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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 3 (2025): Legal Standing" : 20 Documents clear
Hipotek Kapal: Perlindungan Hukum dan Kepastian Bagi Kreditur Pambayun, Cindy Fatika Dewi; Tan, David; Fitri, Winda
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11137

Abstract

Ships as collateral for mortgages in credit agreements are regulated in Articles 1162 to Article 1232 of the Civil Code and Shipping Law Number 17 of 2008. This departs from Indonesia's geographical conditions as a maritime country with important sea transportation, as well as its position in between the continents of Asia and Australia. Ships have two legal statuses, namely as movable and immovable objects. The Shipping Law states that the guarantee of a ship is determined by its region of registration, which is also linked to information about the ship and its owner in the national registration book. The nationality of the ship needs to be considered like other property rights. Banks are often hesitant to accept ship collateral due to the precautionary principle. However, the 2008 Shipping Law provides new hope for shipping entrepreneurs, even though many ships are not yet insured, making it difficult for banks to accept ships as credit collateral.
Peran Mediasi dalam Penyelesaian Sengketa Perjanjian Kontrak Bisnis di Indonesia Simarmata, Boy Gabriel Yohanes; Sinaga, Irene Putri Alfani Sofia
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11493

Abstract

Business contract disputes are common issues in the business world, arising from either breaches of agreements or differing interpretations of contract terms. Dispute resolution through litigation often takes a long time, incurs high costs, and has the potential to damage established business relationships. This study aims to analyze the role of mediation in resolving business contract disputes in Indonesia by highlighting its effectiveness, challenges, and opportunities for optimization within legal and practical contexts. This research employs a normative legal method with an analytical approach to relevant regulations, such as Supreme Court Regulation (Perma) No. 1 of 2016 on Mediation Procedures in Court, as well as legal doctrines and related literature. The findings indicate that mediation has great potential as a more efficient dispute resolution mechanism than litigation, as it is flexible, faster, and helps maintain business relationships between parties. However, its implementation still faces obstacles, including low awareness among business actors, a limited number of professional mediators, and a dominant litigation culture. The originality of this study lies in its comprehensive analysis of mediation implementation based on regulatory reviews and business practices in Indonesia, along with strategic recommendations to enhance its effectiveness. The study's limitations include constraints in empirical data collection, as it primarily adopts a normative approach. Therefore, further research based on case studies or interviews with legal practitioners and professional mediators is recommended to gain deeper insights into the practical effectiveness of mediation. To address existing challenges, efforts are needed to promote mediation awareness, improve mediator competencies, and strengthen regulations supporting out-of-court mediation.
Anti-SLAPP sebagai Strategi NDC dalam Perlindungan Hutan Zero Deforestation Pertiwi, Ella Paramitha; Effendy, Muhammad Alim Multazam; Yakin, Moh Ainul; Taufik, Moh.
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.10854

Abstract

Indonesia has very diverse natural resources, especially the abundant forest wealth. But in reality, forest wealth is declining due to deforestation. This contradicts Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that people need to fulfil their right to a good and healthy environment. The research was conducted using normative juridical method through statutory, case study and conceptual approaches that produced qualitative data through literature study. This research found the fact that there is no regulation that discusses the implementation of Nationally Determined Contributions (NDC) in Indonesia and there are still many cases of criminalisation due to deforestation cases. Therefore, it is necessary to embody the NDC in the Anti-SLAPP regulation to realise Zero Deforestation-based forest protection in Indonesia.
Peran Penuntut Umum Terhadap Pemenuhuan Restitusi Anak Korban Tindak Pidana Kekerasan Seksual Deanova, Luthfie Arya; Sulistiani, Lies; Ramadhani, Rully Herdita
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11889

