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
18 Documents
Search results for
, issue
"Vol 8, No 3 (2024): September-Desember"
:
18 Documents
clear
<![CDATA[PELAKSANAAN TUGAS POKOK DAN FUNGSI PENEGAK HUKUM TERPADU TERHADAP TINDAK PIDANA PEMILU ]]>
<![CDATA[Indrapraja, Irwan S]]>;
<![CDATA[Afida, Karania Fadillah]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.10234
<![CDATA[This writing aims to determine the extent to which gakkumdu carries out its main duties and functions carried out in the event of an election violation and the effectiveness of Gakkumdu in resolving an election violation. The statutory approach and the approach to related concepts are used in this normative juridical research. One of the methods used by the author to assist this research is data collection after that, a research stage called “field research”, where primary data is collected through an interview process with the subject. The author provides an overview of the provisions relating to the problem using descriptive analysis research specifications. Then further analyzed in using the regulation of legislation and releveant theories. The theory used is Deterrence which emphasizes the use of punishment as a tool to prevent future election violations. The results that the author gets state that the gradual violations that occur during elections have the potential for a criminal offense. Election crimes can be committed by election participants and the general public as voters and even by the organizers of the elections themselves. Gakkumdu is an institution authorized to enforce the law against criminal violations starting from the investigation process and the investigation process to the prosecution process and does not involve other law enforcement institutions when making decisions. Gakkumdu does not run effectively, even though it is a special institution that handles cases of alleged election crimes and has the task of handling and reducing the occurrence of election criminal violations. This study shows that Gakkumdu failed to follow the laws and regulations when handling election violations.]]>
<![CDATA[TINDAK PIDANA KEKERASAN FISIK DALAM KEKERASAN RUMAH TANGGA ]]>
<![CDATA[Siregar, Putri Dharmayanti]]>;
<![CDATA[Harisman, Harisman]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9842
<![CDATA[The majority of victims of domestic violence are adolescent girls and women. The objectives of this study were to: 1) characterize various forms of physical violence included in domestic violence crimes and the legal protection provided to victims; 2) characterize the legal provisions for those who commit acts of physical violence; and 3) ensure appropriate action to impose penalties for those who commit acts of physical violence in domestic violence. The Medan District Attorney's Office has been consulted and to obtain information on books, journals, official newspapers, and other sources related to the law and the subject of this study, interviews were conducted to obtain data and legal documents. legal sanctions that will be applied by the Medan District Attorney's Office against various types of domestic violence in 2023, as well as legal protection that will be received by victims of domestic violence. This study can be categorized as field research because it examines relevant legal provisions and social realities using an empirical framework. Perpetrators of domestic violence are subject to several laws and regulations, such as Article 44 paragraph 23 of 2004, the Criminal Code, and the Child Protection Law. The heaviest punishment should be imposed on those who commit acts of physical violence in the household to deter such behavior and make others aware of the consequences that will occur. In order for the state and society to meet the needs of victims for a sense of security and kindness, victims of domestic violence must receive legal protection.]]>
<![CDATA[KONTROVERSI PERPANJANGAN MASA JABATAN KEPALA DESA 8 TAHUN 2 PERIODE PERSPEKTIF SOSIOLOGI HUKUM ]]>
<![CDATA[Ardiyansyah, Rizky Ahadyan]]>;
<![CDATA[Navis, Aulia Akbar]]>;
<![CDATA[Rizal, Saiful]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9528
<![CDATA[The term of office of the village head has been extended to 8 years (2 terms), with this provision it will trigger abuse of authority, considering that one of the aims of constitutional reform is to introduce limitations on executive power in order to create a balanced democracy in Indonesia. In this scientific study the author will analyze the impact of extending the term of office of the village head using a legal sociology approach. This research is packaged using normative research methods, the source of this research comes from primary materials in the form of relevant laws and regulations and books, while the sources of secondary material in this research are scientific papers in journals and other scientific articles and then correlating these problems with theory. sociology of law and statutory regulations. The results of the research show that the government policy regarding extending the term of office of village heads to 8 years and being able to be elected for 2 consecutive terms is a policy that is contrary to the concept of the rule of law, this is because the process taken by the government in forming this policy is considered to have political nuances. related to the situation of the 2024 presidential election, apart from that, the most fearful thing behind this policy is when this policy is used as a stepping stone by the government to extend the terms of office of other executives so that it is certain that the rule of law will be tainted by the government regime of this era. The conclusion is that the decision to extend the term of office of the village head is contrary to the aim of constitutional reform which seeks to limit executive power. What is most feared behind this decision is abuse of power by individual village heads due to holding power for too long accompanied by the absence of greater supervision intense.]]>
