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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 2 (2025): Mei-Agustus" : 20 Documents clear
Sanski Hukum Bagi Pelaku Hiperseks yang Mengakibatkan Kekerasan Dalam Rumah Tangga (KDRT) Yasmin, Aliya; Lubis, Syaddan Dintara
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.v9i2.11500

Abstract

Sexual urges that are very strong and challenging to control are reflected in hypersexuality, which can result in coercion, pressure, or even violent behavior. It can be difficult to recognize and address incidents of domestic violence involving hypersexual behavior. Because sociological juridical normative legal studies explore the meaning of hypersex, hypersexual variables, related cases, and hypersex, these findings help in building legal arguments. The hope is to maintain the welfare of every family member and build a family atmosphere free from sexual violence. Legal writing is included in the category of sociological jurisprudential normative legal research, trying to investigate legal penalties for those involved in hypersexual behavior that leads to sexual violence. Legal norms are the subject of the analysis of the internal perspective of this legal method. Legislation relating to the crime of sexual violence is secondary data referred to by this study. The findings of this study indicate that the elements of punishment for perpetrators of hypersex based on criminal law are a single/imperative formulation system, an alternative formulation system, and a cumulative formulation system. While based on Islamic criminal law, ta'zir punishment is a sanction that can be given to those who commit violations including sexual violence. In addition, the type of ta'zir punishment also differs depending on the choice of the government judge or ulul amri based on ijtihad.
Perwujudan Sila ke-5 Pancasila bagi Penyandang Disabilitas dalam Mendapatkan Hak-Hak Fundamental berdasarkan Undang-Undang Nomor 8 Tahun 2016 Riskanita, Dinda; Sulistyowati, Andita; Nugroho, Dendy Prasetyo
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.v9i2.10386

Abstract

The 5th principle of Pancasila contains the principle of justice in various aspects of life without discrimination against anyone, including people with disabilities. This principle emphasizes that every citizen, including people with disabilities, has the right to receive equal treatment, access to basic rights, and equal opportunities in community, national and state life. Through Law Number 8 of 2016 concerning Penyandang Disabilitas, as a form of government responsibility in creating policies that favor people with disabilities and eliminate discrimination. This study aims to analyze and examine the manifestation of the principle of social justice in Pancasila, especially regarding the fulfillment of basic rights for people with disabilities. The main focus of this study is to explore the extent to which the application of the principle of social justice in Pancasila contributes to equality, protection, and fulfillment of the basic rights of people with disabilities in various aspects of life. This research is a normative legal research with a statue approach, by examining secondary legal materials using the library research method, where the research will answer the problem by using supporting legal theories through literature studies. The results of this study explain that the 5th principle of Pancasila demands social justice in fulfilling basic rights for people with disabilities, namely in the fields of education, employment, health, accessibility, socio-political participation, legal protection and social security. This study emphasizes the importance of ensuring that people with disabilities are not only respected, but also given equal opportunities to enjoy their basic rights in all aspects of life. Pancasila, as the basis of the state, emphasizes that social justice for people with disabilities is the state's obligation to realize it through policies and real actions. Law Number 8 of 2016 is a concrete form of government commitment in ensuring the fulfillment of the basic rights of people with disabilities.
Kepastian Hukum Tanggung Jawab PPAT Terhadap Akta Jual Beli Tanah yang Tidak Dibacakan Dihadapan Para Pihak Hidayat, Abia Kalila; Yunanto, Yunanto
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.v9i2.10982

Abstract

Notary/PPAT is a public official who has an important role in ensuring legal certainty through authentic deeds made by authorized officials. In the land law system, the process of making authentic deeds is the basis for the transfer of land rights. So that the deed of sale and purchase of land made by PPAT has authentic legal force that guarantees legal certainty. This study is expected to provide a clearer understanding of the importance of the deed reading procedure in ensuring legal certainty, as well as emphasizing the responsibility of PPAT in carrying out their duties in accordance with the principles of caution and professionalism. The type of research used is Normative Juridical research or library legal research methods, namely reviewing laws and regulations and relevant case studies on the importance of understanding bankruptcy status where notaries affect their professional duties and the authenticity of legal documents. The results of this study indicate that with the existence of administrative sanctions of dishonorable dismissal of the position of PPAT for violating the law, and in general the legal consequences of a deed that is not read in front of the parties will be the same as a private deed and have legal consequences as a private deed because of the error of the PPAT being given administrative responsibility for his actions of dishonorable dismissal in accordance with the Regulation of the Republic of Indonesia Number 37 of 1998 concerning the Regulation of the Position of Land Deed Making Officials Article 22, the PPAT deed must be read/its contents explained to the parties in the presence of at least 2 witnesses before being signed immediately by the parties, witnesses, and the PPAT in this case deviating from what is in the Law.
Keselarasan Konstitusionalitas Program Pensiun Tambahan dalam Kerangka Hukum Pengembangan dan Penguatan Sektor Keuangan Rasidi, Ameliya; Alfath, Tahegga Primananda
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.v9i2.11592