Abstract

Sexual violence crimes not only affect adults as victims but also targetand impact children. Concern over the high number of sexual crimes experienced by children should not solely focus on punishing the perpetrators but also on fulfilling the rights of child victims of criminal acts. One way to restore the condition of child victims of sexual violence is through restitution. In cases of sexual crimes against children, the Public Prosecutor (JPU) plays a central role in ensuring the fulfillment of the victim's right to restitution. The central role of the Public Prosecutor in providing restitution is stated in Government Regulation No. 43 of 2017. This study aims to examine the urgency of the Public Prosecutor's role in fulfilling restitution rights and to identify the challenges and efforts in the process of fulfilling these rights for child victims. This research uses a normative juridical approach. The findings indicate that filing for restitution for child victims of sexual violence crimes is crucial and should be included in the Public Prosecutor's indictment as a form of legal protection for the child victims. However, the implementation of restitution requests in the indictment still faces obstacles, both from within the prosecutor's office and from external institutions.
Pelaksanaan Hak Tanggungan Secara Elektronik dengan Jaminan Sertipikat Tanah Marisa, Marisa; Aminah, Aminah
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11377

Abstract

Technological advances have had a significant impact on various aspects of life, including law and public administration. One important aspect is the implementation of taxation, which is a strategic strategy with high economic value and is considered an important object in economic activities. The Indonesian government has implemented an Electronic Tax Service (HT-el) system to improve efficiency, transparency, and accountability in tax administration. HT-el covers various tax-related processes, such as tax collection, creditor changes, and tax collection audits, which can be carried out electronically through an online platform. Digitalization offers many benefits, such as faster processing times, increased efficiency, and reduced long-term interconnections that prevent corruption. However, the implementation of HT-el also presents challenges that cannot be ignored. These include technological infrastructure, human resource management, and electronic data knowledge. The implementation of HT-el requires comprehensive legal services, including electronic document handling, personal data protection, and legal compliance for affected parties. One of the challenges faced in the implementation of HT-el is the relationship between creditors and debtors, which can be affected by differences in data in the electronic tax system. Debtors may believe that digital data is incompatible with the old tax system, thus creating the risk of inaccurate data input or lack of clear communication mechanisms. The implementation of HT-el also involves exploring various aspects of technology in the process, analyzing its impact on taxation, and providing recommendations for developing a better system during the data collection period. This study aims to contribute to understanding the digitalization of the tax law system and addressing the various challenges faced in its implementation.
Praktik Kecantikan Tanpa Izin Sebagai Tindak Pidana: Upaya Hukum Dalam Pemulihan Kerugian Korban Aurellia, Chyntia; Adhari, Ade
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11893

Abstract

The development of the beauty industry in Indonesia has contributed to the rise of illegal beauty practices carried out by non-medical personnel without official permits, which can jeopardize the health and safety of consumers. These unlicensed beauty practices constitute a violation of the Medical Practice Act, which prohibits non-medical service providers from performing medical procedures without authorization. This study aims to analyze unlicensed beauty practices as criminal acts and the legal avenues available for victims to seek compensation for damages. The research method employed is a literature review, analyzing regulations, scientific journals, and relevant cases. The results of the study show that unlicensed beauty practices not only violate administrative aspects but also pose significant health risks. Victims can seek compensation through criminal and civil legal channels; however, challenges in law enforcement and the low level of public legal awareness hinder recovery efforts. This study provides recommendations to improve supervision, strengthen regulations, and raise public awareness about the dangers of illegal beauty practices.
Constitutional Implications of Abolishing the Presidential Threshold on Democracy and the Electoral System in Indonesia Mau, Hedwig Adianto
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11579

