims to understand legal protection for victims of sexual violence by victim blaming based on realism. This research uses a normative juridical method. By using a statutory approach and a conceptual approach. Violence against women is a violation of human rights that must be condemned and acted upon. The Indonesian government has issued various laws and regulations to protect women from violence, discrimination and intimidation. The role of legal realism is to control social perceptions so as not to blame victims for the crimes they experience. This research provides an understanding of sexual violence which causes victim blaming, actions and explains legal protection rules and legal realism to provide direction to the public so that they no longer blame the victim for the crimes that happened to him.]]>
<![CDATA[PENANGGULANGAN KEKERASAN DALAM RUMAH TANGGA DI KOTA MEDAN DITINJAU DALAM HUKUM PIDANA ISLAM ]]>
<![CDATA[Hazar, Siti]]>;
<![CDATA[Ramadani, Ramadani]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.9587
<![CDATA[The review of Islamic criminal law and the prevention of domestic violence in Medan City are the two topics examined in this research and study. Although this research strategy is a case approach, the author uses empirical juridical research in this study. In addition, this research is studied descriptively qualitatively to find out the enforcement of Islamic criminal law against cases of domestic violence (KDRT). However, this research approach is a case approach. This research uses primary data, namely information obtained directly from the person concerned, by conducting interviews and field research at the PPA Unit of the Medan Police Criminal Investigation Unit. Literature from books, journals relevant to the research topic, and fiqh texts were used as secondary sources of information for this research. According to the findings of this research, the lack of a formal legal umbrella in Medan City makes it impossible to conduct criminal mediation in cases of domestic violence. As part of their responsibilities, local governments and social organizations are charged with the responsibility to provide victim recovery facilities. To provide assistance to victims of domestic violence, the recovery providers work together. During an interview with the PPA Unit of Medan Police Station, the author found that the police will cooperate with the office to assist victims in evaluating the mental health of victims of domestic violence in Medan City.]]>
<![CDATA[PLEA BARGAINING DALAM RANCANGAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA NEGARA INDONESIA ]]>
<![CDATA[Alimuddin, Alimuddin]]>;
<![CDATA[Zahir, Muh Zuhud Al-Khaer]]>;
<![CDATA[Rasyid, Muh Firdaus]]>;
<![CDATA[Hastira, Muh Fichriyadi]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.9213
<![CDATA[The purpose of this study is to evaluate the legal political structure and the level of urgency of the Plea Bargaining System in the Draft Criminal Procedure Code. Normative legal research is the type of research used. The study of legal issues relating to norms is emphasized in legal research techniques. This method will concentrate on looking at legal reality from the point of view of the legal substance that regulates and is still developing. The findings of this study indicate that the Plea Bargaining system in the Draft Criminal Procedure Code is needed. This is indicated by the fact that several countries, such as Germany and France, have successfully implemented similar systems with various models and techniques. However, the Plea Bargaining system in the Draft Criminal Procedure Code does not use these strategies, but rather emphasizes that Plea Bargaining is only to alleviate the charges and accelerate the trial process. Plea Bargaining is expected to accelerate the legal process by reducing the volume of cases brought to court, saving time and money, compensating defendants who admit their guilt, and meeting the needs of the public prosecutor and defendants. With the establishment of the Special Track, Article 199 of the Draft Criminal Procedure Code describes the form of the Plea Bargaining system in its application and offers the idea of a Plea Bargaining system with a maximum penalty of 7 years as one of the options in accelerating case settlement. The use of Plea Bargaining has several advantages as follows: one, it reduces the accumulation of cases in court; two, it provides relief for defendants who admit their guilt; and the third simplifies the process for public prosecutors.]]>
<![CDATA[PENTINGNYA PENDAMPINGAN HUKUM BAGI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL: KEBUTUHAN DAN KEHARUSAN HUKUM PIDANA ]]>
<![CDATA[Ridwan, Fihra Rizqi Novia]]>;
<![CDATA[Yustia, Dewi Asri]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.9022
<![CDATA[The number of cases of sexual violence that is currently occurring is getting higher and more extreme. It occurs due to the inability to handle the case. The researcher used a normative juridical research method with a qualitative juridical approach; namely, the obtained data was analyzed using a legal theory approach, legal principles, and a statutory approach. She conducted library research and field research. She conducted interviews with experienced victim advocates with a victim's perspective at the Legal Aid Institution of the Indonesian Women's Association for Justice Jakarta. She analyzed the problem of legal aid for victims of criminal acts of sexual violence using approaches to legal theory, legal principles, and statutory regulations. The legal materials used to analyze the issue were primary legal materials, secondary legal materials, and tertiary legal materials through scientific journals, statutory regulations, and other relevant legal literature. The research results indicated that there are many serious obstacles and challenges faced by victims of sexual violence, such as law enforcement, lack of understanding by law enforcement officials regarding victims' rights, criminalisation of victims, and difficulties for victims in accessing support services. Therefore, assisting victims of sexual violence is very important to increase the understanding and awareness of law enforcement officials regarding victims' rights as well as providing adequate safe space for victims in dealing with their cases.]]>
