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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 15 Documents
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Search results for , issue "Vol 9, No 4 (2025): Legal Standing" : 15 Documents clear
Penggunaan Alat Bukti Sekunder dalam Menjatuhkan Tuntutan Pidana Berdasarkan Asas Kepastian Hukum Gusriana, Fahmi; Batubara, Gialdah Tapiansari
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11966

Abstract

The use of circumstantial evidence in criminal cases has raised legal debate. Judges in some cases consider circumstantial evidence because there were no eyewitnesses who saw the criminal event directly. This is contrary to the Criminal Code which limits valid evidence in Indonesian criminal procedure law. The use of circumstantial evidence that is not regulated in the Criminal Code has the potential to cause normative conflicts, legal uncertainty, and violations of human rights. It is necessary to examine the criteria for circumstantial evidence that is permitted in the Indonesian criminal procedure law system and has a legal standing in line with the principle of legal certainty, as well as the legal consequences of using circumstantial evidence in imposing criminal charges based on the principle of legal certainty using normative legal research methods with a statutory approach and case studies. The results show that the criteria for circumstantial evidence that is justified in the Indonesian criminal procedure law system and has a legal standing in line with the principle of legal certainty is when the use of circumstantial evidence is prioritized for proving cases where there are no eyewitnesses who saw it directly, its use must be complementary, cannot stand alone (not used as the sole basis for imposing a criminal sentence), its use must meet the elements of accountability, relevance, authenticity, validity, proportionality, not violating human rights, used as complementary evidence that supports the proof and used as part of the consideration of proof, especially in the form of instructions or letters to strengthen the judge's conviction. The legal consequences of the use of circumstantial evidence in imposing criminal charges based on the principle of legal certainty remain normatively legal. As long as the use of circumstantial evidence is in accordance with its position, its use remains in line with the principle of legal certainty as one of the fundamental principles in the Indonesian legal system.
Implikasi Pemutusan Hubungan Kerja Sepihak Bagi Hak Pekerja Pasca UU Cipta Kerja Tanera, Lauren; Gunadi, Ariawan
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11838

Abstract

Unilateral termination of employment is a labor issue that has the potential to cause significant economic and welfare impacts on workers. The act of terminating employment without a clear legal basis and without fulfilling workers' rights contradicts the principle of fairness in the industrial sector. This study aims to examine the legal protection aspects for workers who experience termination without mutual agreement and to analyze the role of the government in addressing this issue. This research employs a normative approach by analyzing applicable legal provisions, including legislation and court decisions. Based on Article 28D (2) of the 1945 Constitution of the Republic of Indonesia and Article 81, point 47 of the Omnibus Law, which revises Article 156(1) of the Manpower Law, workers who experience termination of employment are entitled to compensation in the form of severance pay, long-service appreciation pay, and compensation for other entitlements. Additionally, the government plays a key role as a policymaker and mediator in labor dispute resolution. Although regulations provide a legal foundation for protecting workers' rights, cases of unfair termination continue to occur due to weak enforcement and limited worker awareness of their rights. Therefore, concrete measures are necessary to strengthen law enforcement, enhance oversight of labor regulation implementation, and optimize the government's role in ensuring the protection of workers' rights.
Analisis Keputusan Kpu Nomor 789 Tahun 2024 Tentang Penetapan Daftar Calon Tetap Anggota Dpd Dapil Sumatera Barat Perspektif Siyasah Dusturriyah Sopian, Sopian; Khalid, Khalid
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11601

Abstract

The purpose of this article aims to clarify the Decree of the General Election Commission (KPU) of the Republic of Indonesia No. 789 of 2024 concerning the Determination of the Permanent Candidate List for DPD RI Members for the Electoral District of West Sumatra Against the Decision of the Constitutional Court No. 03-03 / PHPU.DPD-XXII / 2024 and to clarify the Decree of the KPU RI No. 789 of 2024 in the Perspective of Fiqh Siyasah. . The writing method uses a normative approach and data collection techniques using literature studies. This article is descriptive and aims to solve problems. Based on the analysis, this article found that the KPU RI Decree resulted in a loss of constitutional rights for Irman Gusman to be able to participate in the general election contest for DPD RI Members for the West Sumatra Electoral District. This happened because of the KPU's error in interpreting the PKPU and the Law on Elections. Second, the KPU's non-compliance with the Jakarta PTUN Decision resulted in the law in the DPD RI general election for the West Sumatra electoral district so that Irman Gusman was canceled as a Permanent Candidate List for DPD RI Members in the 2024 General Election. Third, from the perspective of Fiqh Siyasah which includes political rights, it is basically an effort to prevent former candidates from committing the same acts in the future. Fourth, the Constitutional Court's decision to hold a re-vote for the election of DPD RI Members for the West Sumatra Electoral District in the 2024 Election is basically to uphold justice and provide Irman Gusman's Constitutional Rights which have been violated by the cancellation of the KPU RI.
Implikasi Hukum Terhadap Notaris yang Melakukan Keterlambatan Pendaftaran Jaminan Fidusia dalam Sistem Administrasi Hukum Umum Sebagai Pemegang Jaminan Fidusia Haq, Sadida Amalia Izzatul; Aminah, Aminah
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11724