Abstract

The additional pension program mandated in Article 189 paragraph (4) of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU PPSK) aims to improve old-age protection for workers and harmonize existing pension programs. However, the discourse on wage deductions to pay additional pension contributions has raised concerns among workers, especially those with middle to lower incomes. This study examines the constitutionality of the additional pension program and the forms of legal protection for people who are unable to pay contributions. The research method used is normative legal research with a statutory and conceptual approach. The results show that the additional pension program has the potential to conflict with citizens' constitutional rights to social security and decent work. Legal protection for people who are unable to pay contributions can be carried out through government supervision, administrative sanctions, and efforts to restore participant rights. However, the implementation of the additional pension program still faces significant challenges, such as weak fundamental economic conditions and potential overlap with the existing social security system. Regulatory harmonization, strengthening supervision, and focusing on optimizing existing programs are needed to ensure the effectiveness of pension programs in ensuring the welfare of all Indonesian workers.
Pembatasan Hak Ekslusif terhadap Penggunaan Kata Umum dalam Sebuah Merek Sanjaya, Aqila Herdiyanto; Silalahi, Wilma
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.v9i2.11773

Abstract

Technological advances drive the importance of brands as trade identities. Based on Law No. 20 of 2016, brands with generic words are prohibited, but the lack of clarity in the rules creates legal uncertainty. This study examines the legal issue and evaluates the regulations to support fair trademark law in Indonesia. This study applies a normative legal approach method with analytical descriptive research specifications. This approach aims to explain and describe the events that are the focus of the study, which are then analyzed by referring to primary, secondary, and tertiary legal materials. The results of this study are the Restriction of exclusive rights to generic words in brands, as regulated in Article 16 letter f of the Permenkumham Merek 12/2021, preventing monopoly of widely known terms to protect the public interest and support business competition. However, the lack of a clear classification in Law No. 20 of 2016 creates the potential for legal conflicts. Distinctive power remains a key element, which can be obtained through fantasy words, generic words unrelated to the product, or secondary meanings. Clearer guidelines and evaluation of the mechanism of distinctive power are needed for fair and effective application of the law.
Kepastian Hukum Pelaksanaan Lelang Terhadap Pemenang Lelang pada Saat Penyerahan Obyek Septianingrum, Mia; Santoso, Budi
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.v9i2.10981

Abstract

This study discusses what if it turns out that the auction object when its obligations have been paid off by the buyer is not appropriate? If there is a legal vacuum, then what can be done to protect the buyer's rights? This study was conducted in order to answer questions like this, and then to be able to provide legal certainty and also legal protection for the parties involved in the auction. This research method is normative juridical. The approach used is the statutory approach (Statute Approach) and the conceptual approach (Conceptual Approach). Several studies show that auction winners often face delays in receiving auction objects due to administrative procedures or in moving auctions, the goods submitted are not appropriate. This arises because the laws and regulations regarding auctions are very minimal. The latest regulation is seen, namely the Minister of Finance, such as the Regulation of the Minister of Finance Number 27 of 2016 concerning Auction Implementation Guidelines. This results in a legal vacuum in several matters regarding auctions. One of them is if the auction object that is submitted during the delivery period is then not appropriate. Because this is not regulated in existing laws and regulations, it results in legal uncertainty for auction buyers.
Peranan Pejabat Pembuat Akta Tanah dalam Pelaksanaan Transformasi Digital Layanan Pertanahan melalui Sertipikat Tanah Elektronik Auliani, Intan Rifka; Roisah, Kholis
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.v9i2.11571

