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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 3 (2025): Legal Standing" : 20 Documents clear
Studi Komparasi Hak Nafkah Anak Diluar Nikah Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata Putri, Suci Rocky; Yani, Encep Ahmad
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.v9i3.11890

Abstract

This study discusses the comparative legal protection of the right to support children born out of wedlock according to two legal systems in force in Indonesia, namely the Compilation of Islamic Law (KHI) and the Civil Code (KUHPerdata). Children born out of wedlock often face legal uncertainty, especially regarding the right to recognition of identity and provision of support, which has an impact on their protection and welfare. This study uses a normative legal approach with a comparative method, to analyze the extent to which the two legal systems provide protection for children born out of wedlock that is legal according to state and religious law. The results of the study show that both the KHI and the Civil Code recognize the importance of protecting children's rights, including the right to support. However, there are fundamental differences in the legal construction and implementation of the responsibility for providing support. In the KHI, children born out of wedlock do not have a civil relationship with their biological father, unless legally recognized, so that the provision of support is only borne by the mother or the party who recognizes it. Meanwhile, the Civil Code provides a broader possibility for the recognition and imposition of responsibility on the biological father through the mechanism of legal recognition of children. This difference creates legal dualism and has the potential to cause injustice and discrimination against children. Therefore, this study recommends harmonization between the Islamic legal system and civil law in the context of the right to support children born outside marriage, in order to ensure legal protection that is fair, equal, and oriented towards the best interests of the child.
Analysis of Supreme Court Decision Number 3507 K/PDT/2023 Cristy, Florentina; Hadiati, Mia
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.v9i3.11881

Abstract

The aim of this study is to investigate the authority of the Land Deed Making Officer (PPAT) in issuing Sale and Purchase Deeds Number 134/2016 and 135/2016. All actions, including legal and other acts, performed within the territory of Indonesia must adhere to the prevailing regulations and laws in the country. This requirement applies to all individuals, whether Indonesian citizens or foreign nationals currently in Indonesia. Every landowner in Indonesia is obligated to register their land in accordance with the provisions of the Basic Agrarian Law and its associated regulations, ensuring that land ownership status is clear and legally recognized, which serves as a preventive measure against disputes over land rights. This study employs a descriptive qualitative approach to examine the authority of PPAT Roy Pudyo Hermawan in executing Sale and Purchase Deeds Number 134/2016 and 135/2016. The findings indicate that the deeds were declared legally defective by the Supreme Court, as they did not satisfy the substantive legal requirements and failed to adhere to the procedural standards prescribed for deed execution by a PPAT.
Problematika dan Tanggung Jawab Profesi Notaris kepada Masyarakat demi Tercapainya Kepastian Hukum Anindita, Puspita; Priyono, Ery Agus
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.v9i3.11276

Abstract

In order to realize the Republic of Indonesia as a State of Law based on Pancasila and the 1945 Constitution of the Republic of Indonesia in order to guarantee certainty, order and legal protection for those who need authentic written evidence which explains the circumstances, events or legal acts that require the Office of Notary, in 2004 the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary was issued as amended by Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary. Based on the Provisions of Article 1 number 1 of the Republic of Indonesia Law Number: 30 of 2004 concerning the Position of Notary as amended by the Republic of Indonesia Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, the definition of Notary is as follows: Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in this Law. Thus, because the Notarial Deed is an Authentic Deed, the Notarial Deed has perfect or complete evidentiary power, as stipulated in Article 165 HIR.
Tantangan dan Strategi Implementasi Kebijakan Anti-Korupsi di Lembaga Pemerintahan Wahid, St. Hadijah; Putra, Wandi Pratama; Arale, Friska Amelia
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.v9i3.9989