Abstract

One of the most important forms of collateral in Indonesia's financial sector is fiduciary security. When a debtor defaults on their payments, the civil law system gives creditors the authority to seize assets in order to get their money back. In order to guarantee that fiduciary certificates are legally legitimate, it is necessary to register them via the General Legal Administration System (AHU), as stated in Law Number 42 of 1999 on Fiduciary Security. On the other hand, notaries often cause delays in the registration procedure, which may impact creditors' rights and result in legal ramifications for the notaries themselves. The purpose of this research is to look at how the law protects creditors when notaries are late with registering fiduciary securities and what that means for their legal liability. The study examines applicable statutes, case law, and legal theories from a normative juridical perspective. According to the results, creditors risk having their preferred rights to the collateral object eroded and debtors' chances of abusing the fiduciary object increased if the registration process takes too long. Thus, in order to preserve creditors' legal rights, notaries must guarantee correct adherence to fiduciary registration processes.
Kedudukan Pengadilan Pajak dan Perbandingannya dengan Sengketa Tata Usaha Negara di Indonesia Jadidyah, Havida; Priyono, Agus
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11726

Abstract

The Tax Court is a special judicial institution authorized to handle tax disputes in Indonesia. Its position is under the Supreme Court in terms of judicial technical guidance, but administratively, organizationally, and financially it is under the Ministry of Finance. This study aims to examine the position of the Tax Court in the Indonesian judicial system and to compare the mechanisms for resolving tax disputes with State Administrative (TUN) disputes. This study uses a normative legal method with a statutory regulatory approach and a conceptual approach. The results of the study indicate that the Tax Court is part of the state administrative court environment, but has specific procedures and authorities. The striking difference between tax disputes and TUN disputes lies in the resolution mechanism. Tax disputes are quasi-judicial in nature and require an objection procedure to the Director General of Taxes before they can be submitted to the Tax Court. In contrast, TUN disputes can be submitted directly to the State Administrative Court without going through the administrative objection stage. In addition, the decision of the Tax Court is final and binding, while the PTUN decision can still be pursued for further legal action. This difference reflects the characteristics of each dispute, and emphasizes the strategic position of the Tax Court in providing justice and legal certainty for taxpayers. This study is expected to contribute to strengthening the understanding of academics, legal practitioners, and the public regarding effective and targeted tax dispute resolution mechanisms.
Konsep Pengaturan Perjanjian Kerja Waktu Tertentu (PKWT) Berdasarkan Prinsip Keadilan Proporsional Triasmono, Hari; Warka, Made; Setyaji, Sri; Hufron, Hufron
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11880

Abstract

This study aims to analyze the regulation of Fixed-Term Employment Agreements (PKWT) based on the principle of proportional justice in the Indonesian labor law system. This principle emphasizes the importance of a balance between the rights of employers to business flexibility and the rights of workers to protection and job security. This study uses a normative legal method with a statutory, conceptual, philosophical, historical approach, as well as a case and comparative approach. The primary legal materials analyzed include the Employment Law, the Job Creation Law, and the Constitutional Court Decision Number 168/PUU-XXI/2023. The results of the study show that changes to the regulation of PKWT through the Job Creation Law, especially the elimination of the maximum duration limit for extension, have created legal uncertainty for workers and opened up opportunities for abuse by employers. PKWT that is not strictly limited has the potential to harm workers, especially in terms of compensation and social security rights. Current regulations tend to favor employer flexibility, so there needs to be a rearrangement that prioritizes the principle of proportional justice. This justice must be reflected in the limitation of the use of PKWT for work that is truly temporary, the provision of adequate compensation, and strict supervision by the state. Theoretically, this finding confirms that employment law must be based on social justice that places humans at the center of policy, not merely objects of the labor market.
Meneropong Efektivitas dan Efisiensi Kabinet Koalisi Merah Putih Terhadap Tata Kelola Pemerintahan Nurmala, Sheila Adi; Hadi, Candrika Pratisara
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11720