<![CDATA[KEWENANGAN DESA BERDASARKAN HAK ASAL USUL DALAM PERSPEKTIF HUKUM ADMINISTRASI ]]>
<![CDATA[Arifin, Firdaus]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.10213
<![CDATA[Regional autonomy in Indonesia grants villages the authority to manage their own government affairs, including authority based on origin rights derived from traditions, customs, and local history. However, the implementation of village authority often faces challenges within the framework of regional autonomy. This study aims to analyze and evaluate efforts to harmonize village authority based on origin rights with the principles of regional autonomy. Using a qualitative approach with case studies in several villages, this research found that strengthening village authority through clear and firm legality is the key to achieving optimal harmonization. This study illustrates how the dynamics of village authority grounded in indigenous rights can significantly contribute to the alignment of regional autonomy principles in Indonesia. The focus on legality is a crucial factor that can improve efficacy and accountability in village governance, while also bolstering community participation.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA ANAK DI BAWAH UMUR TERLIBAT TINDAK PIDANA TERORISME ]]>
<![CDATA[Ramadhan, Azis Akbar]]>;
<![CDATA[Firdausi, Ulya Shafa]]>;
<![CDATA[Vanessa, Adinda Rachel]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.10044
<![CDATA[This article which in its writing uses normative research methods, using a statutory approach and a conceptual approach. The formulation of the problem in this research is: 1) What is the criminal responsibility of minors involved in committing criminal acts of terrorism ? 2) What is the legal protection for minors involved in committing criminal acts of terrorism? From the legal research that has been carried out using the research approach mentioned above, it can be concluded that in the first formulation of the problem regarding the criminal responsibility of minors who are involved in committing criminal acts of terrorism, that is, children cannot be held criminally responsible because not all of the conditions for the elements of guilt are met (cumulative). Meanwhile, the second problem formulation discusses the basic considerations for providing legal protection for children and the relevant and appropriate legal protection to be given to children involved as perpetrators of criminal acts of terrorism.]]>
<![CDATA[PELINDUNGAN HUKUM KREDITUR ATAS PERLAWANAN EKSEKUSI HAK TANGGUNGAN OLEH PIHAK KETIGA ]]>
<![CDATA[Jannah, Rizki Nurul]]>;
<![CDATA[Siregar, Mahmul]]>;
<![CDATA[Sukarja, Detania]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9811
<![CDATA[The existence of a counterclaim from a third party claiming ownership of the collateral is one of several challenges that are sometimes faced in implementing mortgage rights. The following analysis uses the case between PT. Bank Danamon Indonesia, Tbk with a third party (Henny Susanti, et al.) as the main discussion to examine the bank's rejection of the implementation of mortgage rights obtained by the third party. With this case analysis, it is hoped that the decision ratio used by the panel of judges can be studied in depth. This research uses legislative and case methods to provide normative and prescriptive legal research. The results of this research result in the conclusion that the regulation of the burden of third party land rights used as collateral for the bank's mortgage rights is equivalent to the burden of the collateral provided by the debtor. The bank can file a police report against the party who misuses the credit application process, and the bank can also file a civil lawsuit as a creditor with mortgage rights who has been harmed by the bank's negligence in determining the mortgage rights of a third party. In its legal analysis, the Panel of Judges at the Tangerang District Court prioritized formal elements. This does not apply to the Panel of Judges who have applied positive law correctly at the appeal, cassation and PK levels.]]>
<![CDATA[EFEKTIFITAS PENERAPAN HUKUM TERHADAP KEJAHATAN PENCABULAN ANAK (STUDI KASUS POLRESTABES MEDAN) ]]>
<![CDATA[Hafiz, Muhammad Fiqih]]>;
<![CDATA[Sitompul, Muhammad Nasir]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.10298
