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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 20 Documents
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Search results for , issue "Vol 8, No 3a (2024): September-Desember" : 20 Documents clear
PENYALAHGUNAAN KEADAAN SEBAGAI ALASAN PEMBATALAN PERJANJIAN INVESTASI Nicholas, Ferdinand; Soemartono, Raden Mas Gatot Prasetyo
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10776

Abstract

Business activities often involve third parties, including banks, which are established to improve the lives of individuals by providing an effective and efficient payment system. However, banks can sometimes get involved in legal issues, especially when they exploit circumstances involving individuals in vulnerable positions, such as those in prison. This study aims to investigate the concept of abuse of circumstances as a legitimate reason for the cancellation of an agreement. Utilizing normative research methods, this study seeks to examine the dynamics of law by examining legal rules, principles and legal doctrines. The results of this study show that a defect in will in an agreement can warrant cancellation by the injured party if it can be shown that there was an abuse of circumstances. In addition, custodian banks should be held accountable for losses incurred due to their actions or omissions in such situations. By clarifying legal responsibilities, this study emphasizes the need for banks to exercise due diligence and ethical practices in their transactions, especially with vulnerable individuals. The originality of this study lies in its specific focus on the application of the concept of abuse of circumstances in the legal relationship between banks and individuals in vulnerable situations, such as prisoners. While many legal studies focus on the general aspects of contractual liability, this study highlights an often overlooked legal gap regarding the protection of individuals who may not have the capacity to understand or reject onerous provisions in an agreement.
JAMINAN PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN TINDAK PIDANA KEKERASAN SEKSUAL Ismail, Mahsun; Purwandi, Agustri; Subroto, Gatot; Pakendek, Adriana; Wulandari, Safitri; R., Mohammad Ilham A.
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10437

Abstract

Sexual violence is currently increasing in terms of number or modus operandi committed by the perpetrator, based on the National Commission on Violence Against Women (Komnas Perempuan) in 2023 the crime of sexual violence reached 7,858 cases. The increase in sexual violence is triggered by various factors, both from family factors, the environment, and social media which are increasingly massive cornering the position of women as vulnerable to sexual violence. The method used in empirical research using a victimology approach. The results of this study show that the legal protection mechanism carried out by investigators of the PPA unit of Pamekasan Police against victims of sexual violence continues to prioritize and accommodate the legal interests of victims by cooperating with parties concerned with the protection and recovery of victims' conditions. Second, the form of legal protection carried out by providing complete information on the rights of victims both in terms of rehabilitation and recovery services, or access to legal assistance at the examination level. As well as conducting trauma healing in cases of sexual violence with the aim of a mental, emotional, and physical recovery process that aims to help victims recover from the traumatic impact caused by the experience of sexual violence.
NEGOSIASI SEBAGAI UPAYA PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Tinangon, Edwin Neil; Sinaga, Thor Bangsaradja; Mangowal, Mario Gerson
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10325

Abstract

This research discusses the implementation of negotiations in the settlement of industrial relations disputes in North Minahasa Regency. The main focus lies on the legal regulation of negotiation according to Law No. 13 of 2003, Law No. 2 of 2004 on Industrial Relations Dispute Resolution, and Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. The research uses a normative juridical method, namely an approach carried out using legal materials by examining theories, concepts, legal principles and related laws and regulations. The goal is to understand, analyze existing legal norms. This method tries to find what should be done according to a set of norms or values. both written, and unwritten and analytical descriptive research, namely describing the applicable laws and regulations associated with legal theory and the practice of implementing positive law in society. By using this method, it will be known the significant relationship between the variables studied so as to clarify the object under study. The results showed that in North Minahasa, negotiation is very useful in every community problem. As a form of communication to reach an agreement, negotiation is not only done by two parties, but can be done by several parties. Through negotiation, the parties can reach an agreement, including playing an important role in the settlement of industrial relations disputes. In every industrial relations dispute, settlement must first be sought through bipartite negotiations between workers/laborers or trade unions/laborers and employers, in a deliberative manner to reach consensus before entering into litigation. Strategies to increase the effectiveness of negotiations involve an interest-based approach, trust between parties, the role of mediators, and negotiation skills training. This aims to create a win-win solution and avoid time-consuming and costly legal proceedings.
AJARAN IMAM ABU HANIFAH DALAM HUKUM ISLAM MELALUI MAZHAB HANAFI Ningrum, Novita Ardiyanti; Kuraesin, Siti; Aisah, Putri Maharani Rahma; Prasetia, Riky; Anwar, Syahrul
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10845