Abstract

Corruption within government institutions is a major obstacle to achieving sustainable growth and building a clean governance system. Anti-corruption policies are important, but the complexity of their implementation encompasses cultural factors, laws, and power dynamics. Government institutions face difficulties in implementation due to complex bureaucratic structures, internal resistance, and limited resources. The purpose of this research is to identify the challenges and implementation strategies of anti-corruption policies in government institutions. This research uses literature review and data analysis methods. The results indicate that improvement efforts require strategies such as strengthening internal capacity, increasing transparency, and fostering public participation. A strong legal foundation, adequate resource distribution, as well as outreach and public education programs are key to enhancing anti-corruption policies in government institutions. Implementation strategies involve standardizing law enforcement, capacity building, strengthening legal frameworks, resource distribution, awareness campaigns, and anti-corruption capacity enhancement programs. Encouraging public participation, especially through anti-corruption education in schools, and leveraging information technology to increase transparency, are essential foundations for building a clean and effective government.
Analisis Yuridis terhadap Notaris yang Berkewajiban Amanah Menurut Pasal 16 Udang-Undang no. 2 Tahun 2014 tentang Jabatan Notaris Nugraha, Naufal Aji; Silviana, Ana
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.v9i3.11765

Abstract

A notary is a public official appointed by the state to carry out part of the public authority, especially in making authentic deeds that have legal force. The role of a notary must comply with various legal provisions stipulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (Notary Position Law). One of the main obligations that must be carried out by a notary is to act in a trustworthy manner, as stipulated in Article 16 Paragraph (1) Letter a of the Notary Position Law. In Islam, the principle of trustworthiness has a position as one of the basic values that must be applied in community and state life. Trustworthiness is a commendable trait recommended by the Qur'an and Hadith. The obligation of a notary to act in a trustworthy manner as stipulated in the Notary Position Law has strong relevance to the teachings of Islamic law. A study of the obligation of a notary to act in a trustworthy manner according to Article 16 Paragraph (1) Letter a of the Notary Position Law, when viewed from the perspective of Islamic law, is important to provide a more comprehensive understanding of the relationship between positive law and Islamic values. This study aims to analyze the obligation of notaries to act in a trustworthy manner, identify its relevance to the principle of trustworthiness in Islamic law, and examine the law of violations of this obligation.
Pemenuhan Hak Anak Sebagai Korban dalam Sistem Pengadilan Tindak Pidana Kekerasan Seksual Siahaan, Rahel; Tan, Winsherly; Febriani, Emiliya
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.v9i3.11362

Abstract

This study aims to analyze the effectiveness of fulfilling children's rights in the judicial system of sexual violence crimes in Batam City, as well as to identify the challenges and realities faced during its implementation. The research method used is an empirical juridical approach, with data collected through in-depth interviews with law enforcement officials, including investigators and police in Batam City. The findings reveal that although comprehensive regulations exist, their implementation remains suboptimal due to limited human resources, insufficient child-friendly facilities, and ineffective inter-agency coordination. These barriers hinder the protection and recovery of child victims of sexual violence. The study also highlights the importance of applying the principles of Best Interests of the Child and the Restorative Justice approach to create a more child-friendly judicial system. Therefore, improvements in law enforcement training, strengthening inter-agency coordination, and developing facilities to support the recovery of child victims of sexual violence are urgently needed.
The Law on Modifying the Engine of a Two-Wheel Motor Vehicle Perspective of Sadd Adz-Dzari’ah Lubis, Pangeran Fatih Hasyim; Lubis, Fauziah
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.v9i3.11888

Abstract

This study discusses the practice of engine modification on motorcycles in the Medan Tembung District, specifically at the MRT Garage workshop. The modifications are carried out at the request of customers to increase engine capacity. However, this practice is often considered illegal because it does not comply with safety standards and existing regulations in Indonesia. This study analyzes the phenomenon from the perspective of Sadd Adz-Dzari’ah in Islamic law, which prohibits actions that have the potential to lead to harm, even if initially permitted. The study also examines Indonesian legal regulations such as Government Regulation No. 55 of 2012 and Law No. 22 of 2009, which regulate the technical aspects of motor vehicle modifications. The findings show that such modification practices violate both Islamic law and government regulations, as they cause harm such as vehicle instability and an increased risk of accidents. This study contributes to the understanding of motor vehicle modification regulations from both Islamic and Indonesian positive law perspectives.
Kewenangan dan Tanggung Jawab PPAT dalam Proses Pembebasahan Tanah untuk Kepentingan Umum Putri, Deviana; Silviana, Ana
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.v9i3.11784

