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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
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Articles 20 Documents
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Search results for , issue "Vol 9, No 1 (2025): Januari-April" : 20 Documents clear
Tinjauan Hukum Pidana Islam terhadap Pelaku Pemerkosaan Mayat Azizi, Al-Yafie; Iwan, Iwan
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11323

Abstract

The criminal act of necrophilia is a rare phenomenon but has serious implications for the dignity of the deceased and human values. This study is motivated by the legal void in Indonesia’s Criminal Code (KUHP), which does not explicitly regulate this crime. However, the Draft Criminal Code (RKUHP) has begun to include provisions addressing inhumane treatment of corpses, including necrophilia. From the perspective of Islamic criminal law, this act is considered a severe violation of the sanctity of the deceased and religious values. The aim of this study is to examine the crime of necrophilia from the perspective of Islamic criminal law to provide theoretical insights and propose alternative legal regulations relevant to Indonesia. The study employs a normative juridical research method, using a statutory approach and an analysis of Islamic legal doctrines, particularly principles of ta'zir, diyat, and interpretations by Islamic scholars concerning the dignity of the deceased. The findings reveal that while Islamic criminal law does not explicitly regulate necrophilia, this act is classified as a serious offense violating the sanctity and dignity of the deceased. Punishments include ta'zir, which is left to the discretion of judges, and diyat as compensation to the victim's family. The study concludes that both Indonesia's positive law through the RKUHP and Islamic criminal law regard necrophilia as a grave offense requiring clear legal provisions and strict punishment. This research recommends strengthening legal regulations to protect the dignity of the deceased while reflecting the values of justice and humanity.
Kepastian Hukum Atas Status Tanah Adat Setelah Berlakunya Undang-Undang Pokok Agraria Zahra, Mutia; Priyono, Ery Agus
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.10973

Abstract

On September 24, 2024, the Basic Agrarian Law (UUPA) was enacted and implemented, which is the main legal basis for land regulation in Indonesia. Before the UUPA was enacted, land regulations in Indonesia were still based on unwritten customary law and Western civil law inherited from the colonial era. In practice, many Indonesian people control land based on customary law, which often does not have valid written evidence to show ownership rights. Therefore, regulations regarding land rights are still often complicated and prone to disputes. The UUPA is present as an implementation of Article 33 paragraph (3) of the 1945 Constitution which mandates that the earth, water, and natural resources must be controlled by the state and used as much as possible for the prosperity of the people. The main objective of the UUPA is to create a just and prosperous society, as well as to provide legal certainty regarding land ownership and provide protection to people who have ownership rights to customary land, the UUPA allows the conversion of ownership rights to customary land into ownership rights in accordance with the provisions of the UUPA. The process of proving land rights in the UUPA can be done in several ways, such as land registration followed by the issuance of a land certificate, the issuance of a Land Rights Certificate (SKHAT) by the Village Head or Lurah which is authorized by the Sub-district Head, and also with physical control of the land which is proven by the existence of plants or buildings on the land. Through the UUPA, the government plays a role in equalizing land distribution and improving natural resource management, as part of agrarian reform. This is important to create a fairer and more equitable land ownership system throughout Indonesia.
Perlindungan Hukum Terhadap Hak Pekerja Kontrak dalam Pemutusan Hubungan Kerja Hasan, Fuad; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11128

Abstract

In Indonesia, the legal protection of workers includes two basic aspects, namely protection from the power of the employer and protection from government action. Legal protection from the power of the employer is implemented if the regulations on labor are implemented by all parties. The purpose of providing legal protection to workers is to create good working relationships and ensure that the rights of workers are implemented and can be fully received in accordance with applicable regulations and labour agreements. The research method used normative juridical research with a statutory approach and conceptual approach. Basically, this employment agreement contains the rights and obligations of the parties, in this case employers and employees. In labor relations, legal protection aims to avoid the arbitrariness of one of the parties. Factors affecting legal protection of workers' rights due to termination of employment include the fact that there are still many business actors who do not carry out their obligations to provide rights to workers in accordance with applicable regulations. Protection related to the rights of workers affected by termination of employment has been regulated in Law Number 6 Year 2023, namely the fulfillment of workers' rights consisting of severance pay, long service pay, and compensation pay that should be received in accordance with the length of service in the company concerned.
Putusan Pengadilan Tata Usaha Negara Nomor 115/G/2023/PTUN.MDN tentang Pembatalan Sertifikat Hak Milik Perspektif Fiqh Siyasah Dalimunthe, Ahmad Nawawi; Ramadani, Ramadani
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11296