Abstract

This research is motivated by the fact that Islam recognizes the existence of four most prominent schools of thought, namely Hanafi, Maliki, Shafi'i, and Hambali. The scholars and Imams of the madhhab essentially discuss Islamic law. The discussion includes various concepts, including opinions, beliefs, ideologies, doctrines, teachings, understandings, and legal frameworks. Imam Hanafi is one of them, who has a rational style of fiqh and ushul fiqh thinking. This research aims to analyze how the biography and social and intellectual conditions at the time of Imam Abu Hanifah and how the pattern of ijtihad and examples of Imam Abu Hanifah's opinions in Islamic Law. This research uses a normative juridical approach and descriptive analysis method. Data was collected using literature study techniques, and using qualitative data analysis techniques. The results showed that Imam Abu Hanifah was a jurist who lived during the Umayyad and Abbasid dynasties, which were characterized by rapid social and intellectual development. He created the Hanafi school, known as flexible and moderate, which emphasizes the use of reason and ijtihad in determining Islamic law. In addition, the istihsan and urf methods that Imam Abu Hanifah introduced in fiqh allowed for the application of laws that were more in line with local social and cultural contexts. This shows that Imam Abu Hanifah valued and balanced customs and Islamic values.
TANGGUNGJAWAB MASKAPAI ATAS GANTI KERUGIAN IMMATERIL PADA PERKARA WANPRESTASI AKIBAT PEMBATALAN JADWAL PENERBANGAN (Studi Kasus Putusan MA NO. 2822K/PDT/2014 Tanggal 28 Agustus 2015) Soraya, Nada Intan
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10777

Abstract

This study aims to analyze the form of airline responsibility in providing immaterial compensation to passengers due to flight schedule cancellations categorized as default. The focus of this study is to understand the legal basis, the form of compensation that can be given, and the application of the law based on the Supreme Court's decision case Number 2822k/Pdt/2014 dated August 28, 2015. In this case, the airline PT. Lion Mentari Airlines was required to pay immaterial compensation of Rp. 50,000,000 to the plaintiff. The research method used is doctrinal legal research with a normative juridical approach. Data collection was carried out through library research with primary legal sources such as the Civil Code (KUH Perdata) and secondary legal sources in the form of literature, journals, and relevant legal documents. Data were analyzed qualitatively to gain a deep understanding of the application of the law related to airline responsibility in cases of default. The results of the study indicate that the airline's responsibility in providing immaterial compensation is based on the provisions of Article 1243 to Article 1252 of the Civil Code regarding breach of contract, as well as Article 1365 of the Civil Code regarding unlawful acts. The Supreme Court's decision in the case emphasizes the importance of respecting consumer rights and implementing the principle of justice in legal protection for injured passengers. These findings contribute to the development of consumer protection law in the air transportation sector in Indonesia.
KEBEBASAN BERSERIKAT DAN BERKUMPUL DALAM PERSPEKTIF HAK ASASI MANUSIA Tarmudi, Tarmudi; Widagdo, Gatot Subroto; Putra, Rengga Kusuma; Saragih, Geofani Milthree; Amelia, Risky
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10654

Abstract

This study aims to analyze freedom of association and assembly from a human rights perspective, and explore the challenges faced in its implementation in various countries. The scope of the study includes a review of various cases of violations of the right to freedom of association and assembly, both in countries with democratic and authoritarian systems. In addition, this study will also discuss the role of international organizations and civil society in promoting and protecting these rights. This study will not only discuss the theory and basic principles of freedom of association and assembly, but will also dig deeper into how these rights are implemented in practice, the challenges faced, and steps that can be taken to strengthen the protection of these freedoms throughout the world. This study is expected to make a significant contribution to understanding the complexity of freedom of association and assembly and its impact on human rights as a whole. This study uses a qualitative approach with a case study design. The qualitative approach was chosen because it allows researchers to dig deeper into freedom of association and assembly in the context of Human Rights (HAM).
PERLINDUNGAN HUKUM SERTA BATASAN HUKUMAN OLEH GURU KEPADA MURID DALAM PELAKSANAAN PENDIDIKAN Mansur, Moch; Mangar, Irma; Kholifah, Ummu Nur
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10485