<![CDATA[Child molestation is a form of sexual violence that is increasingly concerning in Indonesia. Cases involving child molestation often have long-lasting psychological, physical, and social impacts on the victims. The number of child molestation cases in Medan City has continued to increase in recent years. This indicates a failure in various prevention and handling efforts made by the authorities. This study analyzes the extent to which the application of the law in child molestation cases at the Medan Police Headquarters is effective in reducing the number of child molestation crimes. This study is a normative-empirical legal study that is descriptive analysis in nature. The approaches used in this study include the statutory regulatory approach and the case approach. Secondary data were obtained through literature study techniques using data collection tools in the form of document studies. In addition, this study is also supported by field data collected through field study techniques by interviewing the Medan City Police Headquarters. The effectiveness of its application in the field often experiences obstacles. The results of the analysis show that there are serious efforts by the police to handle child molestation cases, but there are still obstacles in maximum law enforcement. These obstacles can be related to legal interpretation, availability of evidence, and the process of proof in court. As the main institution in handling child molestation cases. The effectiveness of the application of criminal law against perpetrators of child molestation crimes in Medan City, based on the role of the Medan Police, is greatly influenced by various factors, including limited resources, coordination between institutions, and social stigma that hinders case reporting. There are still challenges in the investigation and prosecution process, such as the difficulty of collecting evidence and complicated legal procedures, affecting the resolution of child molestation cases.]]>
<![CDATA[PENERAPAN SANKSI PIDANA TERHADAP PELAKU PERDAGANGAN MANUSIA DALAM PUTUSAN NOMOR 1498/Pid.Sus/2015/PN.Mks ]]>
<![CDATA[Sampurna, Jafrhan Dharma]]>;
<![CDATA[Koswara, Indra Yudha]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9823
<![CDATA[Indonesian people are often involved in human trafficking, which endangers social security and endangers the country. This article discusses the regulation of human trafficking in Indonesia, specifically the Human Trafficking Law. The aim of this research is to determine the causes of human trafficking in accordance with applicable regulations and the application of sanctions in the legal system. This research method uses a normative juridical approach which looks at problems from the study of legal materials such as books or articles that discuss human trafficking as a reference for basic materials and secondary legal materials. The results of this research are that human trafficking is rampant in various countries, including Indonesia and developing countries, where this has become a concern of the world, especially the UN. Human trafficking is a criminal offense, especially as regulated in the Criminal Code. In Indonesian criminal law, it is regulated by Law Number 21 of 2007, the application of sanctions is punishable by imprisonment and fines. Human trafficking is an organized and systematic crime, where the people involved have personal or group interests in making a profit.]]>
<![CDATA[TINJAUAN HUKUM PIDANA ISLAM PASAL 412 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KOHABITASI ]]>
<![CDATA[Ritonga, Rahul Sani]]>;
<![CDATA[Mukhsin, Abd.]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9934
<![CDATA[This research examines the regulation of cohabitation in Section 412 of Law No. 1 of 2023 and compares it with adultery sanctions in Islamic criminal law. The background of the problem raised is that Article 412 provides leniency for adultery offenders compared to Article 411 which regulates adultery, where the punishment for cohabitation offenders is lighter and the proof process uses an absolute complaint offense. This study employs normative legal techniques. with descriptive data analysis techniques. The results The discussion shows that in the review of Islamic criminal law, cohabitation offenders are considered equivalent to adultery offenders. In Islam, cohabitation is an extension of the crime of adultery so that the criminal sanctions are equalized, both for muḥṣan (married) and ghairu muḥṣan (unmarried). The perpetrator of cohabitation is subject to The perpetrators of cohabitation are subject to 100 lashes or stoning according to the category of adultery. The study's findings indicates that the regulation of cohabitation in Article 412 of Law Number 1 Year 2023 has significant differences with Islamic criminal law. Article 412 provides a lower penalty than Article 411 on adultery, in contrast to Islamic criminal law which equates criminal sanctions for cohabitation offenders with adultery offenders, namely 100 lashes or stoning according to the type, whether the category of zina muḥṣan or ghairu muḥṣan.]]>
<![CDATA[PENEGAKAN TINDAK PIDANA CYBERSTALKING DALAM HUKUM POSITIF INDONESIA ]]>
<![CDATA[Pratama, Akbar Yudha]]>;
<![CDATA[Br, Hafidz Amrullah Dzaky Nugroho]]>;
<![CDATA[Astinda, Afifudin Nur Rosyid]]>;
<![CDATA[Adhipradana, Yurista Ardien]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.10320
<![CDATA[Improper use of social media often leads someone to deal with the law. Many social media users are not aware of the legal consequences of wrong treatment, for example, speaking rudely, disturbing someone, harassing someone, cyberstalking, cyberbullying, and so on. The public only realizes the mistake when the victim brings the problem to law enforcement. The purpose of this study is to explain how to enforce cyberstalking crimes from a positive legal perspective. This study is a normative legal study with a statutory approach. In the implementation of regulations in Indonesia through the Electronic Information and Transactions Law (ITE) on many legal problems that occur on social media, it often makes the perpetrators surprised and regret their actions on social media. In addition, preventive measures are also very important in reducing the risk of cyberstalking.]]>