Abstract

The land acquisition process requires the involvement of various parties, one of which is the Land Deed Making Officer (PPAT). PPAT has an important role in ensuring the validity of land administration through the creation of authentic deeds, such as deeds of sale and purchase, deeds of gift, and deeds of release of rights. In the context of land acquisition for public interest, the authority and responsibility of PPAT are very crucial in ensuring legal certainty for all parties involved. This study aims to find out and understand the authority of PPAT in the process of land acquisition for public interest and to analyze the legal responsibility of PPAT in making words related to land acquisition. The type of research used in this thesis is normative legal research, namely research that focuses on the study of laws and regulations, legal doctrine, legal principles, and relevant literature. This study is used to analyze the authority and responsibility of PPAT as regulated in the positive legal system in Indonesia, especially in the context of land acquisition for public interest. The results show that the PPAT's authority in land acquisition for public interest is to make authentic deeds related to the transfer of land rights, such as deeds of sale and purchase, deeds of release of rights, and deeds of gift. This authority is administrative in nature and does not include the assessment of compensation or determination of land acquisition policies and the legal responsibilities of the PPAT include ensuring the validity of documents and the identities of the parties, as well as ensuring that the transferred land is not in dispute. PPAT's negligence can have legal consequences, both administrative, civil, and criminal.
Efektivitas Penyelesaian Hukum Akibat Sound Horeg Melalui Restoratif Justice Parikesit, Dhana Harliza Putri; Romadhon, Ahmad Heru; Gunawan, Bambang Panji
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.v9i3.11654

Abstract

This research aims to examine the effectivenessof legal settlements regarding the nouise disrtubances caused by sound horeg through  a restorative justice approach . sound horeg refers to high-decibel audio devices used in community events such as birthdays, circumcisions, and carnivals. Excessive and unregulated use of these devices often disturbs public comfort and order. This can be considered an unlawful act, as it violates established noise level thresholds and infringes on the public’s right to a peaceful and healthy environment. The research adopts a normative juridical method with statutory and conceptual approaches. Data sources include literature review of relevant regulations such as the Criminal Code, Law No. 32 of 2009 on Environmental Protection and Management, and Ministerial Regulations on noise level standards. Secondary data were obtained from articles, news reports, community complaints, and scientific journals. The findings show that a restorative justice approach is more effective in resolving legal issues related to sound horeg compared to repressive methods. Restorative justice emphasizes deliberation, restoration of social relations, education for offenders, and continuous supervision. This approach helps minimize social conflict, enhances legal awareness in the community, and supports the creation of sustainable public order.
Fan Culture dan Batasan Hukum: Analisis Tindakan Sasaeng Fans dalam Perspektif Hukum Pidana Anggraeni, Hari Sri; Tohari, Mohamad; Susilowati, Tri
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.v9i3.11752

Abstract

The phenomenon of sasaeng fans in the K-pop industry has become a serious issue that threatens the privacy and security of idols. Behaviors such as stalking, spreading personal information, and even physical threats are common actions of sasaeng fans, which are often difficult to address legally. This study analyzes sasaeng fans' behavior from the perspective of South Korean criminal law, focusing on case studies of BTS and NCT. The research employs a normative and empirical juridical approach, utilizing legal regulations, court decisions, news reports, and relevant case documentation as data sources. The findings reveal that although South Korea has implemented the Stalking Punishment Act and other regulations, their enforcement faces several challenges, including difficulties in proving intent, relatively lenient penalties, and idols’ reliance on agencies to report cases. Therefore, stricter policy revisions, active agency involvement in reporting violations, and fan education on ethical boundaries in idol support are necessary. The results of the study show that although South Korea has enacted the Stalking Punishment Act and other regulations related to the protection of public figures, its implementation still faces significant obstacles. The original findings in this study indicate that one of the roots of the problem is not merely the legal vacuum, but rather the gap between the existence of the law and legal awareness of both victims and law enforcement officers. In addition, the results of this study also reveal that the sanctions imposed on sasaeng perpetrators tend to be light and do not have a deterrent effect, so that the practice of violating privacy against idols remains widespread.

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