Abstract

This study aims to examine the readiness and obstacles to the implementation of digital transformation of land services through electronic land certificates in Indonesia, especially related to the role and authority of PPATs towards this policy. This study uses a normative juridical approach, namely a research study based on statutory regulations. The data source used is secondary data. The results show that PPATs have a role in maintaining the validity and security of land transactions through the making of valid land deeds. The existence of electronic land certificates is an effort to resolve land disputes and assist the role of the PPAT in facilitating the digitization process of land administration services such as helping to improve data security, transparency and validity, and reduce duplication or forgery of land certificates. However, there are several challenges in its implementation, such as the readiness of technological infrastructure, data security, and limited human resources skilled in information technology. By understanding the role and challenges faced by PPATs, this study provides recommendations for improving the process of issuing electronic land certificates and supporting the government's efforts to improve more modern and efficient land services in Indonesia.
Kajian Yuridis Terhadap Pembatalan Akta Hibah Akibat Penghibah Jatuh Miskin Jadidyah, Havida; Priyono, Ery Agus
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.v9i2.11710

Abstract

A grant is a form of legal agreement in Indonesian civil law, as regulated in the Civil Code (KUHPerdata). However, in practice, a grant can cause legal problems if there is a change in circumstances on the part of the grantor (grantor), especially if the person concerned experiences economic decline to the point of poverty. This study aims to examine whether the qualifications of the state of poverty experienced by the grantor in the Judicial Review Decision Number: 336/PK/Pdt/2016 are legally appropriate, and to analyze the legal consequences of the cancellation of a deed of gift through a court lawsuit. This study is a normative legal study with a statutory approach and a conceptual approach. The nature of this study is descriptive analysis, with the main data sources in the form of primary and secondary legal materials, which are analyzed qualitatively. The results of the study indicate that Article 1688 paragraph (3) of the Civil Code does open up space for the cancellation of a grant if the grantor falls into poverty, but does not provide a definite measure regarding the limits of "falling into poverty". In the judge's considerations, this assessment is still subjective and is determined based on the judge's belief in the facts presented in court. The legal consequences of the cancellation of a deed of gift are basically a form of legal protection for the grantor who experiences losses or injustice due to the granting of the gift. This study contributes to the development of a normative understanding of legal protection for grantors and the importance of clearer regulations regarding the criteria for falling into poverty in the context of grant cancellation.
Analisis Penyebaran Berita Hoax di Media Sosial: Perspektif Hukum dan Peran Masyarakat dalam Mitigasi Masrufah, Masrufah; Fatmawati, Nynda
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.v9i2.11250

Abstract

The spread of fake news (hoaxes) through social media has become a serious challenge in Indonesia due to its impact on social stability and national security. This study aims to explore various types of hoaxes circulating on social media, the legal frameworks used to address them, and the role of society in preventing their spread. This research employs a qualitative approach through document analysis of relevant regulations, such as the Electronic Information and Transactions Law (UU ITE) and the Indonesian Criminal Code (KUHP), as well as case studies of viral hoaxes in Indonesia. The findings indicate that hoaxes can be categorized into several types, including hate speech based on ethnicity, religion, race, and intergroup relations (SARA), public fraud, defamation, and false information that causes panic. Health-related hoaxes have also become a significant concern, particularly during the pandemic. Law enforcement against hoax perpetrators must be carefully implemented to avoid violating freedom of speech. Therefore, digital literacy is essential to raise public awareness in identifying and preventing the spread of hoaxes.
Pemodelan Rehabilitasi Sosial pada Pecandu Narkotika Chaidar, Muhamad; Kusnadi, Sekaring Ayumeida; Alfadani, Ahmad Zakariyah; Lystiadi, Intan Predita
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.v9i2.11577

Abstract

The abuse of narcotics in Indonesia has become a serious social issue, which not only impacts individual health but also creates widespread social and economic disturbances. One of the solutions implemented to address this problem is social rehabilitation for drug addicts, aimed at reintegrating individuals into positive and productive social roles. This article discusses the modeling of social rehabilitation for drug addicts from a legal perspective, referring to Law Number 35 of 2009 concerning Narcotics, which regulates the provision of rehabilitation as an alternative to punishment for drug users. The social rehabilitation model involves several stages, including assessment, medical and psychosocial rehabilitation, and social reintegration into the community. Additionally, the legal approach applied must prioritize the principles of restorative justice, aimed at restoring relationships between addicts, the community, and victims, as well as reducing the negative stigma against addicts. However, the implementation of social rehabilitation also faces challenges, such as social stigma, limited resources, and ineffective coordination among law enforcement agencies, rehabilitation institutions, and the community. This article concludes that a social rehabilitation model based on human rights principles, restorative justice, and comprehensive support from various parties can accelerate the recovery of drug addicts and facilitate their reintegration back into society.

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