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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 9, No 2 (2025): Mei-Agustus" : 20 Documents clear
Perlindungan Pendapatan Daerah dari Pembayar Pajak Kendaraan yang Mangkir Perspektif Maqashid Syariah Ningrum, Dewa Alyu Sastra; Zulham, Zulham
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11488

Abstract

This study aims to determine the protection of Regional Income from vehicle taxpayers who are absent from the perspective of Maqashid Syariah at the SAMSAT Office. Motor vehicle tax is a fairly large source of income, but some people are still not compliant with tax payments, so that vehicle owners' tax compliance is not optimal. In implementing the Regional Regulation of North Sumatra Province Number 6 of 2018 concerning Regional Taxes, it is also necessary to establish guidelines and procedures for collecting motor vehicle taxes as stated in the Regulation of the Governor of North Sumatra Number 12 of 2019. This study aims to determine the potential income of the Binjai City Government from vehicle taxpayers who are absent, the impact of motor vehicle taxpayers who are absent, and the protection of Regional Income from vehicle taxpayers who are absent when viewed from the perspective of Maqashid Syariah. This type of research is empirical legal research with a statute approach and living case studies. From the perspective of Maqashid Syariah, efforts to protect Regional Income related to motor vehicle taxpayers are the application of the Maqashid Syariah principle, so it is mandatory to protect Regional Income and comply with the payment of motor vehicle taxes.
Nafkah Iddah Bagi Perempuan Pasca Perceraian dalam Perundang-Undangan Rosyida, Ryvina Izza; Maulidiyah, Dwi Faizah; Suherlan, Windy Amanda Siwi
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11506

Abstract

Divorce has various legal consequences, one of which is the obligation to provide iddah maintenance for the ex-wife. Iddah maintenance is the right of divorced women during the iddah period as a form of welfare guarantee after divorce. This study aims to examine the legal provisions related to iddah maintenance in Indonesian legislation, including the Marriage Law, the Compilation of Islamic Law, and court decisions. This study is a qualitative study with a normative legal approach. Women's rights to obtain iddah maintenance after divorce are regulated in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. The provisions for iddah maintenance are distinguished based on the type of divorce, namely talak raj’i and talak ba’in. In talak raj’i, women have the right to receive iddah maintenance because they are still in the waiting period to remarry. Meanwhile, in talak ba’in, both in the Compilation of Islamic Law and the Law, there are no provisions that clearly regulate iddah maintenance, so women who experience talak ba’in are not automatically entitled to receive it. However, several regulations such as PERMA No. 3 of 2017 provides an affirmation regarding this matter. This study uses a normative legal approach to look at the legal provisions related to iddah maintenance, which still require clarity in protecting women.
Perlindungan Hukum Bagi Korban Tindak Pidana Terorisme di Indonesia: Tantangan dan Implementasi Nuralam, Yoga Wibawa; Saleh, Moh.
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11249

Abstract

This study aims to explore the legal protection provided to victims of terrorism in Indonesia, considering its broad impact on individuals and society. Using a normative juridical method, the study analyzes regulations such as Law No. 5 of 2018 and Law No. 13 of 2006, along with relevant legal concepts. The findings indicate that while legal protection includes compensation, restitution, and rehabilitation, its implementation faces challenges in legal, policy, and institutional coordination aspects. This study contributes by identifying key obstacles in regulatory enforcement and proposing strategies to enhance the effectiveness of legal protection through optimized law enforcement mechanisms. The study's limitation lies in its focus on normative analysis without an in-depth empirical examination. Its originality stems from a comprehensive evaluation of the effectiveness of existing regulations and strategic recommendations to improve protection for terrorism victims.
Analisis Putusan Pengadilan Tata Usaha Negara No. 118/g/2023/PTUN.MDN terhadap Sertifikat Hak Guna Usaha Perspektif Siyasah Qada’iyyah Rambe, Noni; Khalid, Khalid
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11505