Abstract

The Constitutional Court's Decision No. 62/PUU-XXII/2024, which nullified the application of the presidential threshold in Indonesia’s presidential and vice-presidential elections, represents a transformative development in the country's electoral framework. This research investigates the legal and political ramifications of the ruling, particularly its impact on democratic practices and the structure of the electoral system in Indonesia. Employing a normative juridical approach, the study explores the constitutional justification for eliminating the threshold, assesses its effects on political inclusiveness, and examines its implications for governmental stability. The results suggest that eliminating the presidential threshold may strengthen democratic processes by enabling broader candidate participation and encouraging a more competitive political environment. Nevertheless, the absence of such thresholds could also lead to heightened political fragmentation, potentially resulting in a more divided electoral arena. From a regulatory standpoint, this shift demands careful revision of electoral procedures to maintain administrative efficiency and uphold the integrity of election outcomes. This research contributes original insights by being among the first to critically assess the legal reasoning of the Constitutional Court’s decision in the context of Indonesia’s evolving democratic architecture. It highlights the tension between normative constitutional ideals and practical governance needs, offering a nuanced interpretation that bridges theory and institutional realities. However, the study is limited by its focus on normative and doctrinal analysis without incorporating empirical data from political actors or voter behavior post-ruling. In conclusion, the abolition of the presidential threshold introduces a multifaceted impact on Indonesia's democratic development and electoral integrity, warranting further scholarly inquiry into regulatory frameworks that can harmonize openness with governance efficacy post-ruling.
Karakteristik Sistem Pembagian Waris Keluarga Dayak Muslim Lestari, Indah; Syaikhu, H; Patrajaya, Rafik
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11660

Abstract

Inheritance practices between Muslim Dayak families can be handed over to the majority without regard to differences in religion and gender. This indirectly shows that there are values that are maintained by Muslim Dayak families in the distribution of inheritance so that this happens. This research is a type of empirical research with a legal sociology type and approach socio-legal with qualitative data analysis methods. The results of the research show that the implementation of inheritance distribution in Muslim Dayak families applies three main points, namely Budaya Damai, Tradisi Hakakat and implement the principles Belom Bahadat namely maintaining the value of the inheritance system used so as to create a characteristic, namely applying equality, so that Dayak Muslim inheritance can be in harmony with Islamic law.
Perlindungan Hukum Bagi Istri yang Tidak Nafkahi Menurut UU No. 16 Tahun 2019 Kupang, Frisca Melati; Kasim, Nur Mohamad; Kamba, Sri Nanang Meiske
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11743

Abstract

Abstract This study aims to analyze the legal protection for a legitimate wife who does not receive maintenance within her marriage, specifically based on Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 on Marriage. This research uses an empirical legal research method with a juridical-sociological approach. The research questions addressed in this study are: first, how is the legal protection for the legitimate wife’s right to maintenance in her marriage according to Law No. 16 of 2019, and second, what are the factors causing the failure to fulfill the wife’s maintenance rights within her marriage in Tombolango Village? Data was collected through interviews with relevant parties in the Tombolango Village community and by reviewing regulations such as the Marriage Law, the Law on the Elimination of Domestic Violence (PKDRT), and the Compilation of Islamic Law (KHI). The study found that although the law provides protection for the wife's right to maintenance, in practice, there are socio-economic and cultural factors that hinder the fulfillment of this right in Tombolango Village. Therefore, efforts to raise legal awareness in the community and increased oversight from authorities are necessary to protect women's rights in marriage.
Peran Pengawas Ketenagakerjaan dalam Pemenuhan Hak Pekerja yang Mengalami Pemutusan Hubungan Kerja (PHK) Rusyaman, Jasmine Gitarahmi; Karsona, Agus Mulya; Singadimedja, Holyness N
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11887

Abstract

Labor inspectors serve the function of overseeing and ensuring the enforcement of labor regulations, including guaranteeing the fulfillment of workers' rights in cases of termination of employment. As a consequence of termination practices, workers are entitled of severance pay, rewards for length of service, and reimbursement of other entitlements in accordance with applicable regulations. This study focuses on the legal protection and the impact of labor inspectors’ performance on the fulfillment of workers' rights in termination cases. The approach employed in this study is a normative juridical method. The findings indicate that the active role of labor inspectors in fulfilling workers’ rights following termination can be carried out upon receiving a complaint from the affected worker or based on a directive from their superior. This is closely related to the limited authority of labor inspectors. Furthermore, the high number of labor law violations and the imbalance between the number of labor inspectors and the number of existing companies indicate that labor inspection implementation has not yet been optimal.

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