Abstract

Although land certificates serve as official documents that validate ownership rights, cases of land disputes and violations still often occur. Many individuals face challenges in defending their rights due to the lack of legal protection or the presence of parties who try to harm them. The purpose of this study is to determine how the decision of the state administrative court number 115/G/2023/PTUN.MDN regarding the cancellation of the certificate of ownership rights from the perspective of fiqh siyasah. This study uses a normative legal research method. The results of the study indicate that the PTUN Decision to cancel the Certificate of Ownership Rights (SHM) in the name of Parulian Damanik is contrary to applicable legal procedures and the principle of justice in fiqh siyasah, because the certificate was issued legally by the BPN and has a clear legal basis. Cancellation without evidence of administrative defects causes legal uncertainty, which violates the principle of legal certainty and the government's responsibility to protect individual rights transparently and fairly. This study includes a limited focus on one PTUN case, without expanding the analysis to other similar cases, as well as limited access to supporting documents from related parties. This study is based on the use of the fiqh siyasah approach in analyzing PTUN decisions, which is rarely discussed in the context of modern Indonesian law, and its emphasis on the impact of court decisions on legal uncertainty and justice in land administration. This study contributes to offering a new perspective on the relationship between state law and fiqh siyasah in maintaining individual rights to land.
Fatwa MUI Nomor 83 Tahun 2023 Terkait Pemboikotan Produk Israel (Tinjauan Aspek Ekonomi, Sosial Dan Politik) Syam, Syafruddin
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11140

Abstract

This study aims to analyze the implementation of the Indonesian Ulema Council (MUI) Fatwa Number 83 of 2023 concerning the boycott of Israeli products, with a focus on its impact in North Sumatra Province from economic, social, and political aspects. The research method used in this study is qualitative using a legal sociology approach. The data sources used are primary data and secondary data with data collection methods, namely literature review and interviews. The results of the study obtained indicate that the MUI fatwa Number 83 of 2023 concerning the boycott of Israeli products, viewed from an economic aspect, has the potential to reduce the income of Israeli companies that rely on exports to international markets, including Indonesia. From a social aspect, this boycott is a manifestation of concern for the suffering of others and support for their struggle. From a political aspect, this fatwa has several implications, specifically support for Palestine. This study is expected to contribute to the understanding of the interaction between ulama fatwas, public policy, and public response in the context of sensitive international issues.
Sanksi Pelaku Murtad dalam Perkawinan yang Masih Tinggal Bersama Perspektif Hukum Pidana Islam Mubarok MR, Husni
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11319

Abstract

Apostasy in Islam is considered a serious offense generally punishable by death. However, its application becomes complex when the apostate remains in a marital relationship, living with their spouse and children, thus raising legal dilemmas concerning family protection and the enforcement of sanctions under Islamic criminal law. This study aims to analyze the Islamic criminal law sanctions against apostates who continue to live with their families. Using a normative juridical method, the study examines the legal provisions from various sources, including the Qur’an, Hadith, and ijma’ (consensus of scholars). The findings reveal that the death penalty applies to apostates who leave Islam with the intention of opposing and destroying it. However, for individuals who apostatize but remain committed to protecting their family, the death penalty is deemed irrelevant. In such cases, a more prioritized approach involves counseling and efforts to bring them back to Islam. If these efforts fail, alternative sanctions such as ta’zir can be applied, including flogging, detention, fines, or reprimands, along with additional penalties such as asset freezing. In conclusion, under Islamic criminal law, apostates who maintain marital ties and live with their family are not subjected to the death penalty unless their apostasy is accompanied by hostility towards Islam and a desire to destroy it, as clarified in the historical development of Islamic law.
Peran Hak Paten dalam Melindungi Inovasi Obat dan Meningkatkan Keberlanjutan Industri Farmasi Maulana, Adam Afin; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11179