<![CDATA[TINDAK PIDANA MEMPRODUKSI KOSMETIKA TANPA IZIN PRODUKSI DAN TIDAK MEMENUHI STANDARD PERSYARATAN KEAMANAN ]]>
<![CDATA[Budiyono, Wisnu Laksana]]>;
<![CDATA[Djaja, Dudik]]>;
<![CDATA[Subekti, Subekti]]>;
<![CDATA[Ucuk S, Yoyok]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.8915
<![CDATA[Consumers who want to improve their appearance are often attracted to cheap cosmetics because they provide fast results. This is what makes them look for alternative ways by buying these products even though they may not meet the requirements and these cosmetics are sold freely but do not have a BPOM number. The aim of this research is to analyze liability in the production of cosmetics without a production permit and do not meet standard safety requirements and legal protection for consumers who use cosmetics which are produced without a production permit and do not meet standard safety requirements. This research uses normative legal research method. The results of the research show that the defendant in this case has fulfilled the elements for which a sentence can be carried out. The first element is an act carried out in accordance with Article 197 of Law of the Republic of Indonesia Number 36 of 2009 concerning Health, the second element violates Article 106 of Law of the Republic of Indonesia Number 7 of 2014 concerning Trade, and the third element violates Article 62 paragraph (1) Jo. Article 8 of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. Consumers experience losses as a result of using cosmetics that are produced without a production permit and do not meet standard safety requirements, so the defendant is required to compensate consumers for losses incurred in accordance with the provisions of Article 7 letter f with administrative sanctions in accordance with Article 60 Paragraph (2) Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and criminal sanctions contained in Article 62 Paragraph (1) of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection.]]>
<![CDATA[JUAL BELI FOLLOWERS DALAM PRESPEKTIF HUKUM PERDATA DAN HUKUM ISLAM ]]>
<![CDATA[Nasution, Mas Gabena]]>;
<![CDATA[Pulungan, Sahmiar]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.9678
<![CDATA[Sales and purchases of followers are increasing in the general public. In these transactions, the seller offers a service to add followers online by receiving payment from the buyer. The seller then adds followers to the buyer's Instagram account according to the agreed amount and price. However, the followers sold were not only active accounts, but also passive accounts and fake bot accounts. The aim of this research is to explain how followers are added and distributed on Instagram, as well as whether these activities are regulated and benefited by civil and law in Indonesia, especially among Muslims. This research uses normative methods. The author argues that, depending on the approach used from the perspective of civil law and Islamic law, transactions of sale of followers can be detrimental to consumers, prevent debtors from fulfilling their obligations, and lead to non-performance. As one of the parties fails to fulfil its obligations, it constitutes a breach of contract and is automatically a violation of the law. In Islamic law, the goods traded must exist, be usable, and be useful to mankind. It is not lawful to sell something that is not his, because it is illegal to sell it according to Islamic law. Followers can disappear in an instant, because Instagram doesn't want that.]]>
<![CDATA[UNESCO'S ROLE REGARDING THE PROTECTION OF CULTURAL OBJECTS RECEIVING SPECIAL PROTECTION ]]>
<![CDATA[Harahap, Muhammad Anwar Natama]]>;
<![CDATA[Harisman, Harisman]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.9490
<![CDATA[The purpose of this writing is to determine UNESCO's role in protecting cultural objects that receive special protection by formulating a problem, namely: what is UNESCO's role in protecting cultural objects that receive special protection? The type of research used in this research is normative juridical. The data source used in this research uses secondary data. Qualitative analysis was carried out with an empirical starting point. The results of this research show that there are still limitations in safeguarding and regulating cultural heritage. Cultural heritage preservation is very important. This is intended to protect the historical, cultural and knowledge values contained therein. Illegal acts cannot actually be tolerated, because they can threaten the existence of cultural heritage. Therefore, the author believes that currently the world really needs security assistance and clear regulations to maintain the existence of cultural heritage. Of course, this can be realized if the 2003 UNESCO Convention is ratified.]]>
<![CDATA[PROBLEMATIKA KEWENANGAN PENETAPAN TERSANGKA ANGGOTA TNI OLEH KOMISI PEMBERANTASAN KORUPSI ]]>
<![CDATA[Jamaludin, Ahmad]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.9039