Abstract

This research explores the effectiveness and efficiency of the Red and White Coalition's Fat Cabinet under the leadership of President Prabowo Subianto, and its implications for state governance. Indonesia's presidential system, stipulated in the 1945 Constitution, gives the president the power to form a cabinet consisting of ministers appointed based on political considerations and competence. This research uses a qualitative method with a statutory and conceptual approach to analyze the structure and dynamics of the cabinet. The results show that although a fat cabinet has the potential to improve political stability and task specification, challenges such as inefficiency and coordination difficulties remain. Therefore, it is recommended that the Prabowo administration conduct periodic evaluations of ministry performance and increase transparency in decision-making to ensure policies that favor the public interest.
Analisis Sistem Resi Gudang Sebagai Alternatif Pembiayaan Petani Ketika Deflasi Hasanah, Nisa Maulida; Pratama, Muhammad Ath-Thaariq
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.10673

Abstract

The Central Statistics Agency released its latest report on economic conditions in Indonesia, which has experienced deflation for 5 consecutive months. During this time, people's purchasing power continued to decline, making it difficult for farmers and fishermen to sell their produce at reasonable prices. The declining purchasing power makes many farmers or fishermen throw away their products because they cannot be stored. The government has created a Warehouse Receipt System (SRG) that aims to allow farmers, fishermen and others to store their commodities in a standardized warehouse. In addition, the SRG also includes a guarantee mechanism that allows for financing. Farmers and fishermen can store their products in SRG warehouses for a long time, but still get money for production capital with financing that makes Warehouse Receipts as collateral objects. SRG can be a solution for farmers and fishermen in the face of deflation or a decline in purchasing power with production continuing even though sales are slower than usual.
Hak Waris Bagi Anak Yang Lahir dari Perkawinan di Bawah Tangan Suryaningsih, Ayuk; Hadiati, Mia
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11839

Abstract

Unregistered marriages (perkawinan siri) remain a common practice within Indonesian society. Although such marriages are considered religiously valid, they hold no legal standing under state law due to the absence of official registration with civil authorities. This lack of legal documentation leads to significant legal issues, particularly regarding the legal status of children born from such unions, including civil rights such as recognition, financial support, and inheritance. This study aims to examine the protection of the rights of children born from perkawinan siri from the perspectives of Islamic law, Christian doctrine, and Indonesian positive law, with the goal of identifying a common ground that ensures justice and child welfare. This research adopts a normative legal method (juridical-normative approach), incorporating statutory, conceptual, and comparative legal approaches. The data used in this study are secondary data, consisting of primary legal materials (laws and court decisions), secondary legal materials (legal literature and scholarly journals), and tertiary legal materials. Data were collected through library research. The data analysis technique employed is qualitative analysis, which involves examining the content and interpretation of relevant legal norms and religious teachings, as well as comparing them to identify alignments or discrepancies in the protection of children’s rights born out of unregistered marriages. In Islamic law, children born from biological relationships are entitled to protection, even if they are born outside of legally registered marriages. Within Christian teachings, perspectives vary across denominations; however, there is a general emphasis on the legitimacy of civil law. Under Indonesian national law, the legal status of such children may be acknowledged as long as the evidentiary requirements prescribed by law such as recognition by the father or a court ruling are fulfilled. This study highlights the critical importance of marriage registration as a form of preventive legal protection, ensuring the clarity of a child's legal status and the fulfillment of their rights. Furthermore, empirical findings reveal a persistent gap in legal awareness among the public and a disconnect between legal norms and their implementation, underscoring the need for active roles by the state and religious institutions in promoting legal education and policy reform.
Kebijakan Penanggulangan Narkotika oleh Badan Narkotika Nasional Ditinjau dari Undang-Undang Narkotika Khoirullah, Muhamad Satria; Hutabarat, Rugun Romaida
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11927

Abstract

This research stems from the obligation of a rule-of-law state to protect its citizens from the threat of narcotics abuse, which is increasingly widespread and endangering the nation’s survival. The purpose of this study is to explain the obstacles faced by the National Narcotics Agency (BNN) of Tangerang City in implementing law enforcement policies against narcotics crimes in its jurisdiction. This research employs an empirical legal method using a juridical-empirical approach, combining analysis of legal regulations with field data obtained through interviews, documentation, and literature studies. The findings show that although BNN Tangerang City has carried out various prevention, eradication, and rehabilitation policies through cross-sectoral cooperation with local governments, the police, and the community, implementation still faces serious challenges, such as shortages of human resources, limited operational facilities, weak inter-agency coordination, and gaps in technical understanding related to proving narcotics cases. In addition, the participation of Regional Government Organizations (OPD) is considered uneven, and private sector involvement remains minimal. This research recommends the need for increased budget allocation, recruitment and training of human resources, strengthening of forensic laboratories, optimization of technology, and regulatory improvements to create a more effective and sustainable narcotics control system in Tangerang City.

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