Abstract

Patents play a strategic role in the development of the pharmaceutical industry as a mechanism for protecting drug innovation that drives research and development. In Indonesia, patent protection provides a legal basis to ensure exclusive rights to commercialize inventions, guarantee returns on investment, and facilitate the creation of innovative, safe, and quality pharmaceutical products. However, there is a tension between patent protection and the need for public access to affordable medicines. This article aims to analyze the role of patent protection in driving pharmaceutical innovation while evaluating its impact on the sustainability of the industry and public accessibility in Indonesia. This study uses a descriptive analytical method through a review of literature and secondary data relevant to the issues of patent protection, pharmaceutical innovation, and drug access in Indonesia. The analysis was conducted to identify the potential and challenges of implementing the patent system, as well as policies that can balance the need for innovation with public health interests. The results of the study show that although patents are able to attract investment and increase the competitiveness of the Indonesian pharmaceutical industry in the global market, their monopolistic nature often leads to increased drug prices, limiting access for vulnerable groups. Policies such as compulsory licensing can be a solution to ensure the production of generic drugs without neglecting innovation protection. With a balanced approach between intellectual property protection and equal access to essential medicines, Indonesia has the potential to build a sustainable pharmaceutical industry that is able to compete globally while meeting the health needs of its people.
Prosedur Penanganan Hukum Anak Pelaku Tindak Pidana Narkotika: Perbandingan Hukum Indonesia-Thailand Sembiring, Kirensi; Abduh, Rachmad
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11097

Abstract

This research aims to explore the sentencing regimes applied to child offenders in the context of narcotic crimes in Indonesia and Thailand, as well as conduct a comparative study on the legal handling procedures applicable in both jurisdictions. Children represent the demographic with the highest prevalence of narcotic use globally. The normative framework in Indonesia is constructed through specific legislative instruments, namely the Republic of Indonesia Law No. 35 of 2009 regarding Narcotics and the Republic of Indonesia Law No. 11 of 2012 governing the Child Criminal Justice System. In the context of Thailand, related regulations are implemented through the Narcotic Act B.E 2522 and Juvenile Court B.E 2494. Narcotic abuse can be perceived as a crime without victim (crime without victim). This terminology indicates that this illegal activity does not produce external suffering, but rather the perpetrator themselves experiences detrimental consequences. This study is a library research with a normative approach, using documentary study methods to collect information and analyzed through qualitative interpretive procedures. The investigation results reveal that the legal regimes in Indonesia and Thailand apply a rehabilitative approach, both through non-institutional and institutional interventions, with the primary focus on protecting the rights of children involved in criminal acts.
Tindak Pidana Money Politics Ditinjau dari Hukum Pidana Islam Hanafi, Hanafi; Sitepu, Rajin
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11320

Abstract

Politics and Islam are two concepts that cannot be separated, as Islam provides guidance for all aspects of life, including political and state affairs. In Indonesia, the practice of "Money Politics" or commonly referred to as "serangan fajar" has become a widespread phenomenon in various general elections. This phenomenon involves the strategy of giving money or basic necessities by the campaign teams of candidates to the public in exchange for their votes. This practice raises various issues from moral, legal, and justice perspectives. Therefore, this study aims to analyze Money politics from the perspective of Indonesian law using a critical theory approach, as well as from the perspective of Islamic law through a normative religious theory approach. This research employs a normative juridical method, examining relevant regulations and sources of Islamic law to provide an understanding of the impact of Money politics on the legal system and political ethics. The findings indicate that Money Politics  contradicts the principles of justice and integrity, both in Indonesian positive law and Islamic teachings. In conclusion, despite the persistence of this practice, there is a need for strengthening moral and legal values to create a cleaner and fairer political system.
Pembatasan Kepemilikan dan Penguasaan Lahan Rumah Tinggal Ditengah Pembangunan Komoditas Investasi Ruska, Afdhal -; Jaya, Febri; Tan, Winsherly
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11180

Abstract

This study highlights the importance of restricting residential land ownership and control in Indonesia because land is a capital asset. This study examines the social and economic impacts of this phenomenon, focusing on the Basic Agrarian Law, and provides policy recommendations to address the conflicts and inequalities that arise. This study uses a normative legal method. The results of the study show that the authorities of the Republic of Indonesia have attempted to restrict ownership and management of land rights for residential purposes, but these efforts have not been fully effective and clearly regulated in one law. The solution to restrict this is to create legal regulations that consider legal provisions and consider philosophical, legal, and sociological bases. The limitations of this study's findings lie in the lack of elaboration of the actual implementation of efforts to restrict residential land ownership and control in Indonesia, as well as the lack of analysis of the specific obstacles faced by the authorities in implementing them. In addition, recommendations for creating new legal regulations are still general in nature and do not include concrete mechanisms or steps to integrate philosophical, legal, and sociological aspects into regulations. However, the originality of this study lies in emphasizing the importance of a holistic approach in formulating policies, which considers not only the formal legal dimension, but also social values and the philosophy of justice in dealing with land as an investment commodity. This finding provides a significant contribution to the discourse on policy reform related to land ownership, especially in the context of facing pressure from the investment market.

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