<![CDATA[In its growth, corruption continues to be a problem and an enemy for the nation and state. Corruption is now not only committed by civilian officials and corporate parties, but can also be committed by the military, in this case the Indonesian National Army. In the process, it is possible for conflicts of authority to occur, including the recent case of the Corruption Eradication Commission's Hand Capture Operation at the National Search and Rescue Agency related to the determination of corruption case suspects involving two active military members. This research aims to find out the authority of the Corruption Eradication Commission in determining suspects who are active military members and the legal consequences of this determination. Normative juridical methods through literature studies were used in this research which shows that if viewed juridically, the Corruption Eradication Commission has the authority to determine suspects even up to the prosecution stage because the laws that form their basis are more specific than laws related to the military when viewed from the perspective of the lex specialist systematics principle. Determining a suspect is legal as long as coordination has been carried out because legally this institution has the authority to control corruption cases based on article 42 of the Corruption Eradication Committee Law as well as article 65 (2) of the TNI Law. However, to avoid misperceptions like this happening again, it seems necessary to revise the Military Justice Law and strengthen the Corruption Eradication Commission Law to make law enforcement more efficient in criminal acts of corruption.]]>
<![CDATA[MEKANISME PENGEMBALIAN ASET NEGARA HASIL TINDAK PIDANA KORUPSI ]]>
<![CDATA[Bahri, Muhammad Syamsul]]>;
<![CDATA[Marwiyah, Siti]]>;
<![CDATA[Prawesthi, Wahyu]]>;
<![CDATA[Amiq, Bachrul]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.8916
<![CDATA[Corruption is a despicable act that occurs every year. Corruption is classified as a heinous act and has a major impact on state finances, causing harm to many parties. Investigation, prosecution and court hearings in corruption cases must take priority over other cases in order to resolve them as quickly as possible. The aim of this research is to understand and analyze law enforcement for criminal acts of corruption in Indonesia and to understand and analyze the mechanism for returning state assets resulting from criminal acts of corruption. The method used in this research is a normative research method. It is a legal research which places the law as a building system of norms. Law Number 20 of 2001 concerning Corruption Crimes regulates mechanisms or procedures that can be used to return assets through criminal and civil channels. The mechanism for returning state assets resulting from criminal acts of corruption can be carried out using two mechanisms, which is criminal route as regulated in UNCAC and the civil route (civil forfeiture). The criminal route is intended to provide a deterrent effect to corruptors so that they do not repeat criminal acts of corruption. Civil forfeiture is intended to return state assets resulting from criminal acts of corruption with evidence obtained from the criminal process, namely tracing and freezing assets. The key to success lies with each country, so it cannot be determined which mechanism is the best. Elements of success in efforts to return assets resulting from criminal acts of corruption must take into account several factors, one of which is the perspective that the law enforcement approach in Indonesia still focuses on punishing perpetrators (in personam), not confiscating assets resulting from crime.]]>
<![CDATA[KEBIJAKAN PAJAK DAN RETRIBUSI DAERAH TERHADAP PERANAN UMKM DALAM PEMBANGUNAN PEREKONOMIAN DAERAH ]]>
<![CDATA[Nasution, M.Y.F. Hafidz]]>;
<![CDATA[Rasjidi, Ira Thania]]>;
<![CDATA[Paramyta, Dwi Sartika]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i2.9560
<![CDATA[Regional economic development must be treated as a collaborative process between the government and the people in creating stability and fairness on economic activities. MSMEs as a form of social economic entity holds a vital role both in economic development and regional development. Pursuant to Law No. 20/2008, MSMEs are granted by law various facilities to grow its businesses. On the other hand, Law No. 1/2022 that governs regional taxes and retributions is directly related with MSMEs’ position as the potential source of regional taxes and retributions needed for regional economic development. To date, the implementation of Law No. 1/2022 has not been optimal in supporting MSMEs’ growth as well as increasing MSMEs’ contribution on regional taxes and retributions. This is due to various of social factors which affects the implementation of Law No. 1/2022. Therefore, this research is aimed to analyzed from a socio legal perspective on the current regional taxes and retributions policy against MSMEs’ role in regional economic development. This research is made by using socio legal methodology and qualitatively analyzed. The research results indicates that despite the existence of Law No. 20/2008 and Law No. 1/2022 in providing a firm legal basis, the policy making in regional taxes and retributions budgeting capable of supporting MSMEs’ growth on one hand and increasing MSMEs’ contribution in regional taxes and retributions has yet to be met. Further, limited financial knowledge and awareness of MSMEs’ also caused minimum contribution in the regional economic development via regional taxes and retributions payment.]]>