Abstract

Land disputes are complex legal issues that often trigger conflicts in Indonesia. Unclear administrative procedures, lack of legal certainty, and potential violations in the issuance of land certificates by the National Land Agency (NLA) often prolong disputes. This raises questions about the extent to which the judicial system can provide legal certainty and justice to the parties involved in the dispute. This study aims to examine the decision of the Medan PTUN Number 118/G/2023/PTUN.MDN regarding the dispute over the issuance of the Land Use Rights Certificate (LUR) between Abdullah Hasibuan and PT. Nubika Jaya. This study analyzes the judge's considerations in making the decision and reviews its compliance with the principles of fiqh siyasah, especially siyasah qada'iyyah. This study uses normative legal research methods with a statutory, analytical, and case approach. The results of the study indicate that the court considered that the certificate issued by the National Land Agency (NLA) was in accordance with applicable legal procedures, and no administrative legal defects were found.  This decision shows that in resolving land disputes, the principle of legal certainty and protection of legitimate rights holders is the main priority. Meanwhile, from the perspective of fiqh siyasah, especially siyasah qada'iyyah, this decision is consistent with the principles of justice ('adl) and legal certainty (istiqrar al-hukm). Although there are differences in the interpretation of the principles of good governance, justice in Islamic courts must consider the interests of all parties involved, including those who feel disadvantaged by administrative decisions.
Pertanggungjawaban Perusahaan Kelapa Sawit Atas Kerusakan Jalan Kabupaten Perspektif Maslahah Mursalah Sari, Emilia; Adly, Muhammad Amar
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11559

Abstract

PT Perkebunan Nusantara (PTPN) IV Tinjowan is a palm oil company that has the responsibility to improve the welfare of the community around the plantation in various aspects. Research at PT Perkebunan Nusantara (PTPN) IV Tinjowan focuses on priorities for the community around the palm oil plantation, because this company is engaged in the economy. However, there are obstacles in the implementation of some of the company's programs, especially in the infrastructure sector. The method used in this study was a direct field survey and structured interviews with village officials. The field survey was conducted to see the condition of road damage (traffic), while structured interviews were conducted with local village officials, namely parties in the community who are considered to have knowledge and know in detail about the programs that have not been running. The results of the study showed that the PTPN IV Tinjowan program had not been implemented properly in the field of road infrastructure (traffic). There were several programs that had not been evenly distributed throughout the community, so further socialization was needed.
Integrasi Kearifan Lokal dan Hukum Positif dalam Pengelolaan Lingkungan Salamena, Hanny Jermias Onisimus; Saleh, Moh.
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11251

Abstract

The practice of land clearing by burning forests has long been a part of indigenous communities' local wisdom in North Sumatra to enhance soil fertility. However, this practice conflicts with Indonesia’s positive laws, particularly Forestry Law No. 41 of 1999 and Environmental Protection Law No. 32 of 2009. This study aims to analyze the integration of local wisdom and positive law in environmental management. Using a qualitative approach with a case study method, the research examines the case of Sorbatua Siallagan, where land clearing in protected forest areas led to legal consequences. The findings reveal that while indigenous practices contribute to sustainable land use, they also pose environmental risks, including forest fires and air pollution. Therefore, strengthening dialogue and empowering indigenous communities with environmentally friendly agricultural techniques is necessary to harmonize local traditions with legal regulations, ensuring environmental sustainability and community welfare.
Dampak Alih Fungsi Lahan Pertanian Menjadi Lahan Kering Sanjesti, Winidya; Silviana, Ana
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11650

Abstract

Conversion of agricultural land to dry land is a crucial issue in the context of sustainable development and food security in Indonesia. This change is triggered by various factors, including urbanization, industrialization, and economic pressure on agricultural land. This study aims to analyze the impact of land conversion on environmental, social, and economic aspects. The method used is secondary data analysis from various relevant sources. The results of the study indicate that this change causes land degradation, characterized by decreased soil fertility, increased risk of erosion, and reduced biodiversity. From a social perspective, land conversion contributes to a decrease in farmers' welfare due to decreased agricultural productivity and their income. In addition, the reduction in agricultural land also has a negative impact on local food security and encourages migration to urban areas in search of better sources of livelihood. Economically, land conversion can increase land value and open up new investment opportunities, but it is often not profitable for small farmers who lose their sources of livelihood. Therefore, a sustainable land management strategy is needed through policies that are oriented towards a balance between development needs and natural resource conservation. Collaboration between the government, local communities, and the private sector is key to overcoming the negative impacts of land conversion and maintaining food security and community welfare in the future.
Kepastian Hukum terhadap Keabsahan Peralihan Tanah yang Belum Bersertipikat Krestianto, Agustinus Herry; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.10828