Abstract

In a review of recent empirical studies and research to assess whether punishment actually helps create a better learning environment or actually contributes to deeper behavioral problems. The impact of punishment on students psychologically and emotionally. The focus includes the short-term and long-term implications of harsh and inappropriate punishment on students' mental development and psychological well-being. This normative-empirical legal research method is basically a combination of a normative legal approach with the addition of various empirical elements. The government's efforts to protect educators in their work are referred to as legal protection for teachers. This includes protection in the fields of law, welfare, education, and society. In its implementation, punishment must be proportional to the violation or mistake made by the student. Punishment that is too severe or disproportionate to the violation can be considered unfair and can affect students' relationships with school and learning.
PENGATURAN RETUR BARANG OLEH PIHAK EKSPEDISI PADA APLIKASI SHOPEE PERSPEKTIF MAQASHID SYARI’AH Afifah, Fauziyyah; Hidayat, Rahmat
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10820

Abstract

The popularity of online buying and selling transactions on the Shopee app allows you to shop without having to visit a store or market centre. However, this cannot be separated from the problem. Some of these issues include unsuccessful courier delivery due to damaged products, inaccurate address, and inability to reach the buyer during the delivery process. Failed delivery results in the products being returned to the seller by the expedition in accordance with Shopee policies. Objective This research demonstrates how to give legal protection for customers. Return of goods by the expedition party via the Shopee app. And to find out Consumer protection procedures for the return of items by the expedition party on the Shopee application, reviewed from maqashid shariah. This study seeks to determine the manner of control of unilateral returns of items by expeditions, as well as the idea of consumer protection, from a Maqashid Syari’ah perspective. The research methodology is empirical law with a living case studies, statute, and conceptual approach. Results This study explains that the courier violated the principles of good faith and default as regulated in Article 1338 paragraph (3) of the Civil Code and Article 7 letter an of the Consumer Protection Law, allowing consumers who have been harmed to seek compensation for the costs of ordering goods from Shopee, a business actor that provides marketplace services. Consumer protection against material losses is the application of according to the principle of Hifz al-Mal (property protection), Shopee is required to give a guarantee of compensation for the return of items by the expedition.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA DENGAN STATUS NIKAH SIRI Yuliyani, Allya Putri; Rasji, Rasji
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10612

Abstract

Siri marriage is a marriage that is carried out under the hand or secretly, the reason someone does a siri marriage is usually because they want to avoid adultery, are pregnant outside of marriage, or the man does not want to register their marriage. As a result of this siri marriage, the marriage can be terminated easily, besides that violence against family members is also very vulnerable because the marriage does not have legal force. However, in some cases there are cases of domestic violence in siri marriages that get protection from the PKDRT Law, this makes legal uncertainty in the enforcement of domestic violence cases in siri marriage couples. Legal clarity is needed to provide protection for victims of domestic violence in a siri marriage without violating or changing the provisions of certain laws. The author's goal is for the community to know the consequences of siri marriage and provide information related to law enforcement in domestic violence cases. The method used by the author is normative legal research, whose main focus is on the study of legal norms or rules. Normative legal research aims to analyze legal rules or regulations as part of an interrelated legal system, and see how these rules relate to legal events that occur, the type of data used in this research is secondary data. Secondary data is data obtained from second sources or secondary sources of the data needed. Secondary data in this study such as decisions, books, journals. The author uses a statutory and case approach. The analytical approach to the law is to analyze the meaning contained and used in the legislation conceptually and examine all laws and regulations related to the legal issues being studied.
PERLINDUNGAN HAK PENYANDANG DISABILITAS DALAM PERSPEKTIF SOSIOLOGI HUKUM Malik, Deden Abdul; Ningrum, Novita Ardiyanti; Zulvia, Ransya Ayu; Alfani, Feralda Septya; Aisah, Putri Maharani Rahma; Saebani, Beni Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10718

Abstract

Protection of the rights of persons with disabilities in Indonesia is generally regulated through various statutory regulations, one of which is Law Number 8 of 2016 concerning Persons with Disabilities. However, various challenges arise due to stigma, discrimination and a lack of public understanding of the rights of people with disabilities.. The aim of this research is to determine the factors that cause social stigma towards people with disabilities, to determine efforts to overcome social stigma towards people with disabilities and legal protection. The methodology used in this research is juridical-empirical law with a qualitative paradigm with a legal sociology approach. Factors that cause social stigma towards people with disabilities are not receiving support from their families, a lack of self-will to develop, as well as negative stigma from society. Efforts to overcome social stigma towards people with disabilities include that the families of people with disabilities must provide support, people with disabilities must have the self-confidence to develop, and the community is given education through outreach regarding the prohibition of discrimination against people with disabilities.

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