Abstract

Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations confirms that there is not an inch of land in our country that does not have an owner or is called "no-man's land". The absence of proof of ownership of a plot of land in the form of a certificate, is a problem in the legal act of buying and selling land in obtaining legal protection. The purpose of this study is to analyze and examine the transition of land that has not been interpreted in obtaining legal certainty. This is because there are still many buying and selling of land that have not been unilaterally carried out unilaterally between the seller and the buyer on the basis of girik/petuk d which is the basis of tax payments on land and juridically is not proof of land ownership recognized bycountry. This study uses a type of normative legal research in the form of in-depth study to conduct detailed and clear research and find a specific legal analysis of the problems under study using the statute approach (statute approach) andConceptual approach (conceptual approach) with an analysis based on legal arguments. Transition/buying and selling land that does not yet have a certificate in practice is carried out with the process of operating land rights and is not a buying and selling land. That is, all that is diverted is the civil rights attached to the subject/seller as the main rights holder in obtaining ownership of land objects through land registration for the first time. The validity of the land rights operation must be made with an authentic deed by a notary and then a land registration is carried out at the local land office to obtain legal certainty from the state, which is in the form of certificates. Storage of the certificate data document in the form of electronic rights bookkeeping that produces the relevant land book that is approved as well as ratifying certificates in the form of electronic documents, called Electronic Certificates (Certificate-El).
Perlindungan Hukum bagi Tenaga Medis dan Tenaga Kesehatan dalam Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan Prayuti, Yuyut; Kusumah, Yuda; Abidin, Zaenal
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11760

Abstract

The current position of patients, which can be said to be equal to healthcare professionals, makes healthcare providers unable to ignore regulations that may conflict with criminal, civil, and administrative law. In cases of malpractice, patients can directly report and demand accountability. The problem in this research is that healthcare providers, healthcare professionals, and medical personnel can face legal consequences if proven to have provided healthcare services that do not comply with existing Professional Standards and Standard Operating Procedures. This research uses a normative juridical research method, relying on primary data sources in the form of laws and regulations related to the problem, namely Law No. 17 of 2023 concerning Health, Law No. 36 of 2014 concerning Health Workers, and Law No. 44 of 2009 concerning Hospitals. Secondary data sources include books, professional codes of ethics, law journals, theses, and dissertations that provide guidance and explanations regarding primary data sources. In Law Number 17 of 2023 concerning Health, Article 273 provides legal protection for healthcare professionals and medical personnel who perform medical actions in healthcare services as long as they comply with professional standards, professional service standards, Standards operational procedure, and professional ethics. It also seeks to resolve disputes resulting from negligence outside of court. This research is limited to a normative legal analysis, focusing on laws and regulations without empirical validation from case studies or direct interviews with affected professionals and patients. The study also does not explore international comparative law, which may provide broader insights into malpractice accountability.
Penerapan Kewajiban Notaris dalam Memberikan Pelayanan Hukum bagi Pihak Kurang Mampu Sectiona, Wiky; Hafidh, Muhammad
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11376

Abstract

In Indonesia, the Notary profession is a legal entity that has the authority to provide legal services according to the law. This authority is stated in Law of the Republic of Indonesia No. 2 of 2014 and No. 30 of 2004. However, notaries are not only responsible for providing legal services to the rich but also to the poor, in accordance with the principle of social justice. This study aims to analyze the application of notary law in providing legal services to the poor and to identify the challenges faced by notaries in their work. The research method used is Normative Jurisprudence or library legal research method, namely reviewing laws and regulations related to notary obligations, such as the Notary Law (UUJN), the Regulation of the Minister of Law and Human Rights, as well as the notary code of ethics and relevant case studies regarding notary obligations to provide legal services. The data obtained will be analyzed using a descriptive-qualitative method, namely by describing, interpreting and concluding the results of the study based on the data collected. The results show that although the obligation of notaries to provide legal services for the underprivileged has been regulated by law, its implementation still faces various obstacles. Strengthening of regulations, incentive systems, and better supervision are needed so that these services can truly be enjoyed by the people